12-20-95 Special
DHlIA ~ BfA(
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CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION ¡¡UP
SPECIAL MEETING - DECEMBER 20, 1995 - 5:00 P.M.
COMMISSION CHAMBERS
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The City will furnish appropriate auxiliary aids and services where
necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program or activity conducted by the City. Please contact Doug
Randolph at 243-7127 (voice) or 243-7199 ( TDD) , at least 24 hours
prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available
for meetings in the Commission Chambers.
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Pursuant to Section 3.07 of the Charter of the City of Delray Beach,
Florida, Mayor Thomas E. Lynch has instructed me to announce a
Special Meeting of the City Commission to be held on Wednesday,
December 20, 1995, at 5:00 p.m. in the Commission Chambers at City
Hall, 100 N.W. 1st Avenue, Delray Beach.
The meeting has been called for the following purpose:
( 1 ) Acquisition of the Patel property located at 2228 Seacrest
Boulevard.
(2 ) Commission comments.
f1t:oon 'I'lµ/úup II (hef¡
"
Alison MacGregor Harty
City Clerk
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Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered at
this meeting, such person will need to ensure that a verbatim record
includes the testimony and evidence upon which the appeal is to be
based. The City does not provide nor prepare such record.
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£IT' DF DELHA' BEA[H
CITY ATTORNEY'S OFFICE 2(::1 :',\,,; hi :'."-Cd,!: . UELRAY BEACH. FLORIDA 33·14-1
F/,CSL\I1! ;~ 41(: = ~ ~5
Writer's Direct Line: (407) 243-7091
DELRA Y BEACH
F lOll: I D ^
be.d MEMORANDUM
AII·America City
, ~ III! DATE December 19, 1995
1993
TO: City Commission
FROM: Susan A. Ruby, City Attorney
SUBJECT: Gas Station Property - Seacrest Boulevard
The City entered into a contract with Mr, Patel to purchase the gas station property on
Seacrest Boulevard for $72,500.00.
The City conducted environmental surveys which indicate the existence of underground
storage tanks. (See Summary), Kevin Becotte, Assistant City Engineer, will attempt to
give an estimate of costs of removal at the meeting on Wednesday, December 20, 1995,
In addition, attached please find a copy of a Special Warranty Deed which would require
indemnification by the City if B.P. Oil was required at any time to do remediation work
at the site. B.P. Oil will not release this restriction,
The City must decide whether they want to go forward with the purchase in light of the
foregoing,
If you have any questions, please do not hesitate to contact me.
Attachments
cc: David Harden, City Manager
Alison MacGregor Harty, City Clerk
Dan Beatty, City Engineer
Kevin Becotte, Assistant City Engineer
station.sar
® p(lrrecf on Reeve/cd Pape,'
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BP OIL SP Oil Company
200 Public:: SqulU1l
Cleveland, Ohio ~·n 1402375
(216) S86-41.1
November 30, 1995
Robert W. Federspiel, Esq.
Spinner, Dittman, Federspiel & Dowling
501 East Atlantic Avenue
Delray Beach, FL 33483
RE: Former BP site , 24518
North Seacrest , Pine Ridge Road
Delray Beach, FL
Deed from BP to Rajesh K. Patel
Dear Hr. Federspiel:
Your November 22, 1995 letter addressed to BP Exploration
, oil Inc. (MBP") was forwarded to me for handling.
BP declines to accept the reqQest made by you on behalf of
the City of Delray Beach, Florida, that BP release the city
from any responsibilities or obligations that are set forth in
the deed by which BP transferred the property to
Mr. Rajesh K. Patel, which was filed of record in the Palm
Beach county, Florida records ("Deed") . BP's position is and
remains that any party who purchases the property from
Mr. Patel, or his successors, is subject to all of the
restrictions, limitations, liabilities and responsibilities set
forth in the Deed~ Accordingly, BP reserves any and all rights
that it has at law, in equ1 ty or otherwise against. Mr. Patel,
any party to which Mr. Patel transfers the property including
but not limited to the city of Delray Beach. Florida, and their
respective successors and assiqns based upon or ari~ing out of
the Deed or otherwise. BP objects to any transfer of the
property by Mr. Patel (or his successors) to the city of Delray
Beach which attempts to alter the restrictions, limitations,
liabilities and/or responsibilities imposed upon the city from
those restrictions, limitations, liabilities and/or
responsibilities presently set forth in the Deed.
sincerely,
~C ~
sonia c. Val10rz
Of Counsel
Real Estate Leqal Services
(216) 586-4569
cc: 1(. Sweda
8v5131w/bt:
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12/05/95 TUB 14:17 [TX/RX NO 61901
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. bcord 'and Return to: /
RaJesh Patel .¡ f
9082 Cavat1na Place
Boynton Beach. Fl 33437 ,1M-04-1995 2:53P. 95-002489
ORB 8570 pg 1581
I I.... III ...11..... I ..1
I;on 36,600.00 Doc 256. 211
(DIVVCM'l')
(AUCT:ION)
..lIeru. nlUlUI'l'1! DInD
JQfOW ALL MEN BY TRESB PRESENTS:
'rha~ B. ~'fXOII I OXL DlC., an Ohio corpora~ion (foraer ly
BP oil oa.pany, fo~ly Sobio oil eompany, .ucce..or in interest
to 8P oil Inc.), vith iu principal office a~ 200 Public Square,
Cleveland, Ohio 44114-2375 ("Grantor"), for Ten Dollar. ($10.00)
and other e¡ood and valuable oonaidera~ion rec:alW1d to its full
satistaction frOJl aaJaJI p&'fWL, who.. tax ..lllne¡ addre.. is 9082
C&vatina Place, Boyn~on Beach, Plorida 33437 (·Gran~ee"), does
hereby c¡ran~, barqain, .ell' and convey unto Grantea and lt11 beir.,
devise.., repre.entatl ve., successors and a..iqna that c:ertain real
property located at North Seacr_t Boulevard near pina Ridqa Road
in the COUft~y of Pala Beach and state of Florida, and bainq a
portion ot the .... r..l property conveyed to Grantor by deed
recorded in Ofticial Records Book 4462, paq. 1034 ot the public
recorda ot said County, as IIOre tully described in Exhibit "A"
.ttached hereto and ..de a part hereof, toqether vith Gr.ntor's
right, ti~le and inter.st in and to all building., .tructures and
other iJlprov..ente located th.reon ("Property").
1. DJIJtaftY. TO HAVE AND TO HOlD unto Grant.e, and the heirs,
d.vi...., representatives, SUCCGSsors and a..iqn. ot Grante., as
the ca.e ..y be, torever subject, however, to: (.) taxes and
.....-.nu, both qener.l and spoci.l, not now due .nd payable; (b)
bui1dinc¡ and Bonine¡ ordin.nces, 1avs, r.qul.tioftB and restrictions
by -.unicipal or other qavernaental authority; (c) any .nd all
1....., ......nte, riqbt.-of-vay, enCUllbrancee, conditions,
covenant., restrictions, reservat.ions and exceptions ot record; (d)
any .tate ot fact. that an accurate survay or ind.pendent
inapect:ion of the Property by Gra.nte. or its .c¡antll would disclosa;
and (e) the re.trictions, coven&nts and representations .at forth
herein.
Grantor warrant. and will defend its title to the Property
.e¡ain.t .11 lawful claiae and d..-nds aad. ac¡aine~ ..1d ~itle by
.11 persona claåa1nq by, frOll, throuqb or under Grantor, and none
other, exce~ .s no~ed herein.
2. Bll'lDQ"D" -orraL COII8%DDAßOIIS.
a. prior U... Grantee acknowledqe. that the Property bas
baan used as a s.rvic. station or tor rela~ed purposes for the
.~orac¡e, sale, ~ranster and distribution ot aotor vehicle fuels,
petro1eua products or derivative. containinq hydrocarbons
(.p.~roleua Products"). Grantee represents and varrants that it is
t_iliar vith the condition of the property and that GRANTOR HAS
WO'l' MADB AND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE
PROPERTY, EXPRESS OR IIIPLIBD, INCLUDING WITHOU'l' LIMITATION, ITS
IlABITABILITY, CONDITION OR PI'n'BSS FOR ANY PARTICULAR US~ OR
PURPOSB. GRANTEE AGREES THAT 'rilE PROPERTY :IS IIBRB8Y CONVBYBD BY
GRAR'l'OR AND ACCEPTBD BY GRAMTEB XN AN "AS-IS, WRBRB-IS· CONDXTION.
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ORB 8570 pg 15B2
b. HvdrooarboD. . Prior to the Closing Date, PetroleulII
Products lIIay have been spilled, leakcld or otherwise discharged
onto, into or troll the property ("Hydrocarbons"). As ot the
Effective Date, as defined below, Grantee hereby agrees to assullle,
and hereby waives, relea.es, and agr..s to indemnify I defend and
hold barmles. Grantor and its direo1:ors, otticers, _ployee.,
contractors, agents, representatives, Bucce..or. and a.signs, troll
and against any and all clabl., delaand., dallage., co.t. and
expan.e., including attorney.' teeœ, oourt costs, awards,
.ettl..ents, judgaents, penalties, fine., lien. or cau.e. of
action, at law or in equity ("Losse."), including without
liaitation action. under the COlllprehensive Environmental Re.pon.e,
co~en.a~ion and Liability Act at 1980, 42 U.S.C. 9601, ~., as
aaended, the Resource Con.ervation and Recovery Act, 42 U.S.C.
6901, et tl8Ø. , and any other applicable enviroruaental laws,
statutes, ordinances, rules, regulations or orders ("Laws"),
arising out of or relating to the Hydrocarbons or other property
abandoned thereon by Grantor.
o. OtharcoDtaaiDatioD. Grantee acknowledges that flammable
explosives, hydrocarbon. and/or potroleum products or fractions
thereot, radioaotive ..terials, bazardous or toxic wa.tes,
substance. or _terial., including but not liJllited .to those
..terial. and sub.tance. defined as "hazardous substances" ,
"hazardous _terial.", "hazardous wastes" or "toxic .ubstances" in
the Law. ("Hazardous Materials"), other than Hydrocarbons, -y
.xi.t on the Property as ot the Eftective Dat. ( "Other
Contamination"). Grantee hereby agrees to as.wae and hereby waives
and release. Grantor troJII all liability tor the Other contaJllination
including any testing, investigation and/or rellediation
("Remediation") thereot I Grantee hereby acknowledging that Grantor
i. not re.ponsible for the Remediation ot the Other Contamination
and agreeing to seek recourse, it at all, tor Losses against the
parties who caused the same. Grantee hereby agrees to indemnity,
detend and hold harmless Grantor and its directors, ofticers,
eJlployees, contractors, agents, representatives, successors and
assigns, trom and against any and all Losses arising out ot or
relating to Other contamination I the Remediation thereof, or the
physical condition ot the ProPElrty or other property abandoned
thereon by Grantor.
d. GraDtor'. Aoo.... It atter the Ettective Date, Grantee
should default in its obligation to assume the Remediation of the
Hydrocarbons and/or the Other Contalllination, and it, as a
consequence, any governmental agency, entity, body,
in.truaentality, department or ropresentative ("Government") .hall
notity Grantor that Grantor lIIust undertake the Remediation of the
Hydrocarbon. and/or the Other contamination, Grantor shall
i-.diately notify Grantee of salle, Grantee shall prolllptly
undert:aJce the same, and Grantoe shall immediately notify the
Government that Grantee shall respond to such notice in the place
ot Grantor.
However, if: (i) Grante. talls to tilllely or properly undertake
and pursue the Relllediation of the Hydrocarbons and/or Other
Contamination, or (H) the Government insists that Grantor I not
Grantee, undertake or pursue th.. Relllediation of the Hydrocarbons
and/or Other Contamination, then Grantor .hall have the right and
authority, but not the obligation, to enter the Property and to
conduct the Remediation of the Hydrocarbons and/or other
Contamination, all without trespass. Grantor's entry on the
Property and activities thereon Ilhall not be deellled an admission of
liability tor the Hydrocarbons a,nd/or Other Contamination. While
on the Property, Grantor shall have the right to install, maintain,
operate, store, use and relllove equiplllent, including but not limited
to .onitoring wells, recovery wells and other asse.ament or
Remediation equipment, to relllove, remediate, store and test ~oils
and groundwater theretrom and thereon and to otherwise take all
actions required to comply with the Lawß. Grantor shall exercise
its right of entry onto the Prclperty in a ..nner which does not
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. ORB 8570 p, 1583
unrea~nahly interf~a with Grant..'s u.. of the Property, and
Grantor shall provide Grantee, within thirty (30) day. of its
written request, eopi.. of all eorrespandenoa between Grantor and
. the Govermunt reqard!nq Grantor'. aotiviti.. on the Property.
Grantee shall not interfere with Grantor'. right of entry, or
actiON! taken pursuant thereto, and shall cooperate with Grantor in
obtaininc¡ any peraita, c:onsents or approval. necessary for
Grantor'. actiON! taken with r.spect to the Property.
e. l'atur. (!oø.---h..tioD. Grante. acknowledge. that
aaaardous Material. _y co.. to exi.t on the Property after the
Effeativa Date (-1'Ui:ur. COntaaination-). Grantee hereby a9%'ee. to
aa8UII8 and hereby vaives, r.l__.., and a9%'''' to ind.-nlfy, def.nd
and bold barIIJ.... Grantor and ita direot:or., Offic:en, employ...,
OODtraoton, agents, repreaentative., .uaea..or. and a..ic¡na, froll
and ac¡ainat any and all Lo8a.. ari.inc¡ out of or relatinq to Future
COntaaination and/or the Reaediation thereof.
3. Illtumr.I'.!iIl8ðV8. '!'b. provi.ioftIJ of this Deed shall be dUlled
etfeatl". Att.. of the earlier of the reoordatlon of this D.ed or
'~f1Ij~" (-Effecti". Date-). '!'b. provisions of this Deed
shall run w th the land and .ball be blncUnc¡ upon and inure to the
benefit of the parti.., thair r.presentatives, b.ira, d.vi....,
au&:X:Uaors and as.ic¡na and any othu per~n or entity expr...ly
DOted her.in.
Sobio Oil company became the suooes~r to BP Oil Inc. by
~t of Marqer on July 31, 15186 and qualified to tran.act
busi..... in the state of Plorida on July 8, 1986.
Sobio oil CoIIpany changed its n.... to BP Oil coapany by
~t to its Article. of Incorporation on January 31, 15189.
on DeoeJIber 31, 15191, BP Exploration Inc. .-rqed into BP oil
COIIpany. As a result of the aerqer, the name of BP oil Co1Ipany was
cban9ed to BP Exploration fr Oil Ina.
m WI'l"IfESS WHBRBOF, BP EXPLORATION fr OIL INC. baa hereunto .et
its hand and cOrgQ!'ate set:;. by its duly authorized officers, this
o..~ day of ~C~^" r , 19C;~(.
. .~. ¥'t:"¡
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WI'l"IfESSESs 0%Ji:'. ~......., :\'"
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t2 :... . Co' . '
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Bys " Bys I ':;~..
Prints A. Pisabulla . .,'
By. d¡2'¡4?7 It... _, Di__i;:':J
Prints A. . eavy
Bys á. ~ Atte.t: '\N..L.-
Prints A. Pisohulla
By. ~~ I'" ...latant ...,....ry ::
Prints .M. Peavy
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. ORB 8570 p, 1SB4
CORPORA'!'. AC~
STATB OF OHIO )
) 51
COUNTY OF CUYAHOGA )
BBI'ORB ME, a Notary Public in and tor said County, and state
peraonally apreareð the above-naJI8d .. lIZPLOIIU'%mr 6 Ou, DIC. by
J.c. Taylor, ta Manager, Div..taent, and J. Shoda, it:. baiatant
Secretary, who are personally known to .. and who acJcnovledged that
they did ai9J1 the tor:r,0in9 inatrwaent and that the .... ia the
tr.. aat: and deed ot aa d corporation and the tree act and. deed of
_ch ot th_ peraonally and aa auch offiaerw.
Df 'RSTIMONY WBBRBOF, I have hereunto _t ay hand and off ici~;J.
__1 at Cleveland, Ohio, thia .!l!!!...-. day of DeceIIber, 1994.. \
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Notary Pub1I'c' . . ".
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Per80nally Jcnow -X- 1Ir~"'--'4, ., \
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or
Produced -
North Seacreat , Pine Ridge
Delray Beach, Florida
BP Site No. 24518
'1'hi_ inat:ruaent prepared by I
R. Reed K~, Bsq.
BP Bxplorat on , oil Inc.
200 Publio Square
Cleveland, Ohio 44114
SWD24518/trs
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, DORO.ar ~ fi,¡0 p, 1585
. , ClERK P8 Cooo-y, Fl
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The North 1 SO' ~.t òf the South Z90 feet of the East 170
feet ot South one~ÄaU of the Northwest one-quarter of .
the SouthWest o~e-quarte~ of the Southwest on~qu&rter: .
Less East 40 fecit for road riøht-of~w&y. Sectio~ 4,
. Township 46 Soutb,;:Ranse'43 East,· Palm Beach County,
Florida, alao..Jeftz:f:bed ~8: . .
; '..' ..
~ Commencing at an iron l'od on the w~.teZ'ly ri¡ht-of-w~y
.
~e of Seacre,~ Bøú1evard, whiçJ:L is '140 feet North ,of .
. &Ad 40 feet West of.:ti1e ..oútheast corner of the Northwest
, ~e-qua.:rter .of ,~he Southwsurt one-quarter of the SouthWest
one-quarter of ~~t:;on -4, ~ ~8hip 46 ~th, llange 43 East,
Pa.1m Beat.h Co~.. ,F!Q~da; thence run South 89· 41' 351r
West for II; distaœe of 1.30:'feet to a ,concrete mozwment;thence
, ~.No·rth¢· 'Z(',i~:'i West:for a distance of' '150 feet to a
''Coacrete møm:i1'I14I!nt, then~e run North 89· 41' 35" East for
<' a distance of 13(. . feet to a.n Iro'n .ród on the westerly right-oi-way,
. line of Sea.c:res1: Boulevaed; thence run South O· 32' 251r East
Blong the west~riy right-of-way line of Seacrest Bouievå.rd a
distance of 150 feet to .the 'point of begi1mii1g.
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LlSS AID ucin IIfl'! port!oø of the p~rty U8eci for public' ript-of-vay.
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December 15, 1995
City of Delray Beach
Environmental Services
434 S. Swinton Avenue
Delray Beach, Florida 33444
Attn: Mr. Kevin Becotte, P.E.
Re: Phase II Environmental Property Assessment
Seacrest Property Acquisition
2200 - 2300 Seacrest Boulevard
Delray Beach, Florida
NEF #747,8
Dear Mr. Becotte:
NUTTING ENVIRONMENTAL OF FLORIDA, INC. (NEF) has performed a Phase II
Environmental Assessment at the above referenced project in accordance with your
authorization of November 24, 1995. This report completes NEF's services at the
project as set forth in NEF's proposal. The purpose of this assessment was to develop
additional information regarding environmental conditions noted during the Phase I
Environmental Property Assessment of December 1995 on the gas station portion of
the subject property. For further information regarding our company's qualifications,
please visit our World Wide Web page at http://www.gate.neU-nutting/ or contact the
undersigned at your convenience.
Historical Summary
During the course of the Phase I Environmental Property Assessment, a facility located
near the southeast property corner, which formerly operated under the names BP, J&W
Seacrest Service, and Peltz Gulf Service was identified as former gas/service stations.
A review of Building Department plans indicated fourteen underground storage tank
(USTs) were possibly historically located at the former gas/service station. Department
of Environmental Resources Management (ERM) files, reviewed by NEF personnel,
noted seven USTs reportedly removed by Cherokee Groundwater Consultants, The
status of the remaining tanks is unknown (no information was present in the ERM files),
NEF recommended a magnetometer survey be performed as a tool to aid in the
investigation of buried metallic objects. Further, NEF recommended 15 soil borings be
conducted in the vicinity of the tank locations as identified in the building plan records.
..
N NUTTING 1
E ~F~~~~~~c~ENTAL
Also, NEF recommended three shallow watertable monitor wells be installed near the
suspected USTs.
Scope of Work
NEF has performed a Phase II Environmental Property Assessment at the above
referenced project in accordance with your authorization of November 24, 1995. The
following activities were completed during the course of this Phase " Assessment:
On December 4, 1995, NEF personnel performed a total of 15 soil borings using a drill
rig driven split spoon sampling device to obtain soil samples at vertical two foot
intervals. NEF visually classified and performed field heads pace testing on the
samples. Field headspace testing was conducted in accordance with procedures
outlined in Chapter 62-770 Florida Administrative Code (FAC), as cUl}ently adopted by
the Florida Department of Environmental Protection (DEP) for the presence of
detectable concentrations of Volatile Organics Compounds (VOCs) utilizing a Flame
Ionization Detector (FID). An in-line condensable carbon filter was used to obtain
filtered readings to correct for the presence of naturally occurring volatile organic
compounds. Net VOC readings were calculated by subtracting the filtered reading from
the unfiltered reading for each sample. Gasoline and diesel fuel both contain VOCs,
which may be detected with a FID if present in sufficient concentrations.
The drilling equipment was decontaminated between each sampling event in
accordance with NEF's state approved Comprehensive Quality Assurance Plan
#910269G (CQAP). The placement of the soil borings was based on review of building
plan records, Please see the attached site map for the specific locations of the soil
borings and field headspace testing results.
On December 4, 1995, NEF personnel installed 3 shallow watertable monitoring wells
(MW-A, MW-B, and MW-C) at locations selected based on the results of the soil boring
investigation. The wells were each installed to a total depth of 14 feet below land
surface using a B-57 mobile drill rig, Each two inch diameter ten foot long well screen
(0.010 inch slot, ASTM Thread) was installed to bracket the watertable (from 4 feet to
14 feet), with a 4 foot PVC riser to the surface, The remaining annulus was packed
with 8/20 silica sand to a depth of one foot below land surface. The filter packs were
topped with bentonite seals to prevent vertical migration of contaminants. The
remaining annular spaces were grouted to the surface, Upon completion of the
installation of the wells, the wells were developed until physical parameters stabilized
and all traces of PVC shavings were removed. Please see the attached well completion
report for further monitoring well construction details.
On December 7, 1995, NEF personnel purged and sampled monitoring wells MW-A,
MW-B, and MW-C. The wells were sampled in accordance with NEF's CQAP using
precleaned teflon bailers, The wells were sampled for laboratory analysis per EPA
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N NUTTING 2
E ~F~~~~?~~ENTAL
I
I Methods 602 (volatile organics), 610 (polynuclear aromatic hydrocarbons), 418.1 (total
I recoverable petroleum hydrocarbons), and 239.2 (filtered and unfiltered lead).
Res u Its
I Soil
I Several tanks appear to have been abandoned in place at the former gas/service
station, based on information obtained from the performance of soil borings and the
magnetometer survey.
I Results of field headspace testing of soil samples obtained during the performance of
the soil borings did not reveal the presence of net VOCs in the samples recovered from
I the soil borings to be in excess of state standards. Please see Table 1. for results of
the headspace testing and lithologic logs for each of the soil borings.
I Groundwater
Results of the laboratory analysis of water samples, obtained from December 7, 1995,
I indicated petroleum compounds to be below laboratory detection limits in the samples
evaluated and below State Target Levels promulgated in Chapter 62-770 FAC (as
currently adopted by the DEP), as follows:
II
I Summary of Groundwater Quality Results
Results Stated in Parts Per Billion u II , exce t for TRPH. stated in Parts Per Million m IL
w
II Well Date Benzene Total Total TRPH
VOAs Naphs
II MW-A 12/12/95 SOL SOL SOL SOL
MW-S 12/12/95 SOL SOL SOL SOL
I MW-C 12/12/95 SOL SOL SOL SOL
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, State Target level 1 50 100 5
BDL: Below Laboratory Detection Limits.
I Total VOAs: Total Volatile Organic Aromatics (combined concentrations of
.... benzene, toluene, ethyl benzene and total xylenes).
I Total Naphs: Sum of naphthalene, 1-methyl naphthalene, and 2-methyl
naphthalene.
I ~ Total recoverable petroleum hydrocarbons. EPA 418.1.
..... . NUTTING 3
ENVIRONMENTAL
I E OF FLORIDA. INC.
II·
· TRPH:
State Guideline for No Further Action, with no potable wells within
· State Target Level: 1/2 mile of the facility, per DEP's NFA and MOP Guidelines, October
1990.
· Based on this information, it is NEF's opinion that there is a low likelihood that a
dissolved petroleum contaminant plume is present in the vicinity of the test locations,
· Free product was not observed during NEF's assessment activities, Copies of the
laboratory analytical results and chain of custody forms are attached.
· Conclusions and Recommendations
Based on the information generated during this Phase II Environmental Property
· Assessment, it is NEF's opinion that there is a low likelihood of soil or ,groundwater
impact in the vicinity of the test locations in excess of Chapter 62-770 FAC guidelines
resulting from the operation of the former gas/service stations.
.' Based on the results of the soil borings and magnetometer survey performed during the
course of this investigation, several USTs have apparently been abandoned in place in
· the vicinity of the gas/service station.
It is NEF's opinion that these USTs be removed at the client's discretion. Removal of
· the tanks should be considered prior to building a structure at this location. Prior to
removal, the client should consult with an environmental attorney and ERM to
· determine if the USTs are exempt from Chapter 62-770 FAC regulations.
NEF appreciates this opportunity to be of service. Should you have any further
· questions or concerns, please do not hesitate to contact the undersigned at your
convenience.
· Sincerely,
ITING E~RON~NT¡:;;A' INC. .
· ~c-c- ..
Veronica A. Halpin ar G, lossi, P.E.
pro'M Vice President
· ~~
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avid T. Anderson
· Project Manager
Attachments: Tables
· Figures
Laboratory Analytical Results
seacrest. vh
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. NUTTING 4
· E ENVIRONMENTAL
OF FLORIDA. INC.
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NNUTTING Prepurchase Assessments
ENVIRONMENTAL Environmental Site Reviews
E OF FLORIDA, INC. Hydrogeology · Monitoring Wells
December 8, 1995
City of Delray Beach
434 S. Swinton Ave.
Delray Beach, FL 33444
Attn: Mr. Kevin Becotte, P.E.
Re: Phase I Environmental Property Assessment
Seacrest Property Acquisition
2200-2300 Seacrest Blvd.
Delray Beach, Florida
NEF #" 747.8
Dear Mr. Becotte:
Nutting Environmental of Florida, Inc. (NEF) has performed a Phase I Environmental
.- '. Assessment at the above referenced project in accordance with your authorization of
. --,.. October 31, 1995. This report completes NEF's services at the project as set forth in
NEF's proposal. The purpose of this assessment was to evaluate the general
likelihood of "recognized environmental conditions· (as defined in ASTM Practice 1527
and Section 2.1 of this report) being present on the site.
NEF conducted the assessment research in accordance with industry accepted
methods, investigating the following key areas:
= · Examination of the historical background and operating history of the site.
· Examination of the subject property's general hydrogeological, geological,
topographical, and ecological characteristics.
· Performance of a physical site inspection to observe the existing conditions,
business activities, and operations on the subject site.
. · Review of specific federal, state, county, and local agency records pertaining to
the site and other selected properties.
· Field heads pace screening of soil samples for the presence of volatile organic
. compounds commonly associated with the presence of gasoline, diesel fuel, and
certain solvents, as feasible.
I Please see section 2,0 of this report for further details regarding NEF's methodology.
I
I 1310 NEPTUNE DRIVE· BOYNTON BEACH, FLORIDA 33426
Boynton Beach (407) 732·7200 . Pompano Beach (305) 782·7200 . FAX (407) 737-9975
u
I We have performed a Phase I Environmental Property Assessment in general
accordance with the scope and limitations of ASTM Practice 1527 of the above
I referenced site, the property, Any additions, exceptions to, or deletions from, this
practice are described in Section 2.0 of this report, This assessment has revealed no
evidence of recognized environmental conditions in connection with the property except
I for the following:
I An abandoned gas/service station was observed on the subject property during the site
inspection. According to records on file with Palm Beach County Environmental
Resources Management (ERM), seven underground storage tanks (USTs) located on
I site are registered with the Florida Department of Environmental Protection (DEP).
These tanks were reportedly installed in 1967 and include six 3,000 gallon USTs which
were used for storing leaded and unleaded gasoline and one 550 gallon UST which
I stored waste oil. These tanks were reportedly removed by Cherokee Groundwater
Consultants on September 14, 1989. Approximately 50 cubic yards of soil were
removed. Cherokee Groundwater Consultants reported on-site organic vapor analyzer
I (OVA) readings of less than 1.0 ppm. According to the Cherokee report of September
14, 1989, the excavated soils were backfilled into the tank excavation.
I A review of Buildíng Department plans revealed a total of fourteen possible tank
locations which may have historically resided on the subject property. Other than the
seven tanks reportedly removed by Cherokee Groundwater Consultants, there is no
I documented information regarding the status of the USTs at the subject site.
A divestiture site assessment performed by The International Technology Corporation
II in December 1990 concluded the following for the vacant gas station on the subject
site: "No phase separated hydrocarbons were detected in any of the monitoring wells.
No dissolved gasoline constituents were detected during laboratory analysis of
I groundwater samples from wells MW-1 through MW-5 by EPA Methods 601/602 and
625, modified to include MTBE. No petroleum odors were noted in soil samples
I collected from each boring and no OVA responses (0 ppm) were recorded by the IT
field geologist. Laboratory analysis of select soils samples showed low concentrations
of total petroleum hydrocacbons in the samples collected during the installation of
I monitoring wells MW-3 and MW-5. Detectable levels of TPH were not present in the
samples collected from MW-1, MW-2, and MW-4, No hydrocarbons were detected in
solid samples collected from MW-1, MW-2, MW-3, MW-4 and MW-5 and analyzed by
I EPA Method 8020, and none of the samples were ignitable. Gasoline range volatiles
and metals were not detected in the TCLP extraction analysis of the soil sample
collected form monitoring well MW-5."
I NEF noted six monitoring wells located in the vicinity of the former gas/service station.
Three of the six wells were abandoned by backfilling with bentonite sealant. The three
I remaining wells were inspected by NEF personnel and were observed to be shallow
monitoring wells with screen intervals bracketing the water table. NEF recommends
fifteen soil borings be performed in the vicinity of the former tank locations to a
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. NUTTING
I ENVIRONMENTAL
E OF FLORIDA, INC.
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minimum depth of four feet below the watertable. Soil samples should be collected at
vertical 2' intervals and field screened for VOCs using an OV A. Further, NEF
recommends installation of three 2" diameter PVC shallow watertable monitor wells to
evaluate groundwater quality. The three wells should be placed to effect the best
possible coverage of the former tankfield. A groundwater sample should be collected
from each of the three monitor wells for laboratory analysis per EPA Methods 602
(volatile aromatics), 610 (polynuclear aromatic hydrocarbons), 418,1 (total recoverable
petroleum hydrocarbons), and 239.2 (filtered and unfiltered lead).
NEF recommends a limited magnetometer survey be performed in the areas of the
suspected tankfields. A magnetometer survey is used as a tool to trace metallic
underground utilities, and information gained from this procedure would be valuable in
assessing the current status of the fourteen USTs which were noted in the "as built"
building plans.
Based on the results of the soil borings, magnetometer survey and groundwater
analysis, NEF may recommend the installation and sampling of two additional monitor
wells, Groundwater samples would subsequently be collected from these monitor wells
and analyzed per the above noted EPA Methods to further evaluate groundwater
conditions in the vicinity of the abandoned gas station.
An unlabeled 55 gallon blue plastic drum was noted inside a fenced compound on-site
that encompasses a former potable well and treatment system. NEF recommends the
contents be characterized and the drum be properly disposed.
,.
In connection with a property transaction for the subject property, NEF has been
retained by the client to perform work including the report indicated above.
Accordingly, the client and assignees are hereby authorized to rely upon the report,
subject to any qualifications therein. Attached in the appendices section of the report is
evidence of our professional liability insurance coverage, including the carrier names
and amounts.
.....
If you have any questions or require further assistance, please contact us at your
convenience,
Respectfully submitted,
NU~ E~ENTAL OF FLORIDA. INC.
A' ,~/~
David T. And rson Þ
Project Manager ,
UJ./Lé)¡~ C~. {~
Veronica A. Halpin .
. Project Manager
~ SEACRST1.DTAle
N NUTTING
. ENVIRONMENTAL
E OF FLORIDA. INC.
DEC-20-1995 16:51 SUBSURFACE DETECTION P.08
SUBSURFACE DETECTION INVESTIGATIONS, INC.
PROPOSAL ACCEPTANCE' SHEET
Description of Services Perform a Ground penetratin¡ R~ti~... Survey
Project Name Sea.crest Property ACQ}lil'ljtion ~ite
Proj ect Lo~ation De1ray Reach. Florida
Proposal Number 953040
Proposal Date ~ber 19.1995
Proposed Project Cost $2,665.00 or $4125.00
CHARGE INVOICE TO THE ACCOUNT OF:
Firm Nutting Environmental Florida, Tnc
Address 131 0 NE;ptune Drive~ Boynton Beach. FL 33426
Telephone No. (407) 732-7200 Fax No. (407) 7'~7-997S
Attention Ms Vemni~ Halpin Title PrQject ManElger
FOR APPROVAL OF CHARGES:
Firm
Address
Telephone No. Fax No.
Attention Title
SPECIAL INSTRUCTIONS:
PAYMENT TERMS: Net 30 days from invoice date. A latcpaymcnt of 18 percent per annum or the
maximum amount allowed by law may be added in the event payment is not made when due.
PROPOSAL ACCEPTANCE:
I hereby accept the terms and conditions of this proposaJ.
Signatw-e of Authorized Representative Date
Printed. or typed name and title
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12/1.8/95 17:16 FAX 407 995 9830 HANDEX/HFP 141005
œ:c: 14'95 94: 59PM ruTTING P.3
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Attach any additional contraw01f'ler Informa1lon nollncluclect on the bId farm. NeF
strongly recommends visiting the .Ite to view ~rrem ggndltloOl prtor to lubmlttlng your
proposal. Your bid should be based on the followinQ (descrfpt~ provided by client):
¡
· NEF was informed that ..ven of the sbdeen tanks were reportedly removed In tank
location. '·7.
· P.rformance of exploratory teet øltltn tank tocatlon. 1-7.
· Removal of the slxtHn underground atora¡e tanks (UST.) In accorda~ with
applicable federaJ, state and IDcalreQulatton..
· The approxrmate tank sizes or pads are.. fellows:
-
Tanka 1 - 6: -3.000 gallens
Tank 7: ..8eO gaJlons (waste 011)
Tank 8: ...5' x 3' pad
Tank &: -31 X 3' pad
Tank 10: -S' X 5' pad
Tank 11: -28')C r pad
Tank 12: -20' X 8' pad
Tank 13: -4' x 4' pad
Tank 14: -S' x 3' pad
Tank 15: -3' X 3' pad
Tank 16: -r )(5' pad
.
Please forward one copy'of yoyr blclto our office and on. goPY to the client at
City of Celray Beach
434 S. Swinton Ave.
Celray Beach, Fl. 33444
Ann: Mr. Kevin ~.ccm. Phone (407) 243-7337 FAX (407) 243-7314
B~ reœlved by the d.-dlln. atated above wHIÞe revl~ and . contr&ctor wtll be
aelected. The client will ~. contracting directly with the company..Iect8d and with
NEF for øreparatlon of the Tank Closure Assusment Report. A. auch, authorization to
proceed, depoalts, and final payment Will be pro.vlded by the client.
Sincerely,
NUTTINQ EtNJAONMENTAL 0' FLORIDA, INC.
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Andrew B. Ptlter'8Ol'1, REP, CHM
Senior Project Manager
.-ädbh
I NUTTING
!~!œ~~ENTAL
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12/.18/~õ 17:17 FAX 407 995 9830 H.-\NDEXlHFP !4J 006
I£C 14 ·95 as:.... HJTTING P.4
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Tank Removal Bid Form
Tank &xcavatlon and Removal:
· Fumlsh required drawing(s) and obtain municipal and regulatory agency
permlt(s) and submit proper notificalion(l) to regulatcry agencies to
ob1aIn cIoIure Dcense(.). $ 1619.00
· MobilIZatIon to site. $ 51;i9.50
· Saw cut concntelasphalt area of excavatlon(a). S 438.00
· P'en"r W1k($) vapor free (test with LEL metef), haul from the Job site
and prapeny dispose. MiU1ifeat tank/cor1tIInlll nnaport and œ.posal 110,087.00
actIvltlø and transmit completed copies.
· ClsœMect, drain. remove. or cap aD product. dlspel1ler, kiosk. vent. ml,
and manifold IIn.. Secure elec:tricalael'Yice. $ !5B4.DO
· BacIdßI and property COI'J1p&Ct excavatlon(s) to ¡rade with dean granular
fill and prepIn h former excavation area for repairing. S 9,949.50
· Aemoq debris generated during oontracted aotlVitiee and properly
dispose off Site. S 1,725.00
* . AllUrfaCe e-=avatton with concrete slab to grade with 8- by 6' wire ~
relnforceme", subsequent to completion of ctosure activltl... . I ;l.tt/17/.ço
N/& square teet. NI A Isquare foot $ . MIA
* . R..urrace excavation with asphalt to grade subsequent to completion of
claw... activiti...
NI A . square feat . Nt A Isquare foat, S N/A
* As per .Y converS8~lon .ith Mr. Kavin Becott. aF the eity aF
Delray Beach, the, r.esürFecing portion of this bid _ill not~be
per-ror.ed. The City o~ Delrey e..ch .i1l be plenting gr..s in
tbese .rees in.t.ad of resur~8clng with concrete or ..ph.It.
N/A = No~ Applic8ble
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I NUTTING
ENVIRONMENTAL
Of' FI.OIIIOA. INC.
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12/18/95 17:15 F.~ 407 995 9830 HANDEI/HFP !4J002
. œc 14 195 as: BiFM flUTTI..... P.S
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Contingency Items .
Pump and dispose of flulda from tank(S):
· MobHIzation of vacuum truck. .
3 day(s) CD $ 0.00 Iday Contingency
· Disposal of removed ftuids.
VolulM AIIt1'IO\I8d . So. 75 /gallon Contingency
· Two technicians to pump fluids from ulc(.).
TIme on site . $51 .75 Ihcur Contingency
Remove and dilpOM of .Iudge from tank(8):
I
· MobOlzatJon of Vacuum or pump truck and suppart vehicle.
3 day(s) . S 0 Iday Contingency
· PftMsion of S5 gaflon drums 0 S $,8 .75 (drum Contingency
· Coileetlon of sludge sample for predlspclal chlractllrfzatfon
testing.
. $ eo I$ampl. Contingency
· PredI$posaI charact8tization of sludsze-:to be provided by NEF. N'A
· Two techniclane to pump slUdge from tank(8)
. . 51 .75 /hour per technician. Contingency
· Dtsposal of no~""azardou. .Iud;. $WD . B3Jdrum ContIngency
· CispcsaJ of hazardous .Judge 0 $3.D4~ 7S/drum Contingency
I NUTTING
ENVIRONMENTAL
0.. PLOIUDA. INC.
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12/18/9:5 11:1:5 F.~ 401 99:5 9830 IL\NDE:t/HFP iii 003
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DEC 14'95 æ;: IæPM rtJTTING
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Excavdon .nd disposal of ...xc._vely contllmln...... ~iI:
Should 4Iucnslwly contaminated" soli (ae defined In Chapter 62..770
Florida Administrative Cod. as currently adoptlld by the DSP) be
encountered during tank removal activitl.s. th. tainted seil win be
containerized within 55..gaJlon drums or placed on bermed vi.queen
plastic sheeting pending disposal. The 1011 will be excavated and
dllpoaecl according to the followtng unlt8 .-tel (Quantity to be baaed
on time spant on site and the VOlume excavated):
· Provieion of ea gallon drums . $ 2S _ 75 Jdrum Contingency
· Provision Of roJIs of 'IIsque8ft plastic sheeting 0 S ~ - DO ¡roll Contingency
· Trackhoe rental with operator. S as. co /hour ContIngency
· COmbination backhoe rental with operator 0 a 58 _ DO /hour Contlng.ncy
· Teehnlclan . $ 3S. DO /hour Comlngency
· Prec:nspOMl charaerizatlon of tainted soH at state certified
8nVlronmentallaÞoratory (baed on non-hlZlrdcus petroceum wute.
hazardous waite by separabt quot8). To be provided by NEF. NlA
· Transportation and disposill of œntandnated SOil by separate quct&
blled on the ..... Qf Ute above analySis. Contingency
· Provision of Clean backftU (to replace excavattd sol) . S '7. OD lcublc Contingency
yatd In place.
Tank Removal Total (excluding Cantlngency Items) .
* Add $200.00 per ~a"k ~or di~pos.l o~ eaQh.Fibergla~~ ~.nk discov.r.d.
Th. bid submitted by m'y firm (the above shMts, and attached c=antrac;:t) Indud.. all the
costs usoclated with an appropriate scape of work for removal of the tank(a) on the
subjed property. This bid. is valid for sixty (eo) days.
:~~~~) Date: 12/18/95
Phcn.:r 407' g!;l5-9551
" NUTTING
. ~~~~~~~ENTAL
, '
. ~2(18/95 17:16 FAX 407 995 9830 HANDEI/HFP !4J 004
ŒC 14'95 05:01PM f\I.lTTING P.1
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