24-3431 Authorizing Execution of Permission to Enter Property for FDEP and its Contractors

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PERMISSION TO ENTER PROPERTY- NON -SOURCE 1. The Parties. The undersigned real property owner, City of Casselberry ("Owner"), hereby give(s) permission to the State of Florida, Department of Environmental Protection ("Department") and its Contractor, subcontractors, and vendors ("Contractor"), to enter the Owner's property ("the Property") (see next paragraph). 2. The Property. Owner owns the certain parcel(s) # 21-21-30-501-0200-0040 of real property located at 92 Wilshire Drive, Casselberry, Florida, and rights -of -ways within 0.5 mile of 92 Wilshire Drive (the "Property".) 3. The Source: The suspected source of the contamination is located at 591 SR 436, Casselberry, FL 32707 (First Class Cleaners), parcel number # 20-21-30-300-0A1G-0000, and DEP Facility ID # ERIC_5489. 4. Pennissible Activities. This Permission to Enter Property ("Permission") is limited to activities which may be performed by the Department or its Contractors pursuant to Chapter 62-780 or 62-730, Florida Administrative Code, 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. Specifically, to collect soil, groundwater Oncluding the installation and/or abandonment of wells), surface water, and sediment samples and monitoring ofcontamination until completion of remediation. 5. Duration and Termination of Access. This .Pennission is granted, without any fee or charge to the Department or Contractors, for so long as is necessary to assess, monitor, and remediate the contamination on the Property. Access shall be allowed for the Department and its Contractors immediately upon the execution of this Permission. This Permission shall continue until the Department's entry of a site rehabilitation completion order pursuant to Rule 62-780.680, F.A.C. and the Department approves a Well Abandonment Report indicating all monitoring wells located at the Property are properly abandoned, or the Department executes a Well Transfer Agreement to transfer ownership and responsibility of the monitoring wells. The Owner shall be provided a copy of the Order and this Permission automatically terminates upon Department approval of the final Well Abandonment .Report or Department execution of a Well Transfer Agreement, whichever occurs first. 6. 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. 7. No Admission. The granting of this Pennission 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. 8. 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. The Department and Contractor agree not to block the rights of way without prior permission from the City. 9. 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. 10. Environmental Infrastructure. The monitoring wells installed pursuant to this agreement are the property of the Department. Please contact the Contactor or the Department if you have any concerns or there are any problems.