HomeMy WebLinkAboutDEP Addl ParcelFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
TO ENTER PROPERTY
1. The undersigned real property owner, the City of Sebastian, ("undersigned"), hereby gives
permission to the State of Florida, Department of Environmental Protection ("Department") and its
agents and contractors to enter the undersigned's property ("the property") Land Parcels
31390600020009000023, 31390600020009000011, and 31390600020009000007 located at 710
Harrison Street, Sebastian, Florida
2. This permission is specifically limited to the following activities which may be performed by the
Department, its agents or contractors: Collection of soil, groundwater (including the installation of
wells), surface water and sediment samples for the assessment of the nature and extent of
contamination; removal, and treatment of contamination on subject property; installation of
treatment systems (as necessary); and monitoring of contamination until completion of remediation.
The Department, its agents and contractors further agree to coordinate any well drilling, treatment
system installation, and installation of any monitoring systems with the City manager of the City of
Sebastian, and that any activities by the Department, its agents and contractors that may block any, or
hinder public vehicular access to the property shall be limited to one (1) 24-hour period, which shall
occur on a date that is mutually agreeable to the parties. After the aforementioned 24-hour period,
the Department, its agents and contractors agree to restore the property to a condition so that it
remains usable for its customary purpose, including but not limited to covering wells and sample
points so that parking spaces may be used by the public. The department, its agents and contractors
agree that wells and other sampling and collection points shall not be installed in the normal
driveways, or pathways, for vehicular and pedestrian traffic, and will be limited to a single parking
space, or grassy areas. If removal and treatment of any contamination on the subject property is
needed and access beyond a few wells or sampling points is required, the parties agree that the City
of Sebastian may rescind this permission and/or negotiate additional terms of access.
3. Upon completion of the investigation, the Department, its agents or contractors will restore the
property as nearly as practicable to its condition immediately prior to the commencement of such
activities.
4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an
admission of liability on the part of the undersigned or the undersigned's successors and assigns for
any contamination discovered on the property.
5. The Department, its agents or contractors may enter the property during normal business hours and
may also make arrangements to enter the property at other times after agreement from the
undersigned.
6. The undersigned shall not be liable for any injury, damage or loss on the property suffered by the
Department, its agents or employees, unless caused by the negligence or intentional acts of the
undersigned or its agents or employees.
7. The Department acknowledges and accepts its responsibility under applicable law (Section 768.28,
Florida Statutes) for damages caused by the acts of its employees acting within the scope of their
employment while on the property.
Permission to Enter - Land Parcels 31390600020009000023, 31390600020009000011, and
31390600020009000007 located at 710 Harrison Street, Sebastian, Florida
Site Name Address — 720 Harrison Street, Sebastian, Florida
FAC ID# - ERIC 4805
8. The undersigned authorizes the Department to act as their agent in signing all required forms and
supporting documentation necessary for the purpose of obtaining applicable permits related to well
construction, repair, modification, and abandonment. The Department accepts responsibility under
Chapter 373, Florida Statutes, to maintain or properly abandon monitor wells installed pursuant to
this agreement.
9. Monitoring wells and remedial equipment installed pursuant to this agreement are the property of the
Department. The undersigned is responsible for notifying the Department prior to commencing any
activities, such as but not limited to, site redevelopment and resurfacing of parking areas that may
damage or restrict access to Department property. In order to secure and protect the Department's
property from damage, the Department requests notification within thirty (30) calendar days prior to
any activities that may damage or destroy monitoring wells/equipment. Once notified, the
Department and/or its agent will coordinate with the undersigned in an effort to secure and protect
the wells/remedial equipment.
10. The Department, its agents and contractors, agree and understand that the subject property is public
land that is accessible to and used by the public. The Department understands that the undersigned
does not, and will not, limit parking access to the property, and agree to minimize its impact to this
public purpose.
ATTEST:
� ette Williams; MMC
ity Clerk=
(SEAL) _
Approved a`s to Form and Content for
Reliance by the .City (if Q)astian Only
James. Stokes
Citf Attorney
CITY O BAS
G
ul Carlisle
City Manager
Accepted by the State of Florida Department of Environmental Protection by the following authorized agent:
Signature of Department Representative
Signature of Witness
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