DEP/ Petroleum Restoration Program @ Public Works 500 NW 11th Ave f
.oF•OKFFC CITY OF OKEECHOBEE Okeechobee City Council
zw yo�m Mayor Dowling R. Watford, Jr.
m 55 SE THIRD AVENUE Wes Abney
_= o OKEECHOBEE, FL 34974 Noel Chandler
Phone: (863)763-3372 Monica Clark
5* www.cityofokeechobee.com Gary Ritter
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November 5, 2018 M co -�
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Northstar Contracting Group
DEP-DWM Administrative ServicesXP
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508-A Capital Circle SE
Tallahassee, FL 32301 ED= '
ATTN: Alan Sakole
3
RE: City of Okeechobee — Public Works Department
FDEP Facility ID# 478630290
Petroleum Restoration Program
Site Access Agreement
Mr. Sakole:
Please find enclosed two (2) original agreements pertaining to the above-referenced
project, executed by the City's authorized agent, Mayor Dowling R. Watford, Jr.
After full execution of the agreement, please return one original agreement for our
records.
Thank you for your consideration in this matter.
Sincerely,
6 oh,�
Robin Brock
Executive Assistant
Enclosures
• s 1
P ;JTEC1!13P1
A Petroleum Restoration Program 18 NOV `9 AM 9' 16
d, SITE ACCESS AGREEMENT
°yam.•,,,.a`+` RESTORATION PROGRAM
1. The Parties. The undersigned real property owner, City of Okeechobee ("Owner"),hereby give(s)
permission to the State of Florida,Department of Environmental Protection(FDEP)("Department")and it's
Contractor, subcontractors, and vendors("Contractor"),to enter the Owner's property ("the Property") 500
NW I V'Ave,Okeechobee, Florida 34972 with FDEP Facility ID#478630290.
The Property. Owner owns the certain parcel(s)3-16-37-35-0160-00200-0010 of real property located at
500 NW I Ith Ave, Okeechobee,Okeechobee County, Florida(the "Property"), depicted on the
attached legal description as Exhibit"A."
2. Permissible Activities. This Site Access Agreement("Agreement") is limited to activities
which may be performed by the Department or its Contractors pursuant to Chapter 62-780,
Florida Administrative Code (F.A.C.), without cost to the Owner(unless required in a separate
agreement or is statutorily required for FPLRIP or ATRP programs)to locate contamination,
determine contamination levels and,when necessary, remove and remediate contamination which
may be performed by the Department and its Contractor. This access is provided only for the
contamination either eligible for a state-funded cleanup or is being investigated pursuant to a
consent order with the Department. If the contamination is eligible for state funding, nothing
herein is intended to modify the requirements and limitations of the eligibility program or order._
The following activities are included in this Agreement but are not limited to this list:
• conduct soil, surface, subsurface, and groundwater investigations, including
but not limited to entry by a drill rig vehicle and/or support vehicles;
• install and remove groundwater monitoring wells;
• use geophysical equipment;
• use an auger for collecting soil and sediment samples;
• locate existing wells;
• collect waste, soil, and water samples;
• remove,treat and/or dispose of contaminated soils and water;
• remove contaminated soil by digging with backhoes, large diameter augers
and similar equipment;
• install, operate, and remove remedial equipment;
• install and remove utility connections;
• trenching for connection of remediation wells to equipment;and
• conduct surveys,prepare site sketches, and take photographs.
3. Duration and Termination of Access. This Agreement is granted,without any fee or charge
to the Department or Contractor, for so long as is necessary to assess, remove, monitor and
remediate the contamination on the Property. Access shall be allowed for the Department
(including its employees and contracted site managers with Teams 5 and 6 or local government, if
applicable)immediately upon the execution of this Agreement. However, access for a Contractor can
be contingent upon the Owner timely entering into a separate site access agreement with the Contractor
(if the Owner wants a separate agreement with the Contractor please check the appropriate box at the
end of this document). Such agreement with a Contractor is not binding upon the Department.This
Agreement shall continue until the Department's entry of a site rehabilitation completion order
pursuant to Rule 62-780.680, Florida Administrative Code, or low-scored site initiative no further
PRPSiteAccessAgreement 040118 Facility ID#478630290 Page 1 of 5
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action order pursuant to Section 376.3071(12)(b), Florida Statutes("Order").At which time the Owner
shall be provided a copy of the Order and this Agreement shall be automatically terminated.
4. Work Performed during Business Hours. The Department and Contractor may enter the
Property during normal business hours and may also make arrangements to enter the Property at
other times after agreement from the Owner.
5. Environmental Infrastructure and Well Permits. The owner authorizes the Department and the
Contractor to act as its authorized representative in signing all required forms and documents
necessary for obtaining applicable permits related to environmental infrastructure improvements
including well construction, repair, maintenance, modification, and abandonment pursuant to
Chapter 373 F.S.
6. Activities Comply with Applicable Laws. The Department and Contractor agree that any and
all work performed on the Property and in association with this Agreement shall be done in a
good, safe, workmanlike manner, and in accordance with applicable federal and state statutes,
rules and regulations.
7. Proper Disposal of Contaminated Media. The Department and Contractor shall ensure that
soil cuttings, any work materials, and water generated shall be disposed of in accordance with
Environmental Laws. All soil cuttings,waste materials and development water generated shall
be promptly removed from the Property.
8. Property Restoration. The Department shall pay the reasonable costs of restoring the Property
as nearly as practicable to the conditions which existed before activities associated with
contamination assessment or remedial action were taken.
9. Owner's Non-Interference. The Owner shall not interfere with the Department or
Contractor when performing the Permissible Activities. Owner shall not damage any
equipment including wells, piping, and remediation system that may be located on the
Property. Owner shall notify the Department 90 days prior to commencement of any
construction, demolition or other work on the Property that may damage or destroy any part
of the equipment installed under this Agreement. If the Department anticipates that the
remediation equipment will not be used for over one calendar year,the Owner can request
removal of the remediation equipment if it is interfering with the operation of the business or
with planned construction activities.
10. Non-revocable. If Property is the source of the discharge that is eligible for State funded
remediation pursuant to Chapter 376, Florida Statutes, access to the Property is required and
Owner may not revoke this Agreement with the Department until the appropriate site
rehabilitation completion order is issued under Chapter 62-780.680 or a low- scored site
initiative order issued pursuant to Section 376.3071(12)(b), Florida Statutes, is final.
11. No Admission. The granting of this Agreement by the Owner is not intended, nor should
it be construed, as an admission of liability on the part of the Owner for any contamination
discovered on the Property.
12. Owner's Use of Property. The Owner retains the right to use the Property, and the
Department and its Contractors will work with the Owner regarding minimizing activities that
may interfere with the Owner's management and use of the Property. However,neither the
PRPSiteAccessAgreement 040118 Facility ID#478630290 Page 2 of 5
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Department nor the Contractor are responsible for any inconvenience, economic injury, or
business damage that Owner may suffer due to the performance of any Permissible Activity. This
agreement does not modify any legal right the parties may have regarding negligent acts.
13. Owner's Release of Claim. If Owner selected a qualified contractor(not an agency term
contractor), the Owner hereby releases the Department from any and all claims against the
Department performed by the Owner's selected contractor arising from or by virtue of,the
Permissible Activities.
14. Injury to Department. The Owner shall not be liable for any injury, damage or loss on the
Property suffered by the Department, Department employees or Contractors not caused by the
negligence or intentional acts of the Owner's agents or employees.
15. Indemnification. The Department does not indemnify the Owner, see paragraph 16. The
Contractor has indemnified the Department. However, if the Owner chooses to enter into a
separate access agreement with the Contractor,the Contractor is not prohibited from
indemnifying Owner as long as such indemnification does not conflict with the Contractor's
indemnification of the Department. Where no conflicts exist, any subsequent indemnification by
the Contractor to any party associated with the Permissible Activities is subservient and
subordinate to the Contractor's indemnification of the Department.
16. Sovereign Immunity. The Department acknowledges and accepts its responsibility under
applicable law(Section 768.28, Florida Statutes) for damages caused by the acts of its employees
while on the Property.
17. Public Records. All documents created or received associated with the Permissible
activities are a public record pursuant to Chapter 119, Florida Statutes. The Owner may retrieve
any documents or other information related to the Permissible Activities online using the
facility number reference above._
http://depedms.dep.state.fl.us/Oculus/servlet/login?action=login
18. Entire Agreement. This Agreement shall constitute the entire agreement between the
Department and the Owner regarding this grant of access to the Department as stated herein.No
modification, amendment or waiver of the terms and conditions of this Agreement shall be
binding upon Department unless approved in writing by an authorized representative of Owner
and Department.
19. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action or proceeding arising
from or relating to this Agreement shall be in the appropriate Florida court having jurisdiction
located in Leon County,Florida.
20. Severability. Any provision of this Agreement that is prohibited or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof.
21. No Third Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto
and their respective successors and assigns and shall not be deemed to confer upon third parties
any remedy, claim, liability, or reimbursement, claim of action or otherright.
PRPSiteAccessAgreement 040118 Facility ID#478630290 Page 3 of 5
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A. Are additional requirements attached to this agreement?Note:Additional requirements must
be on a separate page titled Exhibit B and include the facility ID#,owner signature and date on the page.
0 YES NO
B. Do you wish to participate or provide input with respect to rehabilitation of this
facility?
*YES ONO
C. Do you wish to exercise the option to reject one Contractor prior to assignment of
work?
0 YES ONO
D. Do you want the Contractor to contact you to obtain a separate site access
agreement?Note:Additional site access agreements must be completed between the owner and
Contractor within ninety(90)calendar days.
0 YES ONO
22. Well Permits. The Owner authorizes the Department and its Contractor to act as its agent in
signing all required forms and documents necessary for obtaining applicable permits related to
well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373,
Florida Statutes.
PRPSiteAccessAgreement 040118 Facility ID#478630290 Page 4 of 5
eig ature of each Pr caner Signature of Witness
Dowling R. Watford, Jr., Mayor r,i8 Robin Brock
Print Name Date Print Name
City of Okeechobee Date
55 SE 3rd Avenue, Okeechobee, FL 34974
Property Owner Mailing Address
863-763-3372
Property Owner Telephone or Cell Phone Number
dwatford@cityofol<eechobee.com
Property Owner E-mail Address
Accepted by the State of Florida Department of Environmental Protection:
Austin Hof aster nat re of Witness
Program Administrator
Petroleum Restoration Program
Date' Print Name bate
Attachments:Exhibit A-Legal description of the Property. FDEP
Coordinates (Degrees Minutes Seconds)for Facility ID#:478630290
Latitude 271) 14' 54.6171"
Longitude 80' 50' 32.1860"
PRPSiteAccessAgreement 040118 Facility ID#478630290
Page 5 of 5
Exhibit A
Legal Description:NORTHWEST ADDITION TO OKEECHOBEE(PLAT BOOK 1 PAGE 25)
LOTS 1 TO 20 INC BLOCK 20
Facility ID#478630290
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Memorandum
To:
FROM:
SUB]ECT:
DATE:
FLORIDA DEPARTMENT OF
Enuironmental Protection
Bob Martinez Center
26DD Commonweafth Boulevard
Tallahassee, Florida 32399-2400
Tim J. Bahr, P.G.
Acting Director, Division of Waste Management
Rick Scott
Grnernor
Carlos LoperCantera
Lt. Governor
��oah Vaienstein
Secretary
Austin Hofineister A U S l I C� H Of IY� C I S le r Digitally signed by Austin Hofineister
Date: 207 8.11.09 08:11:29 -OS'00'
Program Administrat�r, Petr�l.eum Restorati�n Program
Delegation of Authority
November 9, 2018
I, Austin Hofineister, hereby delegate the authority to carry out the duties and
responsibilities appropriate to the Petroleum Restoration Program as detailed below:
Delegate Delegation Delegation
Begin End
Matthew Ingham 11 / 09/ 2018 11 / 09/ 2018
This delegation is needed while I travel to Escambia County to meet with our Local
Program Office.
ALH/ JB
Ecc Tim Bahr
Kenneth Busen
Susan Fields
Natasha Lampkin
Matthew Ingham
Monica Brady