HomeMy WebLinkAbout2011-245 BROWNFIELDS SITE ACCESS AGREEMENT
Execution of this form is a requirement for assistance through the Brownfields 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 .
1 ) ZyJiati kivz,r Cc4vtf ( " Owner" ) , 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 5LC,8(D S f reej 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 use on 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 ) To 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 .
00
0 a 6"o
12 / 06 / 11 �'�i : '•• his
Witness Owner Date :
Gary Zeler , Chairman
': is : • 4 ;
Witness Owner Date :
Accepted by th reasure Coast Regi al Planning Council :
wrtn E ecu ive Dire Date :