HomeMy WebLinkAbout2013-237A �� aa/ t3
BROWNFIELDS SITE ACCESS AGREEMENT 1 L • 3 •
;to ( 30 � 37 �
Execution of this form is a requirement for assistance through the Brownfiefds Site Assessment, Cleanup
and
Remediation program . For one dollar and other good and valuable consideration the receipt and sufficiency
of
which is acknowledged by the undersigned , the undersigned agree as follows.
Indian River County
COW
1 ) ner") , hereby gives permission to the Treasure Coast Regional Planning Council
("TCRPC") and its employees, agents, representatives and its contractors and their subcontractors) to enter the
Owner's property ("the property") located at _ �e attacK d ten ( o) parce s* The Owner represents
and
warrants that the Owner owns 100 % of the fee simple title :to the property. It is agreed that one
of TCRPC 's
contractors is an engineering firm .
2) This permission is contemplated to be used for the TCRPC's Brownfields site assessment, cleanup and/or
remediation and to include the following activities, which may be performed by the TCRPC , its
employees ,
agents, representatives and its contractors (and their subcontractors) to evaluate , cleanup and/or remediate
environmental conditions that may be present at the property and including but not limited to the following :
a) To access all areas of the property including areas where environmental contamination may exist;
b) To conduct interviews , photographs, site sketches and air monitoring ;
c) To collect, remove , modify any waste , contaminants, soil , surface water, sediment, groundwater and any other
materials or substances for the purpose of sampling , cleanup and/or remediation of the property , as deemed
necessary , including , but not limited to , the installation of groundwater monitoring wells ;
d) To uselon the property such equipment, including but not limited to vehicles , backhoes and drill rigs , as is
deemed necessary to perform any of the above activities ; and
e) 7o take such other actions as to the property as are in furtherance of the Interlocal Subgrant Agreement
between Owner and TCRPC .
3) The granting of this permission by the Owner is not intended , nor should it be construed , as an
admission of
liability on the part of the Owner or the Owner's successors and assigns for any possible groundwater, sediment,
air or soil contamination detected in the samples.
4) The TCRPC, its employees , agents, representatives and its contractors (and their subcontractors) may enter the
property during normal business hours and may also make special arrangements to enter the property at other
times after Owner has given written consent to do so.
5) This permission shall remain effective and shall continue until such time as the Owner delivers to Treasure Coast
Regional Planning Council written notice of revocation , which revocation , shall become effective 10 days after
delivery to TCRPC . Notwithstanding the foregoing , this Agreement shall in any event terminate 2 years from the
date it has been executed by TCRPC .
6) This instrument shall be construed and enforced in accordance. with the laws of the State of Florida and shall be
binding upon and inure to the benefit of the parties hereto , their successors and assigns . If any term or provision
of this instrument shall be deemed by a court of competent jurisdiction to be invalid or
unenforceable , the
remaining provisions shall remain in full force and effect. This instrument contains the entire agreement between
the parties and supersedes all prior and contemporaneous agreements. This instrument may be modified only by
an instrument in writing signed by the party to be charged with the modification . Nothing
contained in this
instrument shall be deemed to make the parties partners or engaged in a joint venture with one another.
This
instrument may be signed in more than one counterpart, in which case each counterpart shall constitute
an
original of this instrument. An executed facsimile or emailed copy of this Agreement shall be considered for
all
purposes an original .
•••1M1S
ATTEST : Jeffrey R . Smith , CI G��:.• ••.S!ti BOARD OF COUNTY COMMISSIONERS ,
of Court and Com '•; ,y+ DIAN RIVER COUNTY ( " Owner" )
By :
bLs`pui�y Clerk s, Peter D . O ' Bryan , Chairman
PROVED �Rh�RCO��'' Approved by BCC : December 3 , 2013 .
waw•`•'
unty AtImInistrator
Accepted by the Treasure Coast Regional Planning Council :
2013 PARCEL SUMMARY FOR
FORMER GIFFORD ROAD LANDFILL
Owners Indian River County, Florida
Parcel ID Facility Descriptions
32392800001009000007 . 0 41st Street, Vero Beach , FL 32960 9 . 28 $ 2461850 .00
32392800001009000007 . 1 41st Street, Vero Beach , FL 32960 0 .72 $ 19, 150.00
32392800001010000001 . 1 470141st Street, Vero Beach , FL 32967 4. 77 $ 1301250. 00
32392800001010000002 . 1 41st Street, Vero Beach, FL 32960 4. 77 $ 1311020 . 00
32392800001010000001 . 0 41st Street, Vero Beach , FL 32960 5 .A0 $ 1331000. 00
32392800001010000002 . 0 41st Street, Vero Beach , FL 32960 5 . 00 $ 1331000 . 00
32392800001010000003 . 0 480141st Street, Vero Beach , FL 32967 10 . 81 $ 2871550 . 00
32392800001010000004 . 0 490141st Street, Vero Beach , FL 32967 7 . 50 $ 199, 500. 00
32392800001011000001 . 0 5025 41st Street, Vero Beach, FL 32967 2 . 50 $ 661500 . 00
32392800001011000001 . 1 J41st Street, Vero Beach , FL 32960 5 . 00 $ 133 ,000. 00
Total 5535 1 00