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2011-245
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Last modified
2/18/2016 1:34:46 PM
Creation date
10/1/2015 3:14:39 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/06/2011
Control Number
2011-245
Agenda Item Number
12.A.2
Entity Name
Treasure Coast Regional Planning Council & Health Department
Subject
Gifford Park Brownfields Site Access Agreement
Area
2880 45th St.
Supplemental fields
SmeadsoftID
10436
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BROWNFIELDS SITE ACCESS AGREEMENT <br /> Execution of this form is a requirement for assistance through the Brownfields Site Assessment , Cleanup <br />and <br /> Remediation program . For one dollar and other good and valuable consideration the receipt and sufficiency <br /> of <br /> which is acknowledged by the undersigned , the undersigned agree as follows . <br /> 1 ) ZyJiati kivz,r Cc4vtf ( " Owner" ) , hereby gives permission to the Treasure Coast Regional Planning Council <br /> ( "TCRPC" ) and its employees , agents , representatives and its contractors ( and their subcontractors ) to enter the <br /> Owner' s property ( "the property" ) located at 5LC,8(D S f reej The Owner represents and <br /> warrants that the Owner owns 100 % of the fee simple title to the property . It is agreed that <br /> one of TCRPC ' s <br /> contractors is an engineering firm . <br /> 2 ) This permission is contemplated to be used for the TCRPC ' s Brownfields site assessment , cleanup <br /> and/or <br /> remediation and to include the following activities , which may be performed by the TCRPC , its <br /> employees , <br /> agents , representatives and its contractors ( and their subcontractors ) to evaluate , cleanup and/or remediate <br /> environmental conditions that may be present at the property and including but not limited to the following : <br /> a ) To access all areas of the property including areas where environmental contamination may exist ; <br /> b ) To conduct interviews , photographs , site sketches and air monitoring ; <br /> c ) To collect , remove , modify any waste , contaminants , soil , surface water , sediment , groundwater and any other <br /> materials or substances for the purpose of sampling , cleanup and/or remediation of the property , as deemed <br /> necessary , including , but not limited to , the installation of groundwater monitoring wells ; <br /> d ) To use on the property such equipment , including but not limited to vehicles , backhoes and drill rigs , as <br />is <br /> deemed necessary to perform any of the above activities ; and <br /> e ) To take such other actions as to the property as are in furtherance of the Interlocal Subgrant Agreement <br /> between Owner and TCRPC . <br /> 3 ) The granting of this permission by the Owner is not intended , nor should it be construed , <br /> as an admission of <br /> liability on the part of the Owner or the Owner' s successors and assigns for any possible groundwater , sediment , <br /> air or soil contamination detected in the samples . <br /> 4 ) The TCRPC , its employees , agents , representatives and its contractors ( and their subcontractors ) may enter the <br /> property during normal business hours and may also make special arrangements to enter the property at other <br /> times after Owner has given written consent to do so . <br /> 5 ) This permission shall remain effective and shall continue until such time as the Owner delivers to Treasure Coast <br /> Regional Planning Council written notice of revocation , which revocation , shall become effective 10 days <br /> after <br /> delivery to TCRPC . Notwithstanding the foregoing , this Agreement shall in any event terminate 2 years from the <br /> date it has been executed by TCRPC . <br /> 6 ) This instrument shall be construed and enforced in accordance with the laws of the State of Florida and shall <br /> be <br /> binding upon and inure to the benefit of the parties hereto , their successors and assigns . If any term or provision <br /> of this instrument shall be deemed by a court of competent jurisdiction to be invalid or <br /> unenforceable , the <br /> remaining provisions shall remain in full force and effect . This instrument contains the entire agreement between <br /> the parties and supersedes all prior and contemporaneous agreements . This instrument may be modified only by <br /> an instrument in writing signed by the party to be charged with the modification . Nothing <br /> contained in this <br /> instrument shall be deemed to make the parties partners or engaged in a joint venture with one another <br />. This <br /> instrument may be signed in more than one counterpart , in which case each counterpart shall <br /> constitute an <br /> original of this instrument . An executed facsimile or emailed copy of this Agreement shall be considered for <br /> all <br /> purposes an original . <br /> 00 <br /> 0 a 6"o <br /> 12 / 06 / 11 �'�i : '•• his <br /> Witness Owner Date : <br /> Gary Zeler , Chairman <br /> ': is : • 4 ; <br /> Witness Owner Date : <br /> Accepted by th reasure Coast Regi al Planning Council : <br /> wrtn E ecu ive Dire Date : <br />
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