Agenda 12/10/2013 Item #16A15 12/10/2013 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve an Agreement providing ExxonMobil Oil Corporation access
to perform environmental investigations and remediation activities. Fiscal Impact: $44
(Project: 60116)
OBJECTIVE: To provide ExxonMobil Oil Corporation ("Exxon") access to property acquired
by Collier County ("Parcel 115FEE") as part of the US-41/Collier Blvd Intersection
Improvement Project #60116 should it be determined that environmental investigations and/or
remediation activities are needed on said property.
CONSIDERATIONS: Parcel 115FEE (the "Property") was at one time owned by Exxon and
used as an automobile service station for the storage, sale, transfer, and distribution of motor
vehicle fuel, petroleum products or derivatives containing hydrocarbons ("hazardous products").
Because of Exxon's remediation obligations, it reserved unto itself the right of access to the
Property when it conveyed the property to MAR Investments, LLC via Special Warranty Deed
recorded October 5, 2006 in Official Records 4117, Page 1702, Public Records of Collier
County. This right of access will allow Exxon to conduct investigative and remedial operations
should it be found that any hazardous products have been spilled, leaked or otherwise discharged
onto or into the Property causing contamination to the soil or groundwater on or under the
Property.
Recognizing the need to preserve Exxon's right of entry onto the Property for the purposes of
investigation and remediation operations in a manner that avoids interference with the County's
project, the accompanying Site Access Agreement was drafted to memorialize the terms and
conditions under which staff recommends granting access to Exxon.
FISCAL IMPACT: Funds in the amount of $44.00 are available in the Transportation US-
41/Collier Blvd Intersection Improvement Project #60116 for recording the Site Access
Agreement. Source of funds is Road Impact Fees or Gas Tax. There is no incremental
maintenance cost associated with this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this recommendation.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires a majority vote for approval. -ERP
RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida:
1) Approve the attached Site Access Agreement and authorize its chairwoman to
execute same on behalf of the Board; and
2) Authorize the County Manager or his designee, to record said Agreement in the
public records of Collier County, Florida, and to take those measures to ensure the
County's performance in accordance with the terms of the Agreement.
Prepared By: Kevin Hendricks, TECM, Right-of-Way Acquisition Manager
Attachment: 1) Site Access Agreement
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12/10/2013 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve an Agreement providing ExxonMobil Oil
Corporation access to perform environmental investigations and remediation activities. Fiscal
Impact: $44 (Project: 60116)
Meeting Date: 12/10/2013
Prepared By
Name: FarrisDeborah
Title:VALUE MISSING
11/1/2013 2:23:57 PM
Submitted by
Title:VALUE MISSING
Name: FarrisDeborah
11/1/2013 2:23:59 PM
Approved By
Name: PutaansuuGary
Title: Project Manager,Principal,Transportation Engineer
Date: 11/3/2013 9:09:14 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 11/4/2013 1:12:04 PM
Name: HendricksKevin
Title: Manager-Right of Way,Transportation Engineering
Date: 11/4/2013 2:25:39 PM
Name: MessainMarlene
Title: Project Manager, Senior,Transportation Engineering
Date: 11/4/2013 4:57:23 PM
Packet Page-883-
12/10/2013 16.A.15.
Name: KearnsAllison
Date: 11/12/2013 11:24:14 AM
Name: TaylorLisa
Title: Management/Budget Analyst,Transportation Administr
Date: 11/13/2013 9:59:05 AM
Name: ShueGene
Date: 11/14/2013 1:37:32 PM
Name: AhmadJay
Title: Director-Transportation Engineering,Transportation Engineering&Construction Management
Date: 11/15/2013 1:39:00 PM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 11/18/2013 8:46:42 AM
Name: PepinEmily
Title:Assistant County Attorney, CAO Litigation
Date: 11/25/2013 3:55:58 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/26/2013 2:28:58 PM
Name: UsherSusan
Title:Management/Budget Analyst, Senior,Office of Manage
Date: 11/26/2013 3:42:37 PM
Name: OchsLeo
Title: County Manager
Date: 11/27/2013 1 1:09:09 AM
Packet Page-884-
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SITE ACCESS AGREEMENT
This Access Agreement("Agreement"), entered into for good and valual ;onsideration,
is effective the_day of , 2013 by and between COLLIER COI: Y, a political
subdivision of the State of Florida (hereinafter referred to as "Grantor"), and : KONMOBIL
OIL CORPORATION (hereinafter referred to as "ExxonMobil"). This Agre :nt authorizes
ExxonMobil, its affiliates, and its environmental consultants (one or men c independent
contractors hired by ExxonMobil, together with their subcontractors) collectively "Grantee" to
enter the property described in Exhibit"A"(attached hereto and made a part hereof, hereinafter
referred to as the "Property"), to perform environmental investigations and other remediation
activities on the conditions listed below:
1. Notice and Time of Action., During any construction,maintenance or other use of the
Property, if Grantor encounters contamination in soils, groundwater or other environmental
media that requires management or disposal, Grantor will promptly notify ExxonMobil, and
ExxonMobil will be solely responsible for the cost and expense of managing such contamination,
unless such cost or expense is the result of contamination deposited, created or aggravated by
Grantor. If necessary to such construction, maintenance, or other uses to proceed in a timely
manner,Grantor may perform such management within sixty(60)days of Grantor's request.
2. Scope of Work The work that is the subject of this Agreement is described as follows
(collectively referred to as the"Work"):
Grantee will:
• Undertake corrective action, including but not limited to, removal of
contaminated soil, as necessary to comply with applicable law and as required by
governmental authorities
• install flush mounted groundwater monitoring well(s)as shown in the attached
site map;
• periodically gauge,monitor,survey or sample the groundwater monitoring wells;
• take soil borings which as shown on the attached site map;
• dispose of all samples off-site in accordance with applicable law;
• conduct any and all other activities required by governmental authorities and
applicable law;and
• after the completion of the Work as determined by governmental authorities,plug
and abandon well(s) in compliance with all applicable laws and remove any
equipment brought onto the Property in connection with the Work.
3. Notification of Planned Work Grantor will be notified at least twenty-four(24) hours
in advance of the Work planned on the Property. Grantor will be notified via facsimile or
telephone at:
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Name: Kevin Hendricks
Facsimile: KEHendricks @Colliergov.net
Phone Number: (239)252-5844
4. Grantor's Access or Use Grantee in exercising the rights granted he lder shall not
unreasonably interfere with the Grantor's access to or use of the Property.
5. Rights and Privileges The rights and privileges granted by this instrument shall cease
upon completion of the Work as determined by the governmental authorities, and completion of
all restoration work as identified in Article 8 below.
6. Work Performance The Work shall be performed in a workmanlike manner.
7. Assignability Grantor shall not transfer or assign Grantor's rights or obligations under
this Agreement without prior written notice to ExxonMobil.
8. Property Restoration Grantee shall take reasonable precautions to minimize damage
to the Property from the Work. ExxonMobil will restore the Property, including Grantor's
personal property damaged by the Work,to as close to its condition existing at the time the Work
began as is reasonably possible.
9. Release ExxonMobil shall release and hold Grantor harmless for loss of or damage to
property and equipment, including monitoring wells, of Grantee while such property or
equipment is in or on the Property, except where such loss of or damage to property and
equipment results from Grantor's negligence or willful misconduct.
10. Beneficiaries This Agreement is binding upon and inures to the benefit of Grantor and
Grantee and their respective heirs, executors, administrators, personal representatives,
successors, transferees, lessees and assigns. Grantor agrees that any future lease, sublease,
conveyance or the like to a third-party will specifically recognize the existence of this
Agreement. Grantor will require future tenants to comply with the terms of this Agreement.
Grantor shall provide prior written notice to Exxonlvlobil of any conveyance.
11. Entire Agreement This Agreement constitutes the parties' entire agreement on this
subject. There are no written or oral representations or understandings that are not fully
expressed in this Agreement. No change, waiver, or discharge is valid unless in writing and
signed by the party against whom it is sought to be enforced.
12. Statement of Agreement This Agreement is not and shall not be construed as an
admission of any issue of fact or law or as an admission or adjudication of any liability and shall
not be admissible in any suit or proceeding except a suit or proceeding to enforce the terms
contained herein.
13. Ownership Grantor represents and agrees that the only party having present ownership
interest in or control of the Property is Grantor,and that no other person or entity has any present
legal or equitable title to or any leasehold interest in such Property. To the best of Grantor's
knowledge there are no known claims against the Property or liens which would interfere with
ExxonMobil's work.
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14. Rule of Construction Grantor and ExxonMobil acknowledge that th .greement has
been negotiated at arm's-length and, therefore, agree that any rule of construe a of contracts
resolving any ambiguities against the drafting party is waived and shall be in licable to this
document.
15. Enforceability If any part of this Agreement is for any rea found to be
unenforceable,all other portions nevertheless remain enforceable.
16. Waiver The waiver of any breach of any term or condition of this Agreement does not
waive any other breach of that term or condition or of any other term or condition.
17. Governing Law This Agreement is governed by and will be construed — and its
performance enforced—under Florida law,without regard for its choice of law principles.
18. Signatories This Agreement may be executed in one or more counterparts and by
facsimile signatures, each of which shall be deemed an original agreement, but all of which
together shall constitute one and the same instrument.
19. Agreement Execution Authority, Each person executing this Agreement represents
that the party on whose behalf the person is executing this Agreement has duly authorized the
execution of this Agreement and that such person is authorized to execute the Agreement on
behalf of such party.
IN WITNESS HEREOF,the parties hereto are authorized and have executed this Agreement on
the day and year first written below.
AS TO GRANTEE: EXXONMOBIL OIL CORPORATION
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fitness signature) (Signature)
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(Print T. is) `\ (Print Name)
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(Witness sign ure - Agent&Attorney-in-Fact
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AS TO GRANTOR.:
DATED:
ATTEST: BOARD OF COUNTY COML_SIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk GEORGIA A.HILLER,Esq.,Chairwoman
Approved as to form and legali
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Assistant County Attorney
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POO POINT OF BEGINNING
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LEGAL DESCRIPTION — PARCEL 115FEE FEE SIMPLE
INTEREST
A PARCEL OF LAND LYING IN SECTION 3. TOWNSHIP 51 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT 16, LELY RESORT PHASE 1, AS RECORDED IN PLAT BOOK 164 PAGE
87. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE N35'42'25"E FOR 269.79 FEET ALONG THE EASTERLY BOUNDARY OF SAID TRACT 16;
THENCE $5432.56"E FOR 239.50 FEET ALONG THE SOUTHWESTERLY BOUNDARY OF THE PARCEL DESCRIBED IN OFFICIAL
RECORDS BOOK 3695, PAGE 411 OF THE PUBUC RECORDS OF COWER COUNTY, FLORIDA, TO A POINT ON THE
EASTERLY BOUNDARY OF TRACT 3F. AS SHOWN ON THE PLAT OF FREEDOM SQUARE. RECORDED IN PLAT BOOK 22. PAGE
56 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA;
THENCE S35'41'39'W FOR 237.74 FEET;
THENCE S7670'O6'W FOR 43.41 FEET;
THENCE N54'20'28"W FOR 211.28 FEET ALONG THE NORTHERLY RIGHT—OF—WAY UNE OF U.S. 41, TO THE POINT OF
BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 64,261 SQUARE FEET OR 1.48 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF
RECORD.
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MICHAEL A. WARD PROFESSIONAL LAND SURVEYOR L.S/ 5301 DATt SIGNED
NOT VALID WITHOUT THE ORIGINAL SIGNATURE & RAISED EMBOSSED SEAL OF A FLORIDA REGISTERED PROFESSIONAL
SURVEYOR AND MAPPER. THIS IS NOT A SURVEY.
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PROJECT: 11.5.41/ .951/S.R.951 toroa C.8 SKE1 CH AND LEGAL DESCRIPTION Milikiar
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PREPARED POE: CDIJIER COUNTY GOVEENMINT/BOARD OF COUNTY COMMISSIONERS prow 145216®14276 FAX:WA)617.06/11
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JOB NUMBER REW.SIDN SECTION TOWNSHIP I RANGE SCALE DATE DRAWN BY FILENAME SHEET
090081.00.00 �t1 3 511SS��2a 6E 1" .• 100' 3/13/12 R.A.K. SK0_115FEE 1 OF 1 0