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HomeMy WebLinkAboutItem #11 Permission to Enter Property Agreement with the Florida Department of Environmental Protection for Sampling a Monitoring Well (District 1- Commissioner John Grogan)WS % OCOPP florida AGENDA ITEM COVER SHEET Meeting Date: May 19, 2015 Item # j Reviewed By: Contact Name: David A. Wheeler, P.E. Department Director: Contact Number: 407 - 905 - 3100, ext. 9 -1504 City Manager: Subject: Permission to Enter Property Agreement with the Fl da bepartment of Environmental Protection for Sampling a Monitoring Well (District 1 — Commissioner John Grogan) Background Summary: The Right Way Food & Gas Store is located at 1399 N. Lakewood Avenue. This commercial business is owned by Panita Foods, Inc. The convenience store was formerly a Circle K Store, owned by the Conoco Phillips Company ( #7046). The fuel storage tanks were discovered to be leaking in 1998 and were replaced shortly there afterwards. Fuel dispensing facilities are permitted through Orange County Environmental Protection Department and the Florida Department of Environmental Protection (FDEP). The replacement of the tanks, the soil remediation, and the on -going monitoring are all through FDEP. The leak and subsequent soil remediation were determined to be on a small scale and kept on site. However the monitoring wells are placed both on -site and in an outer perimeter to monitor the ground water. There were a number of monitoring wells in the property across the street from the convenience store that became the Lakewood Manor subdivision. These wells were removed prior to the construction of the development. In 2012, FDEP's subconsultant contacted the City about placing a monitoring well within the road right -of -way Johnson Manor Street, between the curb and sidewalk. Johnson Manor Street is a short road stubbed to the south in the Lakewood Manor subdivision. The installation of that well was allowed by staff under the Right -of- Way Utilization permitting process. Another monitoring well was installed on the Mask property to the south of Lakewood Manor. The Permission to Enter Property Agreement is a requirement of FDEP. FDEP realizes that the well is located in property that is dedicated to the benefit of the public and is therefore accessible as a public road. There are also monitoring wells located in Lakewood Avenue and Orange County is being required to execute a similar Agreement. FDEP's subconsultant will be collecting samples at these over the next few years to see if the leak has been contained and remediated. City legal staff has reviewed the Agreement and did not recommend any changes. Issue: Should the City execute the Permission to Enter Property Agreement with the Florida Department of Environmental Protection? Recommendations The Engineering Department recommends that the City Commission approve the Permission to Enter Property Agreement and authorize the Mayor and City Clerk to execute the Permission to Enter Property Agreement. Attachments: Permission to Enter Property Agreement Financial Impact: There is no financial impact to the City in executing the Permission to Enter Property Agreement and allowing FDEP to sample the monitoring well. Type of Item: (please mark with an 'Y) Public Hearing For Cleric's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by Q N/A 2 PERMISSION TO ENTER PROPERTY 1. The Parties The undersigned real property owner, the City of Ocoee, ( "Owner "), hereby give(s) permission to the State of Florida, Department of Environmental Protection ( "Department ") and it's Agency Term Contractor, subcontractors, and vendors ( "Contractor "), to enter the Owner's property ( "the Property") located in the Right-of-Way west of the residence located at 145 Clinger Cove Road, Ocoee, Florida for monitoring site restoration of former Circle K 47046, FDEP Facility ID #488513383. 2. The Property Owner owns the Right -of -Way located west of Parcel 07-22-28- 4944 -00- 120 (LAKEWOOD MANOR 72 /100 LOT 12) at 145 Clinger Cove Rd., Ocoee, Florida 34761 (the "Property "), depicted on the attached legal description as Exhibit "A." 3. Permissible Activities This Permission to Enter Property ( "Permission ") is limited to activities which may be performed by the Department or its Contractors, without cost to the Owner to locate contamination, determine contamination levels and, when necessary remove and remediate contamination which may be performed by the Department and its Contractor. The following activities are included in this Permission but are not limited to this list: • locate existing well; • collect water samples (approximately 45 minutes per event); • remove, treat and/or dispose of contaminated water; and • conduct surveys, prepare site sketches, and take photographs. 4. Duration and Termination of Access This Permission 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 upon the execution of this Agreement. This Permission 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 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 Permission shall be automatically terminated. 5. 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. 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 Permission 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 Page 1 of 4 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 only pay the reasonable costs of restoring the Property as nearly as practicable to the conditions which existed prior to activities associated with contamination assessment or remedial action. 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 Permission. Excessive interference by the Owner or its agents with the performance of any Permissible Activity may result in the Department revoking eligibility for State funded remediation under Chapter 376, Florida Statutes. 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 Permission until the appropriate site rehabilitation completion order issued under Chapter 62- 780.680 or a low- scored site initiative order issued pursuant to Section 376.307(12)(b), Florida Statutes, is final. 11. No Admission 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 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 mi nimizin g activities that may interfere with the Owner's management and use of the Property. However, neither the 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. 13. Owner's Release of Claim If Owner selected the Contractor, the Owner hereby releases the Department from any and all claims against the Department performed by the Owner's selected Agency Term Contractor arising from or by virtue of, the Permissible Activities. 14. In 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 already indemnified the Department. The Contractor should not enter into any agreement that conflicts with its 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. Page 2 of 4 16. Non - waiver of Sovereign linmunity 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 Permission shall constitute the entire agreement between the Department and the Owner regarding this grant of access to Department for the purposes herein. No modification, amendment or waiver of the terms and conditions of this Permission shall be binding upon Department unless approved in writing by an authorized representative of Owner and Department 19. Governing Law and Venue This Permission 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 Permission shall be in the appropriate Florida court having jurisdiction located in Leon County, Florida. 20. Severability Any provision of this Permission 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 Permission 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 other right. Page 3 of 4 APPROVED: ATTEST: Beth Eikenberry, City Clerk Date (SEAL) FOR USE AND RELIANCE ONLY BY CITY TIIE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY 20_, on this day of 1 20_. SHUFFIELD, LOWMAN & WILSON P.A. Scott Cookson, City Attorney CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Date APPROVED BY THE OCOEE COMMISSION AT A MEETING HELD UNDER AGENDA ITEM NO Accepted by the State of Florida Department of Environmental Protection: Diane D. Pickett, P.G. Program Administrator Petroleum Restoration Program Date Signature of Witness Print Name Attachments: Exhibit A- Legal description of the Property. Date Page 4 of 4 EXHIBIT A Parcel Search - Rick Singh, CFA - Orange County Property Appraiser Home Search Feedback Page 1 of 1 Like 7.7k p Searches Q Sales Search Prope Record Card * My Favorites Sign up for e- Notify... 145 Clinger Cove Rd <07 22-28-4944-00 120 N.—(,) Phy—I 5!roM AMrrvh Long Tamelia C 145 Clinger Cove Rd Mailing Address Oil File Pu.W Gty and Zip.& Po Box 819 Ocoee, A 34761 Ocoee, FL 34761 -0819 Fw -nyuhe In- MmkN gym' 0102 - Single Fam Class B M,xiaparCy IMAGE UPLOAD Ocoee Values, Exemptions and Taxes Property Features Sales Analysis Location Info Market Stets T Update Information Property Description View Put LAKEWOOD MANOR 721100 LOT 12 Total Land Area 10,108 sgft ( * / -) 1 0.23 acres ( + / -) GIS Calculated Notice Land (includes working values) Land Use Code Zoning Land Units Unit Price Land Value Class Unit Price Class Value 0100 - Sings: Family PUD LD 1 LOT(S) 514,500.00 $14,5DD $0.00 $14,500 Page 1 of 1(1 total records) Buildings (includes working values) Important information Structure Model Code: Type Code. 01 - Single Fam Residence Actual Year Built 2009 Gross Area: 0102 - Single Fam Class U Beds: 3 Living Am: 2140 scift 1396 sgft Building Value: $96,018 Baths: 2.0 Exterior Walk Concrete Block Stucco Estimated New Cost $99,500 Floors: 1 Interior Wall: Drywall Page 1 of 1(1 total records) Extra Features (includes working values) Description Date Built Units XFOB Value There are no extra features associated with this parcel This Data Printed on 05/11/2015 and System Data Last Refreshed on 05/10/2015 Site Notice • About Us • Contact Us • OCPAFL Hone • Property Search • Exemption FRAUD Hotline Orange County Property Appraiser • 20D S. Orange Avenue, Suite 1700.Orlando, FL 32801 Office Hours 8:00 a.m. to 590 p.m. Monday - Friday • Phone: 407.836.5044 Copyright O 2010 Orange County Properly Appraiser. All rights reserved. http: / /www.ocpafl.org/ Searches/ ParcelSearcii.aspx/PID/282207494400120 5/11/2015 r Poway Plant' 'I � Institutionali Governmental] ' ` f �d 2.r InstitutionallMisc : ,.I.:....... ' C om merciall Industrial Vacant ' h Land Hydro Waste Land: I Agricultural Curtllage, County Boundary i Parks I .t " r Golf Course i .. . 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Knn» ale �h nN e n�M < m,� n<..e r•<i .i < r » « e �nu rc • N��ve e <'9' c _ LINO T. c�M, - to ds rx« - I A. r ..W�<.iM t»'0• J1]!0 aeitiNi �. �< CITY OF OCOEE RIGHT OF WAY UTILIZATION PERMIT APPLICATION SUBMIT TYPEWRITTEN OR PRINTED WITH THREE SETS OF PLANS See conditions on reverse of this permit For assistance, contact the City En&cnr Section I APPLICANT INFORMATION APPLICANT'S NAME E l� _I:' t qit, j� y J�j olC�. FIRM/UTILITY NAME ADDRESS �aCf ts` f PHONE NUMBER Ext. -t CONTACT a' , j', – ! — , Ext. Section II PROJECT INFORMATION ; ;� fa;rt� "•�, t��.( 11 `. � CONSTRUCTIONANSTALLATION LOCATION 4t_ r' A - t STREET NAMES) DESCRIPTION OF PROPOSED CONSTRUCTION if, -7� SCHEDULED START DATE ENGINEER'S ESTIMATE/CONTRACT TOTAL PRI E RELATIVE TO PROJECT S COPY OF BOTH SIDES OF PERMIT MUST BE ON SITE AT ALL TIMES REGARDLESS OF WHO IS PERFORMING THE WORK. Section III LOCATION OF EXISTING UTILITIES (All existing utilities /facilities must be located prior to construction) I CERTIFY THAT ALL OTHER RIGHT OF WAY USERS IN THE IMMEDIATE VICINITY OF THE PROPOSED CONSTRUCTION /INSTALLATION, HAVE BEEN NOTIFIED IN WRITING ON -.3 i2y, OF THE PROPOSED WORK, BY THE APPLICANT, IN ORDER TO DETERMINE IF THERE ARE ANY OBJECTIONS TO THE PROPOSED CONSTRUCTION/INSTALLATION, INCLUDING THE FRANCHISED GAS COMPANY, WHOSE NAME AND GAS I.D. NUMBER IS FURNISHED HEREWITH. GAS K, I °c I.D. NOTE: THE CITY ENGINEER MUST BE CONTACTED A MINIMUM OF 24 HOURS AND A MAXIMUM OF 48 HOURS PRIOR TO ANY CONSTRUCTION, AND AGAIN WITHIN 48 HOURS OF COMPLETION. CALL 407- 905 -3100 EXT. 1505. <�,5 Section IV ENGINEER/CONTRACTOR AND /OR OWNER/AUTHORIZED AGENT SIGNATURES VWE REPRESENT THAT THE ABOVE STATEMENTS AND THE INFORMATION, STATEMENTS AND REPRESENTATIONS ON MATERIALS SUBMITTED HEREWITH IS TRUE. UWE ARE PROVIDING THESE MATTERS TO INDUCE THE CITY OF OCOEE TO ISSUE A RIGHT OF WAY UTILIZATION PERMIT. ENGINEER/CONTRACTOR: SIGNATURE: OWNER/AUTHORIZED AGENT: SIGNATURE: (Printed) TITLE: DATE: SECTION IV OFFICE USE ONLY APPROVED. 0 APPROVED WITH SPECIEX CONDITIONS DENIED 0 I i= a- �c (s:: t ` �` r "' • "`' `. - - fit ' ATTACHMENTS YES 0 NO ❑ PERMIT NO. _ i . 13. RECEIPTNO. APPROVAL DATE: ~> S /� TION DATE: 6�d /- APPLICATION APPROVED BY: TITLE: INSPECTION RECORD CONSTRUCTION COMMENCEMENT DATE: CONSTRUCTION COMPLETION DATE: PERMIT EXPIRED 0 COMMENTS: INSPECTOR: White - Project File Yellow - Finance Pink - Inspection Gold - Applicant ❑ IMPORTANT: SEE INSTRUCTIONS AND CONDITIONS ON REVERSE OF THIS FORM ❑ (Printed) TITLE: DATE: _ /_/ + � o T r T r ui T c� f n Y T $ r r; 1986 *• o il I i s 0 w i a O IAKENOOD VENUE •.. —•— i! ' u PROJECT NO.: � +� cenkr ro � CIRCLE K STORE #7046 EXPANDED SITE PLAN WITH OFFSITE 05.IM4.8007 CvvvAZC 17111 �* MONITORING WELL LOCATIONS SCALE: 1 � vex Associates Inc. 1399 LAKEWOOD AVENUE DATE: 05-8"g Ce UUcete of A%thorlseUon /7783 OCOEE, FLORIDA F[GURE NO.: i DRAWN BY: S.A.Y. CHECKED BY: K.D.G.