Agenda 07/28/2009 Item #16B 4Agenda Item No. 1684
July 28, 2009
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Right of Entry to allow Speedway SuperAmerica, LLC to
complete an environmental site assessment. (Fiscal Impact: 0)
OBJECTIVE: To approve a Right of Entry onto County owned property to allow Speedway
SuperAmerica, LLC to complete an environmental site assessment.
CONSIDERATIONS: The subject property located at 3280 Tamiami Trail was a former gas station
known as "Speedway ". On October 11, 2005, the Collier County Board of County Commissioners
approved Resolution No. 2005 -346 requesting that the Florida Department of Transportation Quit
Claim the subject property to Collier County to be used for a Public Purpose. The Quit Claim Deed
was recorded on December 1, 2005 in OR Book 3939, Page 463.
When this site was an active gas station, a discharge occurred on July 16, 1987. According to the
2003 Florida Statutes Title XXVI Chapter 337 [337.27 (4)] and the Florida Department of
Environmental Protection Storage Tank Compliance Monitoring database, Speedway SuperAmerica,
LLC ( SSALLC) is still the responsible party for the cleanup and closure at this site. Therefore,
SSALLC is requesting a Right of Entry onto the subject property in order to complete an
environmental site assessment, remediate the site, if necessary, and complete the site closure field
activities.
The County Attorney's office has advised that they see minimal liability in allowing SSALLC to
access the site, assess, remediate and close as necessary.
FISCAL IMPACT: There is no fiscal impact associated with this recommendation.
LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, is not quasi-judicial
and as such, ex -parte disclosure is not required. This item requires only a majority vote. RNZ
GROWTH MANAGEMENT IMPACT: There is no Cirowth Management Impact associated with
this Executive Summary.
RECONEWENDATION: That the Board of County Commissioners of Collier County, Florida:
1. Approve and authorize its Chairman to execute the attached Right of Entry; and
2. Authorize delivery of Right of Entry to SSALLC by the County Manager or his designee.
Prepared By. Debbie Armstrong, Assistant Right- of-Way Manager, TECM
Attachment: Right of Entry
Page l of 2
Agenda Item No, 16134
July 28, 2009
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 1684
Item Summary: Recommendation to approve a Right of Entry to allow Speedway SuperAmerica, LLC to
complete an environmental site assessment.
Meeting Date: 7/28/2009 9.00:00 AM
Prepared By
Debbie Armstrong
Property Acquisition Specialist
Date
Transportation Services
TECM -ROW
6/24/2009 10:10:41 AM
Approved By
Lisa Taylor
Management /Budget Analyst
Date
Transportation Services
Transportation Administration
71112009 10:09 AM
Approved By
Robert N. Zachary
Assistant County Attorney
Date
County Attorney
County Attorney Office
717/2009 3:57 PM
Approved By
Therese Stanley
Grants Coordinator
Date
Transportation
Transportation Administration
7/8/2009 12:50 PM
^' Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/8/2009 2:47 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
7/8/2009 5:45 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
7/912009 10:31 AM
Construction Management
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
7/9/2009 10:40 AM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
719/2009 11:25 AM
Approved By
Mark lsackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/912009 12:57 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
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Page 2 of 2
Agenda Item No. 1684
July 28, 2009
Page 3 of 6
Commissioners County Manager's Office 7/13/2009 5:59 PM
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Agenda Item No. 1684
July 28, 2009
Page 4 of 6
RIGHT OF ENIRY
KNOW ALL MEN BY THESE PRESENIS that COLLIER COUNTY, a political subdivision of the State of Florida,
whose mailing address is: 3301 East Iamiami Irail, Naples, FL 34112, (hereinafter singularly or collectively referred to as
"Grantor "), for and in consideration of Ten Dollars ($10 00) and other valuable consideration to it in hand paid, does hereby grant unto
SPEEDWAY SUPERAIb1ERICA, LLC, the responsible party, its agents, contractors or assigns, whose mailing address is 500
Speedway Drive, Enon, Ohio 45323, (hereinafter known as "Grantee "), the temporary license and right to enter upon the lands of the
Grantor, more particularly described on Exhibit "A," during the duration necessary to complete all field and/or construction activities
related to the environmental assessment, remediation and site closure activities on the property formerly known as Ecol Service
Station No 49819 / Ecol #819 / Former Speedway #9819, located at 3280 Tamiami trail, Naples, FL 33962 with a portion of the
former property currently known as Peters Avenue or an extension thereof, for the express purpose of:
Conduct thelnitial Site Assessment (soil and groundwater) field activities including the installation of monitor wells to evaluate the
level of contamination that may still remain in the former UST /dispenser areas since the completion of the road widening project. The
remediation necessar }; for site cleanup and closure will depend on the analytical results of the soil and groundwater samples Such
field activities, together with the right to enter upon said property and excavate, remove, fill store, deposit, and/or stockpile materials
as needed shall be required to conduct the assessment, remediation and site closure activities
The rights and interest granted hereunder are conditioned upon the reasonable exercise thereof by Grantee Grantee agrees not to
unreasonably interfere with Grantor's use of the lands described in Exhibit "A"
Grantee shall not unreasonably interfere with ingress and egress to Grantor's lands during the period of site assessment, cleanup and
closure.
Grantee's right of entry onto Grantor's Iands is contingent upon no other provisions, conditions, or premises other than those so stated
above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, of covenants
not contained herein
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name this day of
, 20_, and does hereby affirm that the individual executing same has the authority to act on behalf of the
Grantor, and does intend that the Grantee rely on such authority
Witnesses:
(Signature)
(Print Full Name)
(Signature)
(Print Full Name)
Witnesses:
Signature
[ r
(Print Full )Name)
(
Board of County Commissioners
Collier County, Florida
By: Donna Fiala, Chairman
AT=
DWIGHT B. $ROCK, CLM
BY:
B . Mitchell Oliver, Manager Corporate Environmental
edway SuperAmetica LLC
APPROVED AS TO LEGAL, FORM AND SUFFENCIANCY;
�"rt Teac , eputy County Attorney
Agenda Item No. 1684
July 28, 2009
Page 5 of 6
EXHIBIT A
Those portions of Lots 1, 2 and 3, and all of a acated alley in
Block A of Eastgate subdivision, as per plat th sof recorded in
Plat Book 1, page 56, Public Records of Collier County, Florida;
all being in Section 11, Township 50 South, Rang* 25 East,
Collier County; Florida, and being described as follows:
BEGIN at the northeast corner of said Lot 3; thence along the
east lines of said Lot 3 and alley, South 00016155" East a
distance of 97.61 feet to the southeast corner of said alley;
thence along the south line of said alley, South'891804107" West a
distance of 138.69 feet to the southwest corner 4f said alley;
thence along the west lines of said alley and Lot 1, North
00414113" West a distance of 16.67 feet; thence Vorth 37.59111"
East a distance of 138.66 feet; thence South 824$8139" East a
distance of 23.32 feet to the northerly line of said Lot 3;
thence along said northerly line, South 52.00'49" East a distance
of 37.77 feet to the POINT OF BEGINNING.
Containing 12,155 square fje-t;;-
+SOIL BORINGS
(APPROXIMATE
LOCATION BASED ON
A MORE ACCURATE
SCALE)
t. fl
Gatar Engineering Aquifer Restoration, Inc.
1173 Spring Cent'a South slud_' Suite C
Aftamonle Spring n, FL 32714.1976
Fn: 497 - 682.2009 - Fx: 407 - 682 -1400
*ALL LOCATIONS ARE APPROXIMATE
BASED ON HISTORICAL INFORMATION
'ROPOSAL BORING LOCATIONS cm
FORMER SPEEDWAY #9819
3280 TAMIAMI TRAIL Dab 6/1 /09
NAPLES, FLORIDA ""'"w
FDEP ID No. 118518213