Rick Scott Florida Department of Governor
Environmental Protection Carlos Lopez-Cantera Lt. Governor Bob Martinez Center 2600 Blair Stone Road Jonathan P. Steverson Tallahassee, Florida 32399-2400 Interim Secretary
July 22, 2015
Carolyn Bailey EE&G Environmental Services, LLC 5751 Miami Lakes Drive Miami Lakes, FL 33014
Dear Carolyn Bailey:
Your registration application for EE&G Environmental Services, LLC - Site 2, located at MM 8, US Highway 1 (Vacant Land), Rockland Key, in Monroe County has been received. The application indicated this facility is operating as a:
Yard Trash Transfer Station X Yard Trash Recycling Facility Manure Blending Operation Vegetative, Animal Byproducts or Manure Composting Facility
And processing the following:
X Yard trash (including clean wood) Manure Animal byproducts (composting) Vegetative wastes (composting) Pre-consumer vegetative (composting)
The registration application is complete, and is valid until August 1, 2016. The WACS identification number for this facility is 00102496. The receipt number for the registration fee you paid is 885987.
You must comply with the requirements specified in Rule 62-709.320, and Rules 62-709.330 or 62-709.350, Florida Administrative Code (F.A.C.), in order to maintain qualification for the registration program. A summary of the operating requirements is enclosed.
www.dep.state.fl.us July 22, 2015 Carolyn Bailey Page 2 of 2
If you need further information, please contact the Division of Waste Management, Waste Registration Section at the above address, Mail Station 4550, telephone (850) 245-8707, or email [email protected].
Sincerely,
Planner I Waste Registration Section
Enclosure cc: Mark Sautter, South District 5751 Miami Lakes Drive Miami Lakes, Florida 33014 EEb-G Tel (305) 374-8300 Environmental Services, LLC. Fax (305) 374-9004
July 17, 2015 JUL 21 20\5 l Department of Environmental Protection Solid Waste Section, MS 4565 '\ .�: \.. ,\'." ,· 2600 Blair Stone Road . __J Tallahassee, FL 32399-2400 I
RE New Yard Trash Recycling Registration - Site Modification EE&G Environmental Services, LLC - Site #2 Vacant Land at MM 8, US Highway #1, Rockland Key, Monroe County, FL
To Whom It May Concern:
EE&G Environmental Services, LLC (EE&G) is submitting the attached NEW site location for the new Yard Trash Recycling site. This location is at the same address and on the same tax parcel as the former location submitted with the registration form in June 2015. After meeting with Ed Russell on site, it was determined the proposed location did not meet the FLDEP setback requirements; the attached NEW location was determined to meet the setback requirements of the FLDEP and has been approved by Mr. Russell.
The operation at the former Yard Trash Recycling operation under the WACS identification number 95165 is in the process of being relocated to the above location.
Attached is a copy of the signed Registration form submitted in June with a revised Parcel Map showing the modified location, an aerial map and the GPS coordinates. .
Please call me at (305) 374-8300 or email me at: [email protected] with any questions.
Attachments cc: Hugh Spinney, Safe Harbour Industries, Inc.
Miami Melbourne Tampa Orlando Atlanta DEP Form # 62-709.901(3) h Florida Department of App! for Reg. and Ann Rep for a YT Trans Form Title Station or SW Orqanic Recycling Facilitv >KTK)£fpyjPQPPP,gPl-2l Protection Effective Date XXXX DEP Facility ID No. 1 8 2015 I Solid Waste Section, Mail Station 4S65 (Filled in by DEP) DEP WACS ID No: 102496 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 (Filled in by DEP) This form is adopted by reference in subsection 62- PI i.- -••ISC, .>i COMPI.1 "vVi 709.901(3), F.A.C. \S'- " ( 'I Vl<(\ ' ', \l I
Application iforJSegistratibn and.AhnuaUReport for a Yard Trash Transfer Station or a Solid Waste Organics Recycling Facility
PART A - GENERAL INFORMATION |
1. Type of Application; New ^ Renewal (due July 1) Annual report only for facility operating under permit; 2. Type of Facility: Yard trash recycling Manure blending Yard trash transfer station Vegetative, animal byproducts or manure composting
3. Type of Waste Processed; Yard trash JK^ Manure Animal byproducts Pre-consumer Vegetative Vegetative (could/did come into contact with animal products or byproducts or end user)
4. Facility Name: EE&G Environmental Services, LLC - Site 2
5. Registrant Name (or Permittee if annual report only): EE&G Environmental Services, LLC
6. Federal Employer Identification Number: 86-1106600
7. Mailing Address: 5751 Miami Lakes Drive
City Miami Lakes State FL Zip 33014
Street Mailing Address (if different);
City State Zip
Facility Location - Street Address or Property Number; Vacant Land at MM 8 US, Highway #1 - see attached map
City Rockland Key County Monroe
9. Contact Person: Carolyn Bailey Telephone; (305) 374-8300
PART B - ADDITIONAL INFORMATION REQUIRED FOR REGISTRATION APPLICATION
10. Records required by Rule 62-709.320, F.A.C, will be kept at the facility? Yes No _X_
If no, please indicate where these records will be kept and made available upon Department request to review the records;
6003 Peninsular Ave., #3, Key West, FL 33040 and 5751 Miami Lakes Drive, Miami Lakes, FL 33014
11. Does the registrant own the facility site? Yes No
If you answered no, please attach evidence that the facility owner or operator has permission from the landowner to operate a yard trash transfer station or a solid waste organics recycling facility at this site. See attached Lease
12. Has the organic recycling facility begun operations? ^''^ Preparation for operation shall commence yes No X ^ ' ^ ' ^ ^ 7/1/2015; operation to commence 8/1/2015 _ 2 If this facility was operating in the previous calendar year, the annual report in Part C must be completed. [sj /\ "i- vD'
13. Include a check or money order for the $35.00 registration fee made payable to the Florida Department of Environmental' Protection. 3S5> I affirm that I have read Rules 62-709.320, 62-709.330 and 62-709.350, F.A.C, and shall comply with the requirements specified in those rules. I also affirm that the information provided in the applicatign.,is true-.-gccurater-and correct to the best of my knowledge. I have attached all documents and/or authorizations that'afi ' '
Carolyn Bailey, VP Print Name and Title of Registrant or Authorized Agent /^/^Z/S
Email address (if available): cbailey(geeandg.com
Page 1 of 2 PART C - ANNUAL REPORT
14. Calendar Year (January 1 through December 31) Covered by this Report;
15. Values used in this report are in (SELECT ONE): Tons Q Cubic Yards Q
16. For Existing Facilities that have not reported this information in the past, Amount of
a. Unprocessed Material On Site at Beginning of Report Year:
b. Processed Material On Site at Beginning of Report Year (total):
17. Total Quantity of Material Received During Report Year;
18. Total Quantity of IVIaterial Lost Due to Processing (e.g. grinding, drying, shrinkage, fires, etc.) During Report Year;
19. Total Quantity of Material Removed from Site for;
a. Use (e.g., landfill cover, fuel, mulch, compost, etc.);
b. Disposal:
c. Other (transfer stations)
20. Total Quantity On Site at End of Report Year of:
a. Unprocessed IVIaterial;
b. Processed Material:
Note that the total sum of items 16a and b plus 17 must equal to sum of items 18, plus 19 a, b and c, plus 20 a and b. Total of items 16 and 17 Total of Items 18, 19 and 20
I affirm that the information provided in the annual report is true, accurate, and correct to the best of my knowledge.
Print Name and Title of Registrant/Permittee or Signature Date Authorized Agent
Email address (if available);
PART D - MAILING INSTRUCTIONS
Remember to include the $35.00 fee if this is also a registration application. Mail completed form to:
Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400
DEP Form # 62-709.910(3) Page 2 of 2 Effective XX/XX/XXXX
5751 Miami Lakes Drive Miami Lakes, Florida 33014 Tel (305) 374-8300 Environmental Services, LLC Fax (305) 374-9004
March 12, 2014
Rockland Operations, LLC Mile Marker 9, US 1 Highway 1 Key West, Florida 33040 Attn: Ron Armstrong
Re: Clarification of Deposit Monies for the Lease Agreement between EE&G Environmental Services, LLC (EE&G) and Rockland Operations, LLC (Rockland Operations)
Dear Mr, Armstrong:
This letter is to clarify the date upon which the Security Deposit monies as set forth in Article 2.2 of the above Lease Agreement are due to Rockland Operations, Article 2.2 states the Security Deposit is due, "Simultaneously with the execution and delivery of this Agreement,...". The Lease Agreement Term does not start until August 1, 2015. This letter is to provide clarification that both parties agree that the Security Deposit of eight thousand dollars ($8,000.00) will be delivered to Rockland Operations prior to July 1, 2015 when EE&G is allowed to enter onto the Property for the purposes of site preparation. Please sign below that you are in agreement with this clarification.
Vice President EE&G Environmental Services' LLC
Agreed and Accepted:
Rockland Operations, LLC
By:
Name: Fr°'-oK— P I'ofYPlnO Date: 3> j Yl^f I ^1
Miami Melbourne Tampa Orlando Nigeria COMMERCIAL LEASE
FUNDAMENTAL LEASE PROVISIONS
LEASED PREMISES: Vacant Land at MM 8, US Highway 1 Rockland Key, Florida 33040 Located at RE No.: 00122080-000000 As Depicted in Exhibit "A", made a part hereof
DATE OF LEASE; August 1, 2015
LANDLORD: Rockland Operations, LLC
Vacant Land at MM 8, US Highway 1 ADDRESS OF LANDLORD: Rockland Key, Florida 33040
EE&G Environmental Services, LLC TENANT: 5751 Miami Lakes Drive, Miami Lakes, Florida 33014 ADDRESS OF TENANT: 6 Months, with Three (3) 12-Month Optional Renewal Terms LEASE TERM: August 1, 2015 - February 1, 2016 - $4,000.00 plus applicable sales tax RENTAL PAYMENT: February 1, 2016 - January 31, 2017 - $4,080.00 plus applicable sales tax February 1,2017- January 31, 2018 - $4,161.60 plus applicable sales tax February 1, 2018 - January 31, 2019 - $4,244.83 plus applicable sales tax
SECURITY DEPOSIT: $4,000.00
POSSESSION; July 1,2015
DUE AT POSSESSION: First and last month rent and security deposit in the amount of$12,000.00.
FIRST MONTH RENT; $4,000.00, plus applicable sales tax
NATURE OF TENANT'S Beach cleaning and seaweed removal BUSINESS; LEASE AGREEMENT
THIS LEASE AGREEMENT (this "Agreement") is entered into as of this day of February 2014, by and between EE&G EnviroDmental Services, LLC (EE&G) and Rockland Operations, LLC ("Rocltland Operations").
WITNESSETH:
WHEREAS, Rockland Operations is the owner of that certain real property located at Mile Marker 8, US Highway 1, Rockland Key, Florida 33040, RE No. 00122080-000000 legally described on Exhibit A attached hereto and incorporated by this reference ("Property"); and
WHEREAS, EE&G has entered into an agreement with Monroe County, the City of Key West, and certain private parties for the removal of seaweed ("Seaweed") from certain designated sites as more particularly described therein ("Beach Cleaning Contract"); and
WHEREAS, Rockland Operations and EE&G have agreed to lease approximately 1.0 acres of the Property, as more particularly depicted on the sketch attached hereto on Exhibit B ("Premises") to stockpile, store, dry, spread, load, unload, and remove, as applicable, Seaweed; and
WHEREAS, Rockland Operations, to the extent legally permissible, intends to use the mixed Seaweed and sand as a soil additive for fertilizer/fill, or any other legally permissible use.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerarion, the receipt and sufficiency of which are hereby acknowledged, each of the parties hereby agrees as follows;
ARTICLE I - LEASE
1.1 Grant of Occupancy. Rockland Operations hereby leases to EE&G, and EE&G hereby accepts possession from Rockland Operations, the Premises for the exclusive use to stockpile, dry, spread, load, unload and store Seaweed on the Premises and for the storage of trailers, vehicles and trucks, building materials and equipment, all in accordance with the terms hereof and the work plan attached as Exhibit C, hereto, together with reasonable ingress and egress to the Premises. Rockland Operations retains the right to enter upon the Premises to remove the Seaweed from the Premises for purposes of making fertilizer, use as fill or any other legally permissible use of the dried Seaweed. Except for provided in Article III and Section 4.2(c) herein, EE&G shall be under no obligation to remove any Seaweed from the Premises for the duration of this Lease Agreement. Except for provided in Article III and Section 4.2(c) herein, Rockland Operations shall assume all responsibility for the removal or disposal of any and all Seaweed stored on the Premises.
1.2 Cooperation; Access. EE&G and Rockland Operations agree to work together to coordinate their activities on the Property to not interfere with the activities of the other party or any of their employees, contractors. Affiliates, agents or representatives ("Agents"). EE&G and its Agents will have access to the Premises twenty-four (24) hours a day, seven (7) days a week.
1.3 Relocation of EE&G Premises. Rockland Operations, at its sole discretion, may elect to relocate EE&G's 1.0 acre Premises to another location on the Property or to any other property that Rockland Operations owns on Rockland Key so long as the leased Premises consists of 1.0 acres and has ingress and egress. If Rockland Operations elects to relocate EE&G's operations to a different iocation on the Property or any other property owned by Rockland Operations, Rockland Operations shall be responsible for any and all reasonable costs associated with relocating EE&G to a different location, including but not limited EE&G's reasonable costs to perform a Phase II Environmental Site Assessment of the area EE&G is relocated to, ARTICLE II - RENTAL PAYMENTS AND SECURITY DEPOSIT
2.1 EE&G Lease Payment. As consideration for this Lease and all activities contemplated herein, EE&G will pay to Rockland Operations a rental payment in the amount of Four Thousand Dollars ($4,000.00) per month plus sales tax of 7.5%, payable monthly on the first day of each month beginnmg on the first day of the calendar month of the Commencement Date. Appropriate prorations will be made if the Commencement Date is not on the first day of a calendar month, or if the Termination Date is not on the last day of a calendar month. If payment is not received by the 5th day of any month, a late penalty of 5% of the unpaid amount shall be immediately due and payable. In addition, interest at the rate of 18% per annum shall be charged on any unpaid amounts after the 5th of the month. Beginning with the first day of each renewal period, the rental payment shall be increased by 2% per annum and the monthly rate adjusted accordingly. The monthly rental payment for each rental period contemplated under this agreement, excluding sales tax, is as follows;
August 1, 2015 - February 1, 2016 - $4,000.00 plus applicable sales tax February 1, 2016-January 31, 2017 - $4,080.00 plus applicable sales tax February 1, 2017 - January 31, 2018 - $4,161.60 plus applicable sales tax Februaiy 1, 2018 - January 31, 2019 - $4,244.83 plus applicable sales tax
2.2 Security Deposit and Last Month's Rent. Simultaneously with the execution and delivery of this Agreement, EE&G has deposited with Rockland Operations the sum of Eight Thousand Dollars ($8,000.00), constituting a Four Thousand Dollar ($4,000.00) security deposit and Four Thousand Dollars ($4,000.00) constituting last month's rent, the receipt of which is hereby acknowledged, which sum shall be retained by Rockland Operations as security for the payment by EE&G of the rental payments herem agreed to be paid and for the faithful performance by EE&G of the terms, conditions and covenants of this Agreement. Rockland Operations shall not be required to pay EE&G any interesi on the security deposit or last month's rent. The security deposit shall be returned within 60 days after the expiration of the term of this Agreement if EE&G has complied with all terms and conditions of this Agreement.
ARTICLE ni - TERM AND TERMINATION
3.1 Term of Agreement. The term of this Agreement (the "Term") will commence on August I, 2015 (the "Commencement Date"), and will terminate after six (6) months from the Commencement Date (the "Termination Date"), unless otherwise extended or terminated pursuant to the terms hereof EE&G shall be permitted to enter onto the Property and occupy the Property for purposes of site preparation after July 1, 2015. Provided that EE&G is not m default hereunder, EE&G will have the riglit to extend the Term of this Agreement for three (3) additional terms of one (1) year each (the "Extension Terms") in its discretion upon delivering written notice to Rockland Operations of its intent to exercise this option to extend not less than sixty (60) days before the expiration of the then applicable Term. Prior to the end of the fmal Extension Term, EE&G may notify Rockland Operations that it desires to continue to lease the Property on a month to month basis until such time as the City has awarded the next beach cleaning contract. If EE&G is successful in being awarded the next beach cleaning contract by the City, the Parties agree to negotiate in good faith a lease renewal based on the fair market value of EE&G leasing the Property from Rockland Operations for the City's next beach cleaning contract term. If EE&G is not awarded the next beach cleaning contract by City, EE&G may notify Rockland Operations of its intent to terminate the lease upon sixty (60) days' notice prior to terminating the lease at which time the Agreement shall terminate 60 days thereafter.
3.2 Extension of Lease Agreement. The Parties may agree to extend this Agreement beyond the Extension Terms contemplated herein if EE&G obtains a renewal of the Beach Cleaning Contracts and desires to extend this Agreement. If EE&G obtains a renewal of the Beach Cleaning Contracts and desires to extend the Agreement, EE&G shall be required to provide written notification to Rockland Operations of its desire to extend the Agreement not less than sixty (60) days before the expiration of the applicable Term. Upon receiving said notice, Rockland Operations and EE&G agree to negotiate in good faith an addendum to this Agreement extending the term of this Agreement based on a fair market value for the contract rent. 3.3 Termination. This Agreement may be terminated at any time;
(a) by the mutual written consent of EE&G and Rockland Operations
(b) by Rockland Operations if (i) EE&G has failed to pay any payment required by this contract within twenty days after receipt by EE&G of written notice of non-payment, (ii) if there are complaints filed by neighbors relating to nuisance caused by the use of the Property, or (iii) there has been a material breach of any covenant or agreement of EE&G set forth in this Agreement, which breach has not been cured within thirty (30) days after written notification thereof has been received by EE&G unless EE&G has commenced a cure withm such thirty (30) day period and then continues to pursue such cure or (iii) Rockland Operations gives twelve months' notice to EE&G;
(c) by EE&G if (i) there has been a breach of any material covenant or agreement of Rockland Operations as set forth in this Agreement, which breach has not been cured within thirty (30) days after written notification thereof has been received by Rockland Operations, (ii) there has been an order or judgment by a court of competent jurisdiction that all or any portion of the Premises necessary for the operation of the Lease cannot be utilized as provided for in this agreement, (iii) there is a partial or total taking by condemnation of the Property, (iv) the Premises is partially or totally destroyed by casualty and EE&G determines, in EE&G's sole discretion, that the Premises cannot be used for EE&G's intended purpose, (v) the Beach Cleaning Contract expires or is terminated, (vi) the Permit is canceled, revoked or terminated, (vii) if there are complaints filed by neighbors relating to nuisance caused by the use of the Premises, (viii) EE&G is prohibited from using the Premises for the uses identified herein as a result of any event of force majeure, change in Law, rezoning or variance, including, but not limited to the limitation on the amount of Seaweed which can be stored and dried on the Premises, (ix) the investigation by any Govemmental Authority claiming a violation of any Laws resulting from the use of the Property for the purposes set forth herein.
3.4 Effect of Termination. In the event of termination of this Agreement, this Agreement will forthwith become void and, except as otherwise provided herein, there will be no liability thereafter on the part of either party hereto. On the Expiration Date or any sooner termination, EE&G will vacate the Premises and remove its equipment therefrom and cause any sublessees to remove any equipment therefi-om. If on the Expiration Date or any sooner termination, there is any Seaweed remainmg on the Premises not desired by Rockland Operations, EE&G will remove the Seaweed, provided that: (i) Rockland has provided EE&G with at least thirty (30) days' prior written notice requesting EE&G remove the Seaweed and (ii) any Seaweed will be allowed to remain on the Premises free of charge until it is completely dried prior to EE&G removing same.
ARTICLE rv - RESPONSIBILITIES
4.1 Rockland Operations' Responsibilities.
(a) Removal. Rockland Operations is responsible for the removal of the Seaweed and sand from the Premises for use as fertilizer/fill, or any other legally permissible use after it has been dried and stockpiled by EE&G.
(b) Maintenance. Rockland Operations will maintain all means of ingress and egress to the Premises.
(c) Insurance. Rockland Operations will maintain (i) commercial general liability insurance against any and ail damages and liability arising out of mjuries to or the death of any person or damage to property, however, occasioned, in or about the Property in amounts not less than $1,000,000 per occurrence and not less than $2,000,000 in the annual aggregate, covering bodily injury and property damage liability, and (ii) all-risk coverage protecting Rockland Operations against loss of or damage to Rockland Operations' equipment, fixtures and personal property situated in or about the Property to the full replacement value of the property. Rockland Operations will cause the foregoing insurance policies to name EE&G as an additional insured.
4.2 EE&G Responsibilities. (a) Environmental Report. EE&G shall conduct testing of the soil and groundwater at the Property which shall be evidenced by a report titled "Summary of Soil and Groundwater Analytical Results Phase 11 Environmental Site Assessment" (the "Environmental Assessment"). EE&G and Rockland Operations agree to acknowledge the fmdings of the Enviroimiental Assessment. Rockland Operations' further acknowledges that if the Environmental Assessment clearly identifies that regulated constituents (Hazardous Materials) are present at concentrations that exceed the cleanup target levels defined in Chapter 62-777 of the Florida Administrative Code. EE&G shall have no responsibility for any Hazardous Materials identified in the Environmental Assessment and Rockland Operations' will defend and hold harmless EE&G from all claims related thereto.
(b) Fill. Prior to bringing any Seaweed on the Premises, EE&G will be permitted, but not obligated, to place a layer of clean fill material on the Premises (the "Fill") to provide a separation between the existing subsurface and the Seaweed.
(c) Removal. During the term of this Agreement, if there is Undesired Seaweed designated by FDEP, EE&G will remove the Undesired Seaweed after it is dried. In no event will EE&G be required to remove the Undesired Seaweed prior to the completion of its drying. EE&G shall use commercially reasonable efforts not to disrupt or remove the FiU from the Premises when it removes the Undesired Seaweed. EE&G will remove all trash generated from the removal of the Seaweed from the Premises.
(d) Seaweed. EE&G will deliver the Seaweed to the Property free of visible man-made solid waste.
(e) Permits. EE&G will obtain and maintain from the Florida Department of Environmental Protection ("FDEP") a permit for processing of yard trash in accordance with Chapter 62-709, Florida Administrative Code (the "Permit"), and any other permits required to perform its responsibilities under this Agreement.
(f) Insurance. Prior to the Commencement Date, EE&G will have obtained (i) commercial general liability insurance against any and all damages and liability arising out of injuries to or the death of any person or damage to property, however, occasioned, in or about the Property in amounts not less than $ 1,000,000 per occurrence and not less than $2,000,000 in the annual aggregate, covering bodily injury and property damage liability, (ii) all-risk coverage protecting EE&G against loss of or damage to EE&G's equipment, fixtures and personal property situated in or about the Property to the full replacement value of the property so insured, (iii) workman's' compensation insurance in no less than the minimum limits required by the State of Florida, and (iv) comprehensive automobile liability insurance. The insurance policy identified under subpart (i) above will name Rockland Operations as an additional insured and will require notice be given to Rockland Operations thirty (30) days prior to termination or expiration thereof EE&G will fumish to Rockland Operations proof of the insurance required on or prior to the Commencement Date.
ARTICLE V - REPRESENTATIONS AND WARRANTIES
5.1 Representations and Warranties of Rockland Operations. Rockland Operations hereby represents, warrants and covenants to EE&G that:
(a) Ownership: Authorization. Rockland Operations is the sole and exclusive owner of the Property and this Agreement constitutes the legal, valid and binding obligation of Rockland Operations, enforceable against Rockland Operations in accordance with its terms. Rockland Operations has taken all necessary action to authorize and approve the execution and delivery of this Agreement and the constmiraation of the transactions contemplated by this Agreement.
(b) No Assignment. Rockland Operations has not assigned, conveyed, licensed, transferred or granted any interest, right or license to any third party in or to the Premises that conflicts with the rights conveyed herem. As of the date hereof, the exercise by EE&G of its rights to the Premises in accordance with the terms of this Agreement will not violate or infringe any rights of any third party. (c) Violations. Rockland Operations has not received notification from any third party or Govemmental Authority of any violations on the Property and there are no condemnation or eminent domain proceedings pending, or to Rockland Operations' knowledge, threatened or affecting the Property or any portion thereof or interest therem.
(d) Actions. As of the date hereof there are no claims, actions, suits, arbitrations, inquiries, proceedings or investigations by or before any Govemmental Authority (as hereinafter defined) ("Actions") by or agamst Rockland Operations relating to the Property pending before any Govemmental Authority (or, to the best knowledge of Rockland, threatened to be brought by or before any Govemmental Authority). Neither Rockland Operations nor any of the Property is subject to any Govemmental Order (nor, to the best knowledge of Rockland Operations, are there any such Govemmental Orders threatened to be imposed by any Govemmental Authority). For purposes herein, "Governmental Authority" means any United States federal, state or local or any foreign government, govemmental, regulatory or admmistration authority, agency or commission or any court, tribunal or judicial or arbitral body and "Governmental Order" means any order, writ, judgment, injunction, decree, stipulation, determmation of award entered by or with any Govemmental Authority.
(e) Compliance with Laws. Rockland Operations will conduct its business so as to not cause a violation of any federal, state, local or foreign statute, law, ordinance, regulation, rule, code, order, other requirement or rule of law ("Law") applicable to Rockland Operations or to the Property that would materially or adversely affect the ability of EE&G to utilize the Premise as contemplated in this Agreement.
5.2 Representations and Warranties of EE&G.
(a) Authorization. This Agreement constitutes the legal, valid and binding obligation of EE&G, enforceable against EE&G m accordance with its terms. EE&G has taken all necessary action to authorize and approve the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement.
(b) Compliance with Laws. EE&G will conduct its business so as to not cause a violation of any Law applicable to EE&G or to the Property that would materially or adversely affect the Property.
(c) Storage of Equipment. Neither EE&G nor its Affiliates will store their equipment on the Premises in any way that could cause any Hazardous Materials to affect the Property.
(d) Environmental. EE&G will not cause or permit any Hazardous Materials to be brought upon, kept, stored, discharged, released or used in, under or about any portion of the Property by EE&G, provided, EE&G or its Affiliates may brmg onto the Premises Hazardous Materials necessary in EE&G's nonnal business operations. EE&G shall not be responsible for removing any Hazardous Materials from the Seaweed that was caused by Rockland Operations operation of the Property. EE&G shall not be responsible for any Hazardous Materials brought upon, kept, stored, discharged, released or used in, under or about any portion of the Property as a result of Rockland Operations' operations of the Property.
(e) Disclaimer of Implied Warranties. Except as expressly and specifically provided herem, EE&G makes no representations or warranties to Rockland Operations or to any other individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated organization, govenmiental entity or other entity regarding the merchantability, suitability, fitness for a particular use or purpose or otherwise of the Seaweed.
(f) Seaweed. The parties agree that generally seaweed does not contain hazardous substances and therefore will not adversely impact the soil and groundwater on the Property. Seaweed is vegetative debris, and the Premises will be used for storing and drying the Seaweed to enable Rockland Operations to use the dried materials for fertilizer/fill. EE&G will have no responsibility or liability for the use of the Seaweed by Rockland Operations, whether used for fertilizer/fill or otherwise. ARTICLE VI - INDEMNIFICATION 6.1 Survival of Hazardous Material Obligations. The provisions of this Agreement concerning Hazardous Materials and the parties' rights and obligations to the other party provided for herein shall survive the termination or expiration of this Agreement.
6.2 Indemnification.
(a) General. Each of Rockland Operations and EE&G and its Affiliates, officers, directors, employees, agents, successors aiid assigns (each an "Indemnified Party") will be indemnified and held hannless by the other party (the "Indemnifying Party") for any and all liabilities, losses, damages, claims, costs and expenses, interest, awards, judgments and penalties (including, without limitation, reasonable attorneys' and consultants' fees and expenses) actually suffered or incurred by them (including, without limitation, any action brought or otherwise initiated by any of them)(hereinafter a "Loss"), arising out of or resulting from the breach of any representation, warranty, covenant or agreement made by the Indemnifying Party contained in this Agreement.
(b) End-Users. EE&G and its Indemnified Parties will be indemnified and held hannless by Rockland Operations for any Loss arising out of or resulting from Rockland Operations' use or sale of the Seaweed including any claims made by End Users of the Fertilizer. For purposes herein, "End Users" means all customers, dealers, purchasers, distributors or sales agents of the Fertilizer or Seaweed and "AfTiliates" means, with respect to any Person, any other Person that directly or indirectly through one or more intermediary controls, is controlled by, or is under common control with such Person.
(c) Environmental.
(i) The term "Environmental Law" means any present and future Laws that relate to Hazardous Materials (as hereinafter defined), including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act and the Resource Conservation and Recovery Act and similar federal state and local laws, rules and regulations. The term "Hazardous Materials" shall mean pefroleum and petroleum products and compounds containing them, including gasoline, diesel fijel and oil; explosives, flammable materials; radioactive materials; polychlorinated biphenyls and compounds containing them; any substance the presence of which on the Property is prohibited by Govermnent Authority; any substance that requires special handling; and any other material or substance now or in the future defined as a "hazardous substance," "hazardous material," "hazardous waste," "toxic substance," "toxic pollutant," "contammant," "pollutant" or other words of similar import within the meaning of any Environmental Law.
(ii) EE&G and Rockland Operations covenants and agree at their sole cost and expense, to protect, defend, indemnify, release and hold the other party and its related Indemnified Parties harmless from and agamst any and all Losses imposed upon or incurred by or asserted against any Indemnified Parties and directly or indirectly arising out of such parties use and operations on the Property. In addition, Rockland Operations agrees to protect, defend, indemnify, release and hold EE&G and its related Indemnified Parties harmless from and against any and all Hazardous Materials identified or that may be identified in an Environmental Assessment of the Property prior to EE&G's occupation.
ARTICLE VII - MISCELLANEOUS 7.1 Notices. All notices, requests, claims, demands and other communications hereunder will be in writing and will be given or made (and will be deemed to have been duly given or made upon receipt) by delivery in person, by courier service, by cable, by telecopy, by telegram, by telex or by registered or certified mail (postage prepaid, retum receipt requested) to the respective parties at the following addresses (or at such other address for a party as will be specified in a notice given in accordance with this Section 7.1):
if to Rockland Operations: Rockland Operations Mile Marker 9, US 1 Highway I Key West, Florida 33040 Fax: (305) Attention: Ronald J. Armstrong
if to EE&G; EE&G Environmental Services, LLC 5751 Miami Lakes Drive Miami Lakes, Florida 33014 Fax; (305) 374-9004 Attention: Ms. Carolyn Bailey 7.2 Severability. If any term or other provision of this Agreement is mvalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of this Agreement will nevertheless remain in full force and effect.
7.3 Entire Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersedes all prior agreements and undertakings, both written and oral, between Rockland Operations and EE&G with respect to the subject matter hereof and thereof
7.4 Assignment; Sub-lessees. EE&G will not have the right to assign this Agreement or to sublease any of its rights hereunder, except upon the consent of Rockland Operations.
7.5 No Third Party Beneficiaries. This Agreement will be binding upon and inure solely to the benefit of the parties hereto and their permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
7.6 Amendment. This Agreement may not be amended or modified except by an instnmient in writing signed by, or on behalf of, Rockland Operations and EE&G.
7.7 Goveming Law/Jurisdiction. This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida. All actions and proceedings arising out of or relating to this Agreement will be heard and determined in any Florida state or federal court sitting in the County of Monroe and the parties hereby submit to the personal jurisdiction of such court.
7.8 Counterparts. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterparts and delivered by facsimile, each of which when executed will be deemed to be an original but all of which taken together will constitute one and the same agreement.
7.9 Non-Waiver. A failure of either party to enforce at any time any term, provision or condition of this Agreement, or to exercise any right or option herein, will in no way operate as a waiver thereof, nor will any single or partial exercise preclude any other right or option herein; ui no way whatsoever will a waiver of any term, provision or condition of this Agreement be valid unless in writing, signed by tlie waiving party, and only to the extent set forth in such writing.
7.10 Attorneys' Fees. If EE&G or Rockland Operations incur any expense in enforcing the terms of this Agreement whether suit be brought or not, the prevailing party will be reimbursed for all such costs and expenses mcluding to but not limited to reasonable costs and attorney's fees.
7.11 Time. Time is of the essence in this Agreement.
7.12 Excuses for Non-Performance. Either EE&G or Rockland Operations will be excused from its obligations under this Agreement to the extent that performance is delayed or prevented by any circumstances reasonably beyond such party's confrol; or by casualty, hurricane, fire, explosion, mechanical breakdown, strikes or other labor frouble, riots or other civil disturbances, or voluntary or involuntary compliance with any law, order, regulation or request of any govemmental authority.
7.13 Memorandum of Lease. The Parties hereby agree to execute the Memorandum of Lease attached hereto as Exhibit D as evidence of the Lease which shall be provided to Monroe County, City of Key West, and any other entities mquiruig into the status of EE&G interest in the Property.
[Rest of page intentionally left blank; Signature page to follow] IN WITNESS WHEREOF, EE&G and Rockland have caused this Agreement to be signed and dehvered by their duly authorized officers, all as of the date hereof
Rockland Operations and Sons. Inc. By: •••^A-'^^ ^• -^T^^^'^ Name: Frank Toppino Title: President
EE& G^-: 11 \'jro n ni.cntflj'Sc IT i c cs, ,LL.C
Bvr''^ .'•y'y/'("X^ ..--^^i Nam e:.gill QI y 11 • Bil 11 ey. V.E- TiUt: Vice President Exhibit A Legal Description
A parcel of land as described in Official Records Book 2072, Page 1708, of the Public Records of Monroe Coimty, Florida, described as follows:
A parcel of land, ponds and borrow pit lying in Govemment Lot 5,6 & 7, Section 21. Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, and being more particularly described as follows:
COMMENCE at the intersection of the centerline of U.S. Highway No. 1 and the west abutment of the Rockland Key Viaduct; thence S 63°09'20" W, along the said centerline of U.S Highway No. 1 a distance of 5000.00 feet; thence N 00°00'0O' W, and along a line lying 222.99 feet east of and parallel to the west line of said Section 21, Township 57 South, Range 26 East a distance of 3430.79 feet to a point lying 2000.00 feet north of the south line of said Section 21 and the POINT OF BEGINNING; thence S 90°00'00" E, and along a line 2000.00 feet north of and parallel with the south line of said Section 21 a distance of 3679.98 feet to the west line of "ROCKLAND VILLAGE No. 2" according to the plat thereof as recorded in Plat Book 7, at Page 17 of the Public Records of Monroe County, Florida; thence N 00°00'00" W, and along the said west line of "ROCKLAND VILLAGE No. 2", and the northerly extension of the said west line a distance of 580.68 feet to the approximate Mean High Water Line of the Gulf of Mexico as located on 11/08/91 and also shown on an aerial photograph, dated 03/09/75; thence meander the said approximate Mean High Water Line in a generally south-westerly direction for the following one hundred and eighty six (186) metes and bounds; thence N 14°30'00" E, a distance of 142.00 feet; thence N 84°41'38" E, a distance of 27.69 feet; thence N 00°53'20" E, a distance of 24.59 feet; thence N 13°03'25" E, a distance of 26.19 feet; thence N 26°06'03" E, a distance of 21.20 feet; thence N 39°51'28" E, a distance of 20.61 feet; thence N 24°23'59" E, a distance of 5.43 feet; thence N 05°38'56" W, a distance of 27.79 feet; thence N 02°56T7" W, a distance of 17.54 feet; thence N 05°18T5" E, a distance of 19.25 feet; thence N 22°24'50" E, a distance of 28.84 feet; thence N 16°31'07" E, a distance of 20.82 feet; thence N 09°17'37" E, a distance of 25.81 feet; thence N 04°20T6" W, a distance of 13.43 feet; thence N 27°48'20" W, a distance of 7.15 feet; thence N 72°21'36" W, a distance of 9.43 feet; thence N 80°02'36" W, a distance of 21.25 feet; thence S 88°22'43" W, a distance of 5.27 feet; thence S 30°37'03" W, a distance of 18.04 feet; thence S 26°15'32" W, a distance of 12.61 feet; thence S 07°24'5I" W, a distance of 21.25 feet; thence S 00°25'41" E, a distance of 25.28 feet; thence S 04°25'06" E, a distance of 17.83 feet; thence S 14°20'14" W, a distance of 10.21 feet; thence S 39°43'53" W, a distance of 7.83 feet; thence S 32°16'48" W, a distance of 17.05 feet; thence S 81°03'56" W, a distance of 16.75 feet; thence S 86°43'03" W, a distance of 25.83 feet; thence S 77°17'44" W, a distance of 30.48 feet; thence S 70°10'55" W, a distance of 64.23 feet; thence S 83°07'00" W, a distance of 43.95 feet; thence S 85°57'06" W, a distance of 68.01 feet; thence S 74°43'15" W, a distance of 71.91 feet; thence S 71°41'50" W, a distance of 143.95 feet; thence S 70°38'30" W, a distance of 171.37 feet; thence S 70°06'33" W, a distance of 153.94 feet; thence S 65°34'13" W, a distance of 144.73 feet; thence S 67°22'14" W, a distance of 113.00 feet; thence S 48°20'46" W, a distance of 16.45 feet; thence S 28°00'04" W, a distance of 22.33 feet; thence S ir06'50" W, a distance of 17.04 feet; thence N 63°58'53" W, a distance of 17.20 feet; thence N 60°I8'36" W, a distance of 16.00 feet; thence N 77°4r53" W, a distance of 37.68 feet; thence S 59°56'49" W, a distance of 11.93 feet; thence S 5r03'15" W, a distance of 18.63 feet; thence S 78°16'31" W, a distance of 15.09 feet; thence N 83°29'49" W, a distance of 17.59 feet; thence N 85°53'4r' W, a distance of 8.25 feet; thence S 80°22'38" W, a distance of 15.25 feet; thence S 68°27'32" W, a distance of 16.58 feet; thence S 65°4r37" W, a distance of 32.90 feet; thence S 75°50'39" W, a distance of 60.00 feet; thence S 80°36'35" W, a distance of 69.10 feet; thence N 48°45'14" W, a distance of 6.49 feet; thence N 28°51'30" E, a distance of 22.14 feet; thence N 23°43'59" W, a distance of 11.24 feet; thence N 19°48'22" W, a distance of 10.30 feet; thence N 78°45'10" E, a distance of 15.21 feet; thence N 85°33'15" E ,a distance of 15.96 feet; thence N 66°53'28" E, a distance of 35.51 feet; thence N 59°12'59" E, a distance of 23.81 feet; thence N 49°04'40" E, a distance of 27.78 feet; thence N 20°53'39" E, a distance of 51.42 feet; thence N 13°37'56" E, a distance of 56.78 feet; thence N 07°35'38" W, a distance of 22.09 feet; thence N 35°25'35" W, a distance of 17.65 feet; thence N 62°55'36" W, a distance of 15.46 feet; thence N 80°32'30" W, a distance of 13.30 feet; thence S 8r09'37" W, a distance of 9.70 feet; thence S 74°07'39" W, a distance of 17.40 feet; thence N 65°35'50" W, a distance of 23.52 feet; thence N 70°56'02" W, a distance of 31.27 feet; thence N 88°26'14" W, a distance of 17.34 feet; thence S 87°5ri3" W, a distance of 21.38 feet; thence N 58°09'20" W, a distance of 9.17 feet; thence N 49°05'53" W, a distance of 14.59 feet; thence S 72°04'47" W, a distance of 21.72 feet; thence S 59°58'41" W, a distance of 46.39 feet; thence S 80°12'56" W, a distance of 10.83 feet; thence N 78°03'26" W, a distance of 21.20 feet; tlience S 83°02'07" W, a distance of 19.87 feet; thence S 62°46'45" W, a distance of 6.88 feet; thence S 57°15'32" W, a distance of 74.80 feet; thence S 54°50'01" W, a distance of 51.20 feet; thence S 70°14'31" W, a distance of 9.22 feet; thence N 6r50'46" W, a distance of 23.57 feet; thence N 2ri7'13" W, a distance of 35.15 feet; thence N 32°07'35" W, a distance of 28.23 feet; thence N 73°52'55" W, a distance of 40.56 feet; thence N 30°47'15" W, a distance of 54.42 feet; thence N 20°23'02" W, a distance of 128.95 feet; thence N 22°29'09" W, a distance of 68.14 feet; thence N 13°25'08" W, a distance of 46.09 feet; thence N 15°13'50" W, a distance of 37.87 feet; thence N 39°59'22" W, a distance of 36.95 feet; thence N 83°57T9" W, a distance of 48.72 feet; thence S 70°06'44" W, a distance of 51.56 feet; thence S 49°27'45" W, a distance of 24.09 feet; thence S 43°18'42"W, a distance of 31.43 feet; thence S 89°37'48" W, a distance of 15.28 feet; thence N 66°12'53" W, a distance of 17.67 feet; thence S 58°31'39" W, a distance of 9.21 feet; thence S 32°42'10" W, a distance of 66.70 feet; thence S 32°00T1" W, a distance of 123.40 feet; thence S 41°47'10" W, a distance of 47.72 feet; thence S 61°10'50" W, a distance of 22.90 feet; thence N 81°03'38" W, a distance of 32.33 feet; thence N 88°41'29" W, a distance of 26.13 feet; thence S 62°23'25" W, a distance of 19.91 feet; thence S 32°03'18" W, a distance of 20.68 feet; thence S 05°56'42" E, a distance of 18.56 feet; thence S 12°51'20" E, a distance of 17.86 feet; thence S 50°29'43" W, a distance of 21.64 feet; thence S 88°43'02" W, a distance of 35.65 feet; thence N 88°1170" W, a distance of 114.86 feet; thence S 89°26'19" W, a distance of 48.70 feet; thence S 84°28'10" W, a distance of 54.06 feet; thence S 84°13'09" W, a distance of 40.56 feet; thence N 86°40'21" W, a distance of 36.99 feet; thence N 71°42'41" W, a distance of 29.73 feet; thence N 67°28'33" W, a distance of 47.56 feet; thence N 83°04'36" W, a distance of 25.96 feet; thence S 58°13'40" W, a distance of 11.37 feet; thence S 12°17'52" E, a distance of 10.37 feet; thence S 43°37'02" E, a distance of 22.58 feet; thence S 03°15'31" E, a distance of 22.32 feet; thence S 18°23'44" W, a distance of 42.05 feet; thence S 30°20'07" W, a distance of 16.44 feet; thence S30°09'58" W, a distance of 18.07 feet; thence S 24°45'35" E, a distance of 17.48 feet; thence S 03°29T3", a distance of 28.38 feet; thence S 09°35'20" W, a distance of 47.75 feet; thence S 03°35'30" W, a distance of 49.14 feet; thence S 03°04'32" E, a distance of 70.34 feet; thence S 03°39'3r' E, a distance of 75.03 feet; thence S 07°30'01" E, a distance of 110.59 feet; thence S 10°13'15" W, a distance of 37.13 feet; thence S 6ri3'54" W, a distance of 24.67 feet; thence S 82°58'50" W, a distance of 35.80 feet; thence N 84°42'02" W, a distance of 58.02 feet; thence N 79°46'19" W, a distance of 81.30 feet; thence N 77°32'24" W, a distance of 30.32 feet; thence S 82°46'03" W, a distance of 37.29 feet; thence N 85°00'38" W, a distance of 68.59 feet; thence N 74°21'52" W, a distance of 26.99 feet; thence S 78°53'26" W, a distance of 46.89 feet; thence N 85°27'50" W, a distance of 49.19 feet; thence N 78°46'02" W, a distance of 44.46 feet; thence N 75°04'28" W, a distance of 81.70 feet; thence N 75°41'43" W, a distance of 51.46 feet; thence N 78°53'17" W, a distance of 32.59 feet; thence N 73°20'56" W, a distance of 59.84 feet; thence N 42°11'26" W, a distance of 13.63 feet; thence N 10°39'50" W, a distance of 51.15 feet; thence N 07°35'41" W, a distance of 78.76 feet; thence EAST, a distance of 0.00 feet; thence N 36°45'28" E, a distance of 11.28 feet; thence N 02°39'23" E, a distance of 20.86 feet; thence N 35°25'00" W, a distance of 15.25 feet; thence N 14°14T4" W, a distance of 22.08 feet; thence N 05°13'43" E, a distance of 27.14 feet; thence N 13°42'40" E, a distance of 36.49 feet; thence N 20°11'55" E, a distance of 73.78 feet; thence N 13°01'46" E, a distance of 41.80 feet; thence N 24°31'48" E, a distance of 33.70 feet; thence N 42°22'33" E, a distance of 24.64; thence N 58°54'41" E, a distance of 24.79 feet; thence N 38°00T3" E, a distance of 37.60 feet; thence N 0r04'07" W, a distance of 25.78 feet; thence N 25°42'13" E, a distance of 14.21 feet; thence N 72°08'47" E, a distance of 64.63 feet; thence N 84°41'38" E, a distance of 32.15 feet; thence N 58°24'45" E, a distance of 20.41 feet; thence N 29°55'14" W, a distance of 21.16 feet; thence S 85°34'03" W, a distance of 58.70 feet; thence S 66°06'11" W, a distance of 74.79 feet; thence S 79°02'37" W, a distance of 47.52 feet; thence S 80°01'32" W, a distance of 54.36 feet; thence S 59°17'28" W, a distance of 30.56 feet; thence S 38°03'29" W, a distance of 17.92 feet; thence S 17°46'53" W, a distance of 31.93 feet; thence S 23°41'42" W, a distance of 42.81 feet; thence S 27°02'55" W, a distance of 94.64 feet; thence S 25°57'23" W, a distance of 20.69 feet; thence S 40°27'18" W, a distance of 73.09 feet; thence S 63°52'42" W, a distance of 96.40 feet; thence S 53°17'05" W, a distance of 17.70 feet to the said line bemg 222.99 east of and parallel with the west line of said Section 21; thence S 00°00'00" W, and along the said line being 222.99 feet east of and parallel with the west line of said Section 21, a distance of 432.33 feet to the POINT OF BEGINNING. LESS AND EXCEPT;
Parcel Rear: A parcel of land, ponds and bon'ow pits lying in Government Lots 6 & 7, Section 21, Township 67 South, Range 26 East, Rockland Key, Monroe County, Florida, and being more particularly described as follows:
COMMENCE at the intersection of the centerline of U.S. Highway No. 1 and the west abutment of the Rockland Key Viaduct; thence S 63°09'20" W, along the said centerline of U.S. Highway No. 1, a distance of 5000.00 feet; thence North, and along a line lying 222.99 feet east of and parallel with the west line of said Section 21, Township 67 South, Range 26 East a distance of 3430.79 feet to a point lying 2000.00 feet north of the south line of said Section 21 and the POINT OF BEGINNING; thence East, and along a line 2000.00 feet north of and parallel with the south line of said Section 21, a distance of 1018.52 feet; thence North, 168.49 feet to the Approximate Mean High Water Line of the Gulf of Mexico as located on 11/08/91 and also shown on an aerial photograph dated 03/09/75; thence meander the said Approximate Mean High Water Line in a westerly, northerly, northeasterly and southwesterly direction for the following forty nine (49) metes and bounds; thence S 55°34'44" W, a distance of 30.88 feet; thence S 82°58'50" W, a distance of 35.80 feet; thence N 84°42'02" W, a distance of 58.02 feet; thence N 79°46T9" W, a distance of 81.30 feet; thence N 77°32'24" W, a distance of 30.32 feet; thence S 82°46'03" W, a distance of 37.29 feet; thence N 85°00'38" W, a distance of 68.59 feet; thence N 74°21'52" W, a distance of 26.99 feet; thence S 78°53'26" W, a distance of 46.89 feet; thence N 85°27'50" W, a distance of 49.19 feet; thence N 78°46'02" W, a distance of 44.46 feet; thence N 75°04'28" W, a distance of 81.70 feet; thence N 75°41'43" W, a distance of 51.46 feet; thence N 78°53T7" W, a distance of 32.59 feet; thence N 73°20'56" W, a distance of 59.64 feet; thence N 42°ir26" W, a distance of 13.63 feet; thence N 10°39'50" W, a distance of 51.15 feet; thence N 07°35'4r' W, a distance of 78.76 feet; thence EAST, a distance of 0.00 feet; thence N 36°45'28"E, a distance of 11.28 feet; thence N 02°39'23" E, a distance of 20.86 feet; thence N 35°25'00" W, a distance of 15.25 feet; thence N 14°14'14" W, a distance of 22.08 feet; thence N 05°13'43" E, a distance of 27.14 feet; thence N 13°42'40" E, a distance of 36.49 feet; thence N 20°11'55" E, a distance of 73.78 feet; thence N 13°01'46" E, a distance of 41.80 feet; thence N 24°31'48" E, a distance of 33.70 feet; thence N 42°22'33" E, a distance of 24.64 feet; thence N 58°34'41" E, a distance of 24.79 feet; thence N 38°00'13" E, a distance of 37.60 feet; thence N 0r04'07" W, a distance of 25.78 feet; thence N 25°42'13" E, a distance of 14.21 feet; thence N 72°08'47" E, a distance of 64.63 feet; thence N 84°41'36" E, a distance of 32.15 feet; thence N 58°24'45" E, a distance of 20.41 feet; thence N 29°55'14" W, a distance of 21.16 feet; thence S 85°34'03" W, a distance of 58.70 feet; thence S 66°06'11" W, a distance of 74.79 feet; thence S 79°02'37" W, a distance of 47.52 feet; thence S 80°01'32" W, a distance of 54.36 feet; thence S 59°17'28" W, a distance of 30.56 feet; thence S 38°03'29" W, a distance of 17.92 feet; thence S 17°46'53" W, a distance of 31.93 feet; thence S 23°4V42" W, a distance of 42.81 feet; thence S 27°02'55" W, a distance of 94.64 feet; thence S 25°57'23" W, a distance of 20.69 feet; thence S 40°27'18" W, a distance of 73.09 feet; thence S 63°52'42" W, a distance of 96.40 feet; thence S 53''17'05" W, a distance of 17.70 feet to the said line being 222.99 feet east of and parallel with the west line of said Section 21; thence SOUTH and along the said line being 222.99 feet east of and parallel with the west line of said Section 21, a distance of 432.33 feet to the POINT OF BEGINNING. EE^G Leased Area Exhibit B MONROE COUNTY PROPERTY APPRAISER OFFICE
THIS PROPERTY LOCATION MAP HAS BEEN COMPILED FOR INTERNAL OFFICE USE AS AN AID IN THE PREPARATION OF THE MONROE COUNTY TAX ROLL 1:6,664 IT IS NOT A SURVEY AND THE OWNERSHIP INFORMATION DEPICTED THEREON SHOULD NOT BE RELIED UPON FOR TITLE PURPOSES. NEITHER MONROE COUNTY NOR THE OFFICE OF THE PROPERTY APPRAISER ASSUMES RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS. Date: 1/8/2014 Exhibit C
Work Plan
For the
Seaweed Drying Site
The following work plan was developed by EE&G to document the activities to be conducted at the Toppino Property as a part of the beach cleaning project. These items provide a general understanding of the work to be performed as a part of this site usage.
1) EE&G will secure proper approval and permitting from the Florida Department of Environmental protection (FDEP) and work by guidelines set by FDEP
2) Prior to initiation of the seaweed drying effort a layer of imported fill material (crushed limestone) will be placed on the site as a barrier between the surface grade and the seaweed drying operation.
3) Seaweed collected fi-omth e beach cleaning project will be transported to the site for drying. EE&G will remove readily visible solid waste and garbage fi'omth e seaweed prior to delivery to the site. Upon completion of the drying effort dried seaweed will be driven off site and mixed with soil or fill or fertilizer.
4) Storage of materials that will be recycled for the fertilizer/fill.
5) EE&G will not dispose of petroleum hydrocarbons, liquids, chemicals or other products or wastes that may contain hazardous substances that could be contacted by stormwater and impact the property. 5751 Miami Lakes Drive Miami Lakes, Florida 33014 Tel (305) 374-8300 Environmental Services, LLC. Fax (305) 374-9004
June 16, 2015
Department of Environmental Protection Solid Waste Section, MS 4565 2600 Blair Stone Road Tallahassee, FL 32399-2400
RE New Yard Trash Recycling Registration EE&G Environmental Services, LLC - Site #2 Vacant Land at MM 8, US Highway #1, Rockland Key, Monroe County, FL
To Whom It May Concern:
EE&G Environmental Services, LLC (EE&G) Is submitting the attached registration form for a new Yard Trash Recycling location. We currently are operating a Yard Trash Recycling operation under the WACS identification number 95165. This Trash Yard will continue to operate until August 1, 2015 at which time the operation will be relocated to the above location. EE&G will start preparing Site #2 on July 1, 2015.
Attached is the signed Registration form, executed lease with new Site #2 landlord, Rockland Operations, LLC, Site #2 location map (Exhibit B to the attached lease) and a check in the amount of $35.00.
Please call me at (305) 374-8300 or email me at: [email protected] with any questions.
Sincerely),
Vice President
Attachments cc: Hugh Spinney, Safe Harbour Industries, Inc.
Miami Melbourne Tampa Orlando Atlanta Property Search -- Monroe County Property Appraiser
Scott P. Russell, CFA Key West (305) 292-3420 Property Appraiser Marathon (305) 289-2550 Monroe County, Florida Plantation Key (305) 852-7130
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Alternate Key: 1156116 Parcel ID: 00122080-000000
Ownership Details
Mailing Address: ROCKLAND OPERATIONS LLC PO BOX 787 KEY WEST, FL 33041-0787
Property Details
PC Code: 10 - VACANT COMMERCIAL Millage Group: 100B Affordable No Housing: Section- 21-67-26 Township-Range: Property VACANT LAND ROCKLAND KEY Location: Legal 21 67 26 ROCKLAND KEY PT LTS 5-6 AND BAY BTM LOTS 6-7 I.I. NO 24675 OR20-353/355 OR399-24-25 OR790- Description: 1206 0R790-1215 OR797-2479 OR879-1150/1166 OR929-2401/2408 OR1556-352/MERGER OR1969-2032/37Q/C OR2072-1708/12Q/C Monroe
MCPA GIS Public Portal Scott P. Russell, CFA
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2015 Condo
2014 Condo Identify Results 1 feature found Zoom Remove highlight 2013 Condo Export results to "|" Delimited Go Search: OBJECTID SDE.DBO.W_PARCELS.ID SDE.DBO.W_PARCELS.RECHAR SDE.DBO.W_PARCELS.GEO_FEAT NAL PARC 2012 Condo 383 122080 00122080-000000 64048 2167 26 001220800
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Road Centerline
Road Block Name
Right of Way Parcel ID: 00122080-000000 MCPA GIS Public Portal MONROE COUNTY PROPERTY
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! 58 THIS PROPERTY LOCATION MAP HAS BEEN COMPILED FOR INTERNAL OFFICE USE AS AN AID IN THE PREPARATION OF THE MONROE COUNTY TAX ROLL. 1:4,756 IT IS NOT A SURVEY AND THE OWNERSHIP INFORMATION DEPICTED THEREON SHOULD NOT BE RELIED UPON FOR TITLE PURPOSES. NEITHER MONROE COUNTY NOR THE OFFICE OF THE PROPERTY APPRAISER ASSUMES RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS. Date: 7/21/2015 Detail by Entity Name
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Detail by Entity Name
Florida Limited Liability Company EE&G ENVIRONMENTAL SERVICES, LLC Filing Information Document Number L04000039225 FEI/EIN Number 861106600 Date Filed 05/24/2004 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 03/07/2012 Event Effective Date NONE Principal Address 5751 Miami Lakes Drive Miami Lakes, FL 33014
Changed: 04/10/2015 Mailing Address 5751 Miami Lakes Drive Miami Lakes, FL 33014
Changed: 04/10/2015 Registered Agent Name & Address NRAI, SERVICES, INC. 1200 South Pine Island Road Plantation, FL 33324
Name Changed: 04/10/2015
Address Changed: 12/28/2007 Authorized Person(s) Detail Name & Address
Title Manager
WOODS, ADRIAN B. Detail by Entity Name
5751 Miami Lakes Drive Miami Lakes, FL 33014
Title Manager
GIPE, TIMOTHY R. 5751 Miami Lakes Drive Miami Lakes, FL 33014
Title Manager
BAILEY, CAROLYN 5751 Miami Lakes Drive Miami Lakes, FL 33014
Title Manager
CLEVENGER, CRAIG C. 5751 Miami Lakes Drive Miami Lakes, FL 33014
Title Manager
SALL, JAY W. 5751 Miami Lakes Drive Miami Lakes, FL 33014
Annual Reports Report Year Filed Date 2013 01/07/2013 2014 01/07/2014 2015 04/10/2015
Document Images
04/10/2015 -- ANNUAL REPORT View image in PDF format 01/07/2014 -- ANNUAL REPORT View image in PDF format 01/07/2013 -- ANNUAL REPORT View image in PDF format 03/07/2012 -- LC Amendment View image in PDF format 01/10/2012 -- ANNUAL REPORT View image in PDF format 02/09/2011 -- ANNUAL REPORT View image in PDF format 03/26/2010 -- ANNUAL REPORT View image in PDF format 09/04/2009 -- LC Amendment View image in PDF format 01/29/2009 -- ANNUAL REPORT View image in PDF format 01/05/2009 -- ANNUAL REPORT View image in PDF format 04/18/2008 -- LC Amendment View image in PDF format 01/14/2008 -- ANNUAL REPORT View image in PDF format 04/17/2007 -- ANNUAL REPORT Pending Document Details
MyFDEP
Florida Department of Environmental Protection
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[Pending List] [Pending List - this DocLog] [Edit DocLog] [Document Checkout] Pending Document Details
NATIVE NAME:EE&G ENVIRONMENTAL SERVICES, LLC - SITE 2 DOC LOG ID: 31205 WACS ID:102496 CITY: ROCKLAND KEY COUNTY: MONROE
View email records
SOPF Approvals
Document Types
Document Type Primary Type Discontinued On
SOPF Y
Email Addresses
Affiliation-ID Interest Type Email Native ID Native Name
Processes
Document Type Process Date Author Delete
SOPF Logged 06/23/2015 SIMMONS_JLS
SOPF Notified District 07/22/2015 OCONNOR_L
SOPF Completeness Review 07/22/2015 OCONNOR_L
SOPF Data Entry Completed 07/22/2015 OCONNOR_L
SOPF Final Review 07/22/2015 OCONNOR_L
Add A New Process
Document Type Process Date Yard Trash Registration Related/SOPF (SOPF) Authorization 07/22/2015 Add Process
Comments
Document Date Comment Author Type
General 07/22/2015 New SOPF facility in 2015. Added WACS ID# 102496. OCONNOR_L Comment Per letter included with application, yard trash operations moved to this facility address. Previously operated SOPF 07/22/2015 OCONNOR_L facility in Key West under WACS # 95165.
Add A New Comment
Document Type Comments
Yard Trash Registration Related/SOPF (SOPF)