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Home My Public Portal About2005 Properties Enviromental Assessments and Remediation, Inc.tifWEISS SEROTA HELFMAN PASTORIZA GUEDES COLE & BONISKE, P.A. ATTORNEYS AT LAW MITCHELL A. BIERMAN NINA L. BONISKE MITCHELL J. BURNSTEIN JAMIE ALAN COLE EDWARD G. GUEDES STEPHEN J. HELFMAN HARRIET R. LEWIS GILBERTO PASTORIZA GARY I. RESNICK JOSEPH H. SEROTA NANCY E. STROUD RICHARD JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ THOMAS J. ANSBRO* LILLIAN ARANGO DE LA HOZ* JAMES E. BAKER ALISON S. BIELER MICHELLE BUCKALEW ELAINE M. COHEN MIAMI-DADE OFFICE 2665 SOUTH BAYSHORE DRIVE SUITE 420 MIAMI, FLORIDA 33133 TELEPHONE 305-854-0800 TELECOPIER 305-854-2323 WWW.WSH-LAW.COM BROWARD OFFICE 3107 STIRLING ROAD • SUITE 300 FORT LAUDERDALE, FLORIDA 33312 TELEPHONE 954-763-4242 • TELECOPIER 954-764-7770 Ms. Conchita H. Alvarez Village Clerk Village of Key Biscayne 88 West McIntyre St. Key Biscayne, Florida 33149-0250 *OF COUNSEL June 20, 2005 JORGE L. CRUZ-BUSTILLO VIVIAN DE LAS CUEVAS-DIAZ STEPHANIE DEUTSCH* DOUGLAS R. GONZALES TARA L. GOULD GREGORY A. HAILE JOHN J. KENDRICK, III PETER A. LICHTMAN KAREN LIEBERMAN* MATTHEW H. MANDEL MICHAEL J. MARRERO ALEXANDER L. PALENZUELA-MAORI MICHAEL S. POPOK* JOHN J. QUICK ANTHONY L. RECIO SCOTT A. ROBIN ANDREW E. RUSS GAIL D. SEROTA* JEFFREY P. SHEFFEL JOSE S. TALAVERA SUSAN L. TREVARTHEN* JAMES E. WHITE Re: Executed Original Limited Indemnification Agreement — SunTrust Banks, Inc. Dear Conchita: I have enclosed for the Village records the executed original Limited Indemnification Agreement together with the attached Property Access Agreement submitted by SunTrust Banks, Inc. Should you have any questions, please feel free to contact me. Sincerely, Tara L. Gould 103.055 Enclosure Cc: Jacqueline R. Menendez, Village Manager (w/o enclosure) David M. Wolpin, Esq., Village Attorney (w/o enclosure) VILLAGE OF KEY BISCAYNE LIMITED INDEMNIFICATION AGREEMENT Pursuant to the Property Access Agreement ("Agreement"), attached as Exhibit "A" and incorporated herein, SunTrust Banks, Inc. ("Owner") agrees to allow Properties Environmental Assessments & Remediation, Inc. ("PEAR") access onto the property located at 520 Crandon Boulevard, Key Biscayne, Florida ("Property") for activities consistent with intrusive environmental property assessments (soil coring and installation of temporary monitoring wells) associated with cleanup activities under the Preapproval PLRIP/PAC Program on property owned by the Village of Key Biscayne (the "Village") located at 530 Crandon Boulevard, Key Biscayne, Florida. The Agreement provides that PEAR will provide insurance coverage and hold harmless the Owner in the event that any damage or injury occurs from the activities performed by PEAR's personnel, its designees, or subcontractors(s). To the extent that PEAR fails to indemnify the Owner as required pursuant to the Agreement, the Village hereby covenants and agrees to indemnify and hold harmless, the Owner, from liability or damage to the Property, directly arising out of the activities contemplated by the Agreement performed by PEAR's personnel, its designees, or subcontractors(s), subject to the limitations of Section 768.28(5), Florida Statutes Witness my hand, thisA2iday of e, 2005. Village of Key Biscayne, Florida 88 West McIntyre Street Key Biscayne, Florida 33149 V KO — line R. Mene age Manager Conchita H. Alvarez, CMC, Village Clerk APPROVED AS TO FORM AND LEGAL/ FFICIENCY /-/1/ 1 i WEISS SEROTA HELFMAN PASTORIZA COLE & BONISKE, P.A., Village Attorney PROPERTIES ENVIRONMENTAL ASSESSMENTS & REMEOIATION, INC. P.D. Box 610861, Miami, FL 33261-0861 Tel. (305) 895-6349 Fax (303) 895-0990 PROPERTY ACCESS AGREEMENT The undersigned (owner(s)) hereby agrees to allow professional labor, materials and equipment provided by Properties Environmental Assessment & Remediation, Inc. (P.E.A.R) ACCESS onto the PROPERTY located at 520 Crandon Blvd., Key Biscayne, FL, Said ACCESS includes activities consistent with intrusive (soil coring and installation of temporary monitoring wells) environmental property assessments. Permission is hereby granted by the undersigned to allow P.E.A,R.'s professional personnel, its designees, subcontractor(s) and otherwise the necessary equipment and materials to conduct intrusive environmental property assessments. Said environmental property assessment activities include the collection of soil cores for field and laboratory analytical purposes, the installation of temporary groundwater monitoring well(s), and groundwater sampling for laboratory analytical purposes. It is agreed that P.E.A.R will provide proper insurance coverage, hold harmless the property owner(s) in the event of any mishaps occurring from the activities performed by P,E.A.R's personnel,. its designees, subcontractor(s) and otherwise the necessary equipment to conduct the necessary work and agrees to restore any breach of surface with like materials. it is further agreed that P.EA. R. will notify the owner(s) directly or designee(,) in writing, prior to conducting any assessment activities whatsoever. Finally, it is agreed that upon written notification by P.EA.R., the owner(s) as described herein, will arrange ACCESS directly or through its designee(s). Agreed by: L y/nl 4 WQ4 r9 _ P S'un ltYrd fi f r'wner Print Name Owner S� f to di. Date: q/ j ar gna / Owner Print Name Date: Owner Signature ---- Notarization of Signature of Realll Property Owner (req (required) --- State of r70 t t a(el Co of J� f'9 W A!' a1 Swam to and subecr�yed before me by At o (,Jo I this 7 day of u 4 e .0 2-O OS . Perscnzay known Produced rdentification ( ) type: Vi*birfs bbnmw ) cATEt1RJForssiAcaess P.EA.R, Inc. z00iz0OM My Commission Expires Notary Public, State of Commission Number Vi4a Yove ac of a My Comm.soron 06366444 aw ewes October 27. 2008 sap LSnrILNn9 sett 59L P56 xea Ez:Et am GOOZ/LO/so