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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 Packet Page-882- 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- '91.Y91. E 1,OZ/01./Z 1, 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: 1 -588- abed la)Ped �...:` 91. EI.OZ/OL/Z 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. 2 C,q -988- a;ied 4a)oed '91:V.91. £L 0Z/0 L/Z L 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 lr `. 0----) ..�, , -tom BY. ,.-�--- fitness signature) (Signature) C. 1 J�� / r Loren L. Lazear r`"'! J (Print T. is) `\ (Print Name) - ' It's Americas Asset Mgmt. Mgr. & t ,. (Witness sign ure - Agent&Attorney-in-Fact f (Print Corporate Title) (Print Name) 3 0 -L88- aged la red 'SL"Nor 9L CLOZ/OL/ZL 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 7 Assistant County Attorney 4 C-888-abed la)ped tip./ '9 6 Y91. £LOZ/01./Z 1. N / 0 .:.i_ ; ; E ' �' COMMERCIAL PROPERTIES SW. INC. S OR 3695, PG 411 o So 1 FOLIO NO. 34520001908 GRAPHIC SCALE "* 1' • 100' r LELY RESORT PHASE 1, PB 16, PG 67 43.1 TRACT 16 ^� / ?Sa,� SUNTRUST BANK OR 4384, PG 446 ti� ry •.�,r ?38 FOLK) N0. 55425004005 eb � 1Fr \ oasllNC rtw -e- 4411411;;:1144'' OF S.E. 16 4 115FEE f 64,261 SF ,1v , , • MAR INVESTMENTS, LLC IF (PARCEL 2) A OR (PARCEL 117, PG 1702 '"s) �' Y ~ OR 4117, 0110 NQ. 0072468000 x G ?' PG 1702 �q r' FOLIO N0. I 34520003003 ?p, (/ 4 1.3 41 "--, r' P$ • PLATBOOK ,„, NfP! LIE - tITLITI EASEMENT `V LEE a LANDSCAPE BUFFER EASEMENT C.R. - COUNTY ROAD POO POINT OF BEGINNING ,..NO. NUMBER SR .. STATE ROAD '�.. AKA.• ALSO KNOWN AS 'N ^.� 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. .r EXHIBIT 'J TECH ROW Page / ,of. L......-- JUN 1 g 2012 .. 4444,/ k 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. fir..&Nov IO IM is UO..\o.00.'A000 U 41•0116∎.J Wawa.~own.*MM 0115∎IIIrMfe[Am/N '-7ww.\State*Md onwWW&.t-a lb+I INELMFBlq PROJECT: 11.5.41/ .951/S.R.951 toroa C.8 SKE1 CH AND LEGAL DESCRIPTION Milikiar aaie�,4y u*p.11 PARCEL II5PEE: RIGHT—OF—WAY MHO Mow Park newi.aawzoO helm_Aoki mat PREPARED POE: CDIJIER COUNTY GOVEENMINT/BOARD OF COUNTY COMMISSIONERS prow 145216®14276 FAX:WA)617.06/11 \aw..:3262 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