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HomeMy WebLinkAboutR-03-0200J-03-024 2/27/03 03— 200 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATED TO THE REDEVELOPMENT OF THE 2.95 ACRE CITY -OWNED PROPERTY KNOWN AS THE CIVIC CENTER SITE, LOCATED AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA ("PROPERTY"); (1) ACCEPTING A GRANT IN THE AMOUNT OF $1,000,000 FOR ENVIRONMENTAL REMEDIATION OF THE PROPERTY FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") UNDER ITS BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE ("BEDI") GRANT PROGRAM; (2) APPROVING THE SALE OF SAID PROPERTY FROM THE CITY TO WAGNER SQUARE, LLC ("DEVELOPER"), AND AS A CONDITION OF THE SALE, APPROVING THE MIXED-USE DEVELOPMENT OF THE PROPERTY BY THE DEVELOPER FOR THE SPECIFIC PURPOSE OF CREATING AFFORDABLE AND MIXED -INCOME HOMEOWNERSHIP RESIDENCES WITH ANCILLARY RETAIL, AND COMMERCIAL AND OFFICE SPACE ("PROJECT") SUBJECT TO THE PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; (3) AUTHORIZING THE APPLICATION BY THE CITY TO HUD FOR SECTION 108 LOAN GUARANTEE ASSISTANCE, IN THE AMOUNT OF $4,000,000, FOR THE PROJECT AND PLEDGING FUTURE CITY RECEIPTS OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AS THE REQUIRED SECURITY; (4) APPROVING A PROPOSED AMENDMENT TO THE CURRENT FIVE-YEAR CONSOLIDATED PLAN OF THE CITY TO INCORPORATE THIS PROJECT; AND (5) FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AND/OR IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS APPLICABLE, TO PROVIDE FOR THE PURCHASE AND SALE OF THE PROPERTY, THE ACCEPTANCE OF THE BEDI GRANT AND SUBMIT AN APPLICATION FOR SECTION 108 LOAN GUARANTEE LOAN ASSISTANCE. COMMION YZEETM O FEB 2 7 ?Pnl Resolution No. 3- Zoo WHEREAS, by Resolution No. 02-782, adopted July 9, 2002, the City committed to make a joint application with Wagner Square, LLC, for a $1,000,000 grant from the Brownfields Economic Development Initiative ("BEDI") program of the United States Housing and Urban Development ("HUD") to assist in the development of a mixed-use project at the 2.95 acre City -owned property known as the Civic Center site ("Property"), located at 1700 Northwest 14th Avenue, Miami, Florida; and WHEREAS, in accordance with Resolution No. 02-782, the BEDI grant application, and related documents, the project ("Project") will consist of a mixed -income, homeownership development with an affordable housing component, as well as retail, commercial and office uses on the Property and adjacent parcels; and WHEREAS, under the BEDI program, applicants are additionally required to apply for Section 108 Loan Guarantee Assistance, which for this Project is $4,000,000 ("108 Loan"), as was additionally approved, in principle, by Resolution No. 02-782; and WHEREAS, HUD notified the City in November 2002 of its intention to award the requested BEDI grant, subject to the City's and the Developer's compliance with all applicable requirements, including the City's submittal of the Section 108 Loan application by March 1, 2003, and the execution of all necessary documents to effectuate the purchase, sale, and development of the Property; and Page 2 of 6 3. 200 WHEREAS, staff has crafted the attached Section 108 Loan Application which will be reviewed by the City's Housing and Commercial Loan Committee prior to submittal to HUD; and WHEREAS, available funds from future Community Development block grant allocations to the City are to be pledged as the security required for the 108 Loan, but actual loan payments will be derived from the Project's revenues; and WHEREAS, the Project, and public comment relating to the Project, are the subject of a proposed amendment to the City's current five-year Consolidated Plan, which will be subsequently forwarded to HUD; and WHEREAS, the City Administration and Developer have negotiated and agreed to the terms detailed in the attached agreement for the purchase, sale and development of the Property; and WHEREAS, said purchase and sale agreement includes provision for the City to convey to the Developer two additional adjacent parcels of land, which in combination amount to roughly 17,140 square feet thus enlarging the Project to 3.34 acres, on the condition that the City is able to successfully conclude the purchase of these additional parcels; and WHEREAS, the City administration will return to the City Commission for approval to acquire these adjacent parcels to augment the Project site; and Page 3 of 6 03— 200 WHEREAS, it will be necessary for the City Manager to execute documents relating to the grant of funds under the BEDI program, as per the attached sample agreement, and to effectuate other administrative tasks relative to the Project; and WHEREAS, on February 18, 2003, the City's Housing and Commercial Loan Committee reviewed and approved the Project's proposed Section 108 Loan Guarantee application and supporting documents; and WHEREAS, the aforementioned actions are being considered at a duly advertised public hearing in compliance with the City's adopted 5 -year Consolidated Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The grant of $1,000,000 for environmental remediation of the City -owned property known as the Civic Center site, located at 1700 Northwest 14th Avenue, Miami, Florida ("Property"), from the United States Department of Housing and Urban Development under its Brownfield Economic Development Initiative ("BEDI") grant program is accepted. Page 4 of 6 03— 200 Section 3. The sale of the Property from the City to Wagner Square, LLC ("Developer") is approved, and as a condition of such sale, the Developer is required to develop the Property for the specific purpose of creating affordable and mixed -income homeownership residences with ancillary retail, and commercial and office space ("Project"), subject to the terms and conditions contained in the Purchase and Sale Agreement, in substantially the attached form. Section 4. The City Manager is authorized!' to submit an application to HUD for Section 108 Loan Guarantee Assistance in the amount of $4,000,000 for the Project, and to pledge future City receipts of Community Development Block Grant funds as the required security. Section 5. The proposed amendment to the current five-year Consolidated Plan of the City to incorporate the Project, and public comments relating thereto, are approved. Section 6. The City Manager is further authorized2l to execute all necessary documents, in substantially the attached form and/or in a form acceptable to the City Attorney, as applicable, to provide for the purchase and sale of the property �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. z/ IBID . Page 5 of 6 03- 200 acceptance of the BEDI grant, the sale and development of the Property, submittal of an application for the Section 108 Loan Guarantee, and the submittal of the amendment to the Consolidated Plan. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 PASSED AND ADOPTED this 27th ATTEST: PRISCILLA A. T OMPSON CITY CLERK day of February , 2003. APPROVED AS TO FORM AND CORRECTNESS: • • E)i�-6 VILARELLO ` CITY ATTORNEY W6806:tr:AS:BSS 3' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 6 of 6 03— 200 NOTICE CONTINUATION OF PUBLIC HEARING AND REQUEST FOR COMMENT REGARDING THE DEVELOPMENT OF A CITY PROPERTY KNOWN AS THE "CIVIC CENTER SITE" 1700 NW 14TH AVENUE, MIAMI, FLORIDA The Miami City Commission requests public comment and will continue to hold a Public Hearing on February 13, 2003 to discuss the development of the 2.95 -acre City -owned property located at 1700 NW 14th Avenue, Miami, Florida, known as the "Civic Center" site (the "Property"), as follows: ■ Consideration of the sale of the Property to Wagner Square, LLC (the "Developer"); and its proposed redevelopment, by the Developer as a condition of such sale, as a mixed-use development, specifically for the purpose of creating affordable and mixed -income home -ownership residences, with ancillary retail and office space (the "Project"); ■ Proposed acceptance of a grant in the amount of $1,000,000 for environmental remediation in connection with the Project from the U.S. Department of Housing and Urban Development ("HUD") under its Brownfield Economic Development Initiative grant program; ■ Proposed application by the City to HUD for a Section 108 Loan Guaranty Assistance in the amount of $4,000,000 for the Project and a pledge of future Community Development block grant funds for this purpose; and ■ Proposed amendment to the City's current 5 -year Consolidated Plan to provide for this Project as an activity to be completed under the scope of said Plan. The Public Hearing will be held in conjunction with the regularly scheduled City Commission meeting of February 13, 2003 at: MANUEL ARTIME CENTER 900 SW First Street Miami, Florida All interested individuals are invited and encouraged to attend this hearing. The meeting will be accessible to the physically impaired. Furthermore, any individual wishing to comment on the proposed activities may do so at the Public Hearing, or may comment in writing through February 13, 2003 addressed to: City of Miami Department of Economic Development, attention: Bob Schwarzreich, 444 SW 2"a Avenue, 3r Floor, Miami, Florida 33130. (AD No. _� 49 El CIVIC CENTER ITEM - Attachment 1 ENCLOSURE (A) RECIPIENT: City of Miami BEDI GRANT: S1,04o,000 INSTRUCTIONS AND CONDITIONS FOR AWARD The terms and conditions of this grant will be substantially as sot forth in the attached draft grant agreement, an executed copy of which will be sent to you after compliance with the follow-ing terms and conditions of grant approval as applicable. Pursuant to the authorizing legislation and the NOFA, BEDI grants are made only in support of new, related loan: guarantees under section 108 of the Housing and Community Development Act of 1974. This approved BEDI errant ass=es a section 108 loan guarantee, or additional guarantee, for the approved BEDI Project or Projects in the amount of $4,000,000, (However, you may apply for a loan guarantee in a larger amount -than this minimum, e.g.,_the amount specified in the application if larger.) THE PARAGRAPHS CHECKED BY HUD BELOW APPLY TO THIS GRANT -- a. The Recipient's full application, or full amendatory application, for a BEDI Guarantee in the abcve amount, has been approved by HUD (HUD -7082 commitment executed) on or after Ma_rc_b 26.2002, and on or before November 1, 2002 (the date of this letter of notification of grant award). b. The Recipient's full application, or full amendatory application, for a BEDI .Guarantee in the above amount or more has been received by HUD before November 1, 2002, but has not been approved as of such date. X c. The Recipient's full section 108 guarantee application, or amendatory application, has not been received by HUD as of November 1. 2002. IF THIS PARAGRAPH c. APPLIES, HUD'S OBLIGATIONS UNDER THIS AGREEMENT ARE CONDITIONED ON THE I.ECIPIENT'S SUBM=ING A FULL APPLICATION, OR FULL AMMI ATORY APPLICATION, IN NOT LESS THAN THE ABOVE AIMOUNT TO HUD BY January 1. 2003. d. 'The Recipient's BEDT Grant application was not approved in the full amount submitted. For example, all projects submitted may not have been approved, or theamount of funds requested for some or all projocts may have been r"pd. _ --`hzre� �rowrEEDIGraet applicatibri must t- amtnd� 1.0that'tFls cotf�' with the terms of HUD approval. Please contact Bill Seedyke at (202) 708-1686 ext. 4445 upon receipt of this letter to determine the required amendments. IF THIS PARAGRAPH d. APPLIES, HUM'S OBLICATIONS UNDER THIS .AGREEMENT ARE CONDITIONED ON THE RECIPIENT'S SUBMITTING TO HUD THE APPLICABLE REVISED PAGES OF YOUR. APPLICATION . CONT.IINING THE REQUIRED MODIFICATIONS ON OR BEFORE . Januar 1. SAMPLE BEDI AGREFNIFn FOR CNFORAtATIONAL PURPOSES ONLY -NOT FOR EXECUTION 03.- 200 I If paragraph a. above applies, the assumed Section 108 Guarantee amount above is the amount of the final Section 108 Guarantee approved in relation to the Recipient's BEDI grant. If paragraph d. above is not also checked, your BEDI Grant application was approved as submitted. Since both your section 108 loan guarantee and BEDI grant applications arc unconditionally approved, no further application submissions are required. If paragraph b. or c. above applies, HUD may REDUCE the arhount of this BEDI Grant, or the assumed amount of the, related guarantee above, or both, if HUD determines in connection -with HUD's review of the section 108 application or amendatory application under 24CFR 570, Subpart M, that all or a portion of the approved BEDI Grant or the Section 108 Guarantee amount issumed above is not justified. The amount of the finally approved section 108 guarantee will be the amount of the Section 108 Guarantee referred to in the grant agreement when received by you. All additional submissions required herein must be postmarked or hand -delivered to this office within sixty (60) days from the date of this letter. You may not make any changes in your BEDI Grant application other than those required by the terms of this HtrD approval letter, since this could affect the competitive basis on which your grant was awarded. In rating and ranking your BEDI Grant application, HUD has already assumed that eny application revisions' required by this letter will be made. Failure to submit the re ,: i red information within 60 ,111,,,s may results in deobligatic - . of the r approved funds. When HUD determines that all conditions of approval set forth in this letter have been satisfied and you are ready to issue notes for guaraalee by HUD pursuant to the Section 108 Guarantee, HUD will send there copies of a completod grant agreement (substantially in the attached form) to you for execution on behalf of the Recipient. If not approved earlier, HUD will at that time also tender a Funding Approval and Grant Agreement for the final Section 108 Guarantee related to this BEDI Grant. Under the cunditions of this approval, you are not authorized to incur costs under this grant until after the date of HUD execution of the Funding Approval and Grant Agreement for the Section 108 Guarantee, and relative to certain costs, after the environmental review. Furthermore, as described in the attached Grant Agreement, funds may not actually be withdrawn under this BEDI Grant until after HUD's execution of the Contract for Loan Guarantee Assistance and Guarantee for the related Section 108 Cluaramtee. If "2ve questions on nay aspoct o chose""inshucuon or conditio. s, pl contact the O&Ice of Economic Development at the prone numbers identified above. 03- 200 f ENCLOS URE (B) Grant No. B-02-BD.12-0047 BROWNFIELDS ECOi• OMIC DEVELOPMENT (BEDI) GRANT AGREEMENT U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT This Agreement is made and entered into by and between THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT, acting by and through the Assistant Secretary for Community Planning and Development, ("HUD"), and the City of Mi=4 Florida (the "Recipient'). 1. Rarkgmlyn - Pti ,Q&- This. ASreement is authorized by section 108(q) of the Housing and Community Development Act of 1974, as amended by section 232(x) of the Multifamily Housing Property Disposition Reform Act of 1994, codified at 42 U.S.C. 5308(q)(collectively, "the Act"). * Pursuant to the Act, on March 26, 2002, at 67 FR 14135, HUD published a Notice of Funding Availability and Program Guidelines for the Browufields Ecom omit Development Initiative (the "NOFA"), which set forth the terms and conditions under which units of general local government could apply for and receive grants under suction I08(q) of the Act ("BEDI Grants") and related section 108 loan guarantees from HUD for Brownfields Economic Development Projects ("BEDI Projects"), as defined in the NOFA. Pursuant to the NOpA, the Recipient has applied for, and HUD has approved, a BEDI Gift for, the Recipient. The purpose of this Agreement is to set forth the terms and conditions under which HUD will provide BEDI Grant funds to the Recipient in connection with the Approved BEDI Projects described in the Recipient's Approved Application, as further defined herein. The terms and conditions of the related Section 108 G a_antee (as defined in par. 3 i c—=V) are, or vali be, set forte in the Recipient's separate Section 108 loan guarantee application, Funding Approval, and Contract for Loan Guarantee Assistance. a. By execution of this Agreement on behalf of the ry to the space pro-ded below, HUD age=;, subject to the terms of this Agra, entt , o b. This grant is approved for the following Approved BEDI Projects described in the Approved Application: ("Approved Project"). a [To be identified] SM PLE HEDI Auxamim" FOR IN70RX2bT1OXI. PORPOSYS ONLY - NOT FOR MCUTION 03- a 3 200 c. The grant funds shall be used in connection with the Approved Projects for following Approved Use ("Approved Uses): (To be identified] 3. R#,I:AOnahin .Wq=.6pn.lQR T nan O mmntee Application. TIds approved BEDI Graht is based upon Section 1081oan guarantees, or additional guarantees, for the Approved Projects in an amount not less than 54,000,000 (the "Section 108 Guarantee"). BEDI Chant funds maybe disbursed by the Recipient for Approved Uses in a ratio not to exceed $1.00 of BEDI grant funds to $4.00 of Section 108 loan proceeds disbursed for approved activities. 4. R r„6 ,tatinns- Ai rnn�Al) nlis ratinn. This Agroamcnt will be governed and controlled by the following in effect as of the date of notification to the Recipient of award of this giant: the Act, the NOFA, and HUD regulatior&cadified at 24 CFR Part 570 or incorporated therein (provisions for use of CDBG funds, to the extent applicable) (hereafter collectively referred to as the "Regulations'). The Recipient's application submissions, including the certifications and assurances and any documentation required to meet any grant award conditions, and including any amendments made in accordance with this Agreement, are hereby incorporated in this Agreement as finally approved by HUD (herein referred to as the "Approved Application"). Unless the context otherwise requires, a refemce to "thus Agreement" herein shall be deemed to include the Act, the Ree lations, and the Approves;-=kpplication. 5. P rfhrm nnAareY*+'+ent of Recinknt_ By execution of this Agreement on its behalf in the space provided below, the Recipient agrees to carry out the Approved Project(s) on a timely basis and otherwise in compliance with this Agreement (including the Act, the NOFA, the Regulations, and the Approved Application, except as otherwise specifically provided in this Agreement). The Recipient agrees to assure, and to accept responsibility for, such complianceby any other entities to which it makes grant funds available for, or which it otherwise allows to par?i;,irate in, the Approved Pro, xtfs) covered by this Agree.�.en . a. The Recipient agrees to comply with environmental review procedures under 24 CFR 0.200(a)(4) and 24 CFR Part 58 in order to obtain releases of grant funds under this agreement. b Notwithstanding any other provision of the Regulations or this Agreement, �t tbdrtrfrom the Lf S`,'rstu�[�cs.Qsiiut£'the$ gran under ihis'Agrc{ nicut until"aftexmdon on behalf of HUD of the Guarantcc and Contract for Loan Guarantee Assistance for the applicable Approved Project described in paragraph 2 of this Agreement. In particu!ar, the Recipient must not commit local or Federal fiends for the approved activities prior to obtaining HUD approval of the request for release of funds, except as provided in 24 CFR 58.22, 58.34 or 58.35 (b). sAwLs ExDI &G.-,zzmxNT ron nMORXKTIOHAL PUI POsas OWLY - NOT rOX HIYCtrTION 03- 200 3 c. This BED Grant must be entirely withdrawn and expended For Approved Uses for the applicable Approved Project(s) on or before d . All program income from this BBDI Grant is deemed to be program income of the Approved Project(s), wWcb are jointly financed by Ihm Section 108 Guarantee. The Rec4geni agrees that all such program income constitutes security for the repayment of the Section 108 Guarantee, and shall be initiaIly deposited in; the Loan Repayment Account established by the Recipient, or its designated public agency, under paragraph 6 of die Contract(s) for Loan Guarantee Assistance for the Section 108 Guarantee, and shall be disbursed for the purposes rind within the time period specified in said paragraph 6 of such Contract. Upon full and complete repayment of the Section 108 Guarantee, all such program income shall be used in accordance with 24 CFR 570.504. 7. Pre-Awardgrasis. Notwithstanding any other provision of the Reoations, the BEDI Grant funds provided hereunder maybe used to pay for costs incurred on or after the date of HUD execution of the Funding Approval committing fluids for the applicable Approved Project under the Section 108 Guarantee, provided such costs otherwise comply with this Agreement. However, use of the BEDI Grant funds to actually pay for such costs is subject to paragraph 6 of this Agreement. 3. A111rrnisnent;$ ar-Krt►rn_no, a. This Agreement or the Approved Application be amended only with the prior Pp pF on ma Y written approval of HUD. To request approval of an amendment, the Recipient shall attach the proposed revisions to the applicable pages of this Agreement or the Approved Application to a cover letter addressed as required below (see par. 11) for notices to HUD and signed by the Recipient's official representative for this grant. For any amendment other than an increase in the amount of the approved BEDI Grant (par. 2.a.), HUD may approve or disapprove the proposed amendment by letter from the Director of the CPD Division (or higher level official) in the ap-licable IM D office. In cons -ieri.ng prc?osod amendments to this Ag; Bement or the Approved Application, HUD shall review, among other things, whether the amendment would have affected the ranking of the application in the year it was approved sufficiently to have resulted in the application not ranking high enough for funding, and whether the amendment is otherwise consistent with the Act, the Regulations, and the NOFA. Any increase in the amount of the approved BEDI Chant represents a new grant obligation by HUD and must be documented by a form al amendment to this Agreement, or a new BEDI Grant Agreement, executed on behalf of the parties by officials with the authority to execute the original Agreement. ` _� • `�`b 2�e R �ip�ent shall at all tunes ma i, unan up-to-date copy of its Approved Application,' including 311 amendments approved in writing by HUD, and all drawdowns, deposits, and expenditures of grant funds and program income under this Agrr=ncnt, in its files and available for audit or inspection by duly authorized representatives of HUD or the Comptroller General of the United States. SAWL8 Dans AORRMUO'i' rOR JX70JXATZOtGXL PVRPos'aS ONLY - NO: FOR 7XZCVTIOv 03- 200 4 0' fuN- fault; Remedies. A default under this Agreement shall consist of any use of grant funds other than as authorized by this Agreement, any other noncompliance with this Agreement deemed material by HUD, or any misrepresentation or omission in the application submissions which, if known to HUD, would have resulted in this grant not being provided. If HUD determines that the Recipient is in default, HUD will give the Recipient written notice of this determination and the corrective or remedial actions proposed by HUD to cure the default or mitigate its effects, to the extent possible, and to premt a continuatiowor reciurenca of the default (the "initial notice of default"). Further description of the processes of audit perfornoance monitoring, and the corrective and remedial actions available to HUD which apply to greats _ under the Act, including this BEDI Grant, is provided in 24 CFR 570, particularly Subpart0. No delay or omission by HUD in exercising any right or remedy under this Agreement shall impair HUD's ability to exercise such right or remedy or constitute a waiver of, or acquiescence in, any Recipient default. 14. Closew, . Except as may"b'e otherwise specifically provided, close-out of this grant shall be subject to 24 CFR 570.509, or such close-out instructions as may hereafter be issued by HUD specifically for BEDi Grants. 11. Notices, HUD notifications to the Recipient under this Agreement may be addressed to the Recipient's address as stated in the Approved Application, unless the Recipient otherwise notifies HUD in writing. Recipient notifications to HUD shall be to the Director of Community Punning and Development in t e. HUD Office baving responsibility for CDBG-programs of the Recipient, unless the Recipient is otherwise notified in writing by HUD. The Recipient's eights under this Agreement may not be -assigned without the prior written approval of HUD. This - Agreement constitutes the entire Agreement between the Recipient and HUD, and it may not be amended except in writing and executed by authorized offcia,*sof both HUD and the Recipient, as provided in paragraph S. 12. Bing peeffn=t- This Agreement is binding with respect to HUD in accordance with its terms upon execution by HUD ir the maceprovided below, subject to execution on behalf of the Recipient. fj Check here if special conditions are attached. ----z - _ - SADL;ILH BEDZ J10RiXXSNT YOB INYORlL711'ZONJIL YtiB.POSE3 014LY - NOT •ioY HZSCOTION 03- 200 0 This Agreement is hereby executed on behalf of the parties as follows: SECRETARY OF HOUSING AND MkBAN DEVELOPMENT, BY: (Signature of Authorized Official)., (Title) (Date) RECIPIENT (Legal Name of Recipient) BY: (Signatme of Authmizod Official) (Title) (Date) ei- (Employee Identification Number (ERI) of Recipient] S,,..'YCPLE BEDI AGREEMENT FOR INFORMATIONAL PURPOSES ONLY -NOT FOR EXECUTION S 03— 200 a . Civic ' ter Item — Attachment 2 PURCHASE AND SALE AGREEMENT [Civic Center] THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made and entered into this day of , 2003, (the "Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida, with offices at 444 S.W. 2 Avenue, Miami, Florida 33130 (the "Seller" or "City"), and Wagner Square, LLC a Florida limited liability company, with offices at 301 SW 17th Rd., 2nd Floor, Miami, Florida 33139 (the "Purchaser"). In consideration of the mutual covenants and promises herein set forth, the parties agree as follows: Introduction and Background A. On June 17, 2002, the City issued a Request for Letters of Interest, for the remediation and development of a property known as the "Civic Center Site." B. Section 29B of the City of Miami Charter dealing with the City's competitive bidding requirements contains an exemption, which exempts affordable housing developments from the competitive bidding requirements established therein (the "Affordable Housing Exemption"), and provides that such competitive bidding requirements do not apply to a: "conveyance or disposition of city -owned property implementing city -assisted housing programs or projects which are intended to benefit persons or households with low and/or moderate income by providing housing for such persons or households, such as, but not limited to, those funded programs or projects undertaken, pursuant to the Federal Housing Act of 1937 and the Florida Housing Act of 1972, as those statutes may be amended or revised from time to time, implementing city -assisted housing programs as may be authorized by federal or state law, implementing projects authorized under the Florida Community Redevelopment Act of 1969, and implementing projects of any governmental agency or instrumentality." C. Seller and Purchaser have agreed that the Property shall be developed in a manner so as to qualify for the Affordable Housing Exemption and so as to benefit persons with low to moderate income and 'to increase the supply of "Affordable Housing" (as hereinafter defined). D. In reliance that such development will qualify for the Affordable Housing Exemption, the City of Miami Commission authorized the City to enter into negotiations with Purchaser for the remediation of the Property and the development of the "Project" (as hereinafter defined), pursuant to City of Miami Resolution 02-896, dated as of July 25, 2002. 03- 2D® (2) 2-18-03 Conveyance of Property. Subject to the terms and provisions of this Agreement, Seller agrees to convey to Purchaser all of the real property located in the City of Miami and more particularly described in Exhibit "A" attached to this Agreement together with all rights, privileges, tenements, hereditaments and appurtenances pertaining thereto, and in consideration therefor, Purchaser agrees to remediate such property and develop same in accordance with the terms of this Agreement. This property consists of three separate but contiguous parcels of land (each, a "Parcel," and collectively, the "Realty") which, for purposes of this Agreement, shall be referenced, respectively, as the Civic Center Parcel, the HUD Duplex Parcel, and the Private Duplex Parcel. The Realty and all other property and rights described in this Paragraph 1 are hereinafter collectively called the "Property". 2. Consideration. In consideration of Seller's agreement to convey the Property, the Purchaser hereby agrees to: (a) remediate the Property, as more particularly described in Paragraph 14 below, and (b) provide Affordable Housing, as more particularly described in Paragraph 15 below. 3. Security Deposit. To secure the performance by Purchaser of its obligations under this Agreement, Purchaser has delivered to the law firm of Sacher, Zelman, Van Sant, Paul, Beiley, Hartman, Terzo & Waldman, P.A., as Escrow Agent ("Escrow Agent") the sum of Fifty Thousand Dollars ($50,000) (the "Deposit") by check, the proceeds of which shall be held as an earnest money deposit. Escrow Agent shall use its good faith efforts to invest the Deposit in an interest bearing account maintained with and issued by a federally chartered commercial bank doing business in Miami -Dade County, Florida. All interest accrued thereon shall be paid to Purchaser at Closing except in the event of a default by Purchaser, in which event all of the interest shall be disbursed to Seller, together with the Deposit, as liquidated damages in accordance with the default provisions below. 4. Letter of Credit. - Purchaser shall deliver to the Seller at Closing an irrevocable, clean and unconditional letter of credit (the "Letter of Credit") in favor of Seller in an amount equal to the Remediation Expense Cap (as hereinafter defined) less: (i) $1,000,000.00, i.e., the amount of the BEDI Grant (as hereinafter defined), and (ii) any estimated savings below the Remediation Expense Cap. The Letter of Credit shall be held by Seller as security for Purchaser's post -closing obligations to remediate the environmental condition of the Property as provided in Paragraph 14 below and to serve as additional security for Purchaser's obligation to repay the Section 108 Loan as provided in subparagraph 5(d) below. 5. Financing; Contingent Purchase Price. (a) The parties acknowledge that Seller has been awarded a Brownfields Economic Development Initiative Grant of $1,000,000.00 (the "BEDI -2— (2) 2-18-03 03-- 200 Grant"), which BEDI Grant includes a condition that Seller obtain a HUD Section 108 Loan in the amount of $4,000,000.00 (the "Section 108 Loan") in connection with the environmental remediation and development of the commercial portion of Purchaser's intended development. In that regard, Seller agrees to promptly file an application for the Section 108 Loan from the applicable governmental agency. Both parties shall cooperate in good faith to seek the granting of the Section 108 Loan to Seller, with the further understanding and agreement that both parties must be agreeable to the terms of the Section 108 Loan. (b) if the Section 108 Loan is timely obtained by Seller, then following closing hereunder: (i) the proceeds of the BEDI Grant shall be used exclusively for the payment of costs in connection with the Environmental Remediation (hereinafter defined); and (ii) the proceeds of the Section 108 Loan shall be used exclusively for payment of soft costs in connection with the Commercial Component (hereinafter defined), Environmental Remediation costs (including, without limitation, reimbursement to Seller of the cost of acquisition and remediation of the HUD Duplex Parcel and the Private Duplex Parcel) and contingent purchase price for acquisition of the Property to be paid if and to the extent the costs of completing the Environmental Remediation are less than the Remediation Expense Cap, as hereinafter defined and provided for; provided further that all such costs are legally permissible and that all such costs are set forth in a mutually agreed upon project budget (the "Project Budget") to be agreed upon within sixty (60) days following the Effective Date hereof. The Project Budget may be subject to amendment upon finalization of the RAP and the MUSP (as such terms are hereinafter defined), when the costs and expenses of compliance therewith are finalized. In addition, the parties agree that following a closing hereunder, Purchaser shall be reimbursed for all amounts paid to the Environmental Consultant (in accordance with Paragraph 14(d) hereof) from the BEDI Grant -and the Section 108 Loan. Any unused Section 108 soft cost funds will be reallocated into the interest reserve for the Section 108 Loan. The proceeds of the BEDI Grant and the Section 108 Loan shall be disbursed by Seller to Purchaser monthly, in accordance with the Project Budget pursuant to the terms of a loan agreement (the "Loan Agreement"), which Loan Agreement shall contain provisions similar to the provisions contained in the Section 108 Loan and other provisions customarily contained in institutional construction loan agreements, provided that: (i) the portion of the Section 108 Loan designated for interest reserve shall only be used for interest as it accrues, and (ii) the portion of the Section 108 Loan designated for soft costs for the Commercial Component (as hereinafter defined) shall only be disbursed at such time as Purchaser: (x) closes a construction loan and provides proof of sufficient equity to fully construct the Commercial Component, (y) has provided a full set of construction drawings for the Commercial (2)2-18-03 03-- 200 Component to Seller, and (z) has obtained a full building permit for the Commercial Component. The foregoing restriction on disbursement of Section 108 Loan funds for the Commercial Component shall not apply to disbursement of Section 108 Loan funds for costs incurred by Purchaser in connection with the Environmental Remediation. (c) At Closing, in connection with the use of the proceeds from the Section 108 Loan, Purchaser shall execute and deliver a purchase money note in favor of Seller (the "Purchase Money Note") in the principal amount equal to the amount of the Section 108 Loan and bearing interest at the rate set forth in the Section 108 Loan. The Purchase Money Note shall be secured by a purchase money mortgage, assignment of leases and rents and security agreement (the "Purchase Money Mortgage"), UCC -1 Financing Statements, Non -foreign Affidavit and Indemnification, an Owner's Affidavit and a "Completion Guaranty" (guarantying full completion of the Environmental Remediation and the construction of the Commercial Component) and such other documents as Seller shall reasonably request to evidence the indebtedness and perfect its liens (collectively, the "Security Documents") encumbering the Property. The Purchase Money Note and Purchase Money Mortgage shall be drawn in forms acceptable to Seller and Purchaser and shall contain provisions customarily contained in similar construction loan documents and shall be agreed upon between the parties within sixty (60) days following the Effective Date hereof. (d) Construction Loan. Upon completion of the Environmental Remediation and prior to commencement of construction of the Project, Purchaser may obtain a construction loan or loans (the "Construction Loan(s)") from an institutional lender(s) to finance the development and construction of the Project. The terms of any Construction Loan must be mutually acceptable to Purchaser and Seller, and shall contain standard -protections for junior mortgagees and shall be issued at no more than either (i) a 75% loan to cost ratio for the Condominiums and no more than a 67% loan to cost ratio for the Commercial Component or (ii) any amount that is set forth in the Project Budget which is approved by Seller in writing, with Purchaser also providing to Seller reasonable evidence of the availability of remaining necessary equity to complete construction of the phase of the Project covered by the Construction Loan. In such event, Seller shall subordinate the Security Documents to the Construction Loan with respect to the phase of the Project covered by the Construction Loan in question. At the time the Purchaser obtains and closes a construction loan for the first residential Phase, Seller shall release the lien of the Security Documents from the first residential Phase provided that Seller shall continue to hold Purchaser's Letter of Credit as additional security for the repayment of the Purchase Money Note and Mortgage, which Letter of Credit may be reduced to an amount no less than Five Hundred Thirty- -4— (2) 2-18-03 03- 200 Nine Thousand Six Hundred Sixty -Six and No/100 Dollars ($539,666.00), which amount must be increased pursuant to Subparagraph 14(c) hereof. Seller shall release the lien of the Security Documents from the second residential Phase when Purchaser obtains and closes a construction loan for such Phase only if: (a) Purchaser has completed construction of both the first residential Phase and the Commercial Component; and (b) the loan to value ratio for the Commercial Component does not exceed eighty- five percent (85%); provided, however, if the loan to value ratio of the Commercial Component exceeds eighty-five percent (85%), Seller shall release the lien of the Security Documents so long as Seller continues to hold the Letter of Credit as additional security for the repayment of the obligations under the Purchase Money Note and Mortgage, which Letter of Credit shall be in the amount set forth in the preceding paragraph. At such point as Purchaser achieves a loan to value ratio of 85% or less for the Commercial Component, Seller shall release the Letter of Credit. (e) Permanent Loan. In connection with the development and operation of the Commercial Component, Purchaser may desire to obtain a permanent or take out loan. In such event, Seller shall likewise subordinate the Security Documents to the lien of such permanent or take out loan replacing a construction loan, provided, again, that there are standard protections for junior mortgagees reasonably acceptable to Seller, that the loan to value ratio does not exceed sixty-seven percent (67%) and that there is a debt service coverage ratio of not less than 1.25 to 1. (f) Loan to Value Ratios. Anything to the contrary notwithstanding, the combined loan to value and/or loan to cost ratios set forth above in paragraphs (d) and (e) shall never, when combined with the amount of debt covered by the Security Documents, exceed eighty-seven percent (87%). (g) Contingent Purchase Price. In connection with the Environmental Remediation, the parties have agreed upon a remediation expense cap of $2,619,000.00 (the "Remediation Expense Cap"), which includes the areas of expense set forth in Exhibit "E" attached hereto, including, without limitation, the insurance deductibles. If the total cost for all of the items of expense is less than the Remediation, Expense Cap, as determined using bids from environmental contractors to perform the Environmental Remediation, the estimated cost savings shall be used as follows: (a) fifty percent (50%) of the savings shall be paid to Seller as a contingent purchase price for the Property and shall a drawn from the Section 108 Loan and included under the Security Documents; and (b) fifty percent (50%) of the savings shall be used to increase the Section 108 Loan proceeds available for payment of soft costs in connection with the Commercial Component and/or interest reserve. -5— (2) 2-18-03 03- 200 (h) All of the provisions of this paragraph 5 shall survive closing. 6. Title Purchaser shall obtain a title commitment (the "Commitment") and survey (the "Survey") of the Property within forty-five (45) days after the Effective Date. The Commitment and Survey shall show Seller to be vested with fee simple title to the Realty, subject to the following (the "Permitted Exceptions"): (a) ad valorem real estate taxes for 2003 and subsequent years; (b) all laws, ordinances and governmental regulations, including, but not limited to, all applicable building, zoning, land use and environmental ordinances and regulations; (c) restrictions, reservations, easements, covenants, agreements, limitations and other matters appearing of record, all of which are subject to Purchaser's approval; and (d) matters caused by or under Purchaser. Purchaser shall have fifteen (15) days after Purchaser obtains the Commitment and Survey to examine same, but not more than sixty (60) days following the Effective Date (the "Title Inspection Period"). If Purchaser finds title to be defective (i.e., matters which render title unmarketable in accordance with the standards of the Florida Bar and are not Permitted Exceptions), Purchaser shall, no later than the expiration of such Title Inspection Period, notify Seller in writing specifying the defect(s) provided that if Purchaser fails to give Seller written notice of defect(s) before the expiration of said Title Inspection Period, the defects shown in the Commitment shall, anything in this Agreement notwithstanding, be deemed to be waived as title objections to closing this transaction and Seller shall be under no obligation whatsoever to take any corrective action with respect to same nor to warrant title to same in its- special warranty deed of conveyance. If Purchaser has given Seller timely written notice of defect(s) and the defect(s) render the title other than as required by this Agreement, Seller shall use its reasonable efforts to cause such defects to be cured by the date of Closing (as herein defined). Seller agrees to remove by payment, bonding, or otherwise any lien in a liquidated amount against the Property capable of removal by the payment of money or bonding, provided the cost of removal shall, in the aggregate, not exceed ten thousand and No/100 ($10,000) Dollars. In no event shall Seller be obligated to bring suit or to expend any sums of money to buy-out or to settle any such lien, or any other encumbrance or claim against the Property or to cure any other title defect. Seller shall be responsible for curing, subject to the limitations set forth in this paragraph, any new defects in title caused by Seller which arise prior to closing. At either party's option, the date of Closing may be extended for a period not to exceed 90 days for purposes of eliminating any title defects. In the event that Seller, after using reasonable efforts, does not eliminate all timely raised title defects as of the Closing, as the same may be extended under the preceding sentence, Purchaser shall have the option of either: (i) -6— (2) 2-18-03 03- 200 Closing and accepting the title "as is," without claim against Seller therefor, or (ii) canceling this Agreement in which event the Escrow Agent shall return the Deposit and all interest earned thereon to Purchaser, whereupon both parties shall be released from all further obligations under this Agreement. 7. Conditions Precedent and Financing. The parties acknowledge and agree that Purchaser intends to remediate, construct and develop the Property in four separate and independent phases as follows: (i) immediately following closing, Purchaser shall commence remediation of the environmental condition of the Property as provided in Paragraph 14 below; (ii) thereafter, the three parcels that comprise the Property shall be developed as three separate phases (each a "Phase," and collectively, the "Phases") to contain two (2) separate residential condominiums (each a "Condominium," and collectively, the "Condominiums"), each containing 99 residential "for -sale" condominium units, subject to the Affordable Housing requirements hereinafter set forth, and approximately 97,175 square feet of commercial space (the "Commercial Component"), which will include commercial space and special needs residential rental units ("Purchaser's Intended Improvements" or the "Project"). Accordingly, the parties' obligation to close the transaction provided for in this Agreement shall be subject to the following conditions precedent to Closing (the "Conditions Precedent"): (a) Site Plan Approval. It is the parties' intention and agreement that the Project be developed in substantial accordance with a site plan (the "Site Plan"), which Site Plan must be mutually acceptable to Purchaser and Seller. Purchaser shall deliver to Seller, within one hundred twenty (120) days after the Effective Date, a proposed site plan for Seller's review and approval. Thereafter, the parties shall have a period of thirty (30) days to reach agreement in writing upon a suitable Site Plan, both as to substance and detail. The Site Plan must break out each of the phases, provide reasonable exterior and landscaping details, provide generalized floor plans, and otherwise be sufficient in detail and scope for purposes of obtaining all of the zoning and land use approvals provided for in Subparagraph 7(b) below. In the event the parties do not agree in writing to a suitable Site Plan within such thirty (30) day period, then either party may, at its sole option, terminate this Agreement. (b) Zoning and Land Use Approvals. k shall be a further condition of the Closing of this transaction that: (i) the Property shall be rezoned to a C-1 land use designation (the "Rezoning") under the City's zoning code; (ii) the condominiums and the special needs residential units shall be granted a special exception or other appropriate governmental approval, if any be necessary, to provide for one parking space for each one -bedroom, studio and two-bedroom unit and two parking spaces for each three or more bedroom unit; (iii) the Property shall be replatted, as necessary or as legally required to permit the development and construction of Purchaser's Intended Improvements; and (iv) a Major Use Special Permit (the "MUSP") -7— (2) 2-18-03 03- 200 shall be obtained for the Property. Seller shall waive the application fees otherwise payable to the City for the foregoing approvals to the extent permitted by law. In addition, with regard to the replat and MUSP approvals, all applications shall be prepared by the Purchaser and all costs required in connection with same (e.g., engineering and survey costs for the replat) shall be at Purchaser's expense. Purchaser shall prepare and submit the MUSP application within one hundred twenty (120) days after the Effective Date hereof. The condition to obtain the foregoing approvals shall be deemed satisfied and fulfilled at such time as the approvals are fully adopted by applicable governmental action and the same have become binding and nonappealable. The City, as owner of the Property, shall join in or be applicant for all such approvals and the parties shall cooperate in good faith in the submissions and processing of the applications. Notwithstanding the foregoing, Purchaser recognizes and agrees that the City's agreement to make and process applications for the foregoing approvals shall in no way imply that the City will approve the applications, nor shall the same obligate the City to spend any monies or take any extraordinary actions with regard thereto. All such considerations and actions by the City shall be undertaken in accordance with established requirements of state statute, and the City Charter and City ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement is intended to limit or restrict the powers and responsibilities of the City in acting on such applications by virtue of the fact that the City may have been required to file or consent to such applications as a property owner. The parties further recognize and agree that these proceedings shall be conducted openly, fully, freely and fairly in full accordance with law and with both procedural and substantive due process to be accorded the applicant and any member of the public that may be entitled to participate in any proceeding. Nothing contained in this Agreement shall entitle the Purchaser to compel the City to take any action, except the consents to the filing of such applications for the required approvals and to timely process the applications. (c) Acquisition and Conveyance of Private Duplex and HUD Duplex. Purchaser acknowledges and agrees that Seller has not yet acquired title to either the HUD Duplex Parcel, or the Private Duplex Parcel, but that Seller is in the process of finalizing negotiations of the acquisition of both such parcels. In that regard, the parties further agree as follows: (i) Seller will use its good faith efforts to purchase the HUD Duplex at a cost not to exceed $1.00, and at Closing will convey to Purchaser marketable and insurable title of same subject to the Permitted Exceptions and the HUD Covenant, which will contain restrictions -8— (262-18-033200 substantially as set forth on Exhibit "B" hereto and which shall be deemed Permitted Exceptions. (ii) Seller shall use its good faith efforts to purchase the Private Duplex at a cost not to exceed $145,000, and at Closing will convey marketable and insurable title of same to Purchaser, subject to the Permitted Exceptions. (iii) Seller shall demolish the HUD Duplex and Private Duplex prior to Closing. In the event it becomes necessary to perform any Environmental Remediation of the Private Duplex or HUD Duplex portion of the Property, the expense of same shall be treated in the same manner as all other Environmental Remediation expenses. In the event Seller has not acquired title to both the HUD Duplex and the Private Duplex within one hundred eighty (180) days after the Effective Date, Purchaser or Seller may, at their respective sole options, terminate this Agreement. (d) Financing. (i) Seller shall have been awarded the BED[ Grant and shall have obtained approval and funding of the Section 108 Loan. (ii) The parties shall have agreed to the final form of the Security Documents within sixty (60) days following the Effective Date of this Agreement. (iii) The parties shall have agreed to the Project Budget within sixty (60) days following the Effective Date of this Agreement. (iv) Purchaser shall have been approved and appropriate documentation shall have been given to Purchaser for the granting - of HOME Funds (as hereinafter defined) in an amount no less than One Million Two Hundred Thousand and No/100 Dollars ($1,200,000.00) for the construction of eleven (11) HOME assisted units in the first Condominium. -9— (2) 2-18-03 03. 200 (e) Approval of Remedial Action Plan. Purchaser (with the help and input of Seller), at Purchaser's expense, shall have prepared and submitted the RAP as set forth in Paragraph 14(d) and shall have obtained approval for same from DERM (as hereinafter defined) as provided in Paragraph 14 below. If the good faith estimated cost of completing the RAP, as provided by the Environmental Consultant (as hereinafter defined), exceeds $2,619,000.00, Purchaser shall have the right to terminate this Agreement by notice given no later than fifteen (15) days after the date that the RAP is approved. In the event any one or more of the above conditions contained in this Paragraph are not satisfied prior to the date provided (or if no date has been provided by the date specified for Closing), Purchaser and Seller may mutually agree to waive the condition and close "as is" without claim against the other party therefor or either party may elect to terminate this Agreement by written notice to the other party and immediately upon such termination, the Deposit and all interest accrued thereon shall be returned to the Purchaser. Notwithstanding the above, Purchaser and Seller (through the City Manager) may mutually agree to extend the time for performance of any of the Conditions Precedent for a period not to exceed ninety (90) days, but in no event shall either party be required to close prior to satisfaction of all Conditions Precedent. The Conditions Precedent shall not be deemed satisfied until all applicable appeal periods, if any, have expired, unless expressly waived by both parties. 8. Seller's Representations. Seller represents to Purchaser as follows: (a) Mechanic's Liens. Seller shall be responsible for and shall promptly pay all amounts owed for labor and services rendered, and materials supplied, to the Property, other than at the request of Purchaser, prior to Closing. (b) FIRPTA. Seller is not a "foreign person" within the meaning of the United States tax laws and to which reference is made in Internal Revenue Code Section 1445(b)(2). At Closing, Seller shall deliver to Purchaser a certificate to such effect. (c) Seller is a municipal corporation duly organized and validly existing under the laws of the State of Florida; and has full power and capacity to own its properties, to carry on its business as presently conducted by Seller, and to enter into the transactions contemplated by this Agreement. (d) Seller's execution, delivery and performance of this Agreement have been duly authorized by all necessary legal actions and do not and shall not conflict with or constitute a default under any indenture, agreement or instrument to which Seller is a party or by which Seller or Seller's property may be bound or affected. -10— (2) 2-18-03 03- 200 (e) This Agreement constitutes the valid and binding obligation of Seller, enforceable against Seller, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally. The provisions of this Paragraph 8 shall survive Closing. 9. Purchaser's Representations. Purchaser represents to Seller as follows: (a) Purchaser is a knowledgeable and sophisticated Purchaser and operator of real estate properties. Purchaser has previously reviewed and considered the nature of this transaction and the Title Inspection Period will enable Purchaser to thoroughly investigate the Property and all aspects of the transaction. Furthermore, Purchaser is aware of and acknowledges that the Property contains certain Hazardous Materials, as more particularly described below in Paragraph 14. In electing to proceed with this transaction, Purchaser shall have determined that the Property is satisfactory to Purchaser in all respects and is purchasing the Property in "as is" condition. Purchaser has and will rely solely on Purchaser's own independent investigations and inspections, and Purchaser has not relied and will not rely on any representation of Seller other than as expressly set forth in this Agreement (and provided that Purchaser understands and agrees that none of the representations of Seller, except as specifically set forth herein, shall survive the Closing nor are intended to be relied upon by Purchaser after Closing). Purchaser further acknowledges and agrees that, except for the specific representations made by Seller in this Agreement, Seller has made no representations, is not willing to make any representations, nor held out any inducements to Purchaser other than those (if any) exclusively set forth in this Agreement; and Seller is not and shall not be liable or bound in any manner by any express or implied warranties, guaranties, statements, representations or information pertaining to the Property, except as may be specifically set forth in this Agreement. To the extent that the provisions of this Paragraph conflict with the provisions of Subparagraph 14(e), the provisions of Subparagraph 14(e) shall govern. (b) Purchaser is a limited liability company duly organized and validly existing under the laws of the State of Florida, and has full power and capacity to own its properties, to carry on its business as presently conducted by Purchaser, and to enter into the transactions contemplated by this Agreement. (c) Purchaser's execution, delivery and performance of this Agreement have been duly authorized by all necessary individual, partnership, corporate and legal actions and do not and shall not conflict with or constitute a (2)2-18-03 03- 200 default under any indenture, agreement or instrument to which Purchaser is a party or by which Purchaser or Purchaser's property may be bound or affected. (d) This Agreement constitutes the valid and binding obligation of Purchaser, enforceable against Purchaser, and its successors and assigns, in accordance with their respective terms, subject to bankruptcy, insolvency and other similar laws affecting the rights of creditors generally. The provisions of this Paragraph 9 shall survive Closing. 10. Default Provisions. In the event of a default by Purchaser under this Agreement or any misrepresentation by Purchaser contained in this Agreement, without any default of Seller, Seller shall receive the Deposit, together with all interest earned thereon, as Seller's sole and exclusive remedy and as agreed and liquidated damages, whereupon the parties shall be relieved of all further obligations hereunder. Purchaser and Seller acknowledge and agree that actual damages are difficult or impossible to ascertain and the Deposit, together with all interest earned thereon, is a fair and reasonable estimation of the damages of Seller. In the event of a default by Seller under this Agreement, without any default of Purchaser, Purchaser at its option shall have the right, as its sole and exclusive remedies, to either: (i) receive the return of the Deposit together with all interest earned thereon, whereupon the parties shall be released from all further obligations hereunder, or, alternatively, (ii) seek specific performance of the Seller's obligations hereunder. Neither party shall be entitled to exercise any remedy for a default by the other party, except failure to timely close, until (i) such party has delivered to the other notice of the default and (ii) a period of ten (10) calendar days (or the Notice Period_, as hereinafter defined, as applicable) from and after delivery of such notice has expired with the other party having failed to cure the default or, if the default is of a nature that can not be cured within said period of ten (10) days (or the Notice Period, as applicable), has failed to commence and diligently pursue the cure of the default. If this Agreement is terminated by any means other than Closing, Purchaser shall return all materials received from Seller. Purchaser, at its sole cost and expense, shall deliver to Seller any surveys, title reports, engineering reports, environmental reports, and other documentation relating to Purchaser's inspection of the Property. Notwithstanding the foregoing, in the event of a default by either party of any obligations which specifically survive Closing, then the non -defaulting party shall be entitled to seek any legal redress permitted by law or equity. The provisions hereof shall survive Closing. -12— (2) 2-18-03 03- 200 11. Prorations, Deposits. Seller shall pay for real estate and personal property taxes, if any, which accrue during the time Seller owns the Property. Real estate and personal property taxes which accrue after Closing shall be paid by Purchaser. Other items of income and expense, interest, rents and all other proratable items shall be prorated as of 12:01 a.m. of the date of Closing. The provisions of this Paragraph 11 shall survive the Closing. 12. Improvement Liens. Certified, confirmed or ratified liens for governmental improvements as of the date of Closing, if any, shall be paid in full by Seller, and all other liens for governmental improvements (whether certified after Closing or pending) shall be assumed by the Purchaser. Notwithstanding the foregoing, to the extent any of the foregoing certified, confirmed or ratified liens are payable in installments, Purchaser shall take title subject to such lien(s) and assume the balance of such installment -payments. In such event, the installment payment for the year of Closing shall be prorated as of 12:01 a.m. of the date of Closing. 13. Closing Costs. The parties shall bear the following costs: (a) The Purchaser shall be responsible for payment of the following: (i) the cost of the title search and title examination and the premium on any owner's (and lender's) title insurance policy, (ii) clerk's recordation fees for recording the special warranty deed and the Security Documents, (iii) the cost of obtaining the Survey; and (iv) the documentary stamps and intangible tax on the Security Documents. (b) Each party shall be responsible for payment of fifty percent (50%) of the cost of the documentary stamp taxes and surtax, if any, on the special warranty deed. (c) The Seller shall be responsible for payment of the recording costs of documents necessary to clear title at Closing, if any. (d) Each party shall pay its own legal fees except as provided in Subparagraph 26(c) below or as otheMise expressly provided herein. (e) If Seller is required to commence the Environmental Remediation prior to Closing, provided Seller performs same in accordance with the terms of Subparagraph 14(d) hereof, any costs incurred by Seller in connection therewith, including, without limitation, $200,000.00 for the cost of acquiring and remediating the HUD Duplex Parcel and the Private Duplex Parcel, shall be reimbursed by Purchaser at Closing from the first proceeds of the BEDI Grant and the Section 108 Loan. -13— (2) 2-18-03 03- 200 14. Environmental Matters: (a)' Definitions. For purposes of this Agreement: (i) The term "Hazardous Materials" shall mean and include without limitation, any substance which is or contains (A) any "hazardous substance" as now or hereafter defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C., Section 9601 et seq.) ( CERCLA) or any regulations promulgated under or pursuant to CERCLA; (B) any "hazardous waste" as now or hereafter defined in the Resource Conservation and Recovery Act (42 U.S.C., Section 6901 et seq.); (C) any substance regulated by the Toxic Substances Control Act (15 U.S.C., Section 2601 et seq.); (D) gasoline, diesel fuel, or other petroleum hydrocarbons; (E) asbestos and asbestos containing materials, in any form, whether friable or non -friable; (F) polychlorinated biphenyls; and (G) any additional substances or materials which: (i) is now or hereafter classified or considered to be hazardous or toxic under Environmental Requirements (as hereinafter defined); (ii) causes or threatens to cause a nuisance on the Property or adjacent property or poses or threatens to pose a hazard to the health or safety of person on the Property or adjacent property; or (iii) would constitute a trespass if it emanated or migrated from the Property. (ii) The term "Environmental Requirements" shall mean all laws, ordinances, statutes, codes, rules, regulations, agreements, judgments, orders and decrees, now or hereafter enacted, promulgated, or amended of the United States, the State of Florida, DERM, Miami -Dade County or other applicable federal, state and local governmental entities having jurisdiction over the Property, relating to -- pollution, the protection or regulation of human health, n8tural_ resources, or the environment, or the emission, discharge, release or threatened release of pollutants, contaminants, chemicals, or industrial, toxic or Hazardous Materials or waste or hazardous substances into the environment (including, without limitation, ambient air, surface water, groundwater, land or soil). (iii) The term "Environmental Remediation" shall mean all testing, monitoring (including post -closure monitoring), assessment, removal, treatment, storage, disposal, and other activities necessary to clean-up the Property consistent with the DERM-approved RAP and all applicable Environmental Requirements to a condition which results in the issuance of a No Further Action Letter by the Miami -Dade County Department of Environmental Resource Management ("DERM") (or its equivalent), provided that if and to the extent there are conditions (the "Conditions") required by the No Further Action Letter (or its -14— g212-g 1 tw V 0 equivalent) then Purchaser shall be required to satisfy all such Conditions in a timely and prompt manner. (b) Environmental Report. Purchaser acknowledges receipt of the Site Assessment Report for the Property dated June 2002 and that certain Site Assessment Addendum dated September 2002 both prepared by Evans Environmental and Geosciences (collectively the "Environmental Reports"), which were given by Seller to Purchaser for informational purposes only, without any representations as to the accuracy or completeness of such information. (c) Environmental Remediation — Remediation Responsibility. The parties to this Agreement acknowledge the existence of Hazardous Materials on the Property that arose prior to the Effective Date. As a result of the existence of Hazardous Materials on the Property, Seller has requested and Purchaser hereby agrees that Purchaser shall assume all of Seller's obligations in connection with the Environmental Remediation and shall diligently implement, manage and coordinate the Environmental Remediation of the Property in order to obtain a No Further Action Letter from DERM, provided, however, that this provision shall not be interpreted to mean that Purchaser has accepted Seller's liabilities, if any, which have been or may in the future be asserted for any claims for which Seller is specifically responsible as more particularly described in Subparagraph 14(e) hereof. The parties acknowledge that all or a portion of the costs of the Environmental Remediation will be funded through the BEDI Grant, the Section 108 Loan and other grant and loan funding sources to be determined and agreed upon between Purchaser and Seller. The parties acknowledge and agree that Purchaser shall be responsible for all costs and expenses in connection with the Environmental Remediation up to an amount equal to the Remediation Expense Cap. Except as provided _ below, Seller shall be responsible for all additional costs and expenses above the Remediation Expense Cap incurred by the Purchaser in connection with the Environmental Remediation. Notwithstanding the foregoing or anything in this Agreement to the contrary, Purchaser shall be responsible for all costs and expenses, above the Remediation Expense Cap, in connection with the Environmental Remediation (i) which are due to its negligence or wrongful misconduct, or (ii) which are covered by the Cost Cap Insurance (including the deductible). As security for performance of the Environmental Remediation as well as any contingent purchase price earned pursuant to Paragraph 5(g) above, Purchaser shall provide the Letter of Credit initially referred to in Paragraph 4 hereof. The Letter of Credit shall be: (i) issued by a financial institution reasonably acceptable to Seller; (ii) for an initial term of no less than one (1) year; (iii) payable automatically upon presentation thereof by Seller together with a written statement by Seller stating that the Purchaser is in default; and (iv) otherwise in form and substance (2)2-18-03 03- 200 reasonably acceptable to Seller. The Letter of Credit shall be maintained until the later of: (i) the time when the Environmental Remediation has been fully completed in accordance with the provisions of this Agreement, or (ii) the Commercial Component has been completed and has a loan to value ratio of no more than 85% as reasonably determined by Seller. If the satisfaction of the foregoing requirements for release of the Letter of Credit have not been fully satisfied at least sixty (60) days prior to the expiration of the Letter of Credit, Purchaser shall promptly renew such Letter of Credit for another year so as to ensure that the Letter of Credit is maintained until all such requirements have been fully satisfied. Purchaser shall provide evidence of such extension(s) at least thirty (30) days prior to the expiration of the Letter of Credit; if Purchaser fails to provide such evidence, Purchaser shall be deemed in default and Seller shall have the right to automatically present and draw upon the Letter of Credit. In the event that the Purchaser fails to comply with its obligations under this Agreement to complete the Environmental Remediation of the Project, including, but not limited to, the implementation of the RAP, and such failure continues for a period of thirty (30) days following written notice from Seller (the "Notice Period"), Seller shall be entitled to present and draw upon the Letter of Credit; provided, however, if the failure is of such a nature that it cannot be cured within the Notice Period, the Notice Period shall be extended so long as Purchaser continues to make good faith efforts to complete the implementation of the RAP, and further provided that such Notice Period shall in no event exceed ninety (90) days. Seller covenants and agrees with Purchaser that it will not present the Letter of Credit for payment except upon the expiration of such Notice Period. At such time as Purchaser receives the No Further Action Letter (or its equivalent) without Material Conditions (as hereinafter defined) from DERM, Seller shall reduce the amount of the Letter of Credit to $539,666.00 (as set forth in subparagraph 5(d) above). If the No- Further Action Letter contains Material Conditions, the Letter of Credit shall be reduced to an amount equal to the sum of $539,666.00 (as set forth in subparagraph 5(d) above) plus the estimated cost to satisfy each such Material Condition. The Letter of Credit shall then be reduced to $539,666.00 upon such time as (a) the Material Condition is completely satisfied or (b) the cost to satisfy such Material Condition is less than $100,000.00, as reasonably determined by Seller. Notwithstanding the reduction in the face amount of the Letter of Credit, Purchaser shall comply with all continuing obligations imposed by the Conditions in the No Further Action Letter. For purposes hereof, the term "Material Conditions" shall mean any condition(s) that, in the aggregate, will cost more than One Hundred Thousand and No/100 Dollars ($100,000.00), as reasonably determined by Seller. -16- 61-2-ot 0 0 Promptly after closing, Purchaser shall retain a duly licensed and qualified environmental remediation contractor reasonably acceptable to Seller to perform all of the Environmental Remediation work as provided in the RAP. Any indemnity or hold harmless agreement given by any Environmental Contractor to Purchaser shall also expressly run to the benefit of Seller. Purchaser's obligations to implement the Environmental Remediation shall be secured by the Security Documents as well as the Letter of Credit. Purchaser shall also execute a Collateral Assignment of Environmental Remediation- Agreements (the "Environmental Assignment") in favor of Seller assigning to Seller all rights of Purchaser in connection with any Environmental Remediation Agreements. Purchaser agrees to promptly provide copies of all correspondence submitted to and received from all governmental agencies in connection with the Environmental Remediation and shall promptly deliver to Seller all notices, correspondence and other communication, in whatever written or electronic format, received from such agency in connection with the Environmental Remediation and/or the environmental condition of the Property. In the event that Purchaser fails to comply with its obligations under this Paragraph to diligently implement the Environmental Remediation, including, but not limited to, Purchaser's obligations to complete the Conditions, and if such failure continues after the expiration of the Notice Period, as more particularly described above, Seller shall be entitled to draw upon the Letter of Credit, and Seller shall have the right, but not the obligation, to assume the Environmental Remediation Agreements and to complete the Environmental Remediation. In the event that Seller assumes the Environmental Remediation, and the costs for same exceeds the amount of the Letter of Credit, Purchaser shall promptly reimburse and hold harmless Seller for such additional costs. Notwithstanding anything to the contrary contained herein, if DERM unilaterally requests a material change to the RAP and if Purchaser has appealed such change (provided Purchaser has rights under any applicable law or code to appeal such change), then Seller shall not be entitled to draw upon the Letter of Credit until such time as Purchaser has exhausted its administrative right to appeal and provided further that there will be no imminent harm or danger to the public or the neighboring property owners as a result thereof. 11 If the applicable governmental authority and/or the terms of the RAP will require that Environmental Remediation work be commenced prior to Closing, then Seller shall retain an environmental contractor reasonably acceptable to Purchaser to perform such work and, upon Closing, Seller shall, at Purchaser's option, either terminate such contractor or assign its agreement with any such environmental contractor to Purchaser (and Purchaser shall assume same). All amounts paid by Seller to the environmental contractor prior to Closing shall be reimbursed by Purchaser at Closing in accordance with Paragraph 13 hereof. Purchaser -17— (2) 2-18-03 03- 200 shall be entitled to reasonably approve the terms of any such contract and shall review and approve all work thereunder. (d) Environmental Consultant and Remediation Action Plan. As a material inducement for Seller to enter into this Agreement, Purchaser agrees that within fifteen (15) days following the Effective Date, Purchaser shall retain an environmental consultant reasonably acceptable to Seller ("Environmental Consultant") to prepare a Remediation Action Plan ("RAP") for the Property for submittal to DERM. Purchaser shall be solely responsible for all costs and expenses of the Environmental Consultant prior to termination of this Agreement. Seller shall be named a third -party beneficiary of the contract between Purchaser and the Environmental Consultant (the "RAP Contract"). In the event that this Agreement is terminated prior to completion of the RAP, Purchaser shall provide to Seller all documentation and information it has received from the Environmental Consultant in connection with the RAP Contract and at Seller's option, the RAP Contract shall be terminated or, alternatively, assigned to Seller (in which latter case, Seller shall assume all obligations to the Environmental Consultant first accruing after termination of this Agreement). The RAP will be submitted in draft form to Seller for review and comment at least ten (10) business days prior to submittal to DERM. A RAP shall not be provided to DERM without Seller's consent which consent shall not be unreasonably withheld or delayed. Further, prior to the submission of any documents to DERM in order to respond to requests for additional information or to otherwise support the approval of the RAP, such submission must be consented to by the Seller, which consent shall not be unreasonably withheld or delayed. The objectives of the RAP shall include such actions as are necessary to secure DERM approvals and determinations necessary for Environmental Remediation of the Property consistent with all Environmental requirements. The RAP shall propose remedial actions which are consistent with the development of the Project in order to assure that conditions of the Property can support Purchaser's Intended Improvements. Seller is to be informed and invited to participate at least 48 hours prior to all scheduled meetings with DERM related to the review and approval of the RAP. Purchaser shall timely complete the Environmental Remediation consistent with the RAP until receipt of the No Further Action Letter (or its equivalent) for the Property. Seller agrees to cooperate with Purchaser to assist Purchaser's implementation of the RAP to allow completion of the RAP in a timely and efficient manner. Furthermore, Seller or its agents shall sign all waste tickets or similar documentation required by applicable governmental authorities. Seller shall act diligently in seeking approval of the RAP for the Property. MIMM O(�)2-18A3OO (e) Environmental Liability. Notwithstanding that Purchaser has accepted the responsibility to complete the Environmental Remediation of the Property, subject to the terms of this subparagraph, Purchaser does not assume any liability for third party liability claims arising out of (i) the existing environmental condition of the Property, including the existing and/or prior presence of Hazardous Materials, or (ii) the presence of new Hazardous Materials on the Property in the future caused solely by Seller. Purchaser shall be liable for the implementation of the RAP, any new Hazardous Materials not caused by Seller and for the proper disposal of the existing Hazardous Materials. Subject only to the limitations of Section 768.28 Florida Statutes and any applicable case law regarding sovereign immunity, and provided that Purchaser is not in violation of its obligations under this Paragraph 14, Seller agrees to save and hold harmless Purchaser its successors and assigns, lenders, officers, partners, managers and agents from any liability, costs and expenses, including reasonable attorney fees, resulting from the existence of Hazardous Materials on the Property as of the Closing; provided, however, the indemnification obligations set forth herein shall not apply to any condition which is caused by the failure of Purchaser, Purchaser's contractors, employees or agents, to comply with the obligations set forth in this Agreement (e.g., the improper disposal or waste of Hazardous Materials or the exacerbation of any existing condition at the Property due to the negligence or willful misconduct of Purchaser). (f) Indemnification by Purchaser. Purchaser, on behalf of itself, its successors and assigns, agrees to indemnify, hold harmless and defend Seller from and against any and all liabilities, penalties, fines, suits, claims, demands, actions, losses, expenses, investigation and remediation costs, causes of action, proceedings, judgments, executions and reasonable costs of any kind or nature whatsoever (including reasonable attorneys' -fees at trial, administrative proceeding and appeal) in connection with, arising out of or related to Purchaser's (or its employees, contractors, agents or anyone for whom they may be responsible for): (i) release, discharge, spill, emission or migration of Hazardous Materials at or from the Property; (ii) failure to comply with any Environmental Remediation or to comply with any Condition(s) following the date that the No Further Action Letter is obtained; (iii) noncompliance with any Environmental Requirement or; (iv) a breach of the tEfrms or conditions of this Paragraph 14. (g) Insurance Coverages. As part of the cost of Environmental Remediation, Purchaser shall obtain, from an insurance carrier reasonably acceptable to Seller: (i) third party liability coverage, naming both Seller and Purchaser as insureds, for limits of no less than Ten Million and No/100 Dollars ($10,000,000.00), and (ii) environmental remediation cost cap insurance covering all costs of remediation beyond 110% of the estimated cost of the Environmental Remediation (the "Cost Cap Insurance"). The cost cap _19— (2)2-18-03 19— (2)2-18-03 03- 200 insurance limits shall be twice the amount of the Environmental Remediation costs. Purchaser shall be responsible for obtaining the aforementioned Cost Cap Insurance coverage subject to the reasonable approval of Seller. The City may consider and accept alternative forms of insurance (e.g., performance bond). The liability insurance shall be maintained for a term of no less than ten (10) years. In lieu of obtaining the foregoing Cost Cap Insurance, Purchaser may elect to deliver One Million Eight Hundred Thousand and No/100 Dollars ($1,800,000.00) (the "Escrow Funds") to Seller to be held in escrow by Seller. Such Escrow Funds shall be used if the cost of completing the Environmental Remediation exceeds the amount set forth in the Project Budget. Upon completion of the Environmental Remediation, all remaining amounts of the Escrow Funds, if any, shall be returned to Purchaser. (h) The provisions of this Paragraph 14 shall survive Closing. 15. Development of Affordable Housing. As an inducement to Seller to enter into this Agreement and to sell the Property to Purchaser, the Purchaser agrees to implement the Project to increase the supply of affordable homeownership housing. Purchaser agrees and represents to Seller that it will develop not less than seventy four percent (74%) (i.e., 74 units in each of the Condominiums) of each of the "for -sale" Condominium housing units as affordable housing in accordance with the Affordable Housing Exemption (the "Affordable Housing"). Such Affordable Housing is to include eleven (11) units in each Condominium that are designated housing for families with no more than 80% of the median income for Miami -Dade County, Florida. In that regard, Purchaser intends to seek additional governmental grants or other economic incentives (the "HOME Funds") in- the amount of at least $1,200,000 for each Condominium. Purchaser must be approved for HOME Funds for the first Condominium as a condition precedent to Closing, as more particularly described in Subparagraph 7(d) hereof. With respect to the second Condominium, in the event that Purchaser is unable to obtain such HOME Funds, after good faith effort, then in lieu of development of the eleven (11) units at the 80% or lower median income level, such eleven (11) units may be developed for families whose income is no more than 120% of median income. The provisions of this Paragraph 15 shall be covenants running with the title to the Property, shall survive Closing and shall be included in the Covenant to Restrict Use. 16. Closing. Subject to other provisions of this Agreement for extension, the Closing (the "Closing") shall be held on December 15, 2003 (the "Closing Date") at the offices of the attorneys for the Seller, Greenberg Traurig, P.A., at 1221 Brickell Avenue, Miami, Florida 33131. -20— (2) 2-18-03 03- 200 At Closing, Seller shall execute and/or deliver (as applicable) to Purchaser the following Closing documents: (a) a special warranty deed conveying the Realty subject to the Permitted Exceptions (and any other matters either consented to or not timely objected to by Purchaser after Purchaser's review of title pursuant to Paragraph 6 above); (b) a "non -foreign" affidavit or certificate pursuant to Internal Revenue Code Section 1445; and (c) a mechanic's lien affidavit. (d) a corporate resolution and/or such other evidence of authority and good standing with respect to Seller as may be reasonably required by the title insurance company issuing title to Purchaser. (e) a letter directing Escrow Agent to return the Deposit to Purchaser. At Closing, Purchaser shall execute and/or deliver (as applicable) to Seller: (a) the Letter of Credit; (b) the Security Documents; (c) the Covenant of Use; (d) the Reverter Covenant; (e) the liability insurance set forth in Subparagraph 14(g) hereof; (f) Cost.Cap Insurance or the Escrow Funds; (g) an ALTA mortgagee policy of title insurance issued by a nationally recognized title insurance company which shall include extended coverage and all other endorsements which Seller shall reasonably require, issued in an amount not less than the amount of the principal of the Purchase Money Note, insuring that the Mortgage is a valid first lien on the Property; 1. (h) evidence, if applicable, that Purchaser and/or the persons signing on Purchaser's behalf, have the legal capacity and authority to enter into this Agreement, to execute and deliver the Purchase Money Note and the Security Documents and to consummate the transaction contemplated hereby; the Survey certified to Seller; -21 — (2) 2-18-03 03- 200 (j) prepaid, all-risk property insurance policies covering the Property issued by companies, on forms and with deductibles, all of which are acceptable to Seller and in compliance with the terms and provisions of the Mortgage; (k) an affidavit re -affirming the warranties and representations set forth in Paragraph 9 above; and (1) an opinion of Purchaser's counsel acceptable to Seller and covering the following matters: (i) the due authorization, execution, validity, binding effect and enforceability of the Purchase Money Note and the Security Documents in accordance with the terms thereof, (ii) the Security Documents complying with the applicable usury laws, (iii) the due organization and valid existence of Purchaser and any entity which is a controlling stockholder or general partner of the Purchaser, (iv) the existence of, or non-existence of, any requirement for any consent of any governmental authority in connection with the execution, delivery or performance of the Purchase Money Note and the Security Documents, and (v) such other matters incident to the transactions contemplated by this Agreement as Seller may request. (m) Both parties shall execute and deliver counterpart Closing statements and such other documents as are reasonably necessary to consummate this transaction. 17. Brokers. The parties each represent and warrant to the other that there are no real estate broker(s), salesman (salesmen) or finder(s) involved in this transaction. If a claim for commissions in connection with this transaction is made by any broker, salesman or finder claiming to have dealt through or on behalf of one of the parties hereto ("Indemnitor"), Indemnitor shall indemnify, defend and hold harmless the other party hereunder ("Indemnitee"), and Indemnitee's officers, directors, agents and representatives, from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorney's fees and court costs at trial and all appellate levels) with respect to said claim for commissions. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Paragraph shall survive the Closing and any cancellation or termination of this Agreement. 18. Assignability. Purchaser acknowledges that part of the inducement of Seller to enter into this Agreement is the reputation and experience of Purchaser. Accordingly, Purchaser shall not be entitled to assign its rights hereunder nor to admit any new partners, investors or other beneficial owners of the Property or Purchaser, without the prior written consent of Seller in its sole and absolute discretion; provided, however, Purchaser shall be entitled to assign a minority portion of its equity interest in the Project to a third party investor(s) (subject to the City's prior written approval, which approval shall not be unreasonably -22— (2) 2-18-03 03- 200 withheld or delayed) providing equity financing for the Project. Notwithstanding the foregoing, with respect to each Phase of the Project, Purchaser shall not be entitled to convey title to such Phase unless (a) such assignment or conveyance be made to an entity wholly owned by Purchaser or its partners, or any approved equity investors as provided above or (b) the Phase has been fully constructed in compliance with this Agreement, provided the foregoing prohibition shall not apply to (i) an assignment of the second residential Phase, provided that the Purchaser has completed construction of both the first residential Phase and the Commercial Component and further provided that Purchaser obtains Seller's prior written approval of such assignee; and (ii) any institutional construction lender providing construction financing for such Phase and its successor in title, if foreclosed, subject to the right of the construction lender, if any, to complete the Project. At Closing, Purchaser shall furnish a covenant which will run with the land and shall be binding on the Purchaser, for itself and its successors and assigns, to provide for such non -assignability, as more particularly described in Paragraph 24 hereof. This covenant shall be released by Seller for each Phase of the Project as each Phase is completed or upon foreclosure by any institutional construction lender. 19. Escrow Agent. The Escrow Agent shall not be liable for any actions taken by it in good faith, but only for its gross negligence or willful misconduct. The parties hereby indemnify and agree to hold harmless the Escrow Agent from and against all liabilities, damages, claims, costs, fees and expenses whatsoever (including reasonable attorneys' fees and court costs at all trial and appellate levels) the Escrow Agent may incur or be exposed to in its capacity as escrow agent hereunder, except for its gross negligence or willful misconduct. If there be any dispute as to disposition of any proceeds held by the Escrow Agent pursuant to the terms of this Agreement, the Escrow Agent is hereby authorized to interplead the disputed amount or the entire proceeds with any court of competent jurisdiction and thereby be released from all of its obligations hereunder. The parties acknowledge that the Escrow Agent is the law firm representing Purchaser, and hereby agree that such law firm may continue to represent Purchaser in any litigation pursuant to this Agreement. The Escrow Agent shall not be liable for any failure of the depository. 20. Notices. Any notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been, given if delivered by hand, sent by recognized overnight courier (such as Federal Express) or mailed by certified or registered mail, return receipt requested, in a postage prepaid envelope, and addressed as follows: -23— (2) 2-18-03 03- 200 On Behalf of Seller: Joe Arriola City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133-5595 Copies to: Keith A. Carswell Director City of Miami Department of Economic Development 444 SW 2 Avenue, 3rd Floor Miami, Florida 33130 Alejandro Vilarello, Esquire City Attorney City of Miami 444 SW 2 Avenue Suite 945 Miami, Florida 33130 On Behalf of Purchaser. Wagner Square, LLC Attention Alberto Milo Jr., Manager 301 S.W. 17th Rd. 2nd Floor Miami, Florida 33129 Wagner Square, LLC 301 S.W. 17th Rd. 2nd Floor Miami, Florida 33129 Tom Maurer, Esquire Foley and Lardner 111 North Orange Avenue Suite 1800 Orlando, Florida 32801-2386 Irwin P. Raij, Esquire Foley and Lardner 3000 K St. NW Ste 500 Washington, D.C. 20008 Richard M. Zelman, Esquire 1401 Brickell Ave, 7th Floor Miami, Florida 33131 Notices personally delivered or- sent by overnight courier shall be deemed given on the date of delivery and notices mailed in accordance with the foregoing shall be deemed given three (3) days after deposit in the U.S. mails. 21. Designation of Representatives. Purchaser and Seller acknowledge that proper communication between Purchaser and Seller is important. Accordingly, to'facilitate such communication, the Purchaser and Seller have appointed the following persons on their respective behalves to be their representatives, to wit: On Behalf of Seller: Economic Development Department Attn: Keith Carswell, Director City of Miami On Behalf of Purchaser: Wagner Square, LLC Attention Alberto Milo Jr., Manager 301 S.W. 17th Rd. 2nd Floor -24— (2) 2-18-03 03- 200 444 SW 2 Avenue, 3rd Floor Miami, Florida 33130 Telephone 305/250-5400 Fax 305/416-2156 Miami, Florida 33129 Telephone 305-285-9050 Fax 305-860-4882 All notices shall be made in writing and shall be delivered: (a) in person or by registered mail (return receipt requested); (b) by facsimile and confirmed by registered mail (return receipt requested); or (c) by overnight mail. Each party shall have the right to change its representative, address or facsimile number for purposes of giving notice by giving notice thereof to the other party in the manner provided herein. 22. Risk of Loss. In the event that the Realty or any material portion thereof is taken by eminent domain prior to Closing, Purchaser shall have the option of either: (a) canceling this Agreement and receiving a refund of the Deposit and all interest earned thereon, whereupon both parties shall be relieved of all further obligations under this Agreement, or (b) proceeding with Closing, in which case Purchaser shall be entitled to all condemnation awards and settlements, if any. In the event only a nonmaterial portion of the Realty is taken by eminent domain prior to Closing, then Purchaser shall be required to proceed with Closing, but Purchaser shall be entitled to all condemnation awards and settlements, if any. 23. Covenant to Restrict Use. (a) Purchaser agrees that concurrently with the conveyance of the Property, at Closing, Purchaser shall furnish a covenant which will run with the land and shall be binding on the Purchaser, for itself and its successors and assigns. The covenant shall provide that the Purchaser agrees to use a portion of the Two Condominiums for the development of Affordable Housing as set forth in Paragraph 15 hereof and shall be on the form attached hereto as Exhibit "C" (the "Covenant of Use"). (b) The Covenant of Use shall remain in effect until each unit which has been designated as Affordable Housing of each Phase of the Project has been conveyed to individual third party purchasers as provided in Paragraph 15 hereof. (c) Purchaser shall be deemed to be ,in compliance with the Covenant of Use when complying with the requirements for financing of the Affordable Housing development, provided that such loan documents contain the Affordable Housing requirements set forth herein. (Purchaser shall include in any and all mortgage or similar loan documents -a provision that states that the financing institution shall at any time, and from time to time, so long as this Covenant of Use shall, remain in effect, upon not less than ten (10) business days prior written request by Seller, execute, -25— uT b00 acknowledge and deliver to Seller a statement in writing certifying that Purchaser is in compliance with its obligations for financing and the development of Affordable Housing as it relates to the use of that portion of the Property designated for Affordable Housing purposes. Purchaser shall obtain a written representation from each purchaser of an Affordable Housing unit of such purchaser's compliance with the applicable Affordable Housing income test requirements.] (d) The Covenant of Use shall run with the land until it expires as provided above, and shall be binding for the benefit of the City of Miami and shall be enforceable against the Purchaser, its successors or assigns. 24. Covenant to Build -- Reverter Provision. THE PURCHASER AGREES THAT CONCURRENTLY WITH THE CONVEYANCE OF THE PROPERTY AT CLOSING, IT SHALL FURNISH A COVENANT WHICH WILL RUN WITH THE LAND AND SHALL BE BINDING ON THE PURCHASER, ITS SUCCESSORS, HEIRS AND ASSIGNEES, IN FAVOR OF THE SELLER AND ENFORCEABLE BY SELLER, TO BE RECORDED IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY IN THE FORM ATTACHED HERETO AS EXHIBIT "D" (THE "REVERTER COVENANT"). THIS COVENANT WILL REQUIRE THAT: (A) CONSTRUCTION BE COMMENCED ON THE COMMERCIAL COMPONENT AND AT LEAST ONE (1) OF THE CONDOMINIUMS OF THE PROPERTY WITHIN NO MORE THAN TWENTY-FOUR (24) MONTHS AFTER RECEIPT OF THE NO FURTHER ACTION LETTER, BUT IN ANY EVENT NO LATER THAN THIRTY-SIX (36) MONTHS AFTER CLOSING, (B) PURCHASER SHALL NOT ASSIGN TITLE TO ANY PORTION OF THE PROPERTY UNTIL COMPLETION OF THE COMMERCIAL COMPONENT AND THE FIRST RESIDENTIAL PHASE, AND AN ASSIGNMENT OF THE SECOND RESIDENTIAL PHASE REQUIRES THE SELLER'S PRIOR WRITTEN APPROVAL, WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD; AND (C) PURCHAISER SHALL NOT BE ENTITLED TO COMMENCE CONSTRUCTION OF THE COMMERCIAL COMPONENT PRIOR TO COMMENCEMENT OF AT LEAST ONE OF THE CONDOMINIUMS. SELLER SHALL RELEASE THE REVERTER FOR THE PORTION(S) SO COMPLETED UPON PURCHASER'S COMPLIANCE WITH THE FOREGOING PROVISION. PURCHASER UNDERSTANDS AND AGREES THAT A VIOLATION OF THIS COVENANT SHALL CAUSE TITLE TO THE PROPERTY TO REVERT TO THE SELLER, WHEREUPON PURCHASER AGREES TO EXECUTE ALL DOCUMENTS NECESSARY OR DESIRABLE TO EFFECTUATE THE REVERSION OF TITLE. PURCHASER HEREBY APPOINTS SELLER AS IT'S ATTORNEY-IN-FACT WITH FULL POWER TO EXECUTE AND DELIVER, ON PURCHASER'S BEHALF, ALL DOCUMENTS NECESSARY OR DESIRABLE TO EFFECTUATE THE ABOVE REVERSION OF TITLE, SHOULD PURCHASER FAIL OR REFUSE TO DO SO. THE REVERTER COVENANT SHALL BE INCLUDED AS A PERMITTED TITLE EXCEPTION. -26— (2) 2-18-03 v3- 200 25. Radon Gas. RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED IN A BUILDING IN SUFFICIENT QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL AND STATE GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN FLORIDA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY PUBLIC HEALTH UNIT. [NOTE: THIS PARAGRAPH IS PROVIDED FOR INFORMATIONAL PURPOSES PURSUANT TO SECTION 404.056(7), FLORIDA STATUTES (1988).] 26. Miscellaneous. (a) This Agreement shall be construed and governed in accordance with the laws of the State of Florida. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. (b) In the event any term or provision of this Agreement be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. (c) In the event of any litigation between the parties under this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. (d) In construing this Agreement, the singular shall be held to include the plural, the plural shall be held to include the singular, the use of any gender shall be held to include every other and -all genders, and captions and Paragraph headings shall be disregarded. - (e) All of the exhibits attached to this Agreement are incorporated in, and made a part of, this Agreement. (f) Unless expressly set forth herein, the terms and provisions of this Agreement shall not survive the Clost'ng and such terms and provisions shall be deemed merged into the special warranty deed and extinguished at Closing. (g) Time shall be of the essence for each and every provision of this Agreement. (h) Neither this Agreement nor any notice or memorandum of this Agreement shall be recorded in any public records. -27— (2) 2-18-03 03- 200 (i) The Resolution of the City Commission of the Seller shall, in addition to approving the purchase contemplated under this Agreement, empower the City Manager of the Seller to modify this Agreement in the event a modification to this Agreement becomes necessary or desirable. (j) Purchaser shall have the right, at Purchaser's sole cost and expense: (i) to place signage on the Property announcing the Project, and (ii) to engage in marketing activities for the Project, provided that all such signage and marketing materials shall be subject to Seller's prior written approval, which approval shall not be unreasonably withheld and shall clearly delineate that the Seller has no interest or participation in the Project. (k) Seller agrees, at no cost to Seller, to reasonably cooperate with Purchaser to seek additional grants for funding of the Affordable Housing aspects of this transaction; provided, however, that: (i) the obtaining of such additional grants shall not be deemed a condition of this transaction, and (ii) such cooperation shall not in any way imply that Seller will approve any such application nor obligate Seller to spend any moneys or take any particular actions with regard thereto. All of the limitations set forth in paragraph 7(b) above shall apply equally to this provision. 27. Entire Acireement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and there are no other agreements, representations or warranties other than as set forth herein. This Agreement may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. This Agreement shall be binding upon the parties hereto and their respective successors and permitted assigns. -28— 03— 200 (2) 2-18-03 EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. Signed in the presence of: "SELLER" CITY OF MIAMI, a Municipal ATTEST: Corporation of the State of Florida Priscilla A. Thompson, City Clerk Joe Arriola, City Manager ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Alejandro Vilarello, City Attorney "PURCHASER" Wagner Square, LLC Alberto Milo, Jr. Manager APPROVED AS TO INSURANCE REQUIREMENTS: Diane Ericson, Risk Management Administrator -29— (2) 2-18-03 03- 200 EXHIBIT "A" LEGAL DESCRIPTION 03- qoo EXHIBIT "B" HUD COVENANT RESTRICTIONS The City of Miami, as Grantee, voluntarily accepts the Property subject to the following Declaration of Covenants, Conditions and Restrictions set forth below. This Deed is made and executed upon, and is subject to, the following conditions, restrictions and covenants, which are part of the consideration for the property conveyed and are accepted by Grantee as running with the land which are impressed and imposed upon the subject property, enforceable by HUD, or its successors or assigns, 1. The Grantee and Grantee's beneficiaries agree, for themselves and any successor in interest, that the property will not be further conveyed or leased until such time as the Grantee has demolished all the improvements, including any structures or buildings, presently existing on the subject property and removed all demolition debris the property. . 2. The Grantee, upon conveyance of the property from Grantor shall promptly commence with the demolition of the improvements, which shall be completed within one (1) year after the commencement date. 3. Upon completion of demolition of the improvements, Grantee shall further convey the property with a deed restriction that would require the property owner to obtain a "no further action" letter from DERM prior to any development of the property. 4. Any breach of the foregoing covenants shall entitle HUD to apply to a court of competent jurisdiction for an injunction, or other relief which is just and proper, as the court in its discretion may award to HUD. 03- 200 Exhibit "E" Remediation Expense Cap Engineering including RAP/Bidding/Compliance $65,000.00 Acquisition of Duplexes $200,000.00 Cost Cap & Liability Insurances $400,000.00 Self Retention $100,000.00 Attorneys Fees BEDI/Davis Bacon/108 $42,500.00 Allocation for Remediation Costs $1,676,461.00 Contingency @ 5% $90,039.00 Brownsfield Supervision $30,000.00 Environmental Attorney $15,000.00 PURCHASERS REMEDIATION EXPENSE CAP $2,619,000.00 The cost breakdown set forth herein is not a cap of any particular line item, with the exception of attorneys' fees for the BEDI Grant, Section 108 Loan and the Environmental Remediation. The total aggregate of such costs shall not exceed $57,500.00. r 02--= 200 LIST OF EXHIBITS Exhibit A -- Legal Description Exhibit B -- HUD Covenant Restrictions Exhibit C -- Covenant of Use Exhibit D -- Reverter Covenant Exhibit E -- Remediation Expense Cap \\MIA-SRV01\LEHRFIELDM\1435558v09\%R M09!.DOC\2/4/03 03- 200 W WAGNER SOUARE An Urban lifestyle community in the heart of the Civic Center District July 9, 2002 The Honorable Mayor Manuel A. Diaz City of Miami 3500 Pan American Drive _ Miami, Florida 33133 Re: 1700 NW 14`h Avenue Miami, Florida Dear Honorable Mayor Diaz: Wagner Square, LLC is pleased to confirm our commitment to develop the proposed Wagner Square project located at 1700 NW 14`h Avenue, in the City of Miami, Florida, which is the subject of a HUD Brownsfields Economic Development Initiative (BEDI) grant and Section 108 loan. Our principals' expertise and financial wherewithal demonstrates their ability to achieve the City's goal of remediation and redevelopment of the Wagner Square Project. This will be accomplished by constructing a successful mixed -income, mixed-use project providing the community with much needed for -sale affordable housing, convenient shopping and a working environment within the neighborhood. Located directly across from a vast complex of medical facilities, including Jackson Memorial Hospital Center, Cedars of Lebanon Hospital, and the Veterans Administration Hospital, Wagner Square will be a development designed specifically to serve the large employment base. In addition to the ease of walking to work, our residents will enjoy easy access to public The residential component will include a mix of one bedroom/one bath, one bedroom/two bath, and two bedroom/two bath ownership units. The office/retail component will include approximately 75% office and short-term special rental residential uses and 25% retail uses to support residents and the community and to create at least 195 additional jobs in the area. The office space will be designed to facilitate medical offices to support the nearby medical facilities in the community. The special use rental residences will be designed specifically to accommodate handicapped 03- 200 301 SW 17 ROAD , MIAMI FL 33129 TEL. 305-285-9050 FAX 305-860-4882 Honorable Mayor Manuel A. Diaz Page: 2 July 9, 2002 individuals seeking rehabilitation services from the nearby medical facilities and family members of extended care patients. The residential component will consist of a 198 unit residential component with 80% of the units being reserved for buyers of 120% of median income and under; a 43,500 square foot retail/office component; parking for approximately 440 vehicles, and ancillary uses complimentary to the development and community. A small modification to the zoning that increases the FAR would allow another 65,000 square feet of office/retail and. an additional 225 jobs to be added to the project. Parking facilities will be integrated with the Brownfields remediation components of the project to minimize environmental and public health risks by eliminating exposure -- - - pathways to contaminated iriaferials:-The Common Facilities component will include uses-- --- and amenities available to all residents and tenants. In addition to the retail components, these will include: 1) a community meeting facility; 2) a health club/fitness facility; 3) recreational use area for family use including such features as a playgroundand basketball courts; and 4) parkland/green space components including shaded areasf with benches, flower beds and circulating water features integrated with fountain entrances to the office and residential buildings We also intend to maximize the use of green design concepts and materials to minimize any environmental impacts of project compollwats, including stormwater collection and reuse, energy-efficient building components and systems, maximize passive lighting features especially in common use areas and incorporation of recycled building materials. Wagner Square LLC is comprised of three experienced companies with complementary expertise that have joined together as equal partners. Redevco, a WBE, has developed over 2,000,000 s.ff of commercial properties since 1977 and most recently has been specializing in public/private partnerships with Community Development Corporations and Fannie Mae for urban redevelopment and economic empowerment of communities throughout South Florida The Urban Development Group, an MBE, has developed in excess of 300 residential units since 2000 and also shares Fannie Mae as a partner in an upcoming project consisting of 86 additional units within the Civic Center area. Atwater Capital Group, Inc. has completed many diverse and complicated Brownfield transactions, including a RCRA site, a Superfund site, and UST rei bursement program- sites._ Atwater has just completed the first prof X wnfield -Program, which -was a=group of contaminated`abk donV��pWIJVoL W wood section of Miami. Additionally, the principal of Atwater was the developer of a mixed -income, mixed-use high-rise development in Chicago comprised of 567 rental units including 20% Section 8. 03- 200 Honorable Mayor Manuel A. Diaz Page: 3 July 9, 2002 Clearly our development team has a proven track record of success in the remediation and redevelopment (including public and private financing) of Brownfields and other urban area projects. Their combined development, legal, environmental engineering, and public/private financing expertise with in housing and with outside professionals will assure that our development team can address all environmental and legal issues with the appropriate local, state and federal agencies. This will achieve a successful redevelopment of this site that creates a dynamic neighborhood for the area and improves public health and environmental protection. To facilitate this redevelopment project and to maximize our ability to provide --- -------- __community revitalization, development _support, -and community_-benefits,.we will -make every. effort in cooperation with -the City to obtain the maximum, benefits available as grants, loans, tax increment financing, and tax abatements through a combination of local, state and federal programs. These include various funding programs available through the U.S. Department of Housing and Urban Development such as Brownfields. The estimated total project costs is $34,122,085.00 with funding for the project coming from our lender SunTrust Bank, Miami, N.A., and the developer in addition to the BEDI grant and Section 108 loan. A letter from our lender has also been provided for inclusion in the application. We are pleased to inform you that we have received commitments to lease approximately 85% of the retail space from some of our existing tenant relationships. We have letters of interest from Family Dollar Stores, Inc., and Subway Restaurants attached hereto. Our commitment is subject to the receipt of the HUD BEDI grant due to the severity of the contamination, the remedial costs of which exceed the value of the land. Consequently, the HUD BEDI grant is required to make the project economically feasible. We are very excited about the Wagner Square project and look forward to working with you and your staff on the implementation once you receive approval of the w_ " ist m any way, please let us know - - Sincerely, W er Square, LLC William A. Cocose as manager DSK:tt Of Atwater Civic Center, LLC 03- 200 POLICY RECOMMENDATIONS FOR DISCUSSION/CONSIDERATION BY HOUSING AND COMMERCIAL LOAN COMMITTEE ROLE AND RESPONSIBILITIES OF COMMITTEE: Resolution No. 00-867, adopted by the City Commission, granted the Committee authority to approve/disapprove loan applications for funding of affordable housing projects and commercial (business) projects and related transactions, including but not limited to subordination agreements, loan restructuring plans, and/or loan repayment plans for affordable housing projects and commercial loans in the City's loan portfolio. POLICY NO. 1: The Housing and Commercial Loan Committee will not consider any of the above trinsactions which are under litigation by -the Office of the City Attorney. -- - -- POLICY NO. 2: The Housing and Commercial Loan Committee will not consider requests for subordination agreements, loan restructuring plans and loan repayment plans for housing projects and commercial loans unless the proposal is fully accepted by the City and the proposer. POLICY NO. 3: The Housing and Commercial Loan Committee hereby authorizes and directs the City Administration to seek City Commission approval to amend Resolution No. 00-867, authorizing the City Manager or his designee to approve/disapprove subordination agreements, loan restructuring plans, and/or loan repayment plans for homeowners participating in the City's Single Family Rehabilitation and Homebuyers Financing Programs. POLICY NO. 4: The Housing and Commercial Loan Committee hereby authorizes and directs the City Administration to seek City Commission approval to amend Resolution No. 00-867, to allow for,_the _presence of fixe=(5) Committee Members mat a meett, to 03- 200 J-00-798 9/28/00 v, 0 - rfi RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RESCINDING RESOLUTION NOS. 98-580 AND 00-418 IN THEIR ENTIRETY, THEREBY ABOLISHING THE HOUSING LOAN COMMITTEE; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO ESTABLISH AN ELEVEN (11) MEMBER HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE CERTAIN HOUSING AND COMMERCIAL LOANS AND/OR GRANTS TO BE . -PROVIDED-- BY----THE----CITY-OF---MI-AMI---THROUGH --THE------- COMMUNITY THE--__-_COMMUNITY DEVLLOPMENT BLOCK GRANT P'CDBG"), HOME INVESTMENT PARTNERSHIP ("HOME") AND STATE HOUSING INITIATIVES PARTNERSHIP - ("SHIP") PROGRAMS; GRANTING AUTHORITY TO THE HOUSING AND COMMERCIAL LOAN COMMITTEE TO APPROVE/DISAPPROVE LOAN APPLICATIONS FOR FUNDING OF AFFORDABLE HOUSING PROJECTS AND COMMERCIAL (BUSINESS) PROJECTS AND RELATED TRANSACTIONS, INCLUDING, BUT NOT LIMITED TO, SUBORDINATION AGREEMENTS, LOAN RESTRUCTURING PLANS AND/OR LOAN REPAYMENT PLANS FOR AFFORDABLE HOUSING PROJECTS AND COMMERCIAL LOANS IN THE CITY'S LOAN PORTFOLIO; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE/DISAPPROVE SPECIFIC HOUSING LOANS PROVIDED BY THE CITY THROUGH THE CITY'S CDBG FUNDED SINGLE FAMILY REHABILITATION PROGRAM AND SHIP FUNDED SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAM; DIRECTING THE CITY MANAGER TO PRESENT EACH APPROVED LOAN TO THE STATE OF FLORIDA FINANCIAL EMERGENCY OVERSIGHT BOARD FOR REVIEW AND -LENDING POLICY GUIDELINES, ATTACHED HERETO AND MADE A PART HEREOF, TO IMPLEMENT THE COMMERCIAL LOAN PROGRAM. Cn' YI. p i CITY ^ OF Sc ' 7C00 r� 7. 03- 2 0 - ,z WHEREAS, Resolution. No. 98-580, adopted June 9, 2.99E, authorized and directed the City Manager to appoint a sever: (7) member Housing Loan Committee for the purpose of recommending approval/disapproval of loans and/or grants provided by the City of Miami (the "City") through its Community Development Block Grant ("CDBG") funded Single Family and Multifamily Rehabilitation Programs, Home _Investment_ Partnership __Program___ ( `HOME"I r_._ --and _-_ the --State Housing Initiatives Partnership Programs ("SHIP"), in response to findings and concerns identified by the U.S. Department of Housing and Urban Development's District Office of the Inspector General ("OIG") in its Audit Report dated March 26, 1998, regarding the City's loan underwriting procedures; and WHEREAS, the composition of the Committee, approved pursuant to Resolution No. 98-580, was comprised of a Chairperson appointed by the Mayor, four (4) representatives from the private sector with real estate le- in "`--fordable housing development experience and three (3) representatives from the City Administration; and WHEREAS, at its meeting of September 28, 1999, with the adoption of Resolution No. 99-705, the City commission approved 200 Page 2 of 8 i �1 — (% f� a modification to the City of Miami Local Housing Assis-ance Plan for the SHIP Program, which resulted in the expansion o= the number of housing assistance programs available to very low, low and moderate income families residing -in the City of M_ar,.;; and WHEREAS, since October 1999, with the establishment of the -- ----Homebuyers --Financing and ---Single -Family-Rehabil-itatior.--Programs-,-- which provide a maximum of up to $40,000 in financial assistance to eligible households for the purchase of a home' or the rehabilitation of an existing home, respectively, the City has experienced a substantial increase and demand from potential homebuyers and current homeowners for financial assistance; and WHEREAS, pursuant to Motion -99-976, adopted December 14, 1999, the City Commission authorized and directing the City Manager and the City Attorney to proceed with the termination or winding down of the agreement with Miami Capital Development, Inc. and obtain the loan portfolio from said entity;. and__,_— WHEREAS, subsequently, Resolution No. 98-580 was amended by the adoption of Resolution No. 00-418 on May 11, 2000, to change the designation of individuals to be appointed as members of the City Housing Loan Committee by (1) eliminating the appointment 03- 200 Page 3 of 8 of an individual representing Miami Capital Development., inc., (2) providing for the appointment of a third member with p-ivar-e real estate lending experience, and (3) providing for the Cit,,• Manager's appointment of individuals from. the Departments of Planning and Zoning and Real Estate and Economic Development as eligible members of said Committee; and WHEREAS.,__ pursuant to Resolution.._Noa._Q.0141a_r_.adopted -May--11, - - 2000, the City Commission designated the Little Haiti Credit Union and Latin Chamber of Commerce (CAMACOL) as the administrative entities to assist the City in its efforts to reestablish a Commercial Loan Program that creates a public/private partnership to stimulate business development and groweh in the City; and WHEREAS, pursuant to Resolution No.. 00-755, adopted September 14, 2000, the City Commission designated the Tacolcy Economic Development Corporation, Inc. as an administrative entity to assist the City in its efforts to reestablish a Ar. LbtLb Programthat ates a public/private partnership to stimulate business development and growth in the City; and 03-- 200 Page 4 of 8 f WHEREAS, presently the Department of Community Developme^: is responsible for servicing the loan portfolio prevJ,ousl� originated and managed by Miami Capital Development, Inc.; and WHEREAS, the City Commission directed the Administrazion to develop guidelines for the Commercial Loan Program; and WHEREAS, in an effort to be more responsive the residents of the City, it is recommended that the City Commission grant authority to the City Manager or his designee to approve/disapprove specific housing loans provided by the City through the CDBG and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs and to establish a Housing and Commercial Loan Committee consisting of eleven (11) members and further directed the Administration to develop guidelines for the Commercial Loan Program; and WHEREAS, to accomplish the foregoing, it is in order for the City Commission to rescind Resolution Nos. 98-580 and _tt_. iYtheir 'entirety; to a nbolish' he" existing' Hou"singoaii Committee, and replace same with a newly established Housing and Commercial Loan Committee; and 03— 100 • Page 5 of 8 ��� NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF TH- CITY OF MIAMI, FLORIDA: Section 1'. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2_Resolution No.__98-5.80r._.adopted__June__9,---1-998; --- and Resolution No. 00-418, adopted May 11, 2000, are hereby rescinded in their entirety, thereby abolishing the Housing Loan Committee created pursuant to said Resolutions. Section 3. The City Manager is hereby authorized and directed to establish an eleven (11) member Housing and Commercial Loan Committee to approve/disapprove certain housing and commercial loans and/or grants to be provided by the City through the CDBG, HOME and SHIP Programs which shall be comprised as follows: (a) the Chairperson appointed by the Mayor; ,ne'. -(2) - member ` who "l -s' aii f active affordable housing provider; (c) three (3) members with private real estate lending experience; (d) three (3) members with private commercial lending experience; and 200 Page 6 of 8t, _ � (e) three (3) members appointed by the City Manage_ from the City Administration. Section 4. Except as provided in Section 5 herein, the City of Miami` Housing and Commercial Loan Commitee is hereby granted the authority to approve or disapprove air. loan applications for funding of affordable housing projects and commercial (business) projects and related transactions including,_ __but not limited_to—._ subordination_ agreements,___loan_.__. restructuring plans and/or loan repayment pians in the City's loan portfolio. Section 5. The City Manager or his designee is hereby authorized' to approve or disapprove specific housing loans provided by the City through the City's CDBG funded Single Family Rehabilitation Program (one to four units) in an amount not to exceed $80,000 per transaction, and SHIP funded Single Family Rehabilitation and Homebuyers Financing Programs in an amount not to exceed $40,000 per transaction. Section - 6 . he °`City Manager ' i s "hereiiy'-directed to present each approved loan transaction to the State of Florida Financial Emergency Oversight Board for review and final approval. 101 L o— sA i Page 7 of 8 Section 7. The City of Miami Lending Policy Gu�ae':nos, attached hereto and made a par: hereof, to implement Commercial Loan Program are hereby approved. Section 8. This Resolution shall become e:fect_ve immediately upon its adoption and signature of the Mayor. PASSED AND__ ADOPTED -this— 28th. --day. of --- September--- 2000 ---- JOE CAROLLO, MAYOR ..,.,.n•`n; ` v, m• :.c:; Sec. r Saint, • ATTEST: Ity —Ism WALTER J. FOEMAN, CITY CLERK TTORNEY y14682:DF:IT:BSS '-� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City commission. �3-- 200 Page 8 of 8 1f ri— AGENDA City of Miami Housing and Commercial Loan Committee Meeting The City of Miami Housing and Commercial Loan Committee will conduct a public meeting: February 6, 2003, 9:00 AM 10`" Floor Conference Room 444 SW 2nd Avenue Miami, Florida 33130 L Call to order Approval of Minutes from December 13, 2002 Meeting Discussion/recommendations pertaining to Urban League IV. Discussion/recommendations pertaining to Miami Limited II V. Discussioh/recommendations pertaining to Villas Dr. Godoy (Model Housing Inc.) VI. Discussion/recommendations pertaining to Wynwood Tower (Pinnacle Housing Inc.) VII. Discussion/recommendations pertaining to Palmetto Homes Scattered Sites III (Palmetto Homes of Miami Inc.) VIII. Discussion/recommendations pertaining to Wagners Square (Section 108) IX. Discussion/recommendations pertaining to such other loans as may come before the Committee. 03- 200 CITY OF MIAMI HOUSING AND COMMERCIAL LOAN COMMITTEE 1. Alphonso Brewster, Deputy Director Miami -Dade Housing Agency 1401 NW 7`h Street Miami, TL 33-125 Telephone No. 305-644-5109 Fax Number: 305-541-6716 E-mail address: abrewste@mdha.metro-dade.com 2. , Orlando Cabrera (Chairperson) Partner Holland & Knight, L.L.P. 701 Brickell Avenue, Suite 3000 Miami, FL 33131 Telephone: 305.789.7616 Fax Number: 305.789.7799 E-mail address: ocabreraChklaw.com 3. Ann R. Kashmer, First Vice President Corporate Affairs Manager - Florida Washington Mutual Bank 1001 Brickell Bay Dr. #2910 Miami, FL 33131 1'elephone No.:305-577-4884 Fax Number: 305-539-5712 Email address: annkashmer@compuserve.com 4. Robert Nachlinger, Assistant City Manager -Finance City of Miami 444 S.W. 2nd Avenue, 10`h Floor � Miami, FL 33130 Telephone No.:305-416-1034 Fax Number: 305-400-5087 E-mail address: RNachlinger@ci.miami.fl.us 03- 200 5. Barbara Romani, Community Reinvestment Compliance Officer Citibank, N.A. 8750 Doral Boulevard 7`h Floor Miami, FL 33178 Telephone No.:305-599-5775 Fax Number: 305-599-5520 E-mail address: barbara.romani@citibank.com 6. Carmen Sanchez, Economic Development Coordinator Department of Economic Development & Real Estate City of Miami --_--___ - -_--_ 444_S.W. 2°a Avenue, 3`d Floor Miami, FL 33130 Telephone No.:305-416-1417 Fax Number: 305-400-5062 E-mail address: CSanchez@ci.miami.fl.us , 7. Frank T. Santana, Vice President/SBA Loan Officer Continental National Bank of Miami 240 E. Flagler Street Miami, FL 33131 Telephone No.: 305-374-9330 Fax Number: 305-374-5173 Pager Number: 305-314-6990 E-mail address: continentalbank@continentalbank.com 8. Scott Simpson, Director Finance Department City of Miami 444 S.W. 2°d Avenue, 6th Floor - Miami, FL 33130 Telephone No.:305-416-1377 Fax Number: 305-400-5275 E-mail.address: SSimpson@ci.miami.fl.us iwn 9. Cecilia la Villa-Travieso, Senior Deputy Director Fannie Mae 1000 Brickell Avenue Suite 600 Miami, FL 33131 Telephone No.:305-603-2303 Fax Number: 305-603-2310 E-n,ul address: cecilia la villa-travieso@fanniemae.com 03- 200 SUMMARY PAGE v_ P_ .._^�^ ,:. .� <....a�. �,53r � _.: ... _ :. _ ..._✓ P.A.^YcaYri'Y..11r+431!��fN��.^:... ...__.._. .� i'b �3a.'. •.'..� .+.s�:. 0 200 STANDARD FORM 424 A / PROJECT BUDGET �j o3. 200 nk.n A--1 Ki, a_n t5UU1at:1 IIVr-UKMAIIUIV - riun-%#on5i1rUGXIon MU91FUH115 Authorized for Local Reproduction I Standard Form 424A (Rev. 7-97) Previous Edition Usable Prescribed by OMB Circular A-102 1 I SECTION A - BUDGET SUMMARY Grant Program Function or Activity a Catalog of Federal Domestic Assistance Number b Estimated Unobligated Funds New or Revised Budget Federal c Non -Federal d Federal e Non -Federal Total $ $ $ $ $ 0.00 2. 0.00 3. 0.00 4, 0.00 5. Totals $ 0.00 $ 0.00 $ 0.00 $ 0.001$ 0.00 -,4rv?. SECTION B-BUDGET,�CATEGORIES � 6. Object Class Categories GRANT PROGRAM, FUNCTION OR ACTIVITY. Total (5) (U (Z) (3) (4) a. Personnel $ $ $ i $ $ 0.00 b. Fringe Benefits 0.00 c. Travel 0.00 d. Equipment 0.00 e. Supplies I 0.00 f. Contractual 0.00 g. Construction i 0.00 h. Other 0.00 i. Total Direct Charges (sum of 6a -6h) 0.00 0.00 0;00 0.00 0.00 j. Indirect Charges 0.00 k. TOTALS (sum of 6i and 6j),,' $ 0.00 $ 0.00 $ 0,00 $ 0.00 $ 0.00 © 7. Program Income Is $ $ $ $ 0.00 Authorized for Local Reproduction I Standard Form 424A (Rev. 7-97) Previous Edition Usable Prescribed by OMB Circular A-102 1 I SECTION C - NON-FEDERAL RESOURCES %w (a) Grant Program (b) Applicant (c) State (d) Other Sources (e) TOTALS 8.�I' $ $ $ $ 0.00 9. !: l 0.00 10. 0.00 11. 0.00 12. TOTAL (sum of lines 8-11) $ 0.00 $ 0.00 $ 0.00 $ 0.00 r SECTION D - FORECASTED CASH NEEDS i°. 13. Federal Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter $ 0.00 $ $ $ $ 14. Non -Federal 0.00 15. TOTAL (sum of lines 13 and 14) $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 F SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANgE OF THE PROJECT (a) Grant Program FUTURE FUNDING PERIODS Years b First c Second d Third a Fourth 16. $ $ $ 17. i 18. 19. 20. TOTAL (sum of lines 16-19) $ 0.00 $ 0.00 $ 0.00 $ 0.00 t A SECTION F -'OTHER BUDGET INFORMATION 21. Direct Charges: it {;S' 22. Indirect Charges: i 23. Remarks: i' f" Authorized for Local Reproduction Standard Form 424A (Rev. 7-97) Page 2 I' SITE MAP 03-- 100 NATIONAL OBJECTIVES MET UNDER PROJECT 03- 200 National Obiectives and Eligible Activities: Primary CDBG Objectives (570-208): The project supports the primary CDBG objective -- benefiting low to moderate income persons -- and the other national objectives set forth at 24 CFR 570.208 and is eligible for consideration for a Section 108 loan. The project's scoperesponds to input :from local residents and community organizations for greater affordable housing opportunities and increased economic activity in Miami's Allapattah neighborhood and the Civic Center vicinity. As such, the project is incorporated within the City of Miami's Consolidated Plan. The project's two components: affordable housing and commercial retail space — further address national objectives and local Consolidated Plan priorities developed with public participation and comment from project vicinity neighbors, community groups, and other concerned citizens and stakeholders. Activities benefiting low and moderate income persons. The project's vicinity and the larger Allapattah neighborhood is home to many low to moderate income households and individuals. (Approximately 76% of its population falls within HUD's low -to -moderate income classification.) This neighborhood of the working poor — many who are immigrants -- has a persistently high poverty rate, low home ownership rate and significant overcrowding. The project addresses two essential community needs: affordable housing and job neration. It consists of two components: two 99 unit affordable housing structures; and an 081,000 square foot commercial structure. The two residential towers provide 22 ownership housing units affordable to low and moderate income persons. The commercial building will provide 194 jobs. 03- . 3-. 200 Activities that aid in the prevention of slums or blight. This project transforms a highly contaminated site that has remained vacant for over 50 years into an attractive development that provides affordable housing for low and moderate income persons and generates almost 200 jobs. This project not only prevents the spread of blight in the neighborhood, but serves as a catalyst for future redevelopment. Activities designed to meet community development needs having a particular urgency. Much of the development site currently contains high levels of dioxins, lead, cadmium and barium. This situation puts nearby residents in jeopardy. The first step in the redevelopment of the site is to remove all contamination and dispose of it appropriately. Cleanup and redevelopment of the site also goes a long way in addressing issues of environmental justices in the neighborhood. Eligible Activities: 1. Acquisition of real property (24 CFR 570.703 a) — A portion of the loan will be used to purchase two residential structures that are located at 1405-7 NW 17th Street and 1427 NW 17th Street, just to the south of the city -owned property. Both properties sit on soils laden with dioxins and heavy metals that must be remediated. Acquisition of these two properties helps to square off the development site. A total of $300,00 of loan funds is budgeted for this activity. 2. Site Preparation (24 CFR 570.703 (f) — Environmental remediation of the development site involves removal of all contaminated soils and proper 03- 200 disposal at a lined landfill. In addition to the $1 million BEDI grant, $1.6 million of Section 108 loan funds are budgeted for remediation activities. 3. Debt Service Reserves (24 CFR 570.703 k) —A $500,000 debt service reserve for repayment of the Section 108 loan will be established. 4. Special.Economic Development Activities (24 CFR 570.703 (i) and 24 CFR 570.203 a) -- $3.2 million of loan funds will be used to further special economic development activities as set forth in Subpart M and in support of national objectives. These funds will be used for architectural, engineering, supervisory services and related soft costs associated with the construction of the commercial building. These activities support the City of Miami Consolidated Plan as the commercial structure will provide office space for the Medical Center that is two blocks east, as well as provide _ temporary residence for patients receiving treatments at the Medical Center. This comports well with one of the Miami regional economy grouping, namely, `Advanced medical services/Medical Center.' A total of 194 full time jobs will result from the development. Further, this is one element of the three -tiered economic development strategy of the Consolidated Plan. Specifically, `Promoting business development that is directly linked to the regional economy.' In addition these activities `encourage economic revitalization through appropriate redevelopment initiatives of commercial and industrial developments adjacent to y�gh-unemp oymenareas.' Finaliy, the Consolidated -Plan identifies Brownfields as a significant barrier that inhibits redevelopment. PROJECT DESCRIPTION / PROPOSED USE OF FUNDS 03- 200 Proiect Description and Proposed Use of Section 108 Loan Funds: The City of Miami proposes to borrow $4,000,000 in support of the Wagner Square Mixed Use Redevelopment Project. The Section 108 proceeds will be applied to the land acquisition and remediation phases of the project and will cover about 12% new development --costs. The City has already received approval of a $1,000,000 HUD Brownfield Economic Development Initiative award subject to approval of this application. Grant funds will provide half of the cost for remediation. The sources and uses column in the figure below shows how grant and loan proceeds will be applied and illustrates the leverage power of these funds with respect to total project costs and the investment made by the developer, Wagner Square +Limited Partners. Funding Sources/Uses and Derivation of Project Costs DEVELOPER Sources and Uses BEDI HUD 108 CAPITAL BANK LOAN Land Acquisition $ 300,000 Remediation $1,000,000 $1,000,000 Demolition $ 100,000 New Development $2,600,000 $1,824,417 $27,297,668 Total Uses $1,000,000 $4,000,000 $27,297,668 $1,824,417 Total Project Cost ( a leverage factor of 6.8:1)- of Ptect C ation roum - .�_ - T The City will receive Program Income on an annual basis from repayment of the HUD 108 loan. The full underwriting details are described in another section of this application. The project costs will be covered by a mix of public sector and private sector funding. The latter, represents more than 85% of total project costs. The significant investment of the developer 03.. 200 provides the strongest market-based guarantee for project completion and for. its success in providing housing opportunities, employment, and contributing to area economic development. The project's job creation impact significantly exceeds the mandate found at 24 CFR 570.209(b)(1) that requires 1 job for every $35,000 of HUD funding. Applying this formula for $5 million in HUD funds ---$4 million from the Section 108 loan and $1 million from the BEDI — would call for 143 jobs. The project will create 194 jobs, a job creation ratio that exceeds the mandate by a factor of 1.35:1. Use of Funds: Loan proceeds will be used for property acquisition, environmental remediation, selective demolition, and construction of the mixed-income/mixed uses development. The funding mix is illustrated in the graphic. The City will allocate $1 M from the BEDI for remediation. The Section 108 funds will be used: (i) $1 M for remediation; (ii) $2.6M for economic development; (iii) $100K for demolition; and (iv) $300K for property acquisition. Site Selection — responding to a community development need having a particular urgency: The site's selection responds to an urgent community need supported by 24 CFR 570.208. It was selected for redevelopment based on recently completed environmental assessment that revealed the level of the site's contamination and its public health risk. The City, accordingly, resolved to remove the public health hazard and restore the property as a tax - revers,, a -pro ucmg asset _ The City's strategy for addressing the immediate issue of contamination and the longer term goal of redevelopment was to seek partnership with a private sector developer experienced in brownfields redevelopment. The City set a number of requirements in its Request for Proposals to select such a developer or team of developers. The response criteria included: 03- 200 experience in brownfields redevelopment with specific experience in Miami; understands environmental regulatory mandates; effective relationships with federal, state, and local environmental officials; thorough understanding of the economic variables associated with sites like this; a demonstrated track record with community concerns, public outreach and participation; a strong .financing and construction background; and access to well-established experts in environmental engineering and law. The City and the successful respondent to the RPP, Wagner Square LLC, are familiar with the neighborhood and have defined the scope of the project to fit the community needs and goals of the City. We are currently working together to refine the development program and remediation work plan. This property is impacted by a 58,500sf field of debris ranging from 24' deep (approx. 8,000 cy). Soil samples contain elevated levels of lead, barium, arsenic, dioxins. The proposed solution is removal and capping using engineered barriers created by a combination of structures. Parking facilities will be integrated with the remediation plan to minimize environmental and public health risks by eliminating exposure pathways to contaminated materials. The success of this project will be determined in several ways. The removal of a significant public health risk is one of the City's primary goals as well as assuring the site does not lead to neighborhood blight or crime. Another critical measure of success will be the sale and occupancy of housing units and commercial space. The creation of fobs, a positive response from the communit , and the increase in ad valor Y taxes to the City are other performance measures. 03- 200 APPLICATION FOR Civic Center Item Attachment 3 OMB Approval No. 03411.0043 FEDERAL ASSISTANCE 2. DATE SUBMITTED Applicant Identifier January 27, 2003 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier A plication Preapplication 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier Construction C] Construction Non -Construction 0 Non -Construction 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Miami Local Government Address (give city, county, State, and zip code): Name and telephone number of person to be contacted on matters involvin 444 SW 2 Ave this application (give area code) Miami, FL 33130 Bob Schwarzreich (305)-416-1418 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 7. TYPE OF APPLICANT: (enter appropriate letter in box) 5 9— FiFoTo 16 1317151 A. State H. Independent School Dist. B. County 1. State Controlled Institution of Higher Learning 8. TYPE OF APPLICATION: ® New ❑ Continuation ❑ Revision C. Municipal J. Private University D. Township _ _. i<.,IndiaP.Iribc--------- •---------.------. If Revision, enter appropriate letter(s) in box(es) ❑ ❑ E. Interstate L. Individual F. Intermunicipal M. Profit Organization A. Increase Award B. Decrease Award C. Increase Duration G. Special District N. Other (Specify) _ D. Decrease Duration Other(specify): 9. NAME OF FEDERAL AGENCY: Department of Housing and Urban Development 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: F1 4 4]—L2 I =t 6 Wagner Square Mixed Use Redevelopment Project TITLE: CDBG Section 108 Loan Guarantee Application 12. AREAS AFFECTED BY PROJECT(Cides, Counties, States, etc.): Allapattah Community, City of Miami, Miami -Dade County 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF: Start Date Ending Date a. Applicant b. Project 1/4/04 1/4/06 17,18,22 18 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORD=R 12372 PROCESS? a. Federal $ 00 5,000,000 a. YES. THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant s 00 200,000 PROCESS FOR REVIEW ON: c. State $ 00 DATE d. Local s 00 b. No. 0 PROGRAM IS NOT COVERED BY E. 0. 12372 0 OR PROGRAM HAS NOT BEEN SELECTED BY STATE e. Other s 00 29,122,115 FOR REVIEW '` �. I. Program Income 3 °" 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT7 ❑ Yes If ' Yes,'- attach an explanation. No g. TOTAL .00 $ 34,322,115 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative b. Title c. Telephone Number Joe Arriola City Manager (305) 250-5400 d. Signature of Authorized Representative e. Date Signed Previous Edition Usable Authorized for Local Reproduction Standard Form 424 (Rev. 7-97) Prescribed by OMB Circular A-102 03- 200 Table of Contents Standard Form 424 -Cover page Summary Information page................................................................................. O Pre-submission................................................................................................ B. Minutes of 1999 Consolidated plan meeting -District 1 Memo to City Manager in 1999 on Civic Center site Preliminary SiWAssessment findings by EE&G on Civic Center site Site Assessment report addendum Minutes of Brownfield Advisory Board meeting in 2000 discussing site Minutes of meeting with DERM and EE&G on distress of site Press Release from the Department of Health issuing public advisory about the site Memo informing City Brownfield's coordinator on DOH public advisory --- Transmittal Letter to City Commission -on -conveyance -of -property -to -developers Transmittal Letter accepting a purchase of the property and Loan guarantee Role and Responsibilities of Housing Loan Committee Resolution creating Housing and Commericial Loan committee List of Housing and Commercial Loan Committee members Agenda of Feb 6 Housing and Commercial Loan committee public meeting Memo to Housing committee members on consideration of project Submission Standard Form 424 A/ Project Budget............................................................... ^/E'D-Aj ,, National Objectives / Eligible Activities................................................................ 4 Mapof site.................................................................................................... 6 Project Description / Proposed Use of funds ........................................................ 7 Project Justification / Distress and/or Extent of problem ......................................... 8 City's Experience with Brownfield projects........................................................... 9 ProjectPartners............................................................................................. Applicant History on Section 108....................................................................... r/ Schedule of repayment of loan .................................................. �i PublicNotices.................................................................................................. 16 Public Entity Certifications.................................................................................. 18 Certification to obtain other financing..................................................... 18 Drug -Free Workplace Certification........................................................ 19 Certification regarding debarment and suspension ................................... 20 Disclosure of Lobbying statement......................................................... 21 Certification of pledge of grants............................................................ 22 Certification of legal authority to submit application ................................... 23 Resolutions..................................................................................................... 24 /4: �_ A 03- 200 PRE -SUBMISSION f 03 . 200 City of Miami Consolidated Plan Page 1 of DISTRICT 1 Districtl (MAP) Co -Chairpersons: The Honorable Wifredo Gort, Vice Chairman Miami City Commission Irby McKnight, Chairperson, Citywide Community Development Advisory Board Dater Thursday, April 29, 1999 Location: Allapattah Community Action Agency 2Z57NWNorth River Drive ---- —---------- ----- ---- - -- - - - Guest Speakers: Public Services Miriam Una, Executive Director Allapattah Community Action Agency, Inc. Housing Doug Mayer, Development Director Jubilee Community Development Corporation Economic Peter Fedele, President Development Golden Sands Allapattah Corporation Workforce Joni Jones Harris, Assistant Director Development City of Miami Department of Community Development - Workforce Development Division Public representation at the District 1 Public Hearing was among the highest of the six (6) District meetings held, witl an estimated 150 persons in attendance. City Commissioner Wifredo Gort, the elected public official from District 1 opened the meeting by applauding community residents for taking the time and making the effort to participate in thi; important process. Irby McKnight, Chairperson of the Citywide Community Development Advisory Board, echoed thf Commissioner's praise and indicated that he was encouraged by the neighborhood participation level. The first expert speaker to address the public was Ms. Miriam Urra, Executive Director of the Allapattah Communit} Action, Inc. elderly services program, who discussed the District's public service needs. Ms. Una reported that crim( is a major concern of residents from the Allapattah area of the City. She also indicated that the elderly population o the area is increasing and that this exacerbated the crime concerns because the elderly population represented an eas) target for the criminal element. As a result of the increasing elderly population, Ms. Urra stressed that public housint is significant concern and there is a need to provide additional meals for the elderly. She reported that the elderly cc,—munity is underserved and that the elderly services program she administers has a waiting list, which frequentl) results in elderly clients seeking mems being turned away. http://www.ci.miami.fl.us/Community_Development/hud5yearplan.htm 03— 200 1/17/200= City of Miami Consolidated Plan Page 2 of Ms. Urra reported that, in general, th ohborhood has become poorer and t' is a critical need for food distributic to meet the basic nutritional needs of area residents. She also stated that thei- a large immigrant population in tl area and this population is in need of quality childcare programs. In the category of capital improvements, Ms. Urfa indicated that there is a significant need for street repairs. St reported that the area roads are plagued with holes and that when it rains, there are serious flooding problems. Mr. Doug Mayer, Development Director of Jubilee Community Development Corporation, spoke next on housir issues. Mr. Mayer opened his presentation by providing 1990 census information about the Allapattah area. F indicated that the population was approximately 40,000 and that 70% of this population was Hispanic, 22% Black an 8% Anglo. Mr. Mayer reported that there were 13,000 housing units and that the housing stock was old, wii construction dating back to the 1970s. He further - confirmed_ Ms. Urra's earlier comments by stating that tl- community was poor, with two-thirds (2/3) of the households earning between $13,500 — $21,000. t Mr. Mayer cited a 1997 study by the Florida International University Southeast Florida Center on Aging that reported need for elderly services and that the elderly population comprised the poorest segment of the population., ) ie , als stated that the Allapattah area had the highest need for affordable housing in Miami and that the need was for all typf of housing (i.e. single-family, multi -family, homeownership and rental). 6 1.. . Mayer strongly espoused the need for homeownership. He supported this endorsement by suggesting th, homeownership significantly makes a difference in the community because it gives residents a sense of community an a source of neighborhood pride. He stressed the importance of creating opportunities to stimulate homeownership an indicated that it is critical to leverage dollars to maximize available resources. Mr. Mayer suggested that two problerr to be reckoned with in order to provide homeownership opportunities are bank appraisals and the limited frnancin funds available for low-income families to qualify. Mr. Peter Fedele, President of Golden Sands Allapattah Corporation, discussed the economic development needs of th district. He indicated that he has been a businessman in Allapattah for ten years and chose the area because of ii location. Mr. Fedele echoed Ms. Urra's concerns for public safety and stressed that adequate police presence an protection was a definite plus in promoting local businesses. He also cited code enforcement as an important activit and the need for improved lighting and sidewalks. Mr. Fedele supported the .development of public/private partnerships to enhance economic opportunities and create job for neighborhood residents. *e also indicated that the fagade'program would be a significant help to local busines owners. Mr. Fedele reported that he had established a website (Allapattah.Com) to promote business opportunities i the area. As an aside to his economic development input, Mr. Fedele also endorsed the concept that homeownership led t community pride and that code enforcement was also important in this area. He closed by praising Commissioner Go: http://www.ci.miami.fl.us/Community_Development/hud5yearplan.htm 03— 200 1/17/200 City of Miami Consolidated Plan for his contribution to the community ilso lauded the NET Office for its re'- ;n the neighborhood. Page 3 of Joni Jones Harris, Assistant Director, City of Miami Department of Community Development, Workforc Development Division talked about the importance of life skills, and the availability of employment and trainin opportunities through the Department's work force development projects. Ms. Harris indicated that the training cent( in Allapattah provides tutorial opportunities and a full service computer -training lab for area residents. Commissioner Gort and Chairperson McKnight opened the floor to public comment following the formal presentatior by the panel of experts. Following is an overview of public commentary received at the District 1 Public Hearing: • It was pointed out that federal regulations authorize up to 20% of the City's CDBG grant for administrativ - ------- costs not necessarily the maximum 20% allowable. - - -- ----- ----- - - — • Support was given to the Allapattah Business Development Authority, Inc. and it was stated that th agency's housing funds had been suspended because of a political vendetta. • There was a concern voiced that the Ralph Plaza Housing Project was at a standstill and that illeg,- dumping was taking place, people were living in trailers at the site, and trees and sidewalks had bee uprooted. Help was requested to restore the project. • It was requested that the North Allapattah tactical police team continue to curb gang violence in the area. was reported that the area was dangerous and there had been numerous drug fights and two (2) killings. 3- 200 http://www.ci.miami.fl.us/Community_Development/hud5yearplan.htm 1/17/200 �O CITY OF NIIANII. �LORIDA INTER -OFFICE MENIORANDUPjl FILE : Donald H. Warshaw City Manager FFioNI Erdal Don Departm eal Estate and Economic Development SUs-ECT RE==RENCES ENCLOSURES November 2, 1999 Brownfield Advisory Board The City's Brownfield Advisory Board conducted a monthly meeting on October 27, 1999. Pursuant to Emergency Ordinance #11850 adopted by the City Commission on October 26, 1999, the Board met its quorum requirements for the first time. The Board officially discussed a number of issues and made the following recommendations: • The 2.7 acre city -owned property located at 1700 NW 14`h Avenue should be fenced immediately, as it represents a significant liability to the City due to high concentrations of arsenic and lead. • City staff should make application for the upcoming round of EPA Supplemental Assessment Grants. The focus should be on the Miami River. • City staff should research the State of Georgia property tax foreclosure and land bank legislation as it relates to brownfields redevelopment. DB/ED/AWBS/rmm 03- 200 E E Evans Environmental & Geoscien PRELIMINARY SITE ASSESSMENT FINDINGS FOR - --- --- -- ----- ------CIVIC-CENTER PROPERTY----- --- - -- -- -- --- - - - - 1700 NW 14TH AVENUE MIAMI, MIAMI-DADE COUNTY, FLORIDA Prepared On Behalf Of: City of Miami 400 NW 2"d Avenue Miami, Florida Prepared By: Evans Environmental & Geosciences 14505 Commerce Way, Suite 400 Miami Lakes, Florida 33016 (305) 374-8300 May 2002 I �f CC- `/ I rl 3' i 1 J I ?•er;e3 w RaviVec ?3a?' EEbG: Preliminary Site Assessment Findings May 2002 TABLE OF CONTENTS Section Page 1.0 — INTRODUCTION....................................................................................................................1 1.1 PROPERTY LOCATIONS & DESCRIPTION......................................................... 1 1.2 HISTORIC PROPERTY USE................................................................................. 1 2.0 — ASSESSMENT METHODOLOGY & FINDINGS.................................................................. 4 2.1 SAMPLING PROTOCOL........................................................................................ 4 2.2 SOIL ASSESSMENT.............................................................................................. 4 ASSESS MENT-.------- ._._ •....... _Z.-.ii..........i: iT:TY.-.Ti-s...-.ate. 3.0 — PRELIMINARY DISCUSSION OF FINDINGS...................................................................... 8 PendingResults............................................................................................... ....... 9 03- 200 EEB-G: Preliminary Site Assessment Findings May 2002 SECTION 1.0 INTRODUCTION Evans Environmental & Geosciences (EE&G) was retained by the City of Miami (the Client) to conduct site assessment activities on a vacant 3 -acre parcel, referred to as the Civic Center Property (hereafter referred to as "the Property'). The objective of this site assessment was to respond to environmental concerns raised in the March 27, 2000 and February '12, 2002 correspondences issued by the Miami -Dade County Department of Environmental Resources Management (DERM). Copies of those DERM letters are provided in Appendix A. 1.1 PROPERTY LOCATION & DESCRIPTION The Property is located on the northwest corner of the intersection between NW 14'' Avenue and NW 17`h Street. The Property is bounded to the east by NW 14th Avenue, to the south by NW 17ch Avenue and three residential properties, to the west by NW 15th Avenue, and to the north by the parking lot of an adjoining high-rise residential building. Wagner Creek runsadjacent to the northwestern corner of the Property. Surrounding development is mostly residential to the north, south and west. The VA Hospital parking lot is located due east of the Property, across NW 14`h Avenue. The site location is provided as Figure 1. The Property is currently undeveloped and mostly unpaved. EE&G observed remnants of a northwest -southeast running, asphalt road, which historically traversed the northwestern portion of the Property, and connected the Property and northern adjoining property to NW 14th Avenue. The topography of the Property is fairly irregular, and at least three main areas of mounding were discemable during the site reconnaissance. EE&G observed evidence of semi -buried tires on the western portion of the Property, in one of the mounded areas. The foundation of a former onsite building was identified in the central -northern portion of the Property. A site layout map is illustrated in Figure 2. 1.2 HISTORIC PROPERTY USE EE&G reviewed the city directories and aerial photographs to assess the historic use of the Property. Based on the city directory research, the following property uses were identified: The residential properties along the southern boundary (1441 as early as 1936. Other residences (1700 and 1702 NW 1 corner of Property) were listed from as early as 1953. V 17`h Street) and venue — southeast Molt's Nursery (1440 NW 18`h Street) was listed as early as 1953 for the Property, and continued to be listed until at least 1980. The 1989 city directory did not list the nursery. 03- 200 EE$G: Preliminary Site Assessment Findings May 2002 Copies of select aerial photographs are provided in Appendix B. Based on the aerial photograph research, the following property uses were identified: In 1947, the Property appeared overgrown and undeveloped. The adjoining roadways do not appear to have been developed; however, based on the city directory cross-reference, it appears that a residence on NW 17`h Street may have been developed. The eastern adjoining property was developed as a golf course. Sparse residential properties were developed to the west and south. The northern adjoining property appears to be undeveloped. • In 1957, the Property appears to be semi -developed with a residence in the southeast corner (1700-02 NW 14`h Avenue), and Mott's Nursery (1440 NW 181 Street) on the northeastern portion. A roadway is visible that connected NW 1401 Avenue to Mott's Nursery, NW 18th Street, and continued through the northern _ adjoining property. Although unclear, it is possible that signs of dumping may be partially visible on the northern adjoining property. The' municipal incinerator is visible in this aerial photograph, approximately 1,000 feet northeast of the Property. • In 1963, linear features on the northeastern portion of the Property appear to be associated with Mott's Nursery. The western and southern portions of the Property appear relatively undeveloped and overgrown. The northern adjoining property appears undeveloped, with the exception of the northwest -southeast roadway. • In 1966, the Property remained relatively unchanged. However, the eastern adjoining property (across NW 14`h Avenue) was being cleared and the VA Hospital constructed. No obvious signs of impact from that development are evident on the Property. Between 1966 and 1981, the Property remained relatively unchanged. Mott's Nursery appeared to have one main structure on the northern -central portion of the Property (site reconnaissance confirmed presence of the foundation from that building), and a smaller structure to the southeast, near the southern adjoining residences. The northern adjoining property remained relatively undeveloped. The eastern adjoining property was developed with the parking lot for the VA hospital. The southern and western adjoining properties were developed with residences. In 1982, the northern adjoining property had been cleared, and development of the existing residential towers initiated. The western portion of the Property appeared to be developed with a construction staging area, likely associated with development longer in business at this site. Most significant about this aerial photograph were the piles of debris (soil and/or construction materials) that were clearly stockpiled on the northeastern portion of the Property. It appears that this material may have been graded from the northern adjoining property, and deposited on the Property. This location is consistent with the buried debris observed during the site reconnaissance and soil assessment activities. 03- 200 EE$G: Preliminary Site Assessment Findings May 2002 • In 1983, the northern adjoining property was completely developed, and the Property appeared to be impacted with scattered debris, which extended to the southeast comer (as the former residence was gone). The concentrated debris piles had been scattered, partially removed, or slightly covered with overgrowth. The roadway appeared -to be partially overgrown, but the main building from the historic nursery remained intact. The northwestern comer of the property also shows signs of dumping or clearing, likely a remnant of the construction staging area. • The main building from the historic nursery was gone by 1986, and the Property remained undeveloped and partially overgrown until the present. 3 03- 200 EEG: Preliminary Site Assessment Findings May 2002 SECTION 2.0 ASSESSMENT METHODOLOGY & FINDINGS 2.1 SAMPLING PROTOCOL Sample collection, preservation, handling, chain of custody, field equipment operation, decontamination and preventive maintenance was performed by EE&G, in accordance with EE&G's Florida Department of Environmental Protection (FDEP)-approved Comprehensive Quality Assurance Plan (CompQAP No. 930184), and after April 9, 2002, in accordance with the FDEP's Standard Operating Procedure (SOP), per Chapter 62-160, FAC. The sampling containers were supplied by the Severn Trent Laboratory - STL Miami, located in Mirimar, (FDEP CompQAP No. 990102; FL -DOH Certification No. E86349, 86413, 86565). Sample control and documentation was conducted in accordance with EE&G's_CompQAP.-As soon___._ _ as samples were collected, the location -and all relative sampling information (including the site- pecific sample identification number) was entered into the field notebook maintained by the project field sampling manager. The sample information was also immediately entered into the chain of custody form to ensure proper sample tracking. Chain of custody procedures were maintained throughout the sampling, analysis and data validation procedures, and were reviewed by the project field sampling manager before sample shipment to the laboratory and by the Professional Geologist upon receipt of data from both the field screening operation and from the laboratory. 2.2 SOIL ASSESSMENT EE&G supervised1he advancement of 30 soil borings (labeled SB -20 through SB -49) using a truck- mounted, stainless steel, split -spoon sampling device, driven by a 130 -pound hammer. The split - spoons were decontaminated between sample locations to minimize cross -contamination. The borings were advanced in accessible areas of the Property. A site sketch illustrating the soil boring locations is provided as Figure 3. On March 28, 2002, EE&G supervised the advancement of 15 soil borings, labeled SB -20 through SB -34, which were spread out to obtain a wider coverage, to assess the general soil quality, as required in the aforementioned DERM correspondences. On April 16, 2002, EE&G supervised the advancement of seven additional borings, labeled SB -35 through SB -41, which were used to better delineate the western extent of buried debris and elevated arsenic and lead concentrations. • On May 10, 2002, EE&G supervised the advancement of eight additional borings, =labeled S8-42 through -SB 49, which were used to further.IIessess _theYr�utent of-. _ x. �;. 7- ick a ici Soil samples were collected in 2 -foot intervals, from surface grade to a depth of 4 to 6 -feet BLS. The average depth -to -groundwater was observed to be approximately 4 -feet BLS. The following soil samples were transported on -ice to STL Miami and analyzed as follows. A total of 41 soil samples were analyzed for total arsenic and total lead, using EPA Method 3050/60106. A total of 13 soil samples were analyzed for total barium using EPA Method 3050/6010B. 4 03- 200 EEbG: Preliminary Site Assessment Findings May 2002 • A total of nine soil samples were analyzed for total chromium, silver and selenium using EPA Method 3050/6010B. • A total of nine soil samples were analyzed for total mercury using EPA Method 7471 A. • A total of nine soil samples were analyzed for total vanadium using EPA Methods 3050/7950. - • A total of nine soil samples were analyzed for chlorinated pesticides and polychlorinated biphenyls (PCBs) using EPA Method 3550/8081A-82. • A total of nine soil samples were analyzed for volatile organic aromatics (VOAs) ` using EPA -Method 5035/8260B. • A total of seven soil samples were analyzed for chlorophenoxy herbicides using EPA Method 8151 A. • A total of five soil samples were re -analyzed using the Synthetic Precipitate Leaching Procedure (SPLP), including five SPLP lead (Method 1312/7421), four SPLP barium (Method 1312/6010B), and two SPLP arsenic (Method 1312/6010B). • A total of six soil samples were analyzed for low-level dioxin (2,3,7,8-TCDD) using EPA Method 8290. This parameter was used as a screening tool to assess for the - - presence of low-level dioxins. Based on the preliminary screening, a total 10 of soil samples (including four of the original samples) were also analyzed for the full 8290 list of dioxin/furan isomers. • Analytical results fog the soil assessment are summarized as follows: • Table 1 — Summary of Tctal Arsenic, Barium and Lead Results. - Laboratory Report — Attachment C. • Table 2 — Summary of Total Chromium, Mercury, Silver, Selenium and Vanadium Results. - Laboratory Report — Attachment C. • Table 3 — Summary of VOA, Pesticide, PCB, Herbicide Results. Laboratory- Report - Attachment C. • Table 4 — Summary of Dioxin/Furan Analytical Results — (3 samples only— March 28, 2002). - Laboratory Report — Attachment D. 5 03, 20O EEbG: Preliminary Site Assessment Findings May 2002 2.3 GROUNDWATER ASSESSMENT EE&G supervised the installation of three temporary monitoring wells (MW -A, MW -B and MW -D), which were used to assess the site-specific groundwater quality. One pre-existing monitoring well (formerly TMW-7) was redeveloped and renamed as MW -C. None of the other pre-existing monitoring wells could be located. A site map illustrating the location of the monitoring wells is provided in Figure 3. On March 28, 2002, EE&G supervised the installation of monitoring wells MW -A (located on the northwestern corner of the Property, near Wagner Creek), and MW -B (located adjacent to the southern adjoining residences). Both wells were installed in areas that contained buried debris above and at the groundwater table interface. -- - - On April 16, 2002, EE&G supervised the installation of monitoring well MW -D, -which was installed in the western -central portion of the Property, approximately 40 feet west of the inferred extent of buried debris. The monitoring wells were installed by a licensed well drilling contractor, using a truck -mounted drilling rig, equipped with hollow -stem augers. The monitoring wells were installed to a total depth of approximately 12 -feet BLS, including 10 feet of PVC well screen (slot size 0.015 inch), and 2 feet of solid PVC riser. The bore hole annulus was filled with 6/20 grade silica sand, from a depth of approximately 1 foot to 12 feet BLS. The filter pack was sealed with bentonite and sand. Each we!! contained approximately 3 -feet of solid PVC riser, for easy identification in the future. The monitoring wells were developed by pumping until the groundwater was relatively clear of fine-grain sediment. EE&G collected groundwater samples from the monitoring wells on April 1 and April 19, 2002. Prior to sampling, the monitoring wells were purged using a peristaltic pump. During the groundwater sampling events, EE&G collected one Quality Assurance/Quality Control (QA/QC) equipment rinse, to verify decontamination procedures and assess for potential cross -contamination. However, due to the lack of contaminants detected, EE&G chose not to have the archived blank analyzed. Groundwater samples were transported on ice to STL Miami, and analyzed for the following parameters: Groundwater samples collected from monitoring wells MW -A, MW -B and MW -C were analyzed for total arsenic, barium, cadmium, chromium, lead, selenium, silver and vanadium, using EPA Methods SM3114B, SM3111 D, SB3113B, and 286.2. • Groundwater samples collected from monitoring well MW -D were analyzed for total arsenEc-andiEPA Methods 200 7�and SM,— • Groundwater samples collected from monitoring wells' MW -A, MW -B and MW -C were analyzed for PCBs using EPA Method 8082. Groundwater samples collected from monitoring wells MW -A, MW -B, MW -C and MW -D were analyzed for VOAs using EPA Method 5030/8260B. Groundwater samples collected from monitoring wells MW -A, MW -B, MW -C and MW -D were analyzed for total petroleum hydrocarbons (TPHs) using Method FL - PRO. 6 03- 200 EE$G: Preliminary Site Assessment Findings May 2002 • Groundwater samples collected from monitoring wells MW -A, MW -B and MW -D were analyzed for chlorinated pesticides using EPA Method 8081. • Groundwater samples collected from monitoring wells MW -A and MW -13 were analyzed for low-level dioxins and furans using EPA Method 8290. Analytical results for the groundwater assessment are summarized as follows: • Table 5 - SOmmary of Groundwater Assessment Results - Laboratory Report — Attachment E. • Table 6 — Summary of Groundwater Assessment Results — 8290 Analyses. - Laboratory Report — Attachment F. F 03-- 200 EEbG: Preliminary Site Assessment Findings SECTION 3.0 PRELIMINARY DISCUSSION OF FINDINGS May 2002 The following conclusions are based on a preliminary review of the assessment findings. • The inferred extent of buried debris, consisting of sandy soil mixed with glass and metal fragments (some of which appeared charred), extends across approximately 58,500 square feet of the Property's eastern half. The debris was observed to be approximately 2 to 4 feet thick, which may have been a result of the fairly irregular topography. Near the western extent of the buried debris (in the vicinity of the former building foundation), a 1 to 2 foot thick layer of black, sandy soil was observed to cover the debris. However, across most of the affected area, the debris was observed either at or just below land surface. Based on these preliminary - - - - - - -------------measurements,- it appears -that approximately 8,000 cubic yards.-of-buried-debris--- were of buded_debriwere deposited across the eastern portion of the Property. • The source of the debris appeared to be associated with the clearing of the northern adjoining property, in approximately 1982, when graded soils and/or construction debris was deposited on the northeastern portion of the Property. • Soil samples containing the debris had a characteristically elevated concentration of total lead, as compared with the other soil samples collected from the Property. Additionally, some of the soil samples containing debris also contained elevated concentrations of total barium. A majority of the soil samples containing debris also contained elevated concentrations of total arsenic. However, other soil samples collected across the Property also contained elevated concentrations of total arsenic. Elevated concentrations of dioxins/furans were detected in the three soil samples containing debris. Their cumulative TEQ values ranged from 20.35 to 42.66 pg/g (part per trillion), which exceeded the 7 pg/g Soil Cleanup Target Levels (SCTLs) for residential -use direct exposure, per Chapter 62-777, FAC. • A distinct layer of clay, ranging from approximately 0.5 feet to 3 feet thick, was observed across the almost the entire Property. This clay layer was observed at or near land surface in the south and western portions of the Property. However, in contrast, the clay layer was observed deeper in the eastern half of the Property, beneath the debris layer. The soil samples collected from the clay layer (both beneath and outside of the debris layer) contained elevated concentrations of total arsenic, but relatively low concentrations of total lead and total barium. The source v, - _of4!1"a r--Ls-unknown.. and may have been naturally deposited However,fh eIev"a��t;o er tttons of1`otal arsenic m y ti firf#radi anon thaf this cla gr from an offsite source. The concentrations of total chromium, total mercury, total selenium, total silver, total vanadium, VOAs, PCBs, chlorinated pesticides and chlorinated herbicides in the soil samples tested were either below laboratory method reporting limits or below the SCTLs for residential -use direct exposure, per Chapter 62-777, FAC. N. 03- 200 P L EEG: Preliminary Site Assessment Findings May 2002 • The concentrations of total arsenic, total barium, total cadmium, total chromium, total lead, total selenium, total silver, total vanadium, VOAs, TPHs, PCBs and chlorinated pesticides in the groundwater samples tested were either below laboratory method reporting limits or below the Groundwater Cleanup Target Levels (GCTLs), per Chapter 62-777, FAC. • Residual concentrations of dioxins/furans were detected in the two groundwater samples collected from MW -A and MW -B, but appeared to be at or below the 3 pg/L GCTLs. • Based on the groundwater quality results, it does not appear that testing of the adjacent Wagner Creek is warranted. ! Site-specific groundwater -flow appears to be east -southeasterly, across the Property. However, based on the proximity of the adjacent Wagner Creek, the groundwater elevation and flow direction may be tidally influence. • EE&G conducted a limited -scope geophysical survey in the immediate vicinity of the former Mott's Nursery main building, located in the central portion of the Property. The objective of the geophysical survey was to assess for the presence of improperly -abandoned underground storage tanks (USTs), which may have been the source of the residual VOA concentrations detected in the soil and groundwater samples. Electromagnetic (EM) and ground -penetrating radar (GPR) equipment was used to assess an area approximately 170 feet by 180 feet. Based on interpretation of the geophysical findings, several anomalous areas were identified. However, all appeared to be associated with building foundations, underground utilities, tires and metallic debris, and not characteristic of a UST. A copy of the geophysical survey report is provided in Appendix G. Pending Results EE&G is awaiting the results of 8290 analyses for seven additional soil samples collected across the Property (SB -30, SB -42, SB -43, SB -44, SB -45, SB -46 and SB -47). These soil samples were all collected from the 0 to 2 -foot BLS interval, with the exception of SB -30, which was collected from the 4 to 5 -foot BLS interval (representative of the clay/sand layer beneath the debris layer). Four ' of these borings (SB -42, SB -43, SB -44 and SB -45) were collected outside the inferred extent of the buried debris layer, on the western, central and southern portions of the Property. The analytical da acted_by June 15, 2002. _ - I 9 03- 200 EEG Evans Environmental & Geosclences SITE ASSESSMENT REPORT ADDENDUM FOR CIVIC CENTER PROPERTY 1700 NW 14TH AVENUE ---'--MIAMI,-MIAMI-DADE COUNTY, -FLORIDA Prepared On Behalf Of: City of Miami 400 N'r'v 2"d Avenue Miami, Florida Prepared By: I i j Evans Environmental & Geosciences j 14505 Commerce Way, Suite 400 MIN Pr^•rpt --n Re,:yc!e0 P.Vpr EE$G: Site Assessme R%.,,ort Addendum TABLE OF CONTENTS September 2002 Section Page 1.0 — INTRODUCTION...................................................................................................................1 2.0 — RESPONSE TO MIAMI-DADE COUNTY DERM COMMENTS ............................................ 2 3.0 — DISCUSSION OF EXPANDED SITE ASSESSMENT FINDINGS ........................................ 6 4.0 — RECOMMENDATIONS.......................................................................................................12 03- 200 MG: Site Assessmer. :er -irt Addendum September 2002 SECTION 1.0 INTRODUCTION Evans Environmental & Geosciences (EE&G) was retained by the City of Miami (the Client) to conduct expanded site assessment activities on a vacant 3 -acre parcel, referred to as the Civic Center Property (hereafter referred to as "the Property'). The objective of this expanded site assessment was to respond to the July 10, 2002 correspondence issued by the Miami -Dade County -Department of Environmental Resources Management (DERM). A copy of the DERM letter is provided in Appendix A. A meeting was conducted on August 16, 2002, between representatives of EE&G, DERM, City of Miami, Greenberg Traurig (Client's attorney), and the potential purchasers of the Property. The __- - objective of -that meeting was to present the preliminary findings of the expanded site assessment, and discuss a strategy for addressing the_ environmental impact. The following is a summary of the meeting results: • It was agreed that EE&G would submit this Site Assessment Report Addendum (SARA), which presented the findings of the expanded site assessment, upon receipt and interpretation of the offsite dioxin results. In light of the off-site findings (presented in this report), EE&G and the City of Miami proposed that DERM allow a separation of the Propertyys environmental issues from the more -widespread impact. This concept would facilitate negotiations with the potential purchasers of the Property, and provide assurances to them on liability issues concerning the off-site impact. The City of Miami would address the on-site impact separately from the off-site impact. While no agreement was made, DERM indicated that they would take the recommendation under consideration, and it was agreed that the assessment findings could be reported as follows: - The focus of this SARA would be to complete the Site Assessment requirements for the Property, which would allow the City of Miami to initiate the design of a remedial strategy specifically for the Property, while continuing with expanded site assessment activities associated with the off-site impact (if necessary). A Remedial Action Plan (RAP) will be submitted following receipt of DERM comments to this SARA. The RAP will include the proposed redevelopment details, and a plan to address the affected "on-site" soils. Currently the City of Miami and potential purchasers _ are con idenng excavation and offsite disposal of the buried debris layer. 6T he "offsite" environmental issues would 6e handled separa ely from t 'e =� documents would be prepared by the City of Miami as required by DERM to address the more widespread environmental issue associated with the buried debris layer. The surrounding properties are already developed; therefore, the "off-site" RAP plan will most likely include a recommendation for leaving this material in-place under institutional and engineering controls. 03- 200 EEbG: Site Assessment Report Addendum . September 2002 SECTION 2.0 RESPONSE TO MIAMI-DADE COUNTY DERM COMMENTS EE&G submitted a Site Assessment Report (SAR) to DERM in June 2002. Based on a review of that document, DERM issued correspondence, dated July 10, 2002 (see Appendix A), which required expanded assessment. This section was prepared to respond to the DERM comments. 2.1 DERM Comment No. 1: Off-site soil delineation must be conducted to determine the extent of soil contamination. Therefore, the following items must be completed. a) Advance Borings to the North, East and South of the Property. Soil samples must be installed in increments of 2-1oot intervals from the surface to the groundwater table interface and every Interval must be sampled and analyzed for Dioxins (full 8290 analysis), Arsenic, Barium and Lead. Leachability concerns must be taken - into consideration therefore, -consult - the --attached -document -entitled "Leachability Alternatives" for available options. b) Arsenic in the soil must also be delineated to the West of the Property. Soil borings must be installed in increments of 2 -foot intervals from the surface to the groundwater table interface and every interval must be sampled and analyzed for Arsenic. EE&G Response: On July 26, August 1 and August 20, 2002, EE&G advanced a total of 2 soil borings on the Property and 30 soil borings on the adjoining properties. A map illustrating the location of all soil borings advanced during this site assessment is provided as Figure 1. Soil borings were advanced as follows: • Soil borings SB -50, SB -51, SB -52, SB -53, SB -54, SB -55, SB -68, SB -69, SB -70, SB -77, SB - 78, SB -79 and SB -80 were advanced due north of the Property, on the Civic Towers property (currently developed with a residential high-rise), located at 1855 NW 151' Avenue. These borings were advanced to delineate the extent of the buried debris layer and associated heavy metals and dioxins. • Soil borings SB -56, SB -57 and SB -58 were advanced to the north and west of the Property, to assess for the presence of clay and delineate the extent of arsenic -affected soils. • Soil borings SB -61, SB -62, SB -63, SB -66, SB -67, SB -74 and SB -75 were advanced on the .#KLirn e ' s' . �p_rties including 14 _QSEN.�W _-,�7treet:(curreratl occupied) and 1431 NW `Street (currently abandoned) 'They are -further discussed under DERM Comment No. 2. • Soil borings SB -64 and SB -65 were advanced off-site to the south and east, respectively, on the adjoining easements. These borings were advanced to delineate the extent of the buried debris layer and associated heavy metals and dioxins. 2 03- 200 EE$G: Site Assessme,,. F ,.ort Addendum September 2002 • Soil borings SB -72 and SB -73 were advanced in the Ceders remote parking lot, located due south of the Property, across NW 17'hStreet. These borings were advanced to assess for the presence of the buried debris layer and associated heavy metals. Soil boring SB -76 was advanced in the northeastern easement of NW 15I' Avenue, north of the St. Agustin Villas residential high-rise property. This boring was the northernmost boring advanced, and was used to delineate the northern extent of the buried debris layer (none was observed). No access was provided by the St. Agustin Villas (1919 NW 15°t Avenue); therefore, EE&G can not comment on the presence of debris or heavy metals beneath that property (located north of the Civic Towers property). • Soil borings SB -81 and SB -82 were advanced on the Dominion Towers property (currently developed with a residential high-rise), which is located northeast of the Property, across Wagner Creek. These borings were advanced to assess for the presence of the buried ---- - --- - debris layer and associated heauy metals Soil samples representing the 0 to 2 -foot below land surface (BLS) and 2 to 4 -foot BLS intervals were collected from each boring, with the exception of SB -66, in which only the 0 to 2 -foot BLS interval was collected. Soil samples were analyzed as follows: • All soil samples (except those collected from SB -56, 57 and 58) were analyzed for total arsenic, barium and lead, using EPA Method 3050/6010B. • The six soil samples collected from SB -56, SB -57 and SB -58 were analyzed only for total arsenic, using EPA Method 3050/6010B. • A total of 16 soil samples, consisting of soil samples collected from 0 to 2 -foot and 2 to 4 -foot BLS intervals of SB -51, SB -52, SB -53, SB -54, SB -64 and SB -65, and the 0 to 2 -foot BLS interval of SB -61, SB -62, SB -63 and SB -66, also were analyzed for low-level dioxinstfurans using EPA Method 8290. A copy of the laboratory data for the heavy metal analyses is provided in Appendix B. The total arsehic, barium and lead results are summarized in Table 1. Based on field observations, the inferred extent of the buried debris layer is illustrated in Figure 2. Based on interpretation of the analytical results (as compared with historic assessment findings), the inferred extent of lead - affected and arsenic affected soils in the 0 to 2 -foot BLS and 2 to 4 -foot BLS intervals is illustrated in Figures 3 through 6. A copy of the laboratory data for the low-level dioxin/furan results is provided in Appendix C. Assessment findings are discussed in Section 3.0 of this document. 3 03- 40 EE$G: Site Assessmc F )ort Addendum September 2002 2.2 DERM Comment No. 2 — Additional soil borings must be advanced within the area of the two residences located at the southern boundary of the site. The soil borings must be installed in increments of 2 -foot intervals from the surface to the groundwater table interface and every interval must be sampled and analyzed for Dioxins (full 8290 analysis). EE&G Response: Soil Borings SB -61, SB -62 and SB -63 were advanced on the southern adjoining residential property, addressed as 1405-07 NW 17'' Street. This property was occupied at the time of assessment. Soil Borings SB -66, SB -67, SB -74 and SB -75 were advanced on the southern adjoining residential property, addressed as 1431 NW 17'' Street. This property was vacant at the time of assessment. These borings were advanced to assess for the presence of the buried debris layer, and to assess for the presence of arsenic, barium, lead, and dioxins. Soil samples representing the 0 to 2 -foot BLS and 2 to 4 -foot BLS intervals were collected from each boring, with the exception of SB -66, in which only the 0 to 2 -foot BLS interval.was collected. Soil samples were analyzed as follows:--- — • All nine soil samples were analyzed for total arsenic, barium and lead, using EPA Method 3050/6010B. • Soil samples collected from the 0 to 2 -foot BLS interval of SB -61, SB -62, SB -63 and SB -66 also were analyzed for low-level dioxins/furans using EPA Method 8290. A copy of the laboratory data for the heavy metal analyses is provided in Appendix B. A copy of the laboratory data for the low-level dioxin/furan results is provided in Appendix C. The total arsenic, barium and lead results are summarized in Table 1. Assessment findings are discussed in Section 3.0 of this document. 2.3 DERM Comment No. 3 — Additional soil borings must be advanced in the area of the former nursery. The soil borings must be installed in increments of 2 -foot intervals from the surface to the groundwater table interface and every interval must be sampled and analyzed for PCBs and Pesticides/Herbicides. EE&G Response: On July 26, 2002, EE&G advanced soil borings SB -59 and SB -60, which were located adjacent to the western and eastern edges of the former nursery building foundation, respectively. Soil samples representing the 0 to 2 -foot BLS and 2 to 4 -foot BLS intervals from each boring were analyzed for PCBs and Chlorinated Pesticides, using EPA Method 3550/8081A-82, and for Chlorophenoxy Herbicides using EPA Method 8151A. method reporting limits, which were below the applicable SCTLs for residential -use direct per Chapter 62-777, FAC. A copy of the laboratory data is provided in Appendix D. Based on these assessment findings, it does not appear that the presence of PCBs, pesticides or herbicides pose a serious environmental concern at the Property. Therefore, EE&G recommends no further assessment for the presence of PCBs, Chlorinated Pesticides or Chlorinated Herbicides. 4 03- 200 EE$G: Site Assessm(- . F )ort Addendum September 2002 2.4 DERM Comment No. 4 — Table 1(of the SAR) indicated that soil borings SB -42 through SB -47 were sampled for Arsenic and Lead; however, no analytical results were found in the document. Clarification must be provided to address this issue. EE&G Response: Table 1 of the SAR incorrectly indicated that soil borings SB -42 through SB -47 were analyzed for total arsenic and lead. These soil samples were only analyzed for dioxins. 61 03- 200 EEbG: Site Assessme,a K -port Addendum September 2002 SECTION 3.0 DISCUSSION OF EXPANDED SITE ASSESSMENT FINDINGS 3.1 DEBRIS LAYER Based on the field observations, it appears that the buried debris layer (originally described in the June 2002 SAR) extends off-site beneath the northern and southern adjoining properties. Based on field observations, the inferred extent of the buried debris layer is illustrated in Figure 2. - 3.1.1 Northern Adjoining Property The northern adjoining property was developed into the current Civic Towers apartment complex in the early 1980s. Based on field observations, it appears that the top layer of soil (and possibly debris) was removed during site preparation activities. It is possible that the piles of debristsoil observed on the easter portion of the Property in the 1982 -aerial-photograph (see page 2 of the - June 2002 SAR) may have originated -from grading activities on the northern adjoining property. A layer of fill was observed to be approximately 2 -feet thick, covering most of the northem adjoining property. The surficial fill layer appeared to by only 1 -foot thick near the southeastern portion and north-northeastem portion of the northern adjoining property. However, these areas were grassy. The thicker fill layer was observed beneath the parking lots. A layer of debris (sand mixed with fragments of glass, metal, ceramic and concrete) was observed beneath northern adjoining property, trending from the souiheast to the northwest. This debris. layer was observed primarily from approximately 2 to 4 feet BLS. However, it was shallower in the southeastern corner and beneath the playground (approximately 1 to 4 feet BLS). One boring advanced near the southeastern corner of the existing residential tower (SB -79) contained debris to a depth of 8 -feet BSL; however, this appeared to be an anomaly as compared to other deposition depths. No debris was observed on the western portion of the northern adjoining property. EE&G did not have access to the St. Agustin Villas property (currently developed as a residential high-rise), located at 1919 NW 15th Avenue, which is located due north of the Civic Towers property. Therefore, EE&G can not comment on the presence of debris or heavy metals beneath that property. However, EE&G did advance SB -76 in the northeastern easement of NW 15'x' Avenue, due north of the St. Agustin Villas property. This boring was the northernmost boring advanced, and was used to delineate the northern extent of the buried debris layer, as none was observed. The low concentrations of arsenic and lead identified in SB -76 are not considered to be a result of the historic debris deposition associated with the Property. 3.1.2 Southern Adjoining Properties - fQ9 EQRe ies_�1405-QI s[ida ; _ 1.7_=�Sfr Vit} 1e �-do: d A4 residences in the early 1950s. Based on field observation , the debris layer was observed at approximately 0.5 to 4 feet BLS, beneath the entire 1405-07 property. A layer of surficial sandy fill covered the property, and was approximately 0.5 feet thick on the northern half, and approximately 1 -foot thick near the southern boundary. The debris layer was observed on the eastern and northern portions of the 1431 property, but did not extend beneath the southwestern comer. I 03- 200 EEbG: Site Assessment R,,jort Addendum September 2002 Based on the age of these residences and Mott's Nursery (as documented in the city directories and aerial photographs), it appears that the debris was deposited pre -1950s. However, debris deposition could have continued on the northern adjoining property into the 1970s. No evidence of the buried debris layer was observed on the southern adjoining parking lot property (due south of NW 17`h Street), which was documented in SB -72 and SB -73- 3.1.3 Northeastern Adioininq Properties - Two soil borings (SB -81 and SB -82) were advanced on the northeastern adjoining properties (Dominion Towers), located across Wagner Creek. Neither of these borings contained evidence of the buried debris layer. The low concentrations of arsenic and lead identified in these two borings are not considered to be a result of the historic debris deposition associated with the Property. _ 3.2 - -ARSENIC-AFFECTED SOILS_ -- A majority of the soil samples containing debris also contained elevated concentrations of total arsenic. However, other non -debris containing soil samples collected across the Property and on adjoining properties also contained elevated concentrations of total arsenic. Therefore, it appears that the elevated concentrations of arsenic may not primarily be associated with the debris. Figures 5 and 6 illustrate the wide -spread nature of the total arsenic concentrations in the 0 to 2 -foot and 2 to 4 -foot BLS intervals. As previously reported, a distinct layer of clay, ranging from approximately 0.5 feet to 3 feet thick, was observed across the almost the entire Property. This clay layer was observed at or near land surface in the. south and western portions of the Property (ranging from 1 to 3 feet thick). However, in contrast, the clay layer was observed deeper in the eastern half of the Property, beneath the debris layer (ranging from 0.5 to 2 feet thick). This clay layer was observed on the adjoining properties. Soil samples collected due west of the Property contained clay from 0.5 to 4 -feet BLS. Soil samples collected on the western portion of the northern adjoining property contained clay from 2 to 6 -feet BLS. Soil samples collected to the south- of the Property contained clay from 2 to 4 -feet BLS. The soil samples collected due east of the Property (SB -65) did not contain clay. Most of the soil samples collected from the clay layer (both beneath and beyond the debris layer) contained elevated concentrations of total arsenic, but relatively low concentrations of total lead and total barium. The source of the clay is unknown, and may have been naturally deposited. Based on, interpretation of the assessment findings, it appears that the arsenic -concentrations date with,.ttr clay. ager-may,be.n_atural1 occurring ,ksite-s ecific�so_m arsenic w s not identified. Therefore, the City of Miami should not be held responsible ible for further assessment or remediation of non -debris related "off-site" arsenic impacts. EE&G recommends no further delineation of the arsenic -affected soils. The debris -affected soils on the Property, which contain elevated heavy metals, will be addressed in a subsequent RAP. However, the arsenic - affected soils (mostly clay) identified on the western portion of the Property should be allowed to stay in-place, unless proposed development activities call for their removal. EE&G recommends that, if these arsenic -affected soils are removed that they be transported to a proper disposal facility. 7 03- 200 EEG: Site Assessment Report Addendum September 2002 Otherwise, the arsenic -affected soils should be allowed to remain on-site under institutional and engineering controls. 3.3 LEAD -AFFECTED & BARIUM -AFFECTED SOILS Soil samples containing the debris had elevated concentrations of total lead, as compared with the other soil samples collected from the Property. Additionally, some of the soil samples containing debris also contained elevated concentrations of total barium. Therefore, it appears that the elevated concentrations of lead and barium are primarily associated with the presence of debris. Figures 3 and 4 illustrate the inferred lateral extent of lead -affected soils in the 0 to 2 -foot and 2 to 4 -foot BLS intervals. It appears the during site preparation, a majority of the debris and lead -affected soils were removed from the central -southeastern portion of the northern adjoining property (i.e., southern parking lot - - -"of Civic Towers =1855 NW 15'h Avenue): However, -soil samples collected the northern-gortion of the northern adjoining property, and the southern adjoining residence (1405-07 NW 17 Street), contained the presence of debris and elevated concentrations of total lead and barium. The debris -affected soils on the Property, which contain elevated heavy metals, will be addressed in a subsequent RAP. However, the debris -affected and lead -affected soils identified on the adjoining properties may be addressed under institutional and engineering controls. 3.4 DIOXIN -AFFECTED SOILS Based on the expanded soil assessment, the following is a summary of the offsite dioxin/furan assessment. Tables summarizing the analytical results are presented in Appendix C. Most soil samples collected from the northern adjoining property (Civic Towers) contained low concentrations of dixons/furans, with Toxicity Equivalency Quotients (TTQs) ranging from 1.11 to 1.94 parts per trillion (ppt), which were below the 7 ppt Soil Cleanup Target Level (SCTL) for residential -use direct exposure. However, one soil sample, SB -51, collected from the southeastern corner of the Civic Towers property (approximately 5 -feet north of the Property), contained 47.52 ppt of dixoins/furans in the 0 to 2 -foot BLS interval, and 20.61 ppt of dioxins/furans in the 2 to 4 -foot BLS interval. This sample was collected from a grassy area, and contained less than 2 -feet of clean fill cover, which was different from a majority of the other areas tested on the northern adjoining property (most of which had greater than 2 -feet of surficial fill). • Soil samples were collected from the 0 to 2 -foot BLS intervals of SB -61, SB -62 and SB -63, _ adv_"arced_ on_ t. _southern ad o�nm residential ro ert 1405/07 NW _17�' .Street --- 1 9 ___ _p_ P_ Y _(_ - 77 ztn7 uran'TE fo�these soih'samples rang ttror� 2 03"_035.15 ppt; wCirdi the 7 ppt SCTL for residential -use direct exposure. Additionally, one sample (SB -62) also exceeded the 30 ppt SCTL for commercialfindustrial-use direct exposure. • Soil samples were collected from the 0 to 2 -foot BLS interval of SB -66, advanced on the southern adjoining vacant residential property (1431 NW 17'h Street). Dioxin/furan TEQs for this soil sample was 7.30 ppt, which barely exceeded the 7 ppt SCTL for residential -use direct exposure. N. 03- 200 EE$G: Site Assessment Report Addendum ISeptember 2002 • Soil samples collected from the southern and eastern easements (SB -64 and SB -65) had dioxin/furan TEQ concentrations ranging from 1.90 to 3.93 ppt, which were below the 7 ppt SCTL for residential -use direct exposure. 3.5 LEACHABILITY ASSESSMENT Following the August 16, 2002 meeting, DERM contacted EE&G and requested an appropriate number of samples be reanalyzed to assess potential leachability concems and "hazardous waste" classification concerns. While EE&G was unable to analyze all samples requested, the following is a summary of the results for soil samples that were reanalyzed. • The following soil samples were analyzed for lead using the Synthetic Precipitate Leaching Procedure (SPLP): SB=68 (2 to 4 -feet BLS) --SPLP Lead= 0.63'mg/L(total lead = 906 mg/Kg).---- SB -78 (2 to 4 feet BLS) - SPLP Lead = 0.007 mg/L (total lead = 2,237 mg/Kg). • The following soil samples were analyzed for arsenic using SPLP: - SB -68 (0 to 2 feet BLS) - SPLP Arsenic = BDL (total arsenic = 98 mg/Kg). - SB -68 (2 to 4 feet BLS) - SPLP Arsenic = BDL mg/L (total arsenic = 9.8 mg/Kg). - SB -78 (2 to 4 feet BLS) - SPLP Arsenic = BDL mg/L (total arsenic = 16 mg/Kg). • The following soil samples were analyzed for barium using SPLP: - SB -78 (2 to 4 feet BLS) - SPLP Barium = BDL mg/L (total barium = 908 mg/Kg). • The following soil samples were analyzed for lead using the Toxicity Characteristic Leachate Procedure (TCLP): - SB -55 (2 to 4 feet BLS) - - SB -61 (0 to 2 feet BLS) - - SB -63 (0 to 2 feet BLS) - - SB -68 (0 to 2 feet BLS) - - SB -68 (2 to 4 feet BLS) - - SB -69 (2 to 4 feet BLS) - TCLP Lead = 0.629 mg/L (total lead = 3,640 mg/Kg). TCLP Lead = 0.065 mg/L (total lead = 2,200 mg/Kg). TCLP Lead = 0.102 mg/L (total lead = 408 mg/Kg). TCLP Lead = 1.67 mg/L (total lead = 6,000 mg/Kg). TCLP Lead = 0.081 mg/L (total lead = 906 mg/Kg). TCLP Lead = 0.104 mg/L (total lead = 2,080 mg/Kg). • The following soil samples were previously analyzed for TCLP lead, during the 1998 Phase II- ESA (collected on the Property) These results were previously reported to DER. NNW SB -A-1 - TCLP Lead = BDL (total lead = 4,690 mg/Kg). SB -A-4 - TCLP Lead = BDL (total lead = 193,000 mg/Kg). SB -A-9 - TCLP Lead = 0.81 mg/L (total lead = 3,970 mg/Kg). SB-A-10-TCLP Lead =0.16 mg/L (total lead= 8,340 mg/Kg). 9 03- 200 EE G: Site Assessme.,, F ,port Addendum September 2002 Groundwater samples were collected on the northern adjoining property (Civic Towers property), during the August 20, 2002 groundwater sampling event. Groundwater samples were collected from the 4 to 8 -foot BLS interval, using direct -push technology (i.e., geoprobe). The samples were analyzed for total arsenic, barium and lead. The following is a summary of the laboratory findings (see Appendix B). • GP -1 (located in vicinity of SB -78): - Total arsenic = 0.035 mg/L. - Total barium = 0.095 mg/L. - Total lead = BDL. • GP -2 (located in vicinity of SB -79): -- --- -- - --- -Total arsenic =0.051-mg/L.-- -- ----- ---- ------ --- - ------- Total barium = 0.10 mg/L. _. - Total lead = BDL. The following conclusions are based upon interpretation of the assessment findings: • Based on the TCLP analyses, the soils and buried debris layer would not be classified as a hazardous waste. • Based on the SPLP analyses, the soils and buried debris layer have the potential to leach concentrations of lead that could impact the underlying groundwater quality above the Groundwater Cleanup Target Levels (GCTLs). However, based on the groundwater assessment results (including the previous assessment results presented in the SAR), it does not appear that the groundwater quality has been impacted above the GCTLs. • Based on the SPLP analyses, the soils and buried debris layer do not appear to be a significant threat to leaching arsenic and barium at concentrations that could impact the unde�!ying groundwater quality above the GCTLs. Additionally, based on the groundwater assessment results (including the previous assessment results presented in the SAR), it does not appear that the groundwater quality has been impacted above the GCTLs. 10 03- 200 EE$G: Site Assessment Report Addendum September 2002 3.6 SITE-SPECIFIC LITHOLOGY The site specific lithology was previously discussed in the SAR. Additionally, the offsite lithology is further discussed in this document (see Table 1 for boring details). However, in order to better assess the depth and distibution of the buried debris layer on the Property, EE&G contracted with a land surveyor to measure the elevations of 17 soil borings, which were advanced on September 13, 2002. The borings were collected using direct -push technology (i.e., geoprobe), and used only for visual inspection of the site-specific lithology. A site map illustrating the boring locations (labeled GP -A through GP -Q) is presented as Figure E-1 (see Appendix E). A series of three lithologic cross-sections are presented in Figures E-2 and E-3 (see Appendix E). Based on interpretation of these borings, the buried debris layers appears to be concentrated on the eastern half of the Property, from a depth of approximately 1 foot BLS to 4 -foot BLS. The actual thickness of this debris layer varies throughout the Property, and on the adjoining properties. However, it appears that a majority the nafuralfy-occurring clay layer was removed from the------ eastem portion of the Property and backfilled with these debris material. A clay layer was observed beneath the entire debris area. A limestone layer was encountered beneath the clay layer, at a depth of approximately 6 to 8 feet BLS. 11 03- 200 EEbG: Site Assessment Keport Addendum September 2002 SECTION 4.0 RECOMMENDATIONS Based on the site assessment findings, it does not appear that additional on-site soil or groundwater assessment is warranted. However, EE&G recommends that a Remedial Action Plan (RAP) or Risk -Based Corrective Action (RSCA) Plan be prepared to address the on-site affected debris - affected soils. Furthermore, EE&G recommends that the Property remain fenced and access to the public restricted until the affected soils are addressed by removal, treatment and/or risk assessment coupled with a permanent engineering/institutional control. EE&G recommends that the "on-site" environmental issues be addressed separately from the "off-site" issues. EE&G has obtained permission from Waste Management to transport the affected soils and debris to their local, non -hazardous landfill in either Medley or Pompano Beach. Therefore, EE&G is evaluating the financial feasibility of excavation and transportation offsite of these affected soils to address the environmental issue — prior -to development- of -the Property.—_ - EE&G recommends no further assessment of the "leachability" concerns on the Property and adjoining properties. The SPLP results presented in the SAR and this SARA indicated that the lead - affected soils have the potential to leach concentrations above the Groundwater Cleanup Target Levels. However, based on actual groundwater sampling data, this does not appear to be a significant environmental concern. Pursuant o the August 16, 2002 meeting, EE&G has competed the additional soil sampling to further delineate the extent of the debris layer and affected soils on the surrounding properties. As a matter of protection of human health (considering unrestricted residential usage), the northern and southern adjoining property owners should be notified of the presence of debris, which contains elevated concentrations of the various constituents of concern, and should be required to minimize direct exposure to the debris layer until the expanded assessment results are interpreted. The "offsite" environmental issues will be handled separately from the Property. The surrounding properties are already developed; therefore, the "off-site" RAP plan will most likely include a recommendation for leaving this material in-place under institutional and engineering controls. Pursuant to the August 16, 2002 meeting, EE&G is working with the City of Miami to address the two most concerning public health issues, including the playground on the northern adjoining property, and the southern adjoining residence. Further information on these areas of concern will be discussed in the subsequent RAP document. 12 _-iiiiiiiiiii,016 -W owl 03- 200 Brownfields Advisory Board Meeting April, 2000 Members Present Emilio Lopez Larry Mizrach Ernie Martin Others Craig Clevenger, EE&G City Staff - - - -- - Seth Joseph --- - - - - -------------- -- - - Bob Schwarzreich - Craig Clevenger informed Board of the public health issues at the Civic Center. These stem from relatively high levels of lead and arsenic that extend over about one-third of the site and the fact that the property is not fenced. Attention then turned to the Wynwood site, first in regard to the remaining lien issues. The letter that the Chair, Emilio Lopez sent to all City and County mayors and commissioners was distributed. It requested assistance in resolving property tax liens held by Miami -Dade County and lot clearing liens held by the City of Miami. This included a detailed recap of all environmental costs to date and all liens outstanding. Mr. Schwarzreich discussed the recently awarded Brownfields Supplemental Assistance Grant from US EPA. The award is for $188,000 with $50,000 for a greenspace component. Finally, the Board passed a motion instructing staff to apply for a Brownfields Economic Development Initiative Grant. 03- 200 City of Miami Civic Center Site File #17376/HWR-501 1700 NW 10 Avenue Meeting Minutes Date and Time: June 18, 2002@3:OOPM Attendees: ---------_--_ . ----Wilbur.Mayorga, DERM Professional Engineer, Chief.--------- ------- ------ __-- ------------------------. Margaret Silva, DERM Professional -Geologist Rodolfo Rego, DERM Hydrogeologist II /2/11 Timothy Gipe, EE&G, President Craig C. Clevenger, EE&G, Professional Geologist Bob Schwarzreich, City of Miami Subiect• The meeting was regarding the most recent Site Assessment Report, which was submitted in the meeting. Mr. Clevenger and Mr. Gipe of EE&G expressed many concerns regarding exposure to residents, workers of the property, and the community in the immediate area. Mr. Mayorga stated that the Department of Health (DOH) was coordinating all health concerns within the area. Flyers and'notices were sent to the residences with contact information to provide any clarification to the situation. According to Mr. Mayorga, contact person on the brochure, to date no calls have been received. Mr. Mayorga also stated that blood work was being conducted on person(s) living in the immediate area(s); however, no results have been received. Also, toxicologist from University of Florida have been contacted and consulted regarding the immediate health impacts of the site. - Conclusions: can be made regarding on-site contamination. --I - 03- 200 47 FLORIDA DE?A_RT Q4r OF Jeb Bush –" Govemor FOR IMMEDIATE RELEASE John 0. Agwunobi, M.D. M.B.A. Secretary CONTACT: Beth Copeland 850-245-4444, ext. 2080 Toll Free (M -F 8-5) 877-798-2772 Agency Releases Report on Miami- Civic Center Property Hazardous Waste Site MIAMI— Florida Department of Health (DOH) recommends that people avoid going onto the vacant property located at 1700 NW 14' Avenue in Miami. Soil samples from the site show elevated levels of arsenic, cadmium, copper, and lead. Florida DOH recommends that until the site is cleaned up, people should stay off of it As long as pele_have no contact. with_the soil on the site, Florida .DOH ---- does not expect any health- effects. — DOH has found there is a possibility of health effects, especially for children, if they come into contact with soil on the three -acre property over a long period of time. The DOH report assumes that children, the smallest and usually most vulnerable people, would have to be on the site breathing contaminated dust, for at least three hours every day, seven days a week, for more than 15 years before any health effects would be expected. Breathing the dust contaminated with arsenic and cadmium for more than 30 years could increase the risk. of lung and/or prostate cancer. This is unlikely to occur, however, if the ground cover is left undisturbed. Ore way that soil can move off a site is in the form of dust. The county fenced this site off and maintains ground cover, grass and other vegetation, to keep down any dust. However, if the soil is disturbed, nearby residents could breathe contaminated dust. Dust also can get on the lips and hands of people exposed to it, especially children. Then if the person licks their lips, or eats without washing their hands, they can do what is called "accidental eating" of the soil. Children are more vulnerable to contaminants in soil. They are shorter than adults and, therefore, closer to the ground and the contamination. Children also are smaller than adults, so the amount they consume becomes a higher dose than the same amount would be in an adult body. In addition, children put their hands in or near their mouths more than adults, and are more likely to eat without washing their hands. This means they are more likely to consume more of any contaminated dust they get on their hands. The Miami -Dade County Health Department is sending out a flier to residents living nearby the site. - Q pod;an rtells cesiderits' �hot�f_#�ea7 t s=�f they oc thetr: 0766 si e. Florida DOH has recommended that the Miami -Dade Department of Environmental Resources Management (DERM) do additional sampling at the site to check for other chemicals associated with incinerator wastes, which may be present. Residents who have health questions can call Florida DOH toll free at 1-877-798-2772 during business hours and ask for Shaun Crawford or Beth Copeland. For questions about plans to clean up the site, residents can call Wilbur Mayorga at the Miami -Dade DERM Pollution Remediation Section at 305-372-6700 in Miami. 03- 200 otvtstov o; 48 Emdronrnental Health CITY OF bllAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arleen R. Weintraub, Director DATE: June 25, 2002 Real Estate and Economic Development FILE: SUBJECT: Health Department Notice regarding Civic Center Site FROM: REFERENCES: Robert Schwarzreich Brownfields Coordinator - ENCLOSURES: Meeting Minutes, Notice - -- This that-- -meeting - g -with -the 'Miami -Dade --County-Department—of Environmental County--DepartmentofEnvironmental Resources Management (DERM), we were informed that the Florida Department of Health (DOH) has issued a public advisory regarding the contamination of the Civic Center property, located at 1700 NW 14th Avenue, as a potential hazard to area residents, particularly children, and workers in the vicinity. The DOH will handle any calls resulting from the'advisory and will coordinate health concerns within the area. 03- 200 4( r PROJECT JUSTIFICATION / DISTRESS OR EXTENT OF PROBLEM 03- 200 Project Justification / Distress — Extent of Problem The project site is located within a vicinity with perceived — as well as real -- barriers to sustainable economic development and to the realization of national community development goals of lowering the poverty rate, promoting homeownership, and reducing overcrowding. This vicinity, defined by census block groups 30021 and 30022, forms part of Allapattah, a predominately minority neighborhood. Allapattah and the project vicinity are characterized by overcrowding in part produced by a dearth of affordable housing stock constraint by existing land use and zoning. Allapattah is only partially a residential neighborhood. Centrally located, the neighborhood's land use pattern is heavily commercial, industrial, and institutional. Miami's criminal courts, related criminal justice agencies and the University of Miami/Jackson Memorial Hospital complex occupy significant tracts near the project site. A major wholesale produce mart, bottling plants, manufacturers, and other commercial and industrial employers are located on or near the vicinity limiting land available for housing rehabilitation and/or new construction. Poverty magnifies the physical barriers placed on affordable housing development or rehabilitation. The City of Miami suffers from a chronically high poverty- rate: 27.5% in 1980, 31.2% in 1990 and 28.5% in 2000. Currently, the City has the highest poverty rate among large American cities. The vicinity's rate -- 43.5% is 3.4 times thq ational average. The vicinity's median household income ($8,378) is less than half of the City's and only 30% of national median household income. A correlate to low median household income within the vicinity is an extremely low home ownership rate of 3.9%, one-eighth the City's average and less than 1/17`h the 03- 200 nation's. Finally, this neighborhood suffers from severe overcrowding with 1.29 persons per occupied room. This is 2.6 times the national average. Further, it is a persistently high and decades -old poverty measure for what is now America's poorest major city. A large number of the 5,400 vicinity residents are recent immigrants with- limited education and job skills. Many of these hard-working persons lack basic literacy in their own language and have very limited marketable skills. They are included among the more than 19% of adults in Miami with a 9t' grade education or less according to Census 2000. Low educational attainment, limited language fluency, and less -than -marketable job skills contribute to the vicinity's high poverty and overcrowding rates and the very low percentage of homeownership. Another and perhaps more intuitive measure of poverty is that of household income. The project vicinity's median household income ($8,378) is less than half that of Miami and less than a third that of the nation. Correlated to the very low income in the neighborhood is an extremely low home ownership rate of 3.9%. This rate is one-eighth the City average and only one -seventeenth the national average. Finally, this neighborhood suffers from severe overcrowding with 1.29 persons per occupied room. This is 2.6 times the national average. The City's poverty rate is more than twice Fl rida's and 1.64 times that of e surrounding Miami -Dade County. Another `snapshot' — a group shot — of the vicinity includes demographics that provide additional insight to the economic distress and the challenges facing the project. The vicinity's 5,400 The is vicinity of 5,400 residents consists primarily of recent • 03- 200 immigrant many with little or no knowledge of English. Their average educational attainment is 8h grade or less. Quite a few, as employers can attest, lack literacy in their own native languages. But these newcomers bring, as employers can also attest, a strong work ethic to the workforce. Many are recent immigrants with only a limited command of English. More than-half.(55%) of adult residents are outside the labor force. These barriers are significant by themselves. However, the project site and limitations are daunting by themselves. But the site also has e Correlated to the very low income in the neighborhood is an extremely low home ownership rate of 3.9%. This rate is one-eighth the City average and only one - seventeenth the national average. Finally, this neighborhood suffers from severe overcrowding with 1.29 persons per occupied room. This is 2.6 times the national average. The project site, however, benefits from its location and access to mass transit, highways, and local roads. Clear, easily interpretable objective measures The project site is located in the Allapattah community, specifically in census block group 30021. While hardworking and often times accepting jobs that native Miamians would not accept, these residents and their families face daunting challenges: poverty, unemployment, homelessness, and a grade school education may be de ned _iy census block groups 30021 and 30022. This neighborhood of 5,400 persons contains a large immigrant population that is hard working but with a very low educational attainment. This has led to a very high poverty rate, a very low home ownership rate and significant overcrowding for this neighborhood. The specific information is as follows: 03- 200 The Project site is located within a vicinity comprised of Census block groups 30021 and 30022. This vicinity of 5,400 persons is made up primarily of immigrants, many of who lack fluency in English and often have limited schoolonly a grade school education. Vicinity residents — legal and otherwise — are active partiocwithin the Allapattah neighborhood, a Miami locality with striking contrasts in terms of its principal economy activities and the diversity of its residents. The immediate vicinity's demographics , Civic Center, with respect to its economy and society. Allapattah, specifically the Civic Center (Project site) area community and defined by fically in census block group 30021. The target neighborhood is defined by census block groups 30021 and 30022. This neighborhood of 5,400 persons contains a large immigrant population that is hard working but with a very low educational attainment. This has led to a very high poverty rate, a very low home ownership rate and significant overcrowding for this neighborhood. The specific information is as follows: The Project site in Miami's Allapattah neighborhood is by all measures an area in economic and social distress. Clear and easily interpretable measures of such distress include its poverty rate — 3.4 times the national average, its labor force participation — only 55% of adults in the neighborhood are in the workforce, and the very low educational attainment of residents. A rate that has both immediate and long-term consequences. Among the indicators for economic and socialdistress in urban X M neighborhoods are r adily interpretable ratios and percentages that give some sense of magnitude to problems, needs, and concerns. No single measure — whether quantitative or qualitative can take the place of the lived experience or careful observation. Noting these concerns, we believe that the probjective and readily interpretable measures that 03- 200 One of the major obstacles to economic development in inner city areas has been perceived of actual contamination of sites otherwise for redevelopment. This on top of other existing barriers on the cost and regulatory side has severely limited the possibilities for inner city business revitalization, as "greenfields" to the west were more economically attractive than the inner city "brownfields" sites. Brownfields redevelopment has proven to be an important engine for economic redevelopment in many major U.S. cities'. In Miami, the City's first EPA pilot provided the opportunity to remediate and redevelop a long -abandoned -industrial property. That pilot is now a concrete mix plan with 30 new jobs. That pilot is also a catalyst to redevelopment of a nearby brownfields property that will become a vibrant work -live setting. The City's Brownfields initiative began in 1996 and focused on a multi -parcel four -acre privately -held site in the industrial district of Wynwood, a very low income economically depressed community. The goal was to environmentally rehabilitate the site and turn it into a productive economic asset. The Wynwood site, which was abandoned twelve years ago, had been previously used for laundry and dry cleaning services. It not only was an eyesore to the community, but a location for illegal dumping, illegal activity including prostitution and drug sales, and a magnet for the homeless. To return the property to productive use would help eradicate these problems and lead to the employment of local residents. ' The Wynwood pilot project embodied the spirit of partnership. Throughout the process, the City has operated in partnership with the community, the private sector, the broader local community, the state and the federal government. The Wynwood Work Group and the Miami -Dade Brownfields Task Force, especially the Pilot Assistance Committee, have been essential components of the City's efforts. Through the efforts of the Wynwood Work Group, the City was able to quickly identify a prospective purchaser and later a brownfields developer for the site. Community meetings validated the direction of the project. The developer brought expertise in brownfields redevelopment and was willing to proceed on this rather complicated real estate transaction. It turned out that the property was in bankruptcy court in Nevada and this was an "upside down" deal. This orphaned and abandoned property was saddled with the twin burdens of environmental contamination and a long litany of liens and other encumbrances. At that time the ;properties, if aean, were -worth approximately -$470,000. On the other side of-theJer,-,= = =_ liens' and other, -encumbrances amounted to $1,907,812 with an unknown amoun of environmental costs and liabilities. Our public sector partners at the federal level, the Environmental Protection Agency, has provided $200,000 of funding and both technical and organizational advice. Our elected official, Congresswoman Meek has been the impetus behind the resolution of an IRS lien on the property. At the state level, the project has been generously funded with $500,000 and the Department of Environmental Protection has provided assistance throughout the o- 200 process. Further, the city was one of the original partners of the Brownfields Eastward Ho! Partnership that resulted in EPA awarding the Showcase Community designation to South Florida in October 1999. In addition the City received a $108,000 grant from the State of Florida that was used for petroleum based remediation activity in 2001. The success of the Wynwood Brownfields Project led to the awarding of a $185,000 Supplementary Assistance Grant by U.S. EPA in 1999. The focus of this second grant was on development opportunities along the Miami River Corridor. By this time, a City of Miami Brownfields Advisory Board had been established. They took on an active approach regarding -the development of the project. Although Phase I and some Phase H environmental assessment work had been completed, it was not until attention was turned to Wagner Creek, a tributary of the Miami River, that the project took off. Specifically, it was the 2.7 acre Civic Center site that caught the eye of the regulatory community and developers alike. For developers, the site's location adjacent to the City's Medical and Civic Center and the size of the property was highly desirable. As it turned out, high levels of lead, barium, and arsenic were not the only things found in the ground. Further, based on subsequent testing, this debris layer also contained elevated concentrations of chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzafurans (CDFs). Based on the analytical and visual characteristics of this debris layer, the source is believed to have been associated with the historic dumping of incineration waste. No significant groundwater impacts were identified on the property. Despite this finding, there was considerable developer response to Request for Proposals for the remediation and development of the Civic Center Site that the City issued in June 2002. The development team was on board by July and what turned out to be a successful Brownfields Economic Development Initiative Grant was submitted latter that same month. The $1 million award helps turn this otherwise upside down deal right side up by providing about 60 percent of environmental remediation costs. The proposed remedial action plan (RAP) that the developers must includes excavation and offsite disposal of the affected material. The inferred extent of buried debris extends across approximately 60,000 square feet of the property's eastern half, with a thickness of approximately 2 to 4 feet below land surface. This will lay the groundwork for the redevelopment phase of the project. 03- 200 r PROJECT PARTNERS iN �LQiT _ P03- 200 APPLICANT HISTORY OF SECTION 108 i v3-- 200 n PUBLIC NOTICES 0 900 2003 JAN 13 PM 2: 36 97C z'ilaa CITE OF r*y "ND CITYt>�DE Mau= City of Miami residents are encouraged to participate in Dial Public Hearings to beheld by the City of Miami Commissioner 1 resenting each District and the .Cttywide Community 'Developrr Advisory Board. The purpose of the Public Hearings is to disc community needs to be addressed in the development of the C1 Consolidated Plan to distribute Community Development Bl Grant. HOME investment Partnerships, Housing Opportunities Persons with AIDS and Emergency Shelter Grant Funds. Following is a schedule of the Public Hearings: District 1 - Commissioner Wifredo Gort, Vice Chairman Thursday, April 29, 1999. 6:00 P.M.. Juan Pablo Due Park (formerly Allapattah Comstock Park). 2800 N.W. 17th Avenue. trict 2 , Commissioner J.L. Plummer, Chairman, Thursday, April 15, 1999, 6:00 P.M., City of Miami Coinmission Chamber 3500 Pan American Drive and Tuesday, April 19, 1999, 6:00 P.M., Wynwood NET 101 N.W. 34th Street 3 - Commissioner Joe Sanchez Monday. April 5. I999. 6:00 P.M.. Manuel'Artime Theater 900 S.W. Ist Street 4 - Commissioner Tomas Regalado Wednesday, April 28. 1999, 6:00 P.M., Flagami NET Ofilce. 3802 N.W. 11st Street :k 5 - Commissioner Arthur E. Teele Tuesday, April 20, 1999. 6:00 P.M., Mount Calvary Baptist Church 1140 N.W. 62nd Street lieu of the aforementioned District Public Hearings, the follo, ;viously advertised meetings of the Citywide Commu velopment Advisory Board scheduled at Miami -Dade Commu tlege. Wolfson Campus, 300 N.E. 2nd Avenue, Room 2106 rebs cancelled: Wednesday, April 7, 1999 at 6:00 P.M. Wednesday, April 21. 19 9 at 6:00 P.M. Interested individuals a . encouraged to -attend thie-above-Public Hearings. For additional nformation, please contact the Departmen of Community Development at (305) 416-2080. No. 5559 (1'1 i 03- 200 ts and watch Action Line ,4� right F �hin� you. A CARE ACCESS TASK FORCE is PUBLIC HEARING Public invited to help develop a plan of action to serve the County's more than 450,000 uninsured residents Using the reaorrimendations compiled during the Mayor's Health Care Initiative held In February, the Wealth Care Access Task Force is in the process of devel- oping a plan of action io provide access to Wally, convenient and affordable healthcans for the County's more than 450,000 uninsured residents. The pu b- iic is im/ited to provide input for the development of the plan in the following: Expanding Eligibility, Outreach and Education, Pubfidprivate Partnerships; arid, the Govert>ance Structure. Thursday, June 20tlt, 2002 • 7:00 p.m. Miami -Dade Community College - Wolfson Campus 300 NE 2nd Avenue - Chapman Center . Building 3, Room 3210 For more information about the Health Care Access Tnk Force, visit or call 305-375-2532. r`. —Request for Letters of Interest from Qualified Proposers for Remediation and Development of 1700 NW 14 Avenue The City of Miami is seeking letters of interest from qualified proposers will" to enter into competifhe negotiations for the remediation of environmental conditions and development of fire property located at 1700 NW 14 Avenue, Miami, Florida. commonly known as the -Chic Center Site-. The objective of the City is to develop a mixed income. home ownership developmert which stare include an affordable housing component Limited retail or other accessary uses as permitted by zoning may be proposed in adattion to. the home ownership component The Civic Center site is approximately 2.7 acres located between Mw 17 and NW 18 Streets and NW 14 and NW 15 Avenues. The property is zoned R-4. Environmental The site corriains various contaminants that exceed Siete of Florida standards. The contamination is in on eastern portion of the Property anal covers about one-third of tib Property to a depth of approximateyr far feet Potential posers tobwa�41only b contacBSchwarzreichat (056-1 tReport o forthis an appontm getters of Interest must contain: a) Proposers quardiraka and proven experience as it relates to the r.: tion and development of erhvkormentalty contaminated sibts and devekpment j' b) Proposers demonstrated experience in obtaining grants for environmental remedlatan and/or housing development. c) Sufficient information an the Proposers financial abift d) Project pro forma to irr_hrde estimated project cost and proposed source of funds. e) Conceptual design and development plan ind"Sng Wyatt mix and perwitage of uses. by housing type, required affordable routs. retail and other accessory uses permitted by zoning. Also Include proposed percentage of median Income to Waft for affordable horsing units. Letters of Interest mus; be received no later than 10:00 AM, Monday, June 24, 2002, addressed to Bob Schwaravich, at 444 SW 2nd Avenue, Third Floor, Miami, Florida 33130. f For additional information, please contact W. Schvranaeidh at (30M 416-1418. The City reserves the right to accept any Letters of Interest deerned to be In the best interest of the City rx waive any irregularities in any response, to cancel or reject any and all responses, and/or to wadvertise for the letters of interest. Carks A. Girnenez CityAllanagor (MNo. 5024) 6 Two die'in fiery car cra; Two people died Sunday morning in a fiery crash on Florida's Turnpike near the Bird Road eat, according to the Florida highway PatroL The two were traveling north on the turnpike at about 2:30 a.m., when the driver lost control of the 1995 Nissa swerved into the gua>m car rolled down an em went and caught tyr%., The intense fire melte licen plate, accoPolice were unable id the bodies as of late Sunc MIAM PUBLIC NOTICE rhe Board of County Conurrssioners of Mieff i -Dade County, Florid xhnduct a Public Wearing in its meeting. room on the 2nd floor of the S+ ? Clark Canter. ill NW 1st Street, Miami, Florida, on Tuesday, Jiffy 90 it 9:30 A.M. to consider creation of 'Trais at Monterey Com, Development District' hereinafter called dw'Distre. The Public Heart peen scheduled pursuant to the provisions of the Wwd43a& Counk and Florida State Statute 190. The Petition with pertinent fads is civ* nspecdw in Room 17-202 of the Stephen P. Clark Cerner. The boundaries of the district are generally described as follows: On the North by S.W. 8th Street (ramiami Tradj; On the South by S.W. 21st Terrace; On the Fast by S.W. 154th Avenue; On the West by S.W. 157th Avenue. Boundaries are further indr-ited on the map shown below. The proposed Trails at Monterey Community SW S 57 Development District is designed to provide a financing mechanism for community infrastructure, services and faa'6tim, along with certain ongoing operations and maintenance, for the Trails at W Monterey development The development plan for the lands within the CDD induce consiruciion of a . approximately 415 residential units, with assodited "s roadway, storm drainage and water sewer facilities 00 �. estimated to cost approximately $9.V4 million. A more detailed summary of the CDD elements, as well as their cost and anticipated lack of fiscal impact to government agencies is on file with the sW 21 TERP Cleric of the Board of County. Cornmissioners in Room 47-202 at the P. Clark Center, 111 NW 1 st Street Miami, Florida, for public inspectk AN interested persons may appear before the Board at the tour and forth above or file written support for or objection to the district's Speaker *sign-up" cards will be available at the public bearing for a wish to speak. Groups or organizations are encouraged to use spokesperson. Presentations should not exceed 5 minutes.-� -' tf a member of the public decides to appeal any decision made by 0 Dade Board of Commissioners with respect to any mater conside meeting, a record of the proceedings will be needed and, for such i such member of the public may need to ensure that a verbatim rec proceedings is made, which record includes the testimony and evider which the appeal is to be based. The needs of hearing or visually impaired persons shall be met d th the Board is contacted (phone number 305.375.5137), at least 48 h to the public hearing by any person wishing assist2r"- 9 you have any questions concerning the disft please call the Pu' Department Special Taxing Districts Division at 305,375-2702. BOARD OF COUNTY COMMISSIOP Harvey Ruvin, Clerk Aq- 200 I) . • 8 THE' MIAMI TQIES B Thursday. June 17. 1999 NOTICE OF PUBLIC HEARING CITY- OF MIABU PROPOSED CONSOLIDATED PLAN FOR THE FIVE YEAR PERIOD 1999 - 2004 FOR THE USE OF COMMUNI- TY DEVELOPMENT BLOCK (CDBG) PROGRAM, THE HOME OVESTMENT PARTNERSHIP (HOME) PROGRAM, THE OPPOR- TUNITIES FOR PERSONS WITH AIDS (HOPWA), AND THE EMER- GENCY SHELTER GRANT (ESG) AND THE HOUSING Pursuant to the Department of Housing and Urban Development '24 • CFR Part 91. et al: Consolidated Submission for Community j Planning and Development Programs, it is required hat the City of Miami submit its FY 1999 - 2004 Consolidated Plan to the +. Department of Housing and Urban Development (HUD). The FY 1999 - 2004 Consolidated Plan consists of: • Description of activities that will be undertaken to address orioritv need in the next five (5) years. Activities that will be undertaken to address emergency shelter and transitional housing needs of homeless individ- uals and families to prevent low-income individuals and families with children from becoming homeless. • Actions that will be undertaken to foster and maintain t affordable housing, public facilities and improvements, remove barriers to affordable housing, reduce the number of households with income below the poverty line, develop Institutional structure, address obstacles to meeting under served needs and promote employment opportunities for low and moderate income persons, foster economic devel- opment and commercial revitalization, and deliver social services to poor neighborhoods. • Actions that will be taken to support housing and other service programs for persons with AIDS. in FY 1999 it is estimated that the City of Miami will receive HUD resources as follows: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) $12.731.000. HOME INVESTMENT PARTNERSHIP (HOME) $4,881,000. EMERGENCY SHELTER GRANT (ESG) $452.000. AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPwA). $8.418.000. An opportunity to comment on the Five Year Consolidated Plan will be provided at a public hearing to be held before the City Commission on June 22, 1999 at 10:00 a.m. in the City Commission Chambers, 3500 Pan American Drive. At t";-, !,ub- lic hearing. the City Commission will discuss funding categon•_- iur the allocation of HUD fonds for the years 1999 - 2004 for each of the projects included in the 1998-1999 Action Plan. Any persons who decide to appeal any decision made by any 1,,,ard Agency or Commission. with respect to any matter considered al I I- meeting or hearing will need n record of the proceedings. Such lW1 ,on may need to ensure that a verbatim record of the prucc�661 made. including the tentimunv and rvidenC•e Upon which the nisi,• :,l Is to be made. 03- 2 0 QAD():;:)W-1 Request for Letters of Interest from Qualified Proposers for Remediation and Development of 1700 NW 14 Avenue The City of Miami is seeking letters of interest from qualified proposers willing to enter into competitive negotiations for the remediation of environmental conditions and development of the property located at -1700 NW 14 Avenue, Miarnif lorida, commonly known as the "Civic Center Site". iective: The objective of the City is to develop a mixed income, home ownership development, which shall include an affordable housing component. Limited retail or other accessory uses as permitted by zoning may be proposed in addition to the home ownership component. Pr e • The Civic Center site is approximately 2.7 acres located between NW 17 and NW 18 Streets and NW 14 and NW 15 Avenues. The property is zoned R-4. Environmental Conditions: The site contains various contaminants that exceed State of Florida standards. The contamination is in the eastern portion of the Property and covers about one-third of the Property to a depth of approximately four feet. Potential proposers may review the Site Assessment Report for the Property by appointment only. Please contact Bob Schwarzreich at (305)416-1418 to schedule an appointment. Letters of interest must contain: a) Proposer's qualifications and proven experience as it relates to the remediation and development of environmentally contaminated sites and residential housing development. b) Proposer's demonstrated experience in obtaining grants for environmental remediation and/or housing development. c) Sufficient information on the Proposer's financial ability. d) Project pro forma to include estimated project cost and proposed source of funds. e) Conceptual design and development plan indicating layout, mix and percentage of uses, by housing type, required affordable units, retail and other accessory uses permitted by zoning. Also include proposed percentage of median income to qualify for affordable housing units. Letters of interest must be received no later than 10:00 AM, Monday, June 24, 2002, addressed to Bob Schwarzreich, at 444 SW 2nd Avenue, Third Floor, Miami, Florida 33130. For additional information, please contact Mr. Schwarzreich at (305) 416-1418. - = ThX ity reserves the right W accepf' ny Letters of Interest deemed to be in the best interest of the City or waivany irregularities in any response, to cancel or reject any and all responses, and/or to re -advertise for the letters of interest. Carlos A. Gimenez City Manager (Ad No. 5024) 03-• JL NOTICE OF PUBLIC HEARING AND REQUEST FOR COMMENT - REGARDING THE DEVELOPMENT OF A CITY PROPERTY KNOWN AS THE "CIVIC CENTER SITE" 1700 NW 14TH AVENUE, MIAMI, FLORIDA The Miami City Commission requests public comment and will hold a Public Hearing on January -23, 2003 to discuss the development of the 2.95 -acre City -owned property located at 1700 NW 14`s Avenue, Miami, Florida, known as the "Civic Center" site (the "Property', as follows: • Consideration of the sale of the Property to Wagner Square, LLC (the "Developer'); and its proposed redevelopment, by the Developer as a condition of such sale, as a mixed-use development, specifically for the purpose of creating affordable and mixed -income home -ownership residences, with ancillary retail and office space (the "Project"); • Proposed acceptance of a grant in the amount of $1,000,000 for environmental remediation in connection with the Project from the U.S. Department of Housing and Urban Development ("HLTD') under its Brownfield Economic Development Initiative grant program; and • Proposed application by the City to HUD for a Section 108 Loan Guaranty Assistance in the amount of $4,000,000 for the Project and a pledge of future Community Development block grant funds for this purpose; and • Proposed amendment to the City's current 5 -year Consolidated Plan to provide for this Project as an activity to be completed under the scope of said Plan. The Public Hearing will be held in conjunction with the regularly scheduled City Commission meeting of January 23, 2003 at: MANUEL ARTIME CENTER 900 SW First Street Miami, Florida 0 All inters 4 individuals are invited and encouraged to attcnd this hearing. The meeting will be. : accessible to the physically impaired. Furthermore, any individual wishing to comment on the proposed activities may do so at the Public Hearing, or may comment in writing through February 10, 2003 addressed to: City of Miami Department of Economic Development, attention: Bob Schwarzreich, 444 SW 2'AN,enue, 3` Floor, Miami, Florida 33130. . (AD No -3S47) 03- 200 i ` I r✓ :N�TI L Y `x_ • _. �.�� •OFA; -U MIAMI DAILY BUSIN STATE OF FLORIDA_ COUNTY OF MIAMI-DADE: : •:: ; .. = _ - V ` V.,:, fi Before the undersigned authority pe OCTELMA V. FERBEYRE, who on oath says-' r y O ' !=u �- : -- '�O�r�,� SUPERVISOR, Legal Notices of the Miami D ;.. w;:' ,:i`�:•}' ��;.t" ?±.,,R`• ='Y�� Review Uk/a Miami Review, a dally (except and Legal Holidays) newspaper, published at :�:' = :: r `::' : r": �' ': ,;jk 'i',wii':; �z'xr tj ' -Tlie'Mtarrii*,Citji Com: s-stoh.Ali hold'a�Pupl a Hearing December.12, 2002 County, Florida; that the attached copy of a being a Legal Advertisement •discuss the 'developfrie t of the:2 95 secs Citi -o located at•17 of Notice in the NW'14th Street, Miami .I.o'n* known as'the:re •:¢ente5.►9g;;as follows•, P.O. 0384,3 Consideration of_ a sale'of said: propeiFitd Wa'gner.Sguare; LLC { CITY OF MIAMI NOTICE OF PUBLIC HEART • ODevelo er' +KfYn..�Y •x'�,r?sy'', .iry'F •'t P )� DEVELOPMENT KNOWN AS CIVIC CENTE Y: ms • . Consideration of: a proposed re evelo of the pr6perty.by3he De in the XXXX Court, ,pf •oper as a condition' . of sale, as mixed u veloptr eht arldsq ifjce�jf the cre iiorrie=ov+rrferFfip �dsf was published in said newspaper in the issue: purpose'of ting affordable artd'tnsiincome dances with ancili ry retail and offce_spa )Vthe''Project); ' 12/03/2002 .. Proposed acceptance of a grant in the;amount:of $1;000,000'fo�-t3uvron- mental remediation in connection with the-Projedt from the U.S..Departmt[t-ii "•= -. ` of Housing and U Ban-Development•('HUD") /under its Brownfield Ecbne"jfirii t 41fiant further says that the said Miami Dail E Y Review Is a newspaper published at Miami in . County, :: ° := Deve)opment Initiative grant program; arid.- J: �.;: _ . ; : Proposed appitcatfon by the City to HUD I.or a Section 108 Loo6kia' nay Florida and that the said newspaper t heretofore been continuous) in Assistance in the amount of $4,000,000 for the;Project.- ;::... Y Published saic Florida, each day (except Saturday, Sunday a and has been entered as second class mail m t ," ••: The Public Hearing will be held in'conjunction wiih the regularly.'scfi uted City office in Miami in said Miami -Dade County, Flc Commission meeting'of December 12, 2002 at:. period of one year next preceding the first pub t°� •: attached copy of advertisement; and affiant fu she has neither paid nor promised any person MIAMI ARENA any discount, rebate, commiss' nor refund fo. of securin .this adverbs for _ �= =` - 701 ARENA BOULEVARD ublication e newsp er. Miami, Florida All.interested individuals are invited and encouraged to`attend this hearing�li meeting will be accessible to the physically impaired. Furthermore, any` i ..yidua Sworn to and subscribed before me this wishing to comment on the proposed activities may do so at the Public Hearing 03 day of CEMBER 200 or may comment in writing to: City of Miami Department of Real Estate and Ec6 nomic Development, attention: Bob Schwarzreich, 444 SW 2nd •AVenueAii Floor, Miami, Florida 33130. 7. (SEA' OFFIGAI, NOT (AD No. 03843) OCTELMA V. FERBE>, 1213 i 02-3-011319233h '1 COMMISSION NO. CC 912958 03 200 MIAMI DAILY BUSINESS REVIEW PubRstwd Daily excW Saturday, Sunday and Legal rya Mlarni, NamfDade Canty, Florida STATE OF FLOF COUNTY OF MI/ CITY -0 ,MIAMI Before the t REQUEST FOR LETTRR= W NITE11OW . SOOKIE WIW .–FROM QUALWIRO PROPOSERS FOR:. VICE PRESIDE REMEDIATION AND IK1fELOPMENT OF 1700 MIN /4 AVENUE Review f/k/a Mi The City o(Miami is seeking letters of interest from qualified proposers w to longer km competitive negotiations for" remedtatlon of on.. known the *CM and Legal H virorvnental conditions and development of the property kxatad al i 700 NW . 4 Avenue. Miami. Florida. can inony Center._ +b. Flo site• Objective: The objective of the City is to develop a mixed inoorrne, ftorrie owtwrsf>ip devefopntent, which shat indtrda an allordabls being a Legal component Lirtnited retaD or other accessory uses as permitted by zoning may be proposed in adQtlort to the home ownersftip oorniponst Streets NW 14 NW 15 Averaa Property: The Civic Center site is approximately 2.7 acres located between NW 17 and NW IS and and P.O. 5024 The property fa zoned R-4. CINTEREST Conditions: The site contains various contaminants that exceed State of Florida standards. Tne contamination is In If.— FREnvironmental eastern portion of the Property and covers about one-third of the Property to a depth of approximately four feet. Potential proposers may r view the Site Assessment [aepoit for the Property by appointmeM o*. Please contact Bob Schwarzreich at (305)416-14111 to schedule an ap- in the XXXX pantmenL r was published i Letters of interest must contain:{ a) Proposer'9 qualifications and proven experience as it riMates to the remediation and .development of environmentally contaminated saes ` 06/17/2002 and residential housing dovelopTent.r b) Proposers demonrated experience in obtaining grants for envi onunental mmediatxxt and/or housing devefopinent .. Proposer's c�2 Sufficient information on the financial abr'lity =proposed funds. Affiant further al Project pro forma to include estimated project cost source d sy Conceptual design and development plan including layout mix and percentage of uses. by housing type. required affordable units, qct. Review is a and other accessory uses pernitted by zoning. Also Include proposed percentage of mm edian income to.qualffy for affordable housing ; County, Florida units. heretofore been Letters of interest must be received no later than 10:00 AM, Monday. June 24, 2002, addressed to Bob Schwarzreich, at 444 SW and Ave- Florida, each nue, Third Floor, Miami, Florida 33130. For additional infon ation, please contact Mr. Sdtwarzreich at (305) 416-1418.. and has been a The City reserves the right to accept any Letters of Interest deemed to be in the best interest of the City or waive any irregulart6es in arty rwl .- office in Wwni i sponse, to cancel or reject any and all responses, andlor to re -advertise for the letters of interest. period of one y Carlos A Gimenez. a 0 City Manager Ad No. 5024) 6/17 a y deither t. fe 02-441=910M o securi v thissomeni Tor Durmaraunn in HIS sa, F to and subscnbed before me this day f J NE , A.D. (sem) MAPA 1. MESA BOOKIE WILLIAMS person t� ohW (C0b!JLS M*4 f CC SM40 E �g x IHE3 !da.•cl14.200t `+�,p�.�i„��+` eendw ny„ R«ry 7uhGe :naernr�n� 03- 200 Request for Letters of Interest from Qualified Proposers for Remediation and Development of 1700 NW 14 Avenue The City of Miami is seeking letters of interest from qualified proposers willing to enter into competitive negotiations for the remediation of environmental conditions and development of the property located at 1700 NW 14 Avenue, Miami; Florida, commonly known as the "Civic Center Site". Objective: The objective of the City is to develop a mixed income, home ownership development, which shall include an affordable housing component. Limitedretail or other accessory uses as permitted by zoning may be proposed in addition to the home ownership component. roe : ---The Civic Center site is -approkirhkt61y 2:7 acres located between NW 17 and NW 18 Streets and NW 14 and NW 15 Avenues. The property is zoned R-4. Environmental Conditions: The site contains various contaminants that exceed State of, Florida standards. The contamination is in the eastern portion of the Property and covers about one-third of the Property to a depth of approximately four feet. Potential proposers may review the Site Assessment Report for the Property by appointment only. Please contact Bob Schwarzreich at (305)416-1418 to schedule an appointment. Letters of interest must contain: a) Proposer's qualifications and proven experience as it relates to the remediation and development of environmentally contaminated sites and residential housing development. b) Proposer's demonstrated experience in obtaining grants for environmental remediation and/or housing development. c) Sufficient information on the Proposer's financial ability. d) Project pro forn:l to include estimated project cost and proposed source of funds. e) Conceptual design and development plan indicating layout, mix and percentage of uses, by housing type, required affordable units, retail and other accessory uses permitted by zoning. Also include proposed percentage of median income to qualify for affordable housing units. Letters of interest must be received no later than 10:00 AM, Monday, June 24. 2002, addressed to Bob Schwarzreich, at 444 SW 2"d Avenue, Third Floor, Miami, Florida 33130. For additional information, please contact Mr. Schwarzreich at (305) 416-1418. The -City reserves the right W accept any Lette.of Interest deemed to be in t!ie best interest of the City or waive any irregularities in any response, to cancel or reject any and all responses, and/or to re -advertise for the letters of interest. Carlos A. Gimenez City Manager (Ad No. 5024) 03-- 200 A SCHEDULE OF REPAYMENT OF LOAN z 03- 200 ENVIRONMENTAL REVIEW 03- 200 ENVIRONMENTAL REVIEW As per 24 CFR Part 58 Subparts A – H, " Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities", the City of Miami, Florida will be responsible for the preparation of the environmental assessment prior to the development of the project site, with said preparation to include the following: A. Format II Environmental Assessment 1. Summary Narrative & Project Description 2. Statutory Checklist with Attachments 3. Environmental Checklist —B. ---Mitigation and/or -Remediation of-any/all environmental -factors "Triggered . by the Statutory Checklist C. Public Advertisements/Postings as required Newspaper ads – Floodplain, FONSI or FOSI, Final Ad: NOI-RROF D. Issuance of FONSI or FOSI E. Submittal of RROF.to US HUD 03- 200 PUBLIC ENTITY CERTIFICATIONS 03- 200 CERTMCATIONS ' In accordance with the applicable statues and the regulations governing the Consolidated Plan regulations, the jurisdiction certifies that: 1 CITIZEN P_4RTICRA7IOiti PLAIN It is following a detailed citizen participation plan which: 1. Provides for and encourages citizen participation, with particular emphasis on participation by persons of low -and moderate -income who are residents of slum and blighted.areas and -of areas in which funds are proposed to -be used, -and provide&4Ar-- - - participation of residents in Iow- and moderate -income neighborhoods as defined by the local jurisdiction; 2. Provides citizens with reasonable and timely access to local meetings, informatiog and records relating to the grantee's proposed use of funds, as required by the revelation of the Secretary, and relating to the actual use of funds under the Act; 3. Provides for technical assistance -to groups representative of persons of low- and moderate -income that request such assistance in developing proposals with the Ievel and type of assistance to be determined by the grantee; 4. Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and vrith accommodation for the handicapped; 5. Provides for a timely written answer to written complaints and grievances, within 15 worlang days where practicable; and 5. Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be rea.=Jiably expect to participate. ATION Prior to submission of its housing and community development plan to HUD, the jurisdiction has: 1 _ Met the citizen participation requirements of §91.100 and §91.105; and 150 03- 200 Zvi 3. Malting it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the pant, the employee will — (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the work -place no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including — _--_- ----position title, to every grant officer or other -designee -on whose grant --activity convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification nutnber(s) of each affected grant; r' 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted — (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; . Maidna a good faith effort to continue to maintain a drug-free workplace through implemeu ation of paragraphs 1, 27 3, 4, 5, and 6. j AN71-LOBBYLNG To the best of the jurisdiction's knowledge and belief 1. No Federal appropriated fimds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee - -- . - of a Member of Congress in connection with the awarding of any Federal contract, the malting of any Federal grant, the making of any Federal loan, the entering into of any cboperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 152 03- 200 A MOM TOWNG CERTMCATION-S The monitoring of the Five -Year Consolidated Plan activities during FY 1999-2004 will be carried out by Contract Compliance ,Analysts who will be responsible for front line monitoring and will refer problem cases for enforcement. Their mission is to act as "stewards" to ensure that all funding is used appropriately and that each agency's operation is in full compliance with Federal and local regulations. A detailed Monitoring Report addressing issues of compliance, including program performance and effectiveness, and fiscal and administrative findings, will be utilized for each subcontractor. The Monitoring Report also will identify issues -of complianc�.-ancL _ recommend corrective actions. Evaluation measures . are geared toward an emphasis on performance and meeting objectives. Progress reports are revised to allow for more compreheasive measures to evaluate each subcontractor's performance. Monitoring reviews are conducted annually and focus on current year goals, objectives, results, and overall accountability. All subcontractors receive a minimum of one technical assistance review during the program year. A follow-up report for technical assistance received is developed for each agency to identify potential program areas and recommend proactive steps. Contract Compliance Analysts are available daily to assist agencies and subcontractors in efficiently and effectively carrying out activities to achieve the goals and objectives of the Plan. Signawre / DbxWd K Warshaw City Manager Official 154 1-1 ->-I- Date August 9, 1999 Date 03- 200 City of Miami, Riverside Center "44 SW 2„ Avenue, 2` Floor Miami, Florida 33130 Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Non -procurement Suspension and Debarment common rule and Drug -Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled -substance:' means -a controlled substance -in Schedules I through V-oft}ie=-` Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 throush 1308.15)-. ' "Conviction" means a finding of guilt* (including a plea of nolo contendere) $r imposition of sentence, or both. by and judicial body charged with the responsibility to determine N-iolatiors of the Federal or State criminal drug statutes; "Criminal drug stats,:." :re ns a Federal or non -Federal criminal statute involving the manufacture; distribunlon. dispcnsing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a -rant. including: (i) AM "direct charge" employees; (ii) all "indirect charge" emplorees unless their impact or involvement is insignificant to the performance of the -rant: and (iii) temporary personnel and consultants who are directly engaged ir the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not an the payroll of the grantee (e."-. rolunte ers. even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll or employees of Subrecipient or cub: on tractors in covered workplaces). Si�ature /Yorizec :0::110: Dobald H. Warshaw City Mammager I56 1-3 Date August 9. 1949 Date 03- 200 funds by assessing any amount against properties owned and occupied by persons of low- and moderate -income, including any fee charged, or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the caaital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. ?"fie jurisdiction will not attempt to recover any capital costs of pubhe improvements _ assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capstel costs of publu improvements financed from other revenue sources. In this case, an arse meat ar char a may- be made against the properly with respect to the pubUc financed by a source other than CDBG funds Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made iWainst the property for public improvements fwanced by a source other than CDBGfunds if the jurisdiction.certifres that it lacks CDBGfunds ' to cover the assessment EXCESSI'V'E FORCE It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring- entrance arringentrance to or exit from a facility or Iocation which is the subject of such non-violemt civil rights demonstrations within its jurisdiction; COMPLI? I CE 11TH AINM-DISCRDI 41 CATION LAWS j The grant wiIl be conducted and administered in conformity with title VI of the Civil . . Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. LEAD-BASED PAINT Its notification, inspection, testing, and abatement procedures concerning lead-based paint will comply with the requirements of 24 CFR § 37Q 60&. iSS 03- 200 RESOLUTIONS 03-- 200 DISI. .Jb-RE OF LOBBYING ACTIVITIES APPfovedbyOMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0346-0046 [Spp reverse fnr nl lhlic hi lydinn disclnsi 1rp 1 1. Upe of Federal Action: 2. Status of Federal Action: 3. Report Type: - a. contract Ia. bid/offer/application a. initial filing F b. grant b. initial award b. material change c. cooperative agreement c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance , 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name ® Prime ❑ Subawardee and Address of Prime: Tier , if known: City of Miami, Florida 444 SW 2 Avenue Miami, FL 33130 Congressional District, if known: 18 Congressional District, if known: 6. Federal. Department/Agency:--.-_. -_ . _._- _ __ _ . _ __- 7. Federal Program Name/Description: -- — -- - - — Departmetit of Housing and Brownfield Economic Development Initiative Urban Development CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: $ 1 million 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. 1Oa) (last name, first name, Ml): City of Miami, Florida 444 SW 2 Avenue See attached sheet Miami, FL 33130 11 Information requested through this form Is wthodzed by title 31 U.S.C. section Signature: 1352. This disdosure of lobbying activities Is a material representation of fact upon which nuance was placed by the tier above when this transaction was muds Print Na r o or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information wit be reported to the Congress semi-annuatty and will be ev"able for Tltie: Ci t3, Manager public inspection. My person who fails to Me the requirzd disclosure shag be Telephone No.: (305)-416-1025 Date: 8/9/02 subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such aiva. Federal WWAuthorized Only:,:: ,. s•>� : '' x : " � for Local Reproduction ; > � �x Standard Form LLL Rev. 7-97 0$ 200 I�'; y 10 b. Individuals performing services Blagman, Diane .Director of Legislative & Regulatory Affairs Greenberg & Traurig 800 Connecticut Avenue, N.W. Suite 500. Washington, D.C. 20006 202-331-3121 Spees, Richard L. Attorney at Law Katz, Kutter, Haigler, Alderman, Bryant & Yon, P.A. 801 Pennsylvania Avenue, NW Washington, D.C. 20004 202-393-1132 McDonald, Greg f Director of Legislative Affairs Greenberg & Traurig 800 Connecticut Avenue, N.W. Suite 500 Washington, D.C. 20006 202-331-3121 r4 03-- 200 17/0.3!2002 10:2e 3052505442 MAYORS OFFICE PAGE 02 J-02-640 B 7-8-02 02- 7.52 RESOLUTION NO. A RESOLUTION OF THE CITY OF M.TAMI COMMISSION ACCEPTING THE RECOMMENDATION OF. THE CITY MANAGER TO JOINTLY SUBMIT A 13ROWNSFIELD ECOivOMIC DEVELOPMENT INITIATIVE 03EDI) GRANT APPLICATION WITIT WAGNER SQUARE, LLC, A JOINT VENTURE CONSISTING OF ATWATF.R CAPITAL GROUP, INC., THE URBAN DEVELOPMENT GROUP, AND REDEVCO, THE FIRMS THAT SUBMITTED THE, TWO HIGHEST RANKING PROPOSALS I,N RESPONSE TO THE REQUEST- FOR =— LETTER,S--OF--I'N-TEREST�-FOR ~-- DEVELOPMENT OF A MLc1=n INCOME, HOME OWNERSHIP DEVELOPMENT TO INCLUDE AN AFFORDABLE HOUSING COMP0 ENT 02` APPROXIMATELY 2.7 ACRES LOCATED BETWEEN NORTHWEST 17"' AND 18T't STREETS AND NORTHWEST 14T" AND 15TH AVE' -IT ES, 'MIAMI, FLORIDA; APPROVING, N WNCIPL.E, THE FUTURE CDBG ALLOCATION OF A $,000,000 SECTION 108 LOAN FROM THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (US HUD) FOR PURPOSES OF SAID APPLICATION; FURTHER DIRECTING THE CITY MANAGER TO COME BACK TO THE CITY CO,\I%•fiSSION WITH A RECOMMENDATION AT THE CITY COMMISSION MEETING OF JULY 25, 2002; AND AUTHORIZPNG THE CITY ATTORNEY TO ENGAGE COUNSEL TO ASSIST WITH FINALIZING DEVELOPMENT OF A RECOMNIENDATIONT, INT AN AMOUNT NOT TO EXCEED 525,000, ALLOCATING FUNDS FROLt ACCOUNT CODE NO. 001000.920205.6.1.50: f WHEREAS, folla- wing prior directives of the Ciry Cor riission, the City issued a Request for Letters of Interest on .Tune 17, 2002; seeking a qualified firm to develop a mixed income, home ownership development to include an affordable housing development ora approximately 2.7 acres located ber ween N.W 1'`h and 1$`h Streets and N.W. 14" and 151h Avenues; and �4 03— ?00 1<<j - 4 2002 Bcoema— ao• ng— 792 PAGE 03 WHEREAS, the City received four submittals by the advertised deadline of Monday, June 24, 2002, at 10:00 a.m., that of 1) Atwater Capital Group, Inc., 2) Greater Miami Neighborhoods, Inc., 3) The Gatehouse Companies, and 4) the Urban Development Group; and WHEREAS, a selection committee appointed by the City Alanager evaluated proposals and ranked the firms in the following order: 1) Atwater Capital Group. Inc, 2) The Urban Development Group, 3) Greater Miami Neighborhoods, and 4) the Gatehouse Companies; and WHEREAS, on June 27`h, 2002, the City Commission directed the City Manager to negotiate an ageement with the two highest ranked firms and present -the business -terms-to-tlie Commission on July 8`h, 2002; and WHEREAS, the two highest ranked firms partnered to form a limited liability company (LLC*) comprised of Atwater Capital Group, Inc., The Urban Development Group, and Redevco (a member of The Urban Development Group) as members of the Wagner Square, LLC; and WHEREAS, the City Commission has determined it to be in the best interest of the City to submit an application for a BEDI grant of $1,000,000 to US HUD; and WHEREAS, the BEDI grant requires the commitment of a Section 104 loan: and WHEREAS, the proposed 54,000,000 Section 108 loan will provide a 4 to 1 ratio that wi:l provide a competitive BEDI grant application:; and WHEREAS. the Section 108 loan and the BEDI grant will allonv for remediation and specified development costs of a City -owned brown fields. property so that it may be devc1oped for a rnixed income home 1--nership development to include an affordable housing component on approximately 2.7 acres located between ;`]'W 17 and IS Streets and N*bV 14 and 15 Avenues, Miami, Florida; and 03- A.0 Page 2 ?*1 09- 782 04 WHEREAS, it is also in order for the City Commission to authorize the City Attorney to engage counsel to assist with finalizing development of a recommendation, in an amount not to exceed $25,000, said funding available from Account Code No. 001000.920205.6.250; NOtiV, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF ML4MI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the City Manager to jointly. submit- a Brownftelds Economic Development Initiative (BED1) grant application with Wagner Square, LLC, a joint venture consisting of Atwater Capital Group, Inc., The Urban Development Group, andlRedevco, the firms that submitted the two highest ranking proposals in response to the request for letters of Interest for development of a mixed income, home ownership development to include an affordable housing component on approximately 2.7 acres located bct%veen Northwest 17'h and 18"' Streets and Northwest 14'h and 151h Avenues, Miami, Florida, be accepted. Section 3. The future CDBG allocation of a 54,000,000 Section 108 loan from the US Department of Housing and Urban Development for development of a mixed income, home ownersihip development to include an affordable housing component on approximately 2.7 acres located between Northwest 17`h and 181" Streets and Northwest 10' and 15'h Averues, Miami, Florida is hereby approved in principle. N. Section 4. The City Manager is hereby directed to come back to the City Commission ar its meeting of July 25. 2002 .vith a recommendation. Section 5. The City Artomey is hereby authorized to engage counsel to assist with Finalizing development of a recommendation, in an amount not to exceed $25,000, allocating funds from Account Code No. 001000.920205.6.250. 03- 200 Page 3 W Q2- 7S? 41 rn:- e uj" UFF ICE 05 Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.l` ..-- PASSED AND ADOPTED this 8tKday of July-, 2002. ------ --------- ATTEST: PFJ SCILLA A. OMPSON, ITY CLERK APPROVE �f �f�'4' AT"1'OR.NL EY '%V64l2':L.8:BSS CORRECTNESS: MANUEL A. DIAZ.. M*YOR IF the Mayor does not sign this Resolution., it shall become effective at the end of ten calendar days from the date it was -passed and adopted. If the Mayor vetoes this Res-lution, it shall become Affective immediately upon override of Lhe v V V Y the City Commission. 03 !^ V V Page 4 02_ 782 42 Y) ARTICLES RELATED TO PROJECT a f os_- 200 Report Finds Increased Land Reuse Activity Page 1 of 2 Search kitkTi Search WWW r Search rebuzcom Home Report Finds Increased Activity, Comfort and Creativity in Land Reuse Markets Activities Nationwide Aerial Photos Boston .Apartments Census Maps Enviromaper Flood Maps Street Maps Topo Maps Real. Estate Jobs Free Newsletter enter e-mail Add f Remove r HTML Submit View sample Blackberry Internet Edition... ECS Land Reuse Report Shows More Than 175 Square Miles of Land Are Being Recycled EXTON, PA — (November 6, 2001) — More land is being recycled, more people appear comfortable living near or on it and those involved are exercising a lot of creativity in property redevelopment to make it all happen, according to the second annual ECS Land Reuse Report released today. According to this year's report, more than 112,000 acres or 175 square miles of land are in the process of being recycled. In comparison to last year's land reuse report, which showed 47,000 acres being redeveloped, this report analyzes the redevelopment activity on more than twice as much land. "A land area larger than the size of major cities like Atlanta, Philadelphia or San Jose is being returned to use," according to Bob Hallenbeck, senior vice president of government affairs for ECS. "Imagine the jobs, the living space and the other resources and contributions these cities offer. Scattered throughout the country, this amount of space could have been abandoned or forgotten." The ECS Land Reuse Report provides a "snapshot' of national and regional trends in the reuse of contaminated land through a media coverage review about these activities. ECS, Inc., one of the nation's leading providers of environmental insurance and the International Economic Development Council (IEDC), formed by the recent merger of the Council for Urban Economic Development and the American Economic Development Council, based in Washington, D.C., performed a media analysis of 317 newspaper and business journal articles published from July 2000 to May 2001 and collected from on-line sources. The report is available on-line at www.ecsinc_com/landreuse. "This report continues to offer ample evidence to suggest that developers and businesses alike are embracing brownfields development and that past anxieties may have begun to fade away," according to Ed Gilliland, vice president and senior director of Advisory Services for IEDC. "indeed, the news coverage analyzed is showing brownfields development as a major trend in real estate. Although communities often are concerned with health and safety issues, the level of dialogue continues to improve, thus allowing an informed, intelligent debate on cleanup and redevelopment." 4ownfields redevelopment has become an economical and far less complex attemative than It was 10 years ago and is poised to remain or become an integral part of many communities' economic development and environmental restoration programs," said Gilliland. "All stakeholders are gaining more and more comfort with brownfields redevelopment and such heightened comfort levels manifest themselves in the end uses being developed," Hallenbeck added. "The construction of residential properties and public facilities such as schools, health centers, trails and parks on formerly contaminated land stands as a testament to the optimism and faith that developers and businesses have in the redevelopment process and their customers' acceptance level." The second annual ECS Land Reuse Report pinpoints a variety of other trends: Comfort levels with brownfields redevelopment continue to grow. Developers 200 http://wivw. rebuz.com/research/1101-real-estate-research/land-reuse.htm 1/21/2003 Report Finds Increased Land Reuse Activity Page 2 of 2 governments, and the general public seem to be increasingly aware of the benefits of redevelopment. The level of dialogue continues to improve, thus allowing an informed, intelligent debate on cleanup and redevelopment A number of states — California, Massachusetts, New Jersey, New York, Pennsylvania, and Wisconsin — consistently appear at the forefront of brownfield redevelopment activity. These states appeared at the top of both the 2001 and 2000 studies' lists of number of sites under planned or current redevelopment Public sector involvement continues to be strong in brownfield redevelopment. Because the hurdles incumbent in redevelopment may be difficult to overcome with traditional methods, a variety of public sector tools including financial and regulatory incentives are being used to spur redevelopment Public-private partnerships are becoming increasingly creative. Local governments t are finding new and innovative ways to 'partner with private developers with insurance assistance, tax increment financing, tow -interest loans and other creative programs. Future and planned uses tend to be mostly other uses besides industrial. The report shows a high proportion of properties being redeveloped for mixed uses, office, residential, and cultural/recreational uses. Only 21 percent of the sites under review this year are to be redeveloped for industrial uses, a significant drop from - the 38 percent of sites analyzed last year -that were slated tar -be -reused- for--- -- - - industrial purposes. While communities may support redevelopment, concerns over health, safety, and gentrification prevail. Communities often are supportive of redevelopment for a number of reasons including increased property values, new job opportunities, and reduction in sprawl. Concerns are often raised relating to use of public funding, ' gentrification, overdevelopment, and health and safety hazards. IEDC is an association serving economic and community development professionals and those in allied fields. Formed in 2001 due to the merger of the Council for Urban Economic Development and the American Economic Development Council, IEDC has over 4000 members worldwide. ECS, an XL Capital company, is an underwriting manager providing integrated environmental risk management(R) solutions to business and industry worldwide. ECS meets the diverse needs of its customers through insurance, risk control and claims management. XL Capital Ltd, through its wholly owned subsidiaries, provides insurance and reinsurance coverages and financial products worldwide. As of September 30, 2001, XL had consolidated assets of approximately $25.7 billion and consolidated shareholders' equity of approximately $4.8 billion. Property for Sale I info@rebuz.com I About Rebuz I Rebuz Home I Advertise �jc0llt Copynghl0 2002 Rebuz Inc. Terms of use http://www.rebuz.com/research/I 101-real-estate-research/land-reuse.htm Rebuz 0 200 1/21/2003 EXCERPTS FROM LAND REUSE REPORT _ ..-. . , :,a., l�v.. $B�.Sk1� di.�.�'�.vrr::' -"�: ' •;:�«:.,�E �.':n'i:..'�'�tEti�7::G,. .. r '4... ';i . - j, ti 3- 200 50 so �40 10 ■zoo, ■ Zoog ,42 38 :13 QJ�& 8 20 _ 16 Public Sector Involvement in Redevelopment !The public sector plays multiple essential roles in real estate development projects. Local ;governments, and to some extent state governments, typically create and enforce zon- ing and building codes, control the permitting process, and can offer financial incentives or infrastructure development to favorable projects. Fast-track permitting and the delivery of financial incentives are most common when a particular development project meets community goals for environmental cleanup, urban revitalization, and job growth. Federal and state governments also provide grants, loans or other contribL,tions to projects that :meet public goals. ;Financial incentives remain the mechanism of choice for the public sector to facilitate 'brownfields development. Frequently the costs of land assembly, assessment and ;cleanup make brownfields redevelopment too expensive and risky for the private sector to assume a project without any assistance. Hence the public sector plays a valuable role in helping developers overcome the large hurdles incumbent in brownfields develop- ment. The tools available to the public sector to catalyze development expand each year, becoming more creative and sophisticated. Funding Sources Of the 428 sites assessed for this study, 162 included funding information (37 percent). Of those 162 sites, just over 80 percent involved total or partial publirids-38 percent of the cases were public funding only, 42 percent were public-private funding and 20 percent were financed entirely privately. This reflects nearly triple the percentage of projects that were publicly funded in 2002 over 2001. Roughly the same percentage of projects were pri- vately financed in 2001 and 2002, and the percentage of projects that included both public and private funding decreased by nearly half. P ojects supported by local, state, and federal sources were represented in roughly equal amounts -84, 83 and 89 projects, respectively. These figures are nearly identical to the n�,mber of projects with each level of governmental support discussed in 2001. Projects fre- q�ently used a mix of local, state and federal funds, and in 42 percent of cases, were sup- plemented contributions from private developers. The majority of federal brownfields funding comes from the United States Environmental Protection Agency (US EPA). US EPA's Brownfields program has operated since 1996 and offers communities funding and liability protection. Support from other agencies often tas the form of grants and low-interest loans. The most frequently cited federal funding Ike i M Q�`Ja`g QJ�& QJ,o�b acv; 16 Public Sector Involvement in Redevelopment !The public sector plays multiple essential roles in real estate development projects. Local ;governments, and to some extent state governments, typically create and enforce zon- ing and building codes, control the permitting process, and can offer financial incentives or infrastructure development to favorable projects. Fast-track permitting and the delivery of financial incentives are most common when a particular development project meets community goals for environmental cleanup, urban revitalization, and job growth. Federal and state governments also provide grants, loans or other contribL,tions to projects that :meet public goals. ;Financial incentives remain the mechanism of choice for the public sector to facilitate 'brownfields development. Frequently the costs of land assembly, assessment and ;cleanup make brownfields redevelopment too expensive and risky for the private sector to assume a project without any assistance. Hence the public sector plays a valuable role in helping developers overcome the large hurdles incumbent in brownfields develop- ment. The tools available to the public sector to catalyze development expand each year, becoming more creative and sophisticated. Funding Sources Of the 428 sites assessed for this study, 162 included funding information (37 percent). Of those 162 sites, just over 80 percent involved total or partial publirids-38 percent of the cases were public funding only, 42 percent were public-private funding and 20 percent were financed entirely privately. This reflects nearly triple the percentage of projects that were publicly funded in 2002 over 2001. Roughly the same percentage of projects were pri- vately financed in 2001 and 2002, and the percentage of projects that included both public and private funding decreased by nearly half. P ojects supported by local, state, and federal sources were represented in roughly equal amounts -84, 83 and 89 projects, respectively. These figures are nearly identical to the n�,mber of projects with each level of governmental support discussed in 2001. Projects fre- q�ently used a mix of local, state and federal funds, and in 42 percent of cases, were sup- plemented contributions from private developers. The majority of federal brownfields funding comes from the United States Environmental Protection Agency (US EPA). US EPA's Brownfields program has operated since 1996 and offers communities funding and liability protection. Support from other agencies often tas the form of grants and low-interest loans. The most frequently cited federal funding Ike i M source is EPA's Brownfields Assessment Grant. Selected communities receive $200,000 over two years to identify brownfields sites, conduct assessments to determine levels of contamination, and conduct feasibility studies. In this year's study, 42 sites included a refer- ence to an EPA assessment grant. This is an increase from studies in 2001 and 2000, which referenced 23 and 26 sites helped by EPA funds, respectively. Federal support can come from a number of other agencies, including the Department of Housing and Urban Development (HUD), Department of Transportation (DOT) and the Department of Commerce's Economic Development Administration (EDA). HUD offers a Brownfield Economic Development Initiative (BEDI) loan program. A BEDI grant is awarded on a competitive basis to communities that have secured a HUD Section 108 loan, which is backed by future Community Developmen# Block Grant allotments. Only one instance of a BEDI grant was reported in 2002. i Federal government involvement is crucialin redeveloping military sites and other federal properties. A range of issues must be addressed at closed federal facilities, such as cleanup, ongoing monitoring of contamination and transfer of ownership. As a rule, the U.S. government is responsible for cleanup on former military sites. But due to the size and complex nature of redeveloping military sites, communities often enter into partnerships with the federal government to create and implement reuse plans. In some cases, the fed- eral government will transfer ownership of the facilities and property to the local commu- nity through conveyance. Sometimes the land is valuable enough that developers will agree to assume cleanup costs in order to obtain control over the property. This was the case in Denver, where a 50 -acre parcel was sold to Cherokee Investment Partners ll. Cherokee will spend an estimated $20 million to clean up and redevelop the property, expecting to profit later from the sale and lease of the revitalized parcel. State government participation in brownfields cleanup and redevelopment typically takes the form of financial incentives and liability protection. Because land and building contami- nation is an environmental issue, many brownfields programs are housed in state depart- ments of environmental protection or natural resources. However, the incentives needed to spur the redevelopment of brownfields are an economic development issue and may be housed in a state's office of economic development or commerce. small business owners, *"new; owners o previously polluted land, and contiguous property." owners twill help developers understand�he limits of their pra, tection and increase' -confidence' in workinh brownfields sites. EPA plans to issue guidelines for the revamped funding program in fall 2002, reflecting a n additional $102 million for brownfields cleanup this year and an increase of $250 million per year over the next five years. 17 chase "and`redevelop a "di(apidaied" "i shoe factory and convert it into an apartment complex - but there was a catch. The'owner had declared bankruptcy and disap-" " peared. With a roof collapsing and support beams rotting, not to men- tion eager developers waiting in the wings, the York County Rede- velopment Authority launched 'a massive nationwide search for the deadbeat owner. All that hard work yielded a break- through. In 1998, the authority dis- covered the owner's telephone number. After the authority threat- ened to foreclose on the former manufacturer's mortgage, the owner agreed to sell its concern for $25,000. The authority trans- ferred ownership to the developer for $1, and today the former brownfield is now productive hous- ing and commercial space. Central Penn Business Journal, July 20, 2001 14 Developers As private developers become more familiar and comfortable working with brownfields— and adept at seeing the potential for profit in land reuse—they increasingly are seeking opportunities to turn blighted land into profitable investment. Private developers involved in brownfields Lange from remediation specialists who clean up land for resale to a builder or entrepreneur, to business owners who need additional land, to development companies that remediate, build and manage the completed projects. The brownfields development process often involves partnerships between private actors and public or nonprofit entities. These partnerships perform critical functions, such as ameliorating liability concerns, build- ing public support, sharing costs of remediation and other financial risks. Without these partnerships, private, profit-making entities would not assume the risk that many brown - fields entail—and the public sector does not have the finances or capacity to address many brownfields by itself—so many sites would continue to lay contaminated and unproductive. This year's media coverage of brownfields included developer information on 249 sites, 58 percent of sites discussed in this review. A wide range of entities were involved in develop- ing brownfield sites, including private developers, city and county governments, nonprofit organizations, redevelopment agencies, and former and future site owners. As in both 2000 and 2001, private development companies were the largest proportion of developers cited -64 percent in 2002, 62 percent in 2001 and 78 percent in 2000. City gov- ernments were the next most frequently identified developers. Cities were the sole developer or developer in ;partnership with other governments or private companies for 34 sites (14 percent). County governments developed five sites alone or in partnership; redevelopment agen- cies 36 sites; nonprof- `c��o` c`P�" �a0 oQFZ' �� t`iee Cyt O O its nine sites; future business owners foursites; and former owners two sites. Since most smaller sites are redeveloped by business ,owners, their projects are likely underrepre- sented in media coverage which favors large, high -visibility projects. It is logical that cities are well represented', as developers, as they have the most to lose from contaminated, underutilized land languishing on the tax rolls. Brownfields redevelop- ment not only can help improve the supply of land in a tight real estate market, but also can provide economic development benefits in increased jobs and tax revenues, higher quality of life and greater housing choices. Development Costs and Financing The articles provide varying levels of information about development costs. Of the 428 sites, cost breakdowns were presented for 194 projects. This is a slight percentage decrease from the number of articles that gave cost information in 2001. Some articles in 2002 give detailed figures for each phase of development, but many grouped purchase, cleanup, and new development into a lump sum, or grouped various phases together for reporting. Additional details on cost reporting are in Table 6. TiYh/d-%�I11e/•�ar�wrFirW ._. _. ;;.,:t 15 f'hR 1 ` k'txi" ��' Land/Building ,fig > �f Purchase 40 ��Ii � :, „^� t M° Cleanup f (includingdemolition 65 1 $ 2,34 $ 36 New Construction/ Renovation 17 $ 11,549J"....' $ 91 Purchase and i Cleanup 1 $ 5,300 $ 5,300 Purchase, Cleanup and New Construction 67 $ 8,540 $ 127 *Cost information not broken into the categories mentioned al"L was provided for four additional sites. I 15 Enhanced Business and Developer; Comfort with Brownfields Redevelopment Understandably, the term brownfields conveys a certain stigma to a piece of prop- erty. Toxins, high remediation costs and potential liability combine to form a package many developers would rather not touch, especially when clean, green land is avail- able instead. Underfunded public programs and the inherently risky nature of real estate redevelopment also hurt prospects for the redevelopment of many sites. i This year's report confirms the findings of the past two media reviews: developers and businesses are becoming increasingly comfortable working with brownfields and seeing them as profitable opportunities. Over the past 10 years, brownfields redevel- opment has become a major real estate trend. Last year's review found that brown - fields redevelopment took place on a land area greater than the city of Philadelphia. For the sake of comparison, this year's review found that a land area greater than the city of Chicago was being returned to productive economic use. Like last year, many articles in the 2002 review began with a discussion of what brownfields are and what it takes to get them cleaned up and redeveloped, indicating a lack of understanding of the issue among the general public. While knowledge of land recycling and infill development appears to be growing, it may be some time before the term brownfields can be used without explanation. But the fact that so many brownfields projects are covered by the media, and some in increasingly technical detail, would seem to indicate both elevated activity and interest in land cleanup and redevelopment. Increasing interest in brownfields may be stimulated by concerns over suburban sprawl, which were mentioned in a number of this year's articles. Evidence for Heightened Comfort Lever The public's concerns about risks involved in redeveloped brownfields sites, mainly health and safety, in many cases, have been eased by the success of redevelopment projects in their communities. Community input on how a brownfields would be reused has contributed to this success. Companies:;"Your pf$lems mperpetuity" become our problems iRN n perpetuity"_ TRC entered into an agrees mentvrnth American Brass and Kenosha todemoiish all the buildings and clan up al(`rrbptam�-� #,z nation regardless of whether�environ mental problems are'discovered today`or" 25 years from now' for fixed pric6'a., , $10.1 million. This shifts the financial risk of possible long-term deanup away from owners and developers onto a willing third - party that has developed expertise on major environmental remediation projects. This also means that redevelopment can begin quickly, rather than waiting years for a cleanup study to be complete. Building demolition has begun and new site plans for American Brass are under wa y' Heightened comfort levels can be illustrated by the array of end uses developed on i brownfields sites. More and more former industrial sites are being transformed into mixed- use developments, rather than new industrial uses. Large military sites are being returned 9 lz;) 24 O to use as mixed commercial developments and parks, landfill sites are being reused as O golf courses, and smaller sites have been turned into residences. Indeed, as the prac- tice of tailoring remediation plans to future use has grown, it would appear that both developers and the general public are comfortable with the fact that a future commer- cial site may not need to be cleaned to the standard that would be applied to a housing O development. Local Communities and Brownfields Redevelopment o Community opinion in this year's Media Review was decidedly positive. Of 81 sites that includedsome information about community opinion, 70 sites mentioned positive community support. The articles showed that in these cases, brownfields redevelopment is seen as a benefit for the entire community—economically, socially, and environmentally. More specifically, benefits cited include: • Improved community safety. Many abandoned sites attract elements that are detrimental to the community. Besides being eyesores, many attracted trash dumping, vandalism and crime. By redeveloping these sites, the community has effectively weeded out these elements. • Improved health. Some sites, such as abandoned landfills or Superfund sites, can directly or indirectly affect community health. Cleaning up these sites improves water quality, removes potentially cancerous agents and makes them safe for children. •creased property values!Redevelopment can help remove the stigma or perception that a neighborhood is polluted, dangerous and declining. Replacing an abandoned site with one that provides benefits to the community helps increase property values. • Increased employment opportunities. Seventy percent of future uses discussed in the 2002 Media Review have an employment component. The positive effect that redevelopment has on a community often attracts more new businesses, creating jobs for members of the community. • Reduced sprawl. The 1990s saw the return of many young professionals to cities where they had the option of walking from their homes to work, recreation and cultural opportunities. They are looking for vital areas and shortened commutes, both of which are aided by brownfields redevelopment. In -town neighborhoods are revitalized and air pollution is decreased by fewer vehicle miles traveled. i i Of all benefits cited, residents were most leased that a redeveloped site would be envi- ronmentally sound. They also expressed a great deal of pride and commitment to their neighborhoods and felt that job creation and access to recreation opportunities were key tc keeping their communities vital. Suddenly, eyesores were viewed through a completely new lens as exciting opportunities, particularly in areas where developable land was limited and there appeared to be no place to add the jobs or amenities they desired. There were, however, cases where the community was uneasy about brownfield redevel- opment projects. Concerns typically cited in; • Size of development. In several cases, (residents were concerned that proposed projects were too large and would create traffic problems, be an eyesore, or change the character of the community. • Gentrification. Brownfield sites that involved housing often had higher rents than the surrounding neighborhood. While this could improve property values of surrounding residents, some were concerned that long-time residents would be displaced by increased housing costs and property taxes. Many saw the history and diversity of the area at stake. • Health and safety hazards. Increased air pollution was cited as a concern in several cases. Fears exist that the cleanup process could release contaminants into the air, or certain cleanup techniques would be insufficient to remove or contain contaminants. Residents also voiced concerns about noise and disruption from construction, and that new traffic would harm air quality. • Level of public funding. In some cases; residents were uneasy with the amount of public money that was used to fund the development and attract developers and businesses. They felt that the money wewd have been better used for other public services, that the project was too expenive for the benefits gained, or feared that costs were understated and that they would b, stuck with the remainder of the bill. redevelbpedsire" would be environmentally sound. CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable ayor and Me ers oMe City Cgffimission t FROM: Joe Arriola Ci}y Manager DATE: FEB 2 0 2003 FILE: SUBJECT Civic Center Redevelopment Project - Accept BEDI Grant, Approve Purchase & Sale Agreement, Authorize 108 Loan Application, Pledge of REFERENCO it'' and Amendment to Consolidated Plan ENCLOsuREResolution, Grant Agreement, Purchase & Sale Agreement, Loan Application RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached Resolution pertaining to the redevelopment of the City -owned property known as the Civic Center site, located at 1700 NW 14th Avenue, the "Property". The specific actions requested are: 1. Accepting a grant in the amount of $1,000,000 for environmental remediation of the property from the U.S. Department of Housing and Urban Development ("HUD") under its Brownfield Economic Development Initiative (`BEDI") grant program, as shown in the attached sample agreement; 2. Approving the City's sale of the property to Wagner Square, LLC (the "Developer") and the mixed-use development of the Property by the Developer, as a condition of the sale, specifically to create affordable and mixed -income home -ownership residences with ancillary retail, commercial and office space (the "Project"), as detailed in the attached Purchase and Sale Agreement; 3. Authorizing the City's application to HUD for Section 108 Loan Guarantee Assistance in the amount of $4,000,000 for the Project and pledging future Community Development block grant funds as the required security; 4. Approving a proposed amendment to the City's current five-year Consolidated Plan to incorporate this Project and related public comment; 5. Authorizing the City Manager to execute the necessary documents, in substantially the attached form and/or in a form acceptable to the City Attorney, as applicable, to provide for the purchase and sale of the property, the acceptance of the BEDI grant and the application for the Section 108 Loan Guarantee. BACKGROUND The attached legislation was prepared by the Department of Economic Development. By Resolution 02-782 adopted July 9, 2002, the City committed to make a joint application with Wagner Square, LLC for a $1,000,000 grant under the BEDI program of HUD. The objective is to facilitate the development of a mixed used project at the 2.95—acre City -owned property known as the "Civic Center" (the "Property"), located at 1700 NW 14th Avenue, Miami, Florida. The Developer had been identified through a competitive process and the Project will have a mixed income residential component with both home -ownership and affordable housing, as well as retail, commercial and office use components. Under the BEDI program, applicants must make application for Section 108 Loan Guarantee Assistance, as was also approved, in principle, by the prior resolution of the City Commission. 03- 200 In November 2002, HUD notified the City of its intention to award the requested BEDI grant, subject to its approval of a new, related loan guarantee for the City under Section 108 of the Housing and Community Development Act of 1976. A sample BEDI grant agreement is attached. With the Department of Community Development, we have determined that sufficient program income capacity is available to support a $4 million Section 108 Loan, with future Community Development block grant funds as the required pledge of security. HUD recently extended the City's deadline for the loan application to March 1, 2003. The project and the HUD loan application were reviewed and approved by the City's Housing and Commercial Loan Committee on February 18, 2003. The City Administration and Developer worked diligently to negotiate and have agreed to the terms detailed in the attached Purchase and Sale Agreement. Among its detailed terms and conditions, this document includes provision for the City to convey to the Developer two (2) additional adjacent parcels of land, on condition that the City is able to successfully conclude the purchase of these additional parcels. The 2 sites in combination amount to roughly 17,140 square feet, thus enlarging the Project size to 3.34 acres and its viability significantly. The City administration will return to the City Commission at a later date for approval to acquire these adjacent parcels. Additionally, an amendment to the City's current 5 -year Consolidated Plan is necessary to incorporate this Project, as well as public comment that we receive on the subject. Today's hearing, and the call for public comments, was duly advertised as required. Lastly, HUD further requires the City and the Developer to execute all documents necessary to effectuate the purchase, sale, and development of the Property. FISCAL IMPACT This project will ultimately have a positive impact on the City's budget in the long term as it will bring in nearly $305,000 in additional annual property tax revenues based on the Developer's investment figures and calculated land value. In the short term, the City's specialized borrowing capacity from future Community Development block grant allocations will be curtailed by the security pledged annually. Attachments: • Resolution • Sample BEDI Grant Agreement • Purchase & Sale Agreement • Section 108 Loan Application JA/LMM4* 410! NOTICE CONTINUATION OF PUBLIC HEARING AND REQUEST FOR COMMENT REGARDING THE DEVELOPMENT OF A CITY PROPERTY KNOWN AS THE "CIVIC CENTER SITE" 1700 NW 14T" AVENUE, MIAMI, FLORIDA "R OF OUR wm The Miami City Commission requests public comment and will continue to hold a Public Hearing on February 27, 2003 to discuss the development of the 2.95 -acre City -owned property located at 1700 NW 14th Avenue, Miami, Florida, known as the "Civic Center" site (the "Property"), as follows: ■ Consideration of the sale of the Property to Wagner Square, LLC (the "Developer"); and its proposed redevelopment, by the Developer as a condition of such sale, as a mixed-use development, specifically for the purpose of creating affordable and mixed -income home -ownership residences, with ancillary retail and office space (the "Project"); • Proposed acceptance of a grant in the amount of $1,000,000 for environmental remediation in connection with the Project from the U.S. Department of Housing and Urban Development ("HUD") under its Brownfield Economic Development Initiative grant program; Proposed application by the City to HUD for a Section 108 Loan Guaranty Assistance in the amount of $4,000,000 for the Project and a pledge of future Community Development block grant funds for this purpose; and Proposed amendment to the City's current 5 -year Consolidated Plan to provide for this Project as an activity to be completed under the scope of said Plan. The Public Hearing will be held in conjunction with the regularly scheduled City Commission meeting of February 27, 2003 at: MANUEL ARTIME CENTER 900 SW First Street Miami, Florida All interested individuals are invited and encouraged to attend this hearing. The meeting will be accessible to the physically impaired. Furthermore, any individual wishing to comment on the proposed activities may do so at the Public Hearing, or may comment in writing through February 27, 2003 addressed to: City of Miami Department of Economic Development, attention: Bob Schwarzreich, 444 SW 2nd Avenue, 3T Floor, Miami, Florida 33130. (AD No. 03850) 03- 200