2007-005 Treasure Coast Brownfields SubgrantRESOLUTION 2007-OS
_ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE AN APPLICATION FORA $105,430.00
CLEANUP SUB-GRANT FROM THE TREASURE COAST BROWNFIELDS
REVOLVING LOAN FUND PROGRAM AND TO TAKE ALL STEPS
NECESSARY TO EFFECTUATE A GRANT AWARD TO ASSIST IN THE
DECOMMISSIONING OF THE WASTEWATER TREATMENT PLANT AT
ANCHORAGE PARK; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of North Palm Beach desires to apply for a Cleanup Subgrant from the
Treasure Coast Brownfields Revolving Loan Fund Program relating to the decommissioning of the
wastewater treatment plan at Anchorage Park.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The Village Council hereby authorizes the Mayor and Village Clerk to execute an
application fora $105,430.00 cleanup subgrant from the Treasure Coast Brownfields Revolving
Loan Fund Program for Anchorage Park and to take all steps necessary to effectuate the grant
award, including, but not limited to, executing an appropriate grant agreement.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 11th DAY OF JANUARY, 2007.
(Village Seal)
ATTEST:
VILLAGE CLERK
MEMORANDUM
TO: Melissa Teal, Village Clerk
FROM: Leonard G. Rubin, Village Attorney
RE: TCRPC Brownfield Cleanup Program Grant Agreement
DATE: May 24, 2007
At its January 25t" meeting, the Village Council approved an application for asub-grant
from TCRPC for brownfield cleanup at Anchorage Park and authorized the Mayor and
Village Clerk to execute a grant agreement.
While the Village did execute the Sub-Grant Agreement on March 12, 2007, I was
contacted by Greg Vaday at TCRPC because EPA required certain minor modifications
to the Agreement. These changes in now way impact the substance of the Agreement
and relate only to terminology. The word "grant" in the body of the document was
changed to "subgrant" and the word "borrowers" was deleted from the phrase
"borrowers or subgrant recipients." However, as a result of these minor changes,
TCRPC is requesting that the Town executed a revised Sub-Grant Agreement.
Please have the Mayor execute the attached Agreements, attest his signature, and
forward both originals to:
Greg Vaday, AICP
Economic Development Coordinator
Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, Florida 34994
Please let me know if you have any questions. Thank you for your assistance.
TREASURE. COAST REGIONAL PLANNING COUNCIL
TREASURE COAST BROWNFIELD CLEANUP PROGRAM
(SUB) GRANT AGREEMENT
THIS AGREEMENT is made and entered into on this day of May 2007,
by and between Village of North Palm Beach with an address at 501 U.S.
Highway One, North Palm Beach, FL 33408 (hereinafter referred to as
"Grantee"), and ("Grantor") Treasure Coast Regional Planning Council
(TCRPC), a Regional Planning Council organized pursuant to Chapter 186,
Florida Statutes.
WITNESSETH:
WHEREAS, Treasure Coast Regional Planning Council ("Grantor") is the
recipient of Environmental Protection Agency (EPA) Brownfields Revolving
Loan Fund (RLF) Cleanup Grant Funds ("Grant Funds") and authorized to
make certain subgrants from these funds; and
WHEREAS, RLF Grant Funds are to be used to undertake cleanup of
Brownfields sites by making low interest loans and subgrants to parties
willing to undertake cleanup of these sites; and
WHEREAS, the Grantee is the owner of certain real properly-located at 603_________
Anchorage Drive, North Palm Beach, FL ("the Property"), which property is
more particularly described in Exhibit 1, attached hereto; and
WHEREAS, the Grantor has agreed to subgrant to Grantee a certain amount
of the Grant Funds which will be used by the Grantee for a portion of the
remediation of the Property (the "Remediation Work"); and
WHEREAS, the Property is not listed, or proposed for listing on the National
Priorities List of the U.S. Environmental Protection Agency ("EPA"); and
WHEREAS, the Grantee is not a generator or transporter of any
contamination located at the Property; and
WHEREAS, the Grantee is not and has never been subject to any penalties
resulting from environmental non-compliance at or on the Property nor is the
Grantee, or, to the best of its knowledge, its Project contractors or
subcontractors currently suspended, debarred, or otherwise declared
ineligible for participation in this federal program or from the receipt of these
funds; and
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WHEREAS, a claim has not been asserted against the Grantee for liability
under CERCLA § 107.
NOW, THEREFORE, in consideration of the covenants and promises
contained herein, it is mutually agreed by and between the parties as follows:
1. Grantor agrees to subgrant to Grantee the sum of $100,000 to be used by
the Grantee for the Remediation Work (the "Project Subgrant Funds") subject
to the terms and conditions herein.
2. Grantee shall carry out the Remediation Work in accordance with the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA) 104(k); Uniform Administrative Requirements for Grants and
Cooperative Agreements to States and Local Governments (40 C.F.R. Part
31); and all other applicable provisions of federal, state or local law.
3. Grantee shall carry out the Remediation Work in accordance with the
Davis-Bacon Act of 1931 (CERCLA 104(g)(1), 40 U.S.C. 276a-276a-5 and 42
U.S.C. 3222). CERCLA compliance with Davis Bacon requires payment of
Federal prevailing wage rates for construction, repair or alteration work
funded in whole or in part with subgrant Funds. The Grantee must obtain
recent and applicable wage rates from the U.S. Department of Labor and
incorporate them into the remediation construction contract.
4. Grantee shall abide by the following special terms and conditions:
a. subgrant recipients shall use funds only for eligible activities
and in compliance with the requirements of CERCLA 104(k) and
applicable Federal and State laws and regulations.
b. Subgrant recipients shall ensure that the cleanup protects
human health and the environment.
c. Subgrant recipients shall document how funds are used by
maintaining separate records for costs incurred at the cleanup
site(s). ,
d. Subgrant recipients shall maintain records for a minimum of
three years following completion of the cleanup financed all or in
part with RLF funds. Borrowers or subgrant recipients shall
obtain written approval from the Grantor prior to disposing of
records. The Grantee is required to provide access to records
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relating to loans and subgrants supported with RLF funds to
authorized representatives of the Federal government.
e. Subgrant recipients shall certify that they are. not currently, nor
have they been, subject to any penalties resulting from
environmental non-compliance at the site subject to the loan.
£ Subgrant recipients shall certify that they are not potentially
liable under § 107 of CERCLA for the site or that, if they are,
they qualify for a limitation or defense to liability under
CERCLA. If asserting a limitation or defense to liability, the
borrower or subgrant recipient must state the basis for that
assertion. When using grant funds for petroleum-contaminated
brownfields sites, borrowers or subgrant recipients shall certify
that they are not a viable responsible party for the petroleum
contamination at the site.
g. Subgrant recipients shall conduct cleanup activities as required
by the Grantor.
h. Subgrant recipients shall comply with applicable EPA
assistance regulations (40 CFR Part 31 for governmental
entities or 40 CFR Part 30 for nonprofit organizations). All
procurements conducted with subgrant funds must comply with
40 CFR Part 31.36 or 40 CFR Part 30.40-30.48, as applicable.
5. Subgrant funds shall not be used by the Grantee for any of the following
activities:
a. Pre-cleanup environmental activities such as planning, inventory, site
assessment, identification, and characterization.
b. Monitoring and data collection necessary to apply for, or comply with,
environmental permits under other Federal and State laws, unless
such a permit is required as a component of the brownfields cleanup.
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Development activities that are not brownfields cleanup activities (e.g.,
construction of a new facility or marketing of a property).
d. Job training unrelated to performing a specific cleanup at a site
covered by a loan or subgrant.
e. To pay for a penalty or fine.
£ To pay a federal cost share requirement (for example, acost-share
required by another Federal grant) unless there is specific statutory
authority.
g. To pay for a response cost at a brownfields site for which the recipient
of the subgrant or loan is potentially liable under CERCLA §107.
h. To pay a cost of compliance with any federal law, excluding the cost of
compliance with laws applicable to the cleanup.
Unallowable costs (e.g., lobbying and fund raising) under applicable
OMB Circulars.
6. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement.
Prohibited administrative costs include all indirect costs under applicable OMB Circulars
incurred by the Cooperative Agreement Recipient (TCRPC) and subgrantees.
Ineligible administrative costs include costs incurred in the form of salaries,
benefits, contractual costs, supplies, and data processing charges, incurred to
comply with most provisions of the Uniform Administrative Requirements for
Grants contained in 40 CFR Part 30 or 40 CFR part 31. Direct costs for grant and
subgrant administration, with the exception of costs specifically identified as
eligible programmatic costs, are ineligible even if the grantee or subgrant
recipient is required to carry out the activity under the grant agreement. Costs
incurred to report quarterly performance to EPA under the subgrant are eligible.
b. Ineligible grant or subgrant administration costs include:
(1) Preparation of applications for Brownfields grants and subgrants;
(2) Record retention required under 40 CFR 30.53 and 40 CFR 31.42;
(3) Record-keeping associated with supplies and equipment purchases required under
40 CFR 30.33, 30.34, and 30.35 and 40 CFR 31.32 and 31.33;
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(4) Preparing revisions and changes in the budgets, scopes of work, program plans
and other activities required under 40 CFR 30.25 and 40 CFR 31.30;
(5) Maintaining and operating financial management systems required under 40 CFR
30 and 40 CFR 31;
(6) Preparing payment requests and handling payments under 40 CFR 30.22 and 40
CFR 31.21;
(7) Non-federal audits required under 40 CFR 30.26, 40 CFR 31.26, and OMB
Circular A-133; and
(8) Close out under 40 CFR 30.71 and 40 CFR 31.50.
7. The Grantee shall have provided the Grantor with a copy of the Phase I and
Phase II Environmental Assessment of the Property performed according to the
American Society for Testing and Materials (ASTM) standards (collectively, the
"Assessment"). The Grantee agrees that the Project Subgrant Funds shall not be
used for the payment of any cost or expense related to the Assessment. The
Assessment shall include, but is not limited to site background, the threat posed by
the contaminant to public health, welfare and the environment and all past
enforcement activities conducted by any governmental agency, and the site testing
results.
8. The Grantee shall prepare a Public Involvement Plan (PIP) with the assistance
and cooperation of the Grantor. The PIP shall include the following:
a. Copies of news releases and other information that explains the proposed
project, such releases and information to be disseminated throughout the area
surrounding the affected area.
b. Procedures for the establishment of a local information repository
(Administrative Record) at or near the Property that includes public information
supplied by both the Grantee and the Grantor related to the proposed
Remediation Work. The Grantee shall supply the Grantor with any and all
information that would assist the Grantor in documenting the Remediation
Work.
c. Procedures on continued community involvement shall be outlined in the PIP.
9. The Grantee shall secure the services of an environmental project manager to act
as Site Manager and who will prepare or review the Grantee's remedial planning,
design, and engineering documents and review the cleanup activities as they are
on-going to ensure quality and ensure that the contractor complies with contract
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documents. The Site Manager may also prepare the analysis of brownfields cleanup
alternatives (ABCA).
10. The Site Manager is responsible for ensuring that environmental activities
within his area of responsibility are performed in accordance with applicable plans
and procedures. Work performance will be measured against specifications, and
appropriate management oversight and inspection will be assured.
11. The Grantee (or Grantee's Site Manager) shall draft an analysis of brownfields
cleanup alternatives (ABCA) that will include information about the Property and
contamination issues (i.e., exposure pathways, identification of contaminant
sources, etc.), cleanup standards; applicable laws; alternatives considered; and the
proposed cleanup. The evaluation of alternatives must include effectiveness,
implementability, and the cost of the cleanup proposed. The Grantee shall submit
copies of the draft analysis of brownfields cleanup alternatives to the Grantor for
submission to EPA. The Grantee agrees to accept advice and suggestions from the
EPA and to incorporate those suggestions or requests for revisions as appropriate.
12. After the draft analysis of brownfields cleanup alternatives has been approved,
the Grantee shall make the document available for review and public comment for a
period of not less than thirty (30) days from the date of publication of the public
notice.
13. After the public comment period, the Grantee shall incorporate all appropriate
comments, at the reasonable discretion of Grantee, into a final analysis of
brownfields cleanup alternatives document and prepare a written response to the
public comments, if appropriate.
14. After the analysis of brownfields cleanup alternatives has been finalized, the
Grantee (or Grantee's Site Manager) shall prepare a scope of work containing
detailed design and construction plans and specifications for the Remediation Work
including a budget and work schedule; a health and safety plan (OSHA 1910-120 -
126) and a quality assurance project plan which sets forth the manner and method
of collecting samples to assure the complete removal of all hazardous substances
that are located at the Property and are to be removed as a part of the Remediation
Work (collectively, such documents are referred to as the "Project Documents") and
submit same to Grantor for approval.
15. If not previously submitted to Grantor, prior to the initiation of the Remediation
Work, including any cleanup activities, the Grantee shall provide the Grantor with
a copy of the Florida Department of Environmental Protection (FDEP) Brownfield
Site Rehabilitation Agreement (BSRA) relative to the subject property.
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16. The Grantee understands and agrees that all of the Project Subgrant Funds
provided by Grantor to Grantee shall be used by the Grantee towards the cleanup
and remediation of the Property identified in Exhibit 1. Grantee shall supply the
Grantor with design and cleanup plan and specifications for the redevelopment of
the Property and evidence of all total clean-up financing, including a firm
commitment for a loan and permanent financing from an accredited lending
institution, if applicable.
17. The Grantee further understands and agrees that any and all work performed
on the Property for which the Project Subgrant Funds are used and the receipt of
any Project Subgrant funds under this Agreement is conditioned upon the Grantee's
full compliance with the terms and provisions of the Project Documents and this
Agreement.
18. The Project Subgrant Funds shall be payable to the Grantee as reimbursement
for allowable expenses incurred by the Grantee based upon the progress of the
Remediation Work and in accordance with the approved cleanup project budget (the
"Budget") ,attached hereto and made a part hereof as Exhibit 2. No
reimbursements shall be made to the Grantee without the written approval of the
Grantor. The Grantor shall not advance nor be obligated to advance any Project
Subgrant Funds to the Grantee prior to the receipt of properly executed lien
waivers.
19. Grantee agrees to use best efforts to keep all expenditures from the Project
Subgrant Funds within the approved Budget. Grantee shall not exceed any of the
costs enumerated in the approved Project Budget without the prior written approval
of the Grantor.
20. The Grantor will withhold up to ten (10%) percent of each payment requested as
a retainage until the Grantee has completed the Remediation Work. All retainage
held will be included in the final payment, provided cleanup is completed.
21. The Grantee shall show evidence of a cost share of at least 20% of the subgrant
amount. Cost share maybe in the form of a contribution of money, labor, materials,
or services from anon-federal source. The cost share contribution must be for costs
that are eligible and allowable under the Cooperative Agreement between Grantor
(TCRPC) and the EPA, and must be supported by adequate documentation.
22. The awarding of this Subgrant shall be subject to:
a. Opinion of the Grantee's Counsel that the Grantee, if a local government or a
corporation, is in good standing and that all documents executed by the Grantee
are valid and enforceable in accordance with their respective terms.
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b. Written authorization in the form of a resolution if required, a local
government or a corporation, authorizing the Grantee to accept the Project
Subgrant Funds and authorizing Grantee's representative to execute this
Subgrant Agreement on behalf of the Grantee.
c. Evidence by the Grantee that no outstanding taxes, fees, charges, mortgages,
liens, encumbrances or other assessments have been filed or are recorded against
the Property.
d. Evidence of cleanup contractors insurance coverage with limits of liability as
determined by the Grantor's site manager. All insurance coverage required by
this section shall remain in full force and effect during the term of this
Agreement.
e. Confirmation that the contractor and any subcontractors selected by the
Grantee for the Remediation Work have not been debarred from federally-funded
projects.
f. The Grantor's receipt of cleanup project cost breakdown based upon estimates
and prices supplied by the Grantee.
g. The Grantor reserves the right to waive any or all requirements of this section.
23. Grantee shall commence work on the Remediation Work within 90 days from
the date of execution of this Agreement and shall complete and perform all of the
Remediation Work within 24 months in accordance with the approved Schedule of
Work attached hereto and made a part hereof as Exhibit 3. Circumstances beyond
the control of the Grantee may constitute a request to extend the commencement of
work. This request must be in writing.
24. All Remediation Work performed pursuant to this Agreement and with Project
Subgrant Funds shall be performed in a good and workmanlike manner.
25. All material changes or modification to the Remediation Work or the Project
Documents shall be approved in writing by the Grantor prior to such change or
modification becoming effective. All additional costs incurred, as the result of any
change orders shall be the responsibility of the Grantee. In the event that
unforeseen conditions are discovered during the implementation of the Remediation
Work, the Grantee reserves the right to revise the cleanup action and the Project
Documents.
26. Grantee, at its sole cost and expense, and from sources other than Subgrant
Funds, shall be responsible for obtaining all permits, licenses, approvals,
certifications and inspections required by federal, state or local law and to maintain
such permits, licenses, approvals, certifications and inspections in current status
during the term of this Agreement.
27. The Grantee shall:
a. Notify the Grantor when the Remediation Work is complete. The notice shall
contain certification or documentation that the Remediation Work is complete
and has been performed in accordance with the terms of this Agreement. This
notice shall summarize the actions taken, the resources committed and the
problems encountered in completion of the project, if any, and shall be submitted
to the Grantor for review and approval before it is finalized.
b. Perform all of its obligations and agreements under this Agreement, and any
other agreements or instruments to which the Grantee is a party and which
relate to the Project Subgrant Funds and the Remediation Work.
28. The Grantee agrees to protect, indemnify, defend and hold harmless, the
Grantor, its officers, administrators, agents, servants, employees and all other
persons or .legal entities to whom the Grantor may be liable from, for or against any
and all claims, demands, suits, losses, damages, judgments, costs and expenses,
whether direct, indirect or consequential and including, but not limited to, all
reasonable fees, expenses and charges of attorneys and other professionals, court
costs, and other reasonable fees and expenses for bodily injury, including death,
personal injury and property damage, arising out of or in connection with the
performance of any work or any responsibility or obligation of the Grantee as
provided herein and caused in whole or in part by any act, error, or omission of the
Grantee, its agents, servants, employees or assigns.
29. The Grantee shall erect a sign in a prominent location on the Property stating
that the Remediation Work is being financed in part by RLF Subgrant Funds and
the Grantor and providing the appropriate contacts for obtaining information on
activities being conducted at the site and for reporting suspected criminal activities.
The sign erected on the Property site shall comply with all requirements of the state
and local law applicable to on-premise outdoor advertising as well as 40 C.F.R.
Subpart O § 35.6105(a)(2)(ii).
30. If the Grantee sells or transfers the Property prior to completion of the
Remediation Work, then, in that event, the Grantee shall immediately repay the
entire amount of Project Subgrant Funds advanced to Grantee back to the Grantor.
31. Any forbearance by the Grantee with respect to any of the terms or conditions of
this agreement shall in no way constitute a waiver of any of Grantee's rights or
privileges granted hereunder.
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32. In the event of a default of any of the terms or conditions of this Agreement
then, in that event, the entire amount of Project Subgrant Funds disbursed to
Grantee shall be immediately repaid without the necessity of demand from Grantor.
The Grantee shall be deemed to be in default under this Agreement upon the
occurrence of any or more of the following events (each and "Event of Default"):
a. The Grantee assigns this Agreement or any Project Subgrant Funds advanced
hereunder or any interest herein to a third party or if the Property or any
interest is conveyed, assigned or otherwise transferred without prior written
consent of the Grantor.
b. Any representation or warranty made herein or in any report, certificate,
financial statement or other instrument furnished in connection with this
Agreement shall prove to be false in any material respect.
c. The Grantee defaults in the performance of any term, covenant or condition to
be performed hereunder and such default is not remedied within thirty (30) days,
unless a longer period of time is reasonably required to cure the default, from and
after receipt of written notice by certified mail, return receipt requested, from the
Grantor to the Grantee, specifying said default, of, if such default cannot be
remedied within that period and remedial effort is not commenced within that
period and diligently and continuously pursued, the Grantor shall have the right
to proceed by appropriate judicial proceedings to enforce performance or
observation of the applicable provisions of this Agreement and/or terminate this
Agreement and recover damages from the Grantee to the extent allowed by law.
d. Any proceeding involving the Grantee or the Property, commenced under any
bankruptcy or reorganization arrangement, probate, insolvency, readjustment of
debt, dissolution or liquidation law of the United States, or any State, but if such
proceedings are instituted, no Event of Default shall be deemed to have occurred
hereunder unless the Grantor either approves, consents to, or acquiesces in such
proceedings, or such proceedings are not dismissed within sixty (60) days.
e. An order, judgment or decree is entered, without the application, approval or
consent of the Grantor, by any court of competent jurisdiction approving the
appointment of a receiver, trustee or liquidator of the Grantee of all or a
substantial part of its assets, and such order, judgment or decree shall continue
in effect for a period of sixty (60) days.
Upon the occurrence of any one or more of the Events of Default enumerated above,
all amounts of Project Subgrant Funds disbursed to Grantee by Grantor pursuant
to this Agreement shall become due and payable, without presentment, demand,
protest or notice of any kind to the Grantor, all of which are hereby expressly
waived by the Grantee.
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33. The Grantee agrees to maintain financial and programmatic records pertaining
to all matters relative to this Agreement in accordance with generally accepted
accounting principles and procedures and to retain all of its records and supporting
documentation applicable to this Agreement for a period of ten (10) years except as
follows:
a. Records that are subject to audit findings shall be retained three (3) years after
such findings have been resolved.
b. All such records and supporting documents shall be made available, upon
request, for inspection or audit by the Grantor or its representatives.
34. The Grantee agrees to permit the Grantor or its designated representative to
inspect and/or audit its records and books relative to this Agreement at any time
during normal business hours and under reasonable circumstances, upon
reasonable notice and to copy therefrom any information that the Grantor desires
relevant to this Agreement. The Grantor shall provide written notice to the Grantee
prior to the execution of this provision. The Grantee agrees to deliver the records or
have the records delivered to the Grantor or its designated representative at an
address designated by such party at Treasure Coast Regional Planning Council
(TCRPC). If the Grantor or its representative finds that the records delivered by the
Grantee are incomplete, the Grantee agrees to pay the Grantor or its
representative's costs to travel to the Grantee's office or other location where the
books or records are located to audit or retrieve the complete records. In addition,
all subgrant related documents are subject to 40 C.F.R. § 35.6710.
35. The Grantee will comply with the statutes prohibiting discrimination on the
grounds of race, color, national origin, sex and disability. In addition, the Grantee
will undertake good faith efforts in compliance with 40 C.F.R. § 35.6580 to give
opportunities for qualified Small Business Enterprises (SBE), Minority Business
Enterprises (MBE) and Women-Owned Business Enterprises (WBE) to submit
proposals, bids, and provide services on contracts and subcontracts for services and
supplies. The Grantee shall submit a report of such efforts on the Grantor- provided
form.
36. The Grantee shall not assign or attempt to assign directly or indirectly, any of
its rights under this Agreement or under any instrument referred to herein without
the prior written consent of the Grantor. The Grantee shall not assign all or any
portion of the Property made the subject of this Agreement without the prior
written consent of the Grantor.
37. This Agreement is not intended to create or vest any rights in any third party or
to create any third party beneficiaries.
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38. All amendments to this Agreement shall be in writing and signed by both
parties hereto
39. It is expressly understood that a failure or delay on the part of the Grantee in
the performance, in whole or in part, of any of the terms of this Agreement, if such
failure is attributable to an Act of God, fire, flood, riot, insurrection, embargo,
emergency or governmental orders, regulations, priority, or other limitations or
restrictions, or other similar unforeseen causes beyond the reasonable control of
such party, the failure or delay shall not constitute a breach or Event of Default
under this Agreement; however, the Grantee shall use its best effort to insure that
the Project is completed in a reasonable time without unnecessary delay.
40. The provisions of this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns.
41. No failure of either party to exercise any power or right given it hereunder or to
insist on strict compliance by the other party with its obligations hereunder, and so
custom of practice of the parties at variance with the terms hereof shall constitute a
waiver of the other party's right to demand at any time exact compliance with the
terms hereof.
42. All notices, requests, instructions or other documents to be given hereunder to
either party by the other shall be in writing and delivered personally or sent by
certified or registered mail, postage prepaid, to the addresses set forth in this
Agreement. Any such notice, request, instruction or other document shall be
conclusively deemed to have been received and be effective on the date on which
personally delivered or, if sent by certified or registered mail, on the day mailed to
the parties as follows:
TO THE GRANTOR: Treasure Coast Regional Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, FL 34994
Attn: Greg Vaday, Program Manager
TO THE GRANTEE: Village of North Palm Beach
501 U.S. Highway One
North Palm Beach, FL 33408
Attn: Jimmy Knight, Village Manager
or to such other address as a party may subsequently specify in writing to the other
party.
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43. If any provision or item of this Agreement is held invalid, such invalidity shall
not affect other provisions or items of this Agreement that can be given effect
without the invalid provisions or items, and to this end, the provisions of this
Agreement are hereby declared severable.
44. Except for any exhibits, attachments, plats or other documents as may be
affixed hereto, made a part hereof, and properly identified herewith, this Agreement
constitutes the entire contract between the parties, and shall not be otherwise
affected by any other purported undertaking, whether written or oral.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be
executed in the name and on behalf of each of them (acting individually or by their
respective officers or appropriate legal representatives, as the case may be,
hereunto duly authorized) as of the day and year first written above.
ATTEST:
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ATTEST:
GRANTEE:
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BY:
Mayo
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Village Clerk
GRANTOR:
Treasure Coast Re Tonal Planning Council
BY:
Michael J. Busha
~~ Executive Director
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I. GRANT REQUEST
X Petroleum Cleanup Grant
In the amount o£ 99 980
II. APPLICANT INFORMATIOI~t
Applicant (Owner)'s Name: Villaee of North Palm Beach
Mailing Address: 501 US Highway 1
City: North Palm Beach State: F rida Zip: 33408
Phone #: (561) 84J.-3380 Fax: (561) 848-3344 Email: m~atesCwillage-nob.org
Entity:
D Nonprofit X Municipality
Tax ID Number: 59-6017984 Date of Incorporation: 08/13/1956
Type of Entity: Municipality/Local Government
1II. PROPOSED REVITALIZATION PROJECT
Purpose of Redevelopment:
This oroiect will facilitate the decommissioning of anon-functioning wastewater
treatmentplant and it's transformation into a community waterfrontparh The
proiect will provide additional access to the adiacent watgrwavs and recreational
opportunities for Vilda~e re~dents as well aspublic users. Thi~ar.~will also serve
as a community gathering location and will expand and improve the adjacent
obsolete Aark facilities.
Location of the proposed project:
Former Seacoast Utilities Wastewater Treatment Plant
603 Anchorage Drive North Palm Beach FL
Parcel ATO. 68-43-42-16-02-028-0010
Size and physical characteristics of the site: 4.87 +I-acres
Please describe the zoning district in which the site is located and whether
redevelopment plans comply with local regulations. If not, describe plans to meet
compliance P-Public District
Treasure Coast Regional Planning Council 2
TCBRLF Grant Application - (OS-16-06)
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Anchorage Park
Cleanup Budget
BCRLF SUBGRANT SCHEDULE OF C0,1'~ENSATION
1) Public Relations Plan .................................................:................................................... 3,500
2) ABCA ........................................................................................... .............................. .4.500
Task 1 & 2 Subtotal $ 8,000
3) Asbestos Survey and Abatement Activities
a) Demolition Asbestos Survey
Polarized microscopic analysis of 150 samples .................:.................,.............. . 3,750
Industrial Hygienist/scientist .............................................................................. . 2,250
• Report Preparation ............................................................................................. .1,000
b) Asbestos Abatement Activities
• Mobilization ...................................................................................................... 2,800
• Licensed Asbestos Contractor ........................................................................... 27,550
• Air monitoring, clearance sampling and reporting ............................................. 13.000
Task 3 Subtotal $50,350*
4) Confirmatory of;~redge Spoil Residuals for Petroleum Constituents ............................ $ 5,850
S) Environmental Project OversighdSoil Screening ........................................................:. 15,000
6) Confirmatory Sampling -Wastewater Treatment Plant & Process Equipment Areas ..,..... 3,450
7) Initial Remedial Action -Source Removal Activities
• Mobilization ..................................................................:....................................1,895
• Excavation and loading of 100 cubic yards (140 tons) of soil @ $32.00/ton........ 4,480
• Backfill and Compaction of 140 cubic yards @ $25.25/cy .................................. 3,535
• Transportation and Disposal of 140 tons @ $53/ton ............................................7,820
Task 4, 5, 6 & 7 Subtotal $41,630**
Brownfields Cleanup Revolving Loan (sub grant} Project Total .................................... 99.980
Notes; * Estimated fee based on assumed presence of ACM within WWTP structures, final costs
will be based on actual linear feet/square feet of friable/non-friable material identified.
** Final Invoicing will be based on final sub-totals for above tasks.
G:1DES1ENV1PtoposaA20061TCRPC~SeacoasdAncharage Perk Cleanup Budgetdoc
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Anchorage Park
Cleannp Schedule
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Task # What It is Schedule
1 Pttblic Relations Plan 45 da s from Authorization to Proceed
2
3 ABCA 60 da s from Authorization to Proceed
Asbestos Survey & Abatement Activities 60 da s from Authorization to Proceed
4- Confirmatory of Dredge Spoil Residuals for Petroleum b0 days from Authorization to Proceed
Constihients
5. environmental Projeci OversightlSoil Screening To be completed in conjunction with demolition activity
'~ Demolition anticipated to begin on September 1, 2007
6.
Confirmatory Sampling -Wastewater Treatment Plant & and conclude Januar 15, 2008.
To be completed in conjunction with demolition activity
Process Equipment Area * Detolition anticipated to begin an September 1, 2007
7.
Initial Remedial Action -Source Removal Activities and conclude January 15, 2008.
To be completed in conjunction with demolition activity
l '° Demolition anticipated to begin on September 1, 2007
and conclude Januazy 7 5
2008
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G:1DGSIENV\Praposa112006\TCRPC1Seacoast\Cleanup Schedula.doc