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13.0 PURCHASE AND LEASE AGREEMENTS FOR MARK'S MOBIL <br />FOR THE STATE ROAD 60/43 AVENUE INTERSECTION <br />IMPROVEMENT <br />Deputy County Attorney William DeBraal reminded the Board of prior actions on <br />this matter, including the unanimous approval by the Board on September 16, 2008, to enter into <br />Purchase and Lease Agreements for Mark's Mobil to facilitate the State Road 60/43 rd Avenue <br />intersection improvements. He thereafter recommended approval of the Purchase Agreement <br />with Marks Mobil and authorization for execution of said Agreement. <br />Commissioner O'Bryan expressed concern regarding possible contamination of <br />the site, and who would be responsible for the clean-up. He saw the need for assignment of <br />responsibility, and asked that such provisions be incorporated in the Contract prior to closing, <br />making it clear where liability rests. <br />Attorney DeBraal responding to Commissioner O'Bryan's concerns, said the <br />Department of Environment Protection (DEP) would consider this a low risk site because there <br />was no need for potable water from the site. He disclosed that the site has qualified for <br />remediation help from the State, and if it is required, we would have to apply for it. He felt safe <br />that there were two sources (Mark's Mobil and the State) of funds available if clean-up becomes <br />necessary and would not recommend that money be held in escrow for possible clean-up. <br />Commissioner O'Bryan reiterated the need for a site assessment and assignment <br />of responsibility for cleaning up the site, prior to closing on the agreement. <br />Mickey Barkett, Esquire, Barkett Law Firm, 201 East Pine Street, Orlando, <br />understood from Mr. Vogt of the Health Department that there was very little risk to the County <br />to pay for contamination for a number of reasons, on which she did not elaborate. She reminded <br />November 4, 2008 35 <br />