Fort Walton Beach Council agenda — 06-26-12 regular — reading text

recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. Page 5 of 14 Fl Walton Beach B5RA Miracle Strip Parkway  gr! m luawaw6y uogel!!!geyaa p! a!tumoag : OSSI) ms 6emixied durS apenW SZ - VJJSa leu! j :1uaw43eUV o- A a City of Fort Walton Beach Brownfield Site Rehabilitation Agreement °- Brownfield Site ID # BF661101001 um a The names, addresses, and contact numbers for all advisory committee members are included as Attachment G. 9. INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10. LIABILITY PROTECTION The liability protection provided under § 376. 82, F. S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 11. TERMINATION If the PRFBSR fails to comply with this BSRA, the Department shall notify the PRFBSR and allow 90 days for the PRFBSR to return to compliance with the provision at issue or to negotiate a modification to the BSRA with the Department for good cause shown. If an imminent hazard exists the 90 -day grace period shall not apply. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, the Department shall terminate this BSRA. The PRFBSR may terminate this BSRA at any time upon written notice to the Department. Termination of this BSRA by either party will revoke the immunity provision of 376. 82, F. S. 12. IMMINENT HAZARD Nothing herein shall be construed to limit the authority of the Department to undertake any action in response to, or to recover the costs of responding to, conditions at or from the real property described in Attachment A that require the Department to take action to abate an imminent hazard to the public health, welfare or the environment. Page 6 of 14 Ft Walton Beach BSRA Miracle Strip Parkway  41! M luaw3816y 13011epligegay plal; wMOJg : 0990 MS AeMAJed dillS eltieiiW SZ- VUS8 leuld : luawgoelly a City of Fort Walton Beach a Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 x aum 13. RELEASE OF LIABILITY Upon successful completion of this BSRA as evidenced by the issuance of a Site Rehabilitation Completion Order ( SRCO) for each contaminated site originating from the real property described in Attachment A, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for site rehabilitation as described in paragraph 3. a. of this BSRA to the Department and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site( s). This release of liability is subject to the reopener provisions of §376.82( 3), F. S. 14. GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any applicable local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Okaloosa County, Florida. 15. SUBMITTALS The PRFBSR shall submit two hard ( paper) copies or one hard copy and one electronic ( digital) copy of any certifications or documentation required in Paragraph 6 ( " Site Contractor ") above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: Alex Webster, PG Brownfields Program Coordinator Florida Department of Environmental Protection Northwest District Office 160 West Government Street, Suite 308 Pensacola, Florida 32502 -5794 The Department encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 8 of the Instructions and attached as Attachment H. Time frames for the Department' s review of technical Page 7 of 14 Fl Walton Beach BSRA Miracle Strip Parkway gtlm luawaajBV uogel!I! geqaa plal; umoig : OSBN MS QemVed dl 0s - aloei1W SZ - Vase leuld : luawgoerry m City of Fort Walton Beach a n Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 x um reports and plans and submittal of documents by the PRFBSR shall be governed by the attached schedule ( see Attachment B), incorporated herein. After final Department approval of each report or plan, an electronic copy shall be submitted to the Department within 30 days. The electronic copy of the report shall be submitted on Compact Disc ( CD) for archiving purposes in the format listed in Attachment H. 16. DOCUMENT REVIEW During the site rehabilitation process, if the Department fails to complete the review of a technical document within the time frame specified in this BSRA, with the exceptions of " no further action proposals," " monitoring only proposals," and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. However, the PRFBSR does so at its own risk and may be required by the Department to complete additional work on a previous task. 17. ASSIGNMENT The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of the Department and the local government with jurisdiction over the real property described in Attachment A. However, the Department shall not withhold its consent to such an assignment if: a) the proposed assignee meets all of the eligibility criteria under § 376. 82, F. S.; b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and ( c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. 18. WAIVER By entering into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by § 120. 569 and § 120. 57, F. S., or an appeal afforded by the terms of § 120. 68, F. S. This BSRA does not deny the PRFBSR a right to challenge the Department' s actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. Page 6 of 14 Ft Walton Beach BSRA Miracle Strip Parkway  411 % luawaaiBV uoilelllice4aN plagumoig : O99L) MS Rem4Jed duls apejlIN SZ- 0I Se leuld guaw4oe11V o 0 City of Fort Walton Beach Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF661101001 a w xuaw 19. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA ( Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is fled under § §120. 569 and 120.57, F.S., within 21 days after the date of receipt of notice of agency action. Upon the timely filing of such petition, this BSRA will not be effective until further order of the Department. The liability protection for the PRFBSR pursuant to § 376. 82( 2), F. S., becomes effective upon execution of the brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. Persons other than the PRFBSR who are affected by this BSRA have the following options: a) If you choose to accept the Department' s decision regarding this BSRA, you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. b) If you choose to challenge the Department's decision, you may do the following: i) File a request for an extension of time to file a petition for hearing with the Agency Clerk of the Department in the Office of the