HomeMy WebLinkAboutR-97-0558J-97-584
8/6/97
RESOLUTION NO. 9 7 - 558
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE
SALE TO THE CITY OF MIAMI SPRINGS OF CITY -
OWNED REAL PROPERTY, WITH IMPROVEMENTS,
CONSISTING OF APPROXIMATELY 182.27 ACRES, AND
MORE COMMONLY KNOWN AS THE MIAMI SPRINGS GOLF
COURSE, LOCATED AT 650 CURTISS PARKWAY, MIAMI
SPRINGS, FLORIDA, AT A SALE PRICE OF THREE
MILLION DOLLARS ($3,000,000), AND SUBJECT TO
CERTAIN DEED RESTRICTION PROVIDING FOR CITY
APPROVAL IN THE EVENT THAT THE PROPERTY IS
UTILIZED FOR PURPOSES OTHER THAN
RECREATIONAL; MAKING FINDING OF FACT THAT THE
SALE TO THE CITY OF MIAMI SPRINGS, A
GOVERNMENTAL ENTITY, IS EXEMPT FROM THE
PROVISIONS OF SECTION 29-B OF THE CHARTER OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH
REQUIRES THE APPROVAL OF THE ELECTORATE WHEN
LESS THAN THREE PROPOSALS ARE RECEIVED IN
RESPONSE TO A SOLICITATION; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT ("AGREEMENT"),. IN
SUBSTANTIALLY THE ATTACHED FORM, AND TO
CONSUMMATE SUCH TRANSACTION IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF SAID
AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE
CITY MANAGER AS MAY BE NECESSARY IN ORDER TO
EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER.
WHEREAS, on March 20, 1997, the City Commission adopted
Resolution No. 97-178 which authorized the City Manager to sell
City -owned real property, with "improvements, consisting of
approximately 182.27 acres, and more commonly.known as the Miami
Springs Golf Course, located at .,650 Curtiss Parkway, Miami
Springs, Florida; and
C%TY" COM USSI011
MEETING or
AUG 0 6 1997
Resolution No.
97- 558
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WHEREAS, Invitations to Bid were mailed to two hundred
fifty-six (256) potential bidders and one (1) bid was received;
and
WHEREAS, pursuant to public notice, the sealed bid was
received for the sale of said property on July 28, 1997;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The sale to the City of Miami Springs of
City -owned real property, with improvements, consisting of
approximately 182.27 acres, and more commonly known as The Miami
Springs Golf Course, located at 650 Curtiss Parkway, Miami
Springs, Florida (the "Property"), is hereby approved at a sale
price of Three Million Dollars ($3,000,000), subject to a deed
restriction whereby the City of Miami Springs, for itself and its
successors and assigns, shall agree and covenant not to utilize
the Property or any portion thereof for anything other than
public park, golf course, golf school, or other recreational
training or storage facilities or attendant concession services,
unless prior approval is granted by the Commission of the City of
Miami, which approval may be withheld at the sole discretion of
the.Commission of the City of Miami, or.conditioned upon receipt
by the Seller of fifty percent (50%) of the sale or lease
proceeds.
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Section 3. The finding of fact is hereby made that said
sale to the City of Miami Springs, a governmental entity, is
exempt from the provisions of Section 29-B of the Charter of the
City of Miami, Florida, as amended, which requires the approval
of the electorate when less than three proposals are received in
response to a solicitation.
Section 4. The City Manager is hereby authorized to
execute a Purchase and Sale Agreement, in substantially the
attached form, with the City of Miami Springs and to consummate
such transaction in accordance with the terms and conditions of
said Agreement, which terms may be amended by the City Manager as
may be necessary in order to effect such sale in an expeditious
manner.
Section 5. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 6th day of August 1997.
ATTEST:
WALTER J.LZ99MAN, CITY CLERK
PREPARED AND APPROVED BY;
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
W1812:JOB:BSS
APPROVED AS TO FORM AND
CORRECTNESS:
97- 558
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made and
entered into this day of , 1997, (the "Effective Date") by and between
the City of Miami, a municipal corporation of the State of Florida, with offices
at 3500 Pan American Drive, Miami, Florida 33133 (the "Seller"), and the City of
Miami Springs, a municipal corporation of the State of Florida, with offices at
201 Westward Drive, Miami Springs, Florida, (the "Purchaser").
WHEREAS, the City of Miami has offered to sell and the'City of Miami Springs
has offered to purchase certain real property located in the City of Miami Springs
(hereinafter referred to as the "Property" and more particularly described in Section 1 of
this Agreement and in Exhibit "A"); and
WHEREAS, on August 6, 1997, the City Commission of the City of Miami passed
and adopted Resolution No. 97-558, attached hereto as Exhibit `B" and made a part
hereof, authorizing the sale of the Property and execution of the "Agreement"; and
WHEREAS, on the City Council of Miami Springs passed
and adopted Resolution No. attached hereto as Exhibit "C" and made a part
hereof, approving the acquisition of the Property.
THEREFORE, in consideration of the terms, covenants, and conditions of this
Agreement, the Seller shall sell and Purchaser shall buy the Property upon the
following terms and conditions:
1. DESCRIPTION OF PROPERTY
A. Legal Description
See Exhibit "A" attached hereto and made a part hereof.
B. Street Address
650 Curtiss Parkway
Miami Springs, Florida
C. Improvements
+ 15,100 s.f. one-story CBS clubhouse facility
Steel framed storage building which is used for golf cart storage.
+ 1,224 s.f. storage garage
+ 3,858 s.f. maintenance shop
+ 1,250 s.f. rest shelters
D. Personal Property
See Exhibit "D" attached hereto and made a part hereof.
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2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept for the Property the
sum of THREE MILLION DOLLARS ($3,000,000) (the "Purchase Price"): The
Purchase Price shall be payable as follows:
A. Deposit.
(1) Upon the execution of this Agreement by the Seller, the Seller
shall deliver to Michael A. Berke, Esq., (the "Escrow Agent") FIFTEEN
THOUSAND DOLLARS ($15,000), which the Seller has received from the
Purchaser as a "Bid Deposit".
(2) Within seven (7) days of the Effective Date, the Purchaser shall
pay to the Escrow Agent TWO HUNDRED AND EIGHTY-FIVE THOUSAND
($285,000) (the Bid Deposit and this additional sum will represent 10% of the
Purchase Price and is hereinafter referred to as the "Deposit").
(3) The Deposits received hereunder by the Escrow Agent shall be
placed in an interest bearing account. Until this transaction is closed, the
interest earned on the Deposit shall belong to Purchaser.
(4) At Closing (as hereinafter defined) the Deposit, and. all interest
earned on the Deposit shall be delivered by the Escrow Agent to the Seller and
credited against the Purchase Price.
B. Closing Payment.
At Closing, the Deposit plus the balance of the Purchase Price, TWO
MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000) (increased
or decreased by adjustments, credits, prorations, and expenses as set forth in
Section 10 or any other provision of this Agreement) shall be paid by the
Purchaser to the Seller in the form of cashier's check, certified check or wire
transfer.
3.. ENVIRONMENTAL MATTERS
A. Definitions.
For purposes of this Agreement:
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
sue.) ("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 seg. ; (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)
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asbestos and asbestos containing materials, in any form, whether friable or non -
friable; (F) polychlorinated biphenyls; (G) radon gas; and (H) any additional
substances or material which: (i) is now or hereafter classified or considered to
be hazardous or toxic under Environmental Requirements; (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 persons on the Property or
adjacent property; or (iii) would constitute a trespass if it emanated or migrated
from the Property.
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 states, the counties, the cities, or any other political subdivision,
agency or instrumentality exercising jurisdiction over the Seller or the
Purchaser, the Property, or the use of the Property, relating pollution, the
protection or regulation of human health, natural resources, or the environment,
or the emission, discharge, release or threatened release of pollutants,
contaminants, chemicals, or industrial, toxic or hazardous substances or waste
or Hazardous Materials into the environment (including, without limitation,
ambient air, surface water, groundwater, land or soil).
B. Disclaimer As To Environmental Matters.
Purchaser acknowledges and agrees that Seller has not made, does not make
and specifically negates and disclaims any representations, warranties (other
than the limited warranty of title as set out in the special warranty deed),
promises, covenants, agreements or guaranties of any kind or character
whatsoever, whether express or implied, oral or written, (past, present, 'or
future) of, as to, concerning or with respect to environmental matters with
reference to the Property, including, but not limited to: (A) the value, nature,
quality or condition of the Property, including, without limitation, the water, soil
and geology, (B) the compliance of or by the Property, or its operation with any
Environmental Requirements, (C) any representations regarding compliance
with any environmental protection, pollution or land use, zoning or development
of regional impact laws, rules, regulations, orders or requirements, including the
existence in or on the Property of Hazardous Materials.
Purchaser further acknowledges and agrees that it is being given the
opportunity to inspect the Property, and all relevant documents and records of
the Seller as they relate to the Property, including the AB2MT Phase I Report,,.
attached hereto and made a part hereof as Exhibit "E", and other documents
that may exist in the public records of the state, county and/or city relating to
the environmental condition of the Property as part of this Agreement and that
Purchaser is not relying solely upon any documents or representations made by
or on behalf of Seller, but that Purchaser is responsible to conduct its own
investigation of the Property.
Purchaser further acknowledges and agrees that any information provided or to
be provided with respect to the Property was obtained from a variety of sources
and that Seller has not made any independent investigation or verification of
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such information and makes no representations as to the accuracy or
completeness of such information. Seller is not liable or bound in any matter by
any verbal or written statements, representations or information pertaining to
the Property, or the operation thereof, furnished by any agent, employee, servant
or other person.,
C. Inspection Period.
Purchaser and its agents and consultants shall have a period of twenty-five (25)
days from the Effective Date (the "Investigation Period") in which to undertake
at Purchaser's expense, such physical inspections and other investigations of
and concerning the Property including surveys, soil borings, percolation,
engineering studies, environmental tests and studies and other tests as
Purchaser considers necessary for Purchaser and his consultants to review and
evaluate the physical characteristics of the Property and to perform certain work
or inspections in connection with such evaluation. For that purpose, Seller
hereby grants to Purchaser and its consultants and agents or assigns, full right
of entry upon the Property during the Inspection Period through the closing
date.
D. Inspection Indemnity.
Notwithstanding anything contained in this Agreement to the contrary, as
consideration for the Seller granting a continuing right of entry, the Purchaser
hereby specifically agrees to: (i) immediately pay or cause to be removed any
liens filed against the Property as a result of any actions taken by or on behalf of
Purchaser in connection with the inspection of the Property; (ii) immediately
repair and restore the Property to its condition existing immediately prior to the
Inspection Period; and (iii) indemnify, defend and hold Seller harmless from and
against all claims, damages or losses incurred to the Property, or anyone on the
Property as a result of the actions taken by the Purchaser, any of its employees,
agents, representatives or contractors, in connection with the inspection of the
Property, or any persons performing inspection activities or other activities on
its behalf.
E. Remedies/Right of Termination.
If Purchaser discovers, during the Investigation Period, the presence of
Hazardous Materials on the Property in levels or concentrations which exceed
the standards set forth by DERM, the State or the Federal Government, prior to,
the end of the Inspection Period, Purchaser shall notify Seller in writing and
deliver to Seller copies of all written reports concerning such Hazardous
Materials (the "Environmental Notice"). The Purchaser and Seller shall have
seven (7) business days from the date the Seller receives the Environmental
Notice to negotiate a mutually agreeable remediation protocol. 'In the event the
Purchaser and Seller are unable to reach agreement with respect thereto within
the seven (7) business day period provided herein, the parties shall have the
option within two (2) calendar days of the expiration of the seven (7) business
day period to cancel this Agreement by written notice to the other party
whereupon (i) all property data and all studies, analysis, reports and plans
respecting the Property delivered by Seller to Purchaser or prepared by or on
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behalf of the Purchaser shall be delivered by Purchaser to the Seller; and then
(ii) except as otherwise hereafter provided in this Paragraph, the parties shall
thereupon be relieved of any and all further responsibility hereunder and
neither party shall have any further obligation on behalf of the other; and (iii)
Purchaser shall be refunded the Deposit and all interest earned.
F. Waiver and Release.
In the event that Purchaser does not elect to cancel this Agreement, Purchaser
acknowledges and agrees that to the maximum extent permitted by law, the sale
of the Property as provided for herein is made on an "AS IS" condition and basis
with all faults. Purchaser on behalf of itself and its successors and assigns
thereafter waives, releases, acquits, and forever discharges Seller, its heirs, and
the successors and assigns of any of the preceding, of and from any and all
claims, actions, causes of action, demands, rights, damages, costs, expenses or
compensation whatsoever, direct or ,indirect, known or unknown, foreseen or
unforeseen, which Purchaser or any of its successors or assigns now has or which
may arise in the future on account or in any way related to or in connection with
any past, present, or future physical characteristic or condition of the Property
including, without limitation, any Hazardous Materials in, at, on, under or
related to the Property, or any violation or potential violation or any
Environmental Requirement applicable thereto. In addition, Purchaser
thereafter specifically waives all current and future claims and causes of action
against Seller arising under CERCLA, RCRA, Chapters 376 and 402, Florida
Statutes, and any other federal or state law or county regulation relating to
Hazardous Materials in, on, or under the Property. Notwithstanding anything
to the contrary set forth herein, this release shall survive the Closing or
termination of this Agreement.
4. TITLE EVIDENCE
Purchaser, at its sole cost and expense; shall be responsible for obtaining all title
documents which Purchaser requires in order to ascertain the status of title.
Purchaser agrees to forward a copy of the aforementioned title documents to
Seller immediately upon Purchaser's receipt thereof.
Purchaser, at Purchaser's expense, within the time allowed to examine evidence
of title, may have the Property surveyed and certified by a registered Florida
surveyor. If the survey discloses encroachments on the Property or that the
improvements located thereon encroach on setback lines, easements, lands of,
others or violate restrictions, or applicable governmental regulation, the same
shall constitute a Title Defect as hereinafter defined and shall be treated in the
same manner as a Title Defect as set forth herein.
Seller has no obligation to, but to the extent Seller has evidence of title,
including abstracts, prior title policies and title reports, Seller shall provide
copies of same to Purchaser, within five (5) calendar days of the Effective Date,
to assist in Purchaser's title examination.and obtaining title insurance.
97- 558
In the event the Purchaser's examination of title or survey, which examination
and survey shall be completed within twenty-one (21) days of the Effective Date,
establishes that Seller's title is unmarketable and/or uninsurable (the "Title
Defect"), the Purchaser shall have the following options:
(1) Allow the Seller thirty (30) calendar days within which to cure the
Title Defect, and if the Purchaser chooses this option the Seller agrees to use
reasonable diligence in curing said defects, however, Seller shall not be required
to bring any action or to incur any expense to cure any Title Defect.
(2) If Seller shall be unable to convey title to the Property according
to provisions of this Agreement, Purchaser may nevertheless elect to accept such
title that Seller may be able to convey with no reduction in Purchase Price.
(3) Purchaser may terminate this Agreement and the sole liability of
Seller shall be to refund the Deposit and all interest earned thereon to
Purchaser. Upon such refund, this Agreement shall be null and void and the
parties hereto shall be relieved of all further obligation and liability, and neither
party shall have any further claims against the other, except as to Purchaser's
liability, if any, arising out the Environmental Inspection Indemnity. In
addition to the documents set forth 'in paragraph 3(E), in the event of
cancellation, copies of all abstracts of title and surveys respecting the Property
delivered by Seller to Purchaser or prepared by or on behalf of Purchaser shall
be delivered by Purchaser to Seller.
5. DISCLAIMER OF WARRANTIES AS TO PROPERTY;
"AS IS" CONVEYANCE.
A. Except as otherwise previously provided in paragraphs 3 and 4 of
this Agreement, Purchaser is purchasing the Property in an "AS IS" condition
and specifically and expressly without any warranties, representations or
guaranties, either express or implied, of any kind, nature or type whatsoever
from or on behalf of Seller. Without in any way limiting the generality of the
immediately preceding, and in addition to the specific disclaimers set forth in
Section 3 of this Agreement with respect to Environmental Matters, Purchaser
and Seller further acknowledge and agree that in entering into this Agreement
and purchasing the Property:
(1) Purchaser hereby acknowledges that Seller has not made, will not
and does not make any warranties or representations, whether express or;
implied, with respect to the Property, its condition, the value, profitability, or
marketability thereof;
(2) Purchaser acknowledges that with respect to the Property, Seller
has not and will not make any warranties, whether express or implied, of
merchantability, habitability or fitness for a particular use or suitability of the
Property for any and all activities and uses which Purchaser may conduct
thereon;
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(3) Purchaser acknowledges that Purchaser has made and/or shall be
given an adequate opportunity to make such legal, factual and other inquiries
and investigations as Purchaser deems necessary, desirable or appropriate with
respect to the Property, the value or marketability thereof and of the
appurtenances thereto. Such inquiries and investigations of Purchaser shall be
deemed to include, but shall not be limited to, the condition of all portions of the
Property and such state of facts as an accurate abstract of title and survey would
show;
(4) Purchaser acknowledges that Purchaser has not relied, and is not
relying, upon any information, document, projection, pro£orma, statement,
representation, guaranty or warranty (whether express or implied, or oral or
written or material or immaterial) that may have been given by or made by or on
behalf of Seller.
(5) Notwithstanding, the foregoing Seller warrants that there are no
facts known to Seller that would materially affect the value of the Property
which are not readily observable by the Purchaser or which have not been
disclosed to the Purchaser.
(6) To the best of Seller's knowledge, as of the Effective Date there
are no pending lawsuits or claims with respect to the Property.
B. The provisions of this paragraph shall survive the closing.
6. RESTRICTIONS. EASEMENTS AND LIMITATIONS
The Purchaser further agrees it -.shall take title subject to: zoning, restrictions,
prohibitions, and other requirements imposed by governmental authority;
restrictions and matters appearing on the public records and public utility
- easements of record, as well as the specific restriction set forth in Section 7 of
this Agreement.
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7. DEED RESTRICTION
The conveyance and title to the Property shall be subject to a restriction whereby
the Purchaser, for itself and its successors and assigns, shall agree and covenant
not to utilize the Property or any portion thereof for, anything other than public
park, golf course, golf school, or other recreational training, or storage facilities or
attendant concession services, or other governmental use owned, operated and
occupied exclusively by Purchaser, unless prior approval is granted by the City
of Miami Commission, which approval may be withheld at the sole discretion of
the City of Miami Commission, and conditioned upon receipt by the Seller of:
(1) In the event of a sale of all or a portion of the Property by the City of Miami
Springs:
(a) Sale of Entire Property. The Seller shall receive fifty percent (50%)
of all sale proceeds received by the City of Miami Springs, its
successors or assigns, which proceeds shall be computed following the
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deduction therefrom of all purchase and acquisition costs previously
incurred by the City of Miami Springs, and all costs incurred by the
City of Miami Springs in the renovation, development, marketing and
subsequent sale of the Property to a willing third party purchaser.
(b) Sale of a Portion of the Property. The Seller shall, receive fifty
percent (50%) of all sale proceeds received by the City of Miami
Springs, its successors or assigns, which proceeds shall be computed
following the deduction therefrom of an appropriate proportionate
amount of all purchase and acquisition costs previously incurred by
the City of Miami Springs, and a proportionate amount of all costs
incurred by the City of Miami Springs in the renovation,
development, marketing and subsequent sale of the Property, to a
willing third party purchaser.
(2) In the event of the lease of all or a portion of the Property by the City of
Miami Springs:
(a) Lease of Entire Property. The Seller shall receive fifty percent (50%)
of all lease payments received by the City of Miami Springs, its
successors or assigns, which lease payments shall be computed
following the deduction therefrom of an appropriate proportionate
amount of all purchase and acquisition costs previously incurred by
the City of Miami Springs, and an appropriate proportionate amount
of all costs incurred by the City of Miami Springs in the renovation,
development, marketing and subsequent leasing of the Property to a
willing third party lessee.
(b) Lease of a Portion of the Property. The Seller shall receive fifty
percent (50%) of all lease payments received by the City of Miami
Springs, its successors or assigns, which proceeds shall be computed
following the deduction therefrom of an appropriate proportionate
amount of all purchase and acquisition costs previously incurred by
the City of Miami Springs, and an appropriate proportionate amount
of all costs incurred by the City of Miami Springs in the renovation,
development, marketing and subsequent leasing of the Property to a
willing third party lessee.
(3) The parties acknowledge and agree that any subsequent sale or lease of the
Property, or portion thereof, by the City of Miami Springs shall be negotiated;-
and consummated on an "arms length basis", and that the City of Miami
Springs shall provide no special or creative financing or concessions without
the specific written approval of the City of Miami.
This Deed Restriction shall constitute a covenant that shall run with the land
and shall be binding for the benefit of the City and Miami and shall be
enforceable against the City of Miami Springs, its successors or assigns.
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8. CLOSING DATE
The delivery of the .deed, documents, money and other acts necessary to
accomplish the transaction provided for in this Agreement (the "Closing"), shall
take place forty-five (45) calendar days after the Effective Date, or within a
reasonable time thereafter, at a mutually agreeable time at the Department of
Planning and Development, Asset Management Division located at 444 SW 2
Avenue, Suite 325, Miami, Florida. Notwithstanding the foregoing, in the event
the Seller elects to satisfy any title objections pursuant to the terms of Section 4
hereof, then Seller shall have the right to extend the Closing date set forth
herein.
9. CLOSING DOCUMENTS
A) At Closing, Seller shall execute and/or deliver to Purchaser the following:
(1) Special Warranty Deed subject to conditions, restrictions, easements and
limitations of record and the covenant set forth in paragraph 7 of this
Agreement.
(2) A Closing Statement.
(3) A Seller's Affidavit and a Non -Foreign Affidavit.
(4) Such documents as are necessary to fully authorize the sale of the
Property by Seller and the execution of all closing documents; and
(5) Any other documents reasonably necessary or advisable to consummate
the transaction contemplated hereby.
(6) Bill of Sale for personal property.
B) Purchaser's Closing Documents: At Closing, Purchaser shall execute
and/or deliver to Seller the following:
(1) Closing Statement;
(2) Such documents as are necessary to fully authorize the purchase of the
Property by Purchaser and the execution of all closing documents;
(3) Any other documents reasonably necessary or advisable to consummate
the transaction contemplated hereby; and
(4) Purchaser shall pay to Seller the balance of the Purchase Price as
provided for in Section 2 hereof.
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10. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed by
or between Seller and Purchaser as follows:
A. Adjustments and Prorations
1) Real Estate Taxes: The Seller warrants that the Property is
exempt from taxes and accordingly there should be no taxes due
at Closing.
2) Certified/Pending Liens: Certified, confirmed and ratified
governmental liens as of the Closing Date shall be paid by Seller.
Pending liens as of the Closing Date shall be assumed by
Purchaser.
3) Other Taxes, Expenses, Interest, Etc: Taxes (other than real
property taxes), assessments, water and sewer charges, waste fee
and fire protection charges, if applicable, shall be prorated as of
the Closing Date.
4) Usual and Customary: Such other items that are usually
and customarily pro -rated between .purchasers and sellers of
properties in the area where the Property is located. All pro -
rations shall utilize the 365-day method.
B. Closing Costs
(1) Each party shall be responsible for its own attorney's fees
incurred in connection with the Closing.
(2) Purchaser shall pay all other closing and recording costs
incurred in connection with the sale and purchase of the Property
described in this Agreement, including, but not limited to:
(i) all inspection and environmental testing costs;
(ii) all recording charges, filing fees payable in connection with
the transfer of the Property hereunder;
(iii) TEN THOUSAND DOLLARS ($10,000) [the Seller's costs
incurred in connection with the public solicitation process related to the
sale of the Property];
(iv) NINETY THOUSAND DOLLARS ($90,000) [three percent
(3%) of the Purchase Price as a Buyer's Premium];
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(v) ONE THOUSAND NINE HUNDRED TWENTY DOLLARS
($1,920) [the cost of the Phase 1 Environmental Site Assessment and
Asbestos Survey of the Property];
11. DEFAULT
A) If Seller shall have failed to perform in any of the covenants and
agreements contained herein to be performed by Seller within the time
for performance as specified herein (including Seller's obligation to
consummate the transactions hereby), Purchaser shall be entitled to: (i)
elect to terminate this Agreement and receive the return of the Deposit
and all interest thereon; (ii) elect to waive any such conditions or defaults
and to consummate the transactions contemplated by this Agreement in
the same manner as if there had been no conditions or defaults and
without any reduction in the Purchase Price and without any further
claim against Seller; (iii) sue for specific performance.
However, notwithstanding anything contained herein to the contrary, in
no event shall Seller be liable to Purchaser for any actual, punitive,
incidental, speculative or consequential damages, costs or fees of any
nature whatsoever. The limitation on Seller's liability set forth herein
shall survive Closing.
B) If Purchaser shall have failed to perform any of the covenants and
agreements contained herein to be performed by Purchaser within the
time for performance as specified herein (including Purchaser's obligation
to consummate the transactions contemplated herein), Seller, as and for
its sole and exclusive remedy, shall retain the Deposit and all interest
earned thereon, as liquidated damages and not as a penalty for forfeiture,
actual damages being difficult or impossible to measure.
C) 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
calendar (10) days from and after delivery of such notice has expired with
the other party having failed. to cure the default or diligently pursued
remedy of the default.
12. RISK OF LOSS
The Seller shall continue to assume all risk of loss or damage to the Property by
fire or other casualty, or acts of God ("Casualty"), as of the Effective Date. Seller
warrants that it currently has All Risk property insurance on the Property plus
windstorm coverage as part of a blanket policy for several City of Miami owned
properties, which is underwritten by a pool of insurance companies. Under no
circumstances shall Seller be required to expend any funds nor perform any
work to repair any damage caused by any Casualty or to construct or reconstruct
any improvements on the Property.
m
9'7= 558
W]
14.
15.
16.
Notwithstanding the above, in the event of a Casualty, to the extent insurance
proceeds are available, the Seller may, but has no obligation, to repair the
Property to the condition it was prior to said damage occurring. In the event
Seller elects to repair the damage, the Closing may be extended by such
reasonable time period to permit Seller a reasonable time to perform the repair
work. In the event .Seller elects not to repair said damage, to the extent
insurance proceeds are actually received by Seller, said proceeds, less any
business interruption insurance and all costs and expenses including reasonable
attorney's fees incurred by Seller with respect to the collection thereof, shall be
paid to Purchaser at Closing or such later date if said proceeds are not actually
received by Seller prior to Closing.
EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last party to
this Agreement officially executes said Agreement. It is hereby acknowledged
that this Agreement must be executed by both parties by September 17, 1997.
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.
DESIGNATION OF REPRESENTATIVES
Purchaser and Seller acknowledge that proper communication between
Purchaser and Seller, and between Purchaser and any governmental authorities
having jurisdiction over environmental matters, is to be an important component
of the Purchaser's Environmental Inspection period and title examination.
Accordingly, to facilitate such communication, the Purchaser and Seller have
appointed the following persons on their respective behalves to be their
environmental and title representatives, to wit:
On behalf of Seller: On behalf of Purchaser:
Dena Bianchino
City of Miami
Asset Management Division
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone (305)416-1451
Fax (305)416-2156
NOTICES
Frank Spence, City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
Telephone (305)885-4581
Fax (305)887-8307
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if delivered
by personal service or by certified mail addressed to Seller and Purchaser at the
12
97- 558
9
address indicated herein. Such notice shall be deemed given on the day on
which personally served; or if by certified mail, on the fifth day after being
posted or the date of actual receipt, whichever is earlier:
Seller
Edward Marquez, City Manager
City of Miami
444 SW 2 Avenue, loth Floor
Miami, FL 33133
Copy To
Dena Bianchino
City of Miami
Asset Management Division
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
A. Quinn Jones, III
City Attorney
c/o Julie Ofelia Bru, ACA
444 SW 2 Avenue, Suite 945
Miami, FL 33130
17. CAPTIONS AND HEADINGS
Purchaser
Frank Spence, City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
Copy To
James R. Borgman
Assistant City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
Jan K. Seiden, Esq.
Assistant City Attorney
2250 SW 3 Avenue, 51h floor
Miami, Florida, 33129
The Section headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be considered in
interpreting this Agreement.
18. BINDING EFFECT
19.
20.
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest. Purchaser may assign or pledge this Agreement
only with the prior written consent of the ,City Manager which consent may be
withheld for any or no reason whatsoever.
GOVERNING LAW
This Agreement shall be governed according to the laws of the State of Florida
and venue shall be in Dade County, Florida.
COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original but all of which shall constitute one and the
same Agreement.
13
97= 558
21. ATTORNEY'S COSTS
If it shall be necessary for either party to this Contract to bring suit to enforce
any provisions hereof or for damages on account of any breach of this Contract,
the prevailing party on any issue in any such litigation and any appeals
therefrom shall be entitled to recover from the other party, in addition to any
damages or other relief granted as a result of such litigation, all costs and
expenses of such litigation and a reasonable attorneys' fee as fixed by the court.
22. WAIVERS
No waiver by either party of any failure or refusal to comply with its obligations
shall be deemed a waiver of any other or subsequent failure or refusal to comply.
All remedies, rights, undertaking, obligations and agreement contained herein
shall be cumulative and not mutually exclusive.
23. TENANCIES
Unless otherwise agreed, the Seller shall deliver actual possession of the
Property, free of all leases, tenancies or occupancies, except those agreed to by
Purchaser, and the Purchaser's obligation to pay any sums subsequently due
under this Agreement shall not arise until such possession is tendered.
24. PRE -PAID ANNUAL MEMBERSHIPS
Within seven (7) days of the Effective Date, the Seller shall furnish a list of golf
course members who have prepaid annual greens fees including the names,
addresses and expiration of said memberships. At Closing, Purchaser shall
receive a credit towards the Purchase Price for the unused portion of the prepaid
annual membership fees.
25. CONTRACTS
Seller believes that all equipment leases, contracts and service agreements are
on a month -to -month basis which may be canceled upon providing sufficient
notice. Within (7) days of the Effective Date the Seller shall furnish the
Purchaser with copies of all equipment leases, contracts and service agreements
which may be binding on the Property.
26. SURVIVAL OF REPRESENTATIONS/WARRANTIES
All relevant terms of this Agreement, where appropriate, shall survive the
Closing and be enforceable by the respective parties until such time as
extinguished by law.
27. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent necessary to render
same valid, or shall be excised from this Agreement, as circumstances require,
and this Agreement shall be construed as if said provision had been incorporated
14
9 7 - 5500
herein as so limited, or as if said provision had not been included herein, as the
case may be.
28. WAIVER OF TRIAL BY JURY
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY
JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER OR IN
CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT,
COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN)
OR ACTIONS OF ANY PARTY HERETO. THIS PROVISION IS A MATERIAL
INDUCEMENT FOR PURCHASER AND SELLER ENTERING INTO THIS
AGREEMENT.
29. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There are
no promises, agreements, undertakings, warranties or representations, oral or
written, express or implied, between the parties other than as herein set forth.
No amendment or modification of this Agreement shall be valid unless the same
is in writing and signed by the City Manager on behalf of the Seller and the
Purchaser.
1. 30. TIME OF THE ESSENCE
Time is of the essence of this Agreement and in the performance of all conditions
and .covenants to be performed or satisfied by either party hereto. Waiver of
performance or satisfaction of timely performance or satisfaction of any condition
or covenant by one party shall not be deemed to be a waiver of the performance
or satisfaction of any other condition or covenant unless specifically consented to
in writing. Whenever a date specified herein shall fall on a Saturday, Sunday or
legal holiday, the date shall be extended to the next succeeding business day.
31. AUTHORITY OF CITY MANAGER
The Resolution or Ordinance of the respective city commissions/city council of
the Seller and the Purchaser shall, in addition to approving the purchase
contemplated under this Agreement, shall empower the City Manager of the
Seller and the Purchaser to modify this Agreement in the event a modification to
this Agreement becomes necessary.
32. APPROVAL BY THE OVERSIGHT BOARD
The State of Florida has appointed an Emergency Financial Oversight Board
(the "Oversight Board") which is empowered to review and approve all pending
City of Miami contracts. As a result, contracts shall not be binding on the Seller
until such time as they have been approved by the Oversight Board. Execution
of this Agreement by the City of Miami City Manager shall constitute evidence
of approval by the Oversight Board.
15
97- 558
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
Signed, sealed and delivered in the presence of:
"SELLER"
Executed by CITY OF MIAMI, a municipal
corporation of the State of Florida
on:
By:
Edward Marquez, City Manager
ATTEST:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
A. QuinnJones !
, III
City Attorney
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
"PURCHASER"
Executed by CITY OF MIAMI SPRINGS, a
municipal corporation of the State of
Florida on:
By:
Frank Spence, City Manager
[0
S 7- 558
TO
FROM
4 9
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members DATE: August 4, 1997 FILE .
of City Co m fission
SUBJECT:
� . 9(� Sale of Miami Springs Golf
1 _ Course
Edward
City Ma
RECOMMENDATION:
REFERENCES: Special Commission Meeting of
August 6, 1997
ENCLOSURES:
The Administration recommends that the City Commission adopt the attached Resolution
approving the sale of the City -owned real property with improvements consisting of
approximately 182.27 acres, commonly known as the Miami Springs Golf Course. The City
of Miami Springs ("Purchaser") will purchase the golf course at a sale price of three million
dollars ($3,000,000). The sale to the City of Miami Springs, a governmental entity, is
exempt from the provisions of City Charter Section 29-B, as amended, which requires the
approval of the electorate when less than three proposals are received in response to a
solicitation. The City Manager is authorized to execute a purchase and sale agreement
("Agreement"), in substantially the attached form, and to consummate such transaction in
accordance with the terms and conditions of the Agreement, which terms may be amended
by the City Manager as may be necessary in order to effect such sale in an expeditious
manner.
BACKGROUND:
The Department of Planning and Development has prepared the attached Resolution for
consideration by the Commission. On March 20, 1997, the City Commission adopted
Resolution No. 97-178 authorizing the City Manager to sell the Miami Springs Golf Course
located at 650 Curtiss Parkway, Miami Springs, Florida (the "Property"). Invitations to Bid
were mailed to two hundred fifty-six (256) potential bidders and one (1) bid was received on
July 28, 1997 from the City of Miami Springs. Attached is a report on the bid process
dated July 28, 1997, outlining the actions taken by the City with reference to obtaining
bids on the Property.
Highlights of the Purchase and Sale Agreement are as follows:
Purchase Price: $3,000,000
Honorable Mayor and Members
of the City Commission
Page 2
Deed Restriction: Conveyance of the Property shall be subject to a restriction whereby
the Purchaser shall agree not to utilize the Property .for anything
other than public park, golf course or other recreational facility or
attendant concession services unless prior approval is granted by the
City of Miami Commission which approval may be conditioned upon
receipt by the City of Miami ("Seller") of financial consideration. This
covenant will run with the land and shall be binding for the benefit of
the community and the Seller and enforceable against the Purchaser,
its successors and assigns.
Deposit: $15,000 was received by Seller at time of bid submission. Within
seven days of execution of the Agreement, Purchaser must deposit an
additional $285,000 for a total deposit of $300,000 (10% of the
purchase price)
Buyer's
Premium: At time of closing, Purchaser shall pay a Buyer's Premium in the
amount of $90,000 (3% of the purchase price) which amount shall be
retained by Seller.
Reimbursable
Expenses: Purchaser shall reimburse Seller, at closing, the costs associated with
the issuance of the Invitation to Bid in the amount of $10,000 plus
$1,920 as reimbursement for the Phase I Environmental Site
Assessment and Asbestos Survey.
Environmental
Matters: Purchaser shall be provided a period of twenty-five (25) days from the
date of execution of the Agreement in order to undertake physical
inspections of the Property including surveys, soil borings,
engineering studies, environmental studies and other tests. In the
event the Purchaser discovers hazardous materials on the Property in
levels which exceed the standards set forth by DERM, the State or
Federal government, then the Purchaser and Seller shall have seven
(7) business days to negotiate a mutually agreeable remediation
protocol. In the event the parties are unable to reach 'an agreement,
either party may cancel this Agreement and Purchaser shall be
refunded the Deposit. In the event Purchaser does not elect to cancel
the Agreement, Purchaser shall acknowledge and agree that the sale
of the Property is made on an "AS IS" condition and basis with all
faults.
•
0
Honorable Mayor and Members
of the City Commission
Page 3
Authority of
City Manager In order to ensure the closing can take place as soon as possible, the
City Manager shall have the authority to modify the Purchase and
Sale Agreement in the event a modification becomes necessary.
Closing Date: Forty-five (45) calendar days after the effective date of the Purchase
and Sale Agreement or within a reasonable time thereafter. It is
anticipated that this date shall fall around October 20, 1997.
The City of Miami Springs City Council will be considering this
Agreement at a public hearing on September 8, 1997, the earliest date
at which the Miami Springs Council could consider said item. The
City of Miami Springs requires a public notice published at least 30
days prior to considering this Agreement.
7_ 558
•
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and Members
of the City Commission
Li
Edward Marqu z 1
City Manager
DATE:
July 28, 1997 FILE :
SUBJECT: Report on the bid process
for the Miami Springs
Golf Course
REFERENCES:
ENCLOSURES:
(4) (Not enclosed herein)
The purpose of this memorandum is to advise you of the actions that were taken by the
Department of Planning and Development with reference to obtaining bids on the sale of
the Miami Springs Golf Course (650 Curtiss Parkway).
The property is being sold with the firm understanding that it must be used as a golf
course, pursuant to the City of Miami Springs zoning regulations. Additionally, we will
be placing a deed restriction that will require that any change in use must be approved by
the City of Miami. _
The bid due date was July 28, 1997 at 2:00 p.m. As a result, we received one bid from
City of Miami Springs in the amount of $3,000,000 (the minimum bid). We are
proceeding to negotiate a purchase and sale agreement with the City of Miami Springs at
this time. _
The following actions were taken to market the property:
1. Hired John Rossi, a consultant with Rossi Associates, Inc. to help target the correct
market. Mr. Rossi's resume is enclosed for your perusal. Below -mentioned is a list
of services that he provided:
• Criticized and revised the property information sheet and invitation to
bid package to enhance market appeal;
• Provided various media sources in which to advertise the property;
• Assisted in helping prepare advertisements in order to develop buyer's
interest;
• Provided advice concerning marketing strategies;
• Made a presentation at the prebid conference and answered questions
related to golf course;
• Identified and introduced potential buyers and developers;
• Made direct solicitations to the most active golf course developers in
the country and published newspaper articles regarding the sales and
buyer's premium;
• Made follow-up calls to prospective bidders to obtain feedback and
determine if additional information was needed by bidder.
Page Two
July 28, 1997
RE: Report on the bid process
for the Miami Springs Golf Course
2. Prepared the marketing sheet and mailed them to approximately 600-brokers in the
South Florida area. (See attached property description fact sheet).
3. Formed an advisory committee with Miami Society of Commercial Realtors.
Information on all the properties was presented to 100+ in attendance at the Realtor's
breakfast held May 9, 1997.
4. Presented information on all the sale properties at the Commercial Realtors' breakfast
on June 11 to approximately 30 in attendance.
5. Held a prebid conference on May 21, 1997 to answer any questions asked by
prospective bidders and/or brokers.
6. Placed advertisements in the Daily Business Review, Miami Herald, and Golf Week
Magazine, a highly circulated magazine recommended ' by the consultant with a
readership nationwide of approximately 202,000.
7. Placed advertisements on NET 9 (City's local cable channel) and in the Internet Site.
8. Established a buyer's premium of 3% in an effort to involve the brokerage
community more fully in our sales program.
9. Mailed bid packages to 256 prospective bidders (See. attached list).
10. Conducted a Phase I - Environmental on the property and notices were sent to
prospective bidders giving them an opportunity to view the report before bidding, in
order to expedite the due diligence period.
11. Obtained preliminary title search, in order to expedite the due diligence period.
If you have any questions concerning any of the above -mentioned information, please
feel free to contact Dena Bianchino at the Department of Planning and Development at
416-1451.
EM/JLL/D B/mv/memo90. doc
97- 558
8/1/97
J-97-
RESOLUTION NO. 97-
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE SALE
OF THE CITY -OWNED REAL PROPERTY WITH IMPROVEMENTS
CONSISTING OF APPROXIMATELY 182.27 ACRES, COMMONLY
KNOWN AS THE MIAMI SPRINGS GOLF COURSE, LOCATED AT
650 CURTISS PARKWAY, MIAMI SPRINGS, FLORIDA, TO THE
CITY OF MIAMI SPRINGS, AT A SALE PRICE OF THREE
MILLION DOLLARS ($3,000,000); FINDING THAT THE SALE TO
THE CITY OF MIAMI SPRINGS, A GOVERNMENTAL ENTITY, IS
EXEMPT FROM THE PROVISIONS OF CITY CHARTER SECTION
29-13, AS AMENDED, WHICH REQUIRES THE APPROVAL OF THE
ELECTORATE WHEN LESS THAN THREE PROPOSALS ARE
RECEIVED IN RESPONSE TO A SOLICITATION; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, 'AND TO
CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH
TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE
NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER;
WHEREAS, on March 20, 1997, the City Commission adopted Resolution No.
97-178 authorizing the City Manager to sell the City -owned real property with
improvements located at 650 Curtiss Parkway, Miami Springs, Florida, commonly
known as the Miami Springs Golf Course; and
WHEREAS, pursuant to public notice, sealed bids were received for the sale
of this property on July 28, 1997; and
WHEREAS, Invitations to Bid were mailed to two hundred fifty-six (256)
potential bidders and one (1) bid was received;
�'7- � 5 8
•
•
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Resolution are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
Section 2. The sale of the City -owned real property with improvements
located at 650 Curtiss Parkway, to the City of Miami Springs, at a sale price of
three million dollars ($3,000,000), is hereby approved.
Section 3. Finding that the sale to the City of Miami Springs, a
governmental entity, is exempt from the provisions of City Charter Section 29-B, as
amended, which requires the approval of the electorate when less than three
proposals are received in response to a solicitation.
Section 4. The City Manager is hereby authorized to execute a Purchase
and Sale Agreement, in substantially the attached form, with the City of Miami
Springs and to consummate such transaction in accordance with the terms and
conditions of the Agreement which terms may be amended by the City Manager as
may be necessary in order to effect such sale in an expeditious manner
Section 5. This Resolution shall become effective immediately upon its
adoption.
r
�I
PASSED AND ADOPTED this
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY
day of
1997.
JOE CAROLLO, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
A. QUINN JONES III
ASSISTANT CITY ATTORNEY CITY ATTORNEY
3
970- 558
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of , 1997, (the "Effective Date") by and
between the City of Miami, a municipal corporation of the State of Florida,
with offices at 3500 Pan American Drive, Miami, Florida 33133 (the "Seller'), and
the City of Miami Springs, a municipal corporation of the State of Florida,
with offices at 201 Westward Drive, Miami Springs, Florida, (the "Purchaser").
WHEREAS, the City of Miami has offered to sell and the City of Miami
Springs has offered to purchase certain real property located in the City of Miami
Springs (hereinafter referred to as the "Property" and more particularly described in
Section 1 of this Agreement and in Exhibit "A"); and .
WHEREAS, on the City Commission of the City of
Miami passed and adopted Resolution No. , attached hereto as Exhibit "B"
and made a part hereof, authorizing the sale of the Property and execution of the
"Agreement"; and
WHEREAS, on the City Council of Miami Springs
passed and adopted Resolution No. attached hereto as Exhibit "C" and
made a part hereof, approving the acquisition of the Property.
THEREFORE, in consideration of the terms, covenants, and conditions of
this Agreement, the Seller shall sell and Purchaser shall buy the Property upon the
following terms and conditions:
1. DESCRIPTION OF PROPERTY
A. Legal Description
See Exhibit "A" attached hereto and made a part hereof.
B. Street Address
650 Curtiss Parkway
Miami Springs, Florida
C. Improvements
+ 15,100 s.f. one-story CBS clubhouse facility
Steel framed storage building which is used for golf cart storage.
+ 1,224 s.f. storage garage
+ 3,858 s.f. maintenance shop
+ 1,250 s.f. rest shelters
D. Personal Property
See Exhibit "D" attached hereto and made a part hereof.
9 7 - 558
2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept for the Property
the sum of THREE MILLION DOLLARS ($3,000,000) (the "Purchase Price").
The Purchase Price shall be payable as follows:
A. Deposit.
(1) Upon the execution of this Agreement by the Seller, the Seller
shall deliver to Michael A. Berke, Esq., (the "Escrow Agent") FIFTEEN
THOUSAND DOLLARS ($15,000), which the Seller has received from the
Purchaser as a "Bid Deposit".
(2) Within seven (7) days of the Effective Date, the Purchaser
shall pay to the Escrow Agent TWO HUNDRED AND EIGHTY-FIVE
THOUSAND ($285,000) (the Bid Deposit and this additional sum -will
represent 10% of the Purchase Price and is hereinafter referred to as the
"Deposit").
(3) The Deposits received hereunder by the Escrow Agent shall be
placed in an interest bearing account. Until this transaction is closed, the
interest earned on the Deposit shall belong to Purchaser.
(4) At Closing (as hereinafter defined) the Deposit, and all interest
earned on the Deposit shall be delivered by the Escrow Agent to the Seller
and credited against the Purchase Price.
B. Closing Payment.
At Closing, the Deposit plus the balance of the Purchase Price, TWO
MILLION SEVEN HUNDRED THOUSAND DOLLARS ($2,700,000)
(increased or decreased by adjustments, credits, prorations, and expenses as
set forth in Section 10 or any other provision_of this Agreement) shall be paid
by the Buyer to the Seller in the form of cashier's check, certified check or
wire transfer.
3. ENVIRONMENTAL MATTERS
A. Definitions.
For purposes of this Agreement:
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
2
97- 558
Resource Conservation and Recovery Act (42 U.S.C., Section 6901 et seg. ;
(C) any substance regulated by the Toxic Substances Control Act (15 U.S.C.,
Section 2601 et. Sea.); (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; (G) radon gas;
and (H) any additional substances or material which: (i) is now or hereafter
classified or considered to be hazardous or toxic under Environmental
Requirements; (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 persons on the Property or adjacent property; or (iii) would
constitute a trespass if it emanated or migrated from the Property.
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 states, the counties, the cities, or any other political
subdivision, agency or instrumentality exercising jurisdiction over the Seller
or the Purchaser, the Property, or the use of the Property, relating pollution,
the protection or regulation of human health, natural resources, or the
environment, or the emission, discharge, release or threatened release of
pollutants, contaminants, chemicals, or industrial, toxic or hazardous
substances or waste or Hazardous Materials into the environment (including,
without limitation, ambient air, surface water, groundwater, land or soil).
B. Disclaimer As To Environmental Matters.
Purchaser acknowledges and agrees that Seller has not made, does not make
and specifically negates and disclaims any representations, warranties (other
than the limited warranty of title as set out in the special warranty deed),
promises, covenants, agreements or guaranties of any kind or character
whatsoever, whether express or implied, oral or written, (past, present, or
future) of, as to, concerning or with respect to environmental matters with
reference to the Property, including, but not limited to: (A) the value, nature,
quality or condition of the Property, including, without limitation, the water,
soil and geology, (B) the compliance of or by the Property, or its operation
with any Environmental Requirements, (C) any representations regarding
compliance with any environmental protection, pollution or land use, zoning
or development of regional impact laws, rules, regulations, orders or'
requirements, including the existence in or on the Property of Hazardous
Materials.
Purchaser further acknowledges and agrees that it is being given the
opportunity to inspect the Property, and all relevant documents and records
of the Seller as they relate to the Property, including the A132MT Phase I
Report, attached hereto and made a part hereof as Exhibit "E", and other
documents that may exist in the public records of the state, county and/or
city relating to the environmental condition of the Property as part of this
Agreement and that Purchaser is not relying solely upon any documents or
3
97- ��R
0
representations made by or on behalf of Seller, but that Purchaser is
responsible to conduct its own investigation of the Property.
Purchaser further acknowledges and agrees that any information provided or
to be provided with respect to the Property was obtained from a variety of
sources and that Seller has not made any independent investigation or
verification of such information and makes no representations as to the
accuracy or completeness of such information. Seller is not liable or bound in
any matter by any verbal or written statements, representations or
information pertaining to the Property, or the operation thereof, furnished by
any agent, employee, servant or other person.
C. Inspection Period.
Purchaser and its agents and consultants shall have a period of twenty-five
(25) days from the Effective Date (the "Investigation Period") in which to
undertake at Purchaser's expense, such physical inspections and other
investigations of and concerning the Property including surveys, soil borings,
percolation, engineering studies, environmental tests and studies and other
tests as Purchaser considers necessary for Purchaser and his consultants to
review and evaluate the physical characteristics of the Property and to
perform certain work or inspections in connection with such evaluation. For
that purpose, Seller hereby grants to Purchaser and its consultants and
agents or assigns, full right of entry upon the Property during the Inspection
Period through the closing date.
D. Inspection Indemnity.
Notwithstanding anything contained in this Agreement to the contrary, as
consideration for the Seller granting a continuing right of entry, the
Purchaser hereby specifically agrees to: (i) immediately pay or cause to be
removed any liens filed against the Property as a result of any actions taken
by or on behalf of Purchaser in connection with the inspection of the
Property; (ii) immediately repair and restore the Property to its condition
existing immediately prior to the Inspection Period; and (iii) indemnify,
defend and hold Seller harmless from and against all claims, damages or
losses incurred to the Property, or anyone on the Property as a result of the
actions taken by the Purchaser, any of its employees, agents, representatives
or contractors, in connection with the inspection of the Property, or any
persons performing inspection activities or other activities on its behalf.
E. Remedies/Right of Termination.
If Purchaser discovers, during the Investigation Period, the presence of
Hazardous Materials on the Property in levels or concentrations which
exceed the standards set forth by DERM, the State or the Federal
Government, prior to the end of the Inspection Period, Purchaser shall notify
Seller in writing and deliver to Seller copies of all written reports concerning
4
97i 558
such Hazardous Materials (the "Environmental Notice"). The Purchaser and
Seller shall have seven (7) business days from the date the Seller receives
the Environmental Notice to negotiate a mutually agreeable remediation
protocol. In the event the Purchaser and Seller are unable to reach
agreement with respect thereto within the seven (7) business day period
provided herein, the parties shall have the option within two (2) calendar
days of the expiration of the seven (7) business day period to cancel this
Agreement by written notice to the other party whereupon (1) all property
data and all studies, analysis, reports and plans respecting the Property
delivered by Seller to Purchaser or prepared by or on behalf of the Purchaser
shall be delivered by Purchaser to the Seller; and then (ii) except as
otherwise hereafter provided in this Paragraph, the parties shall thereupon
be relieved of any and all further responsibility hereunder and neither party
shall have any further obligation on behalf of the other; and (iii) Purchaser
shall be refunded the Deposit and all interest earned.
F. Waiver and Release.
In the event that Purchaser does not elect to cancel this Agreement,
Purchaser acknowledges and agrees that to the maximum extent permitted
by law, the sale of the Property as provided for herein is made on an "AS IS"
condition and basis with all faults. Purchaser on behalf of itself and its
successors and assigns thereafter waives, releases, acquits, and forever
discharges Seller, its heirs, and the successors and assigns of any of the
preceding, of and from any and all claims, actions, causes of action, demands,
rights, damages, costs, expenses or compensation whatsoever, direct or
indirect, known or unknown, foreseen or unforeseen, which Purchaser or any
of its successors or assigns now has or which may arise in the future on
account or in any way related to or in connection with any past, present, or
future physical characteristic or condition of the Property including, without
limitation, any Hazardous Materials in, at, on, under or related to the
Property, or any violation or potential violation or any Environmental
Requirement applicable thereto. In addition, Purchaser thereafter
specifically waives all current and future claims and causes of action against
Seller arising under CERCLA, RCRA, Chapters 376 and 402, Florida
Statutes, and any other federal or state law or county regulation relating to
Hazardous Materials in, on, or under the Property. Notwithstanding
anything to the contrary set forth herein, this release shall survive the
Closing or termination of this Agreement.
4. TITLE EVIDENCE
Purchaser, at its sole cost and expense, shall be responsible for obtaining all
title documents which Purchaser requires in order to ascertain the status of
title. Purchaser agrees to forward a copy of the aforementioned title
documents to Seller immediately upon Purchaser's receipt thereof.
5
9 7 - 5581
Purchaser, at Purchaser's expense, within the time allowed to examine
evidence of title, may have the Property surveyed and certified by a
registered Florida surveyor. If the survey discloses encroachments on the
Property or that the improvements located thereon encroach on setback
lines, easements, lands of others or violate restrictions, or applicable
governmental regulation, the same shall constitute a Title Defect as
hereinafter defined and shall be treated in the same manner as a Title Defect
as set forth herein.
Seller has no obligation to, but to the extent Seller has evidence of title,
including abstracts, prior title policies and title reports, Seller shall provide
copies of same to Purchaser, within five (5) calendar days of the Effective
Date, to assist in Purchaser's title examination and obtaining'title insurance.
In the event the Purchaser's examination of title or survey, which
examination and survey shall be completed within twenty-one (21) days of
the Effective Date, establishes that Seller's title is unmarketable and/or
uninsurable (the "Title Defect"), the Purchaser shall have the following
options:
(1) Allow the Seller thirty (30) calendar days within which to cure
the Title Defect, and if the Purchaser chooses this option the Seller agrees to
use reasonable diligence in curing said defects, however, Seller shall not be
required to bring any action or to incur any expense to cure any Title Defect.
(2) If Seller shall be unable to convey title to the Property
according to provisions of this Agreement, Purchaser may nevertheless elect
to accept such title that Seller may be able to convey with no reduction in
Purchase Price.
(3) Purchaser may terminate this Agreement and the sole liability
of Seller shall be to refund the Deposit and all interest earned thereon to
Purchaser. Upon such refund, this Agreement shall be null and void and the
parties hereto shall be relieved of all further obligation and liability, and
neither party shall have any further claims against the other, except as to
Purchaser's liability, if any, arising out the Environmental Inspection
Indemnity. In addition to the documents set forth in paragraph 3(E), in the
event of cancellation, copies •of all abstracts of title and surveys respecting
the Property delivered by Seller to Purchaser or prepared by or on behalf of
Purchaser shall be delivered by Purchaser to Seller.
5. DISCLAIMER OF WARRANTIES AS TO PROPERTY;
"AS IS" CONVEYANCE.
A. Except as otherwise previously provided in paragraphs 3 and 4
of this Agreement, Purchaser is purchasing the Property in an "AS IS"
condition and specifically and expressly without any warranties,
representations or guaranties, either express or implied, of any kind, nature
6
9 7- 558
or type whatsoever from or on behalf of Seller. Without in any way limiting
the generality of the immediately preceding, and in addition to the specific
disclaimers set forth in Section 3 of this Agreement with respect to
Environmental Matters, Purchaser and Seller further acknowledge and
agree that in entering into this Agreement and purchasing the Property:
(1) Purchaser hereby acknowledges that Seller has not made, will
not and does not make any warranties or representations, whether express
or implied, with respect to the Property, its condition, the value, profitability,
or marketability thereof;
(2) Purchaser acknowledges that with respect to the Property,
Seller has not and will not make any warranties, whether express or implied,
of merchantability, habitability or fitness for a particular use or suitability of
the Property for any and all activities and uses which Purchaser may
conduct thereon;
(3) Purchaser acknowledges that Purchaser has made and/or shall
be given an adequate opportunity to make such legal, factual and other
inquiries and investigations as Purchaser deems necessary, desirable or
appropriate with respect to the Property, the value or marketability thereof
and of the appurtenances thereto. Such inquiries and investigations of
Purchaser shall be deemed to include, but shall not be limited to, the
condition of all portions of the Property and such state of facts as an accurate
abstract of title and survey would show;
(4) Purchaser acknowledges that Purchaser has not relied, and is
not relying, upon any information, document, projection, . proforma,
statement, representation, guaranty or warranty (whether express or
implied, or oral or written or material or immaterial) that may have been
given by or made by or on behalf of Seller.
(5) Notwithstanding, the foregoing Seller warrants that there are
no facts known to Seller that would materially affect the value of the
Property which are not readily observable by the Purchaser or which have
not been disclosed to the Purchaser.
(6) To the best of Seller's knowledge, as of the Effective Date there'
are no pending lawsuits or claims with respect to the Property.
B. The provisions of this paragraph shall survive the closing.
7
•
0
0
6. RESTRICTIONS. EASEMENTS AND LIMITATIONS
The Purchaser further agrees it shall take title subject to: zoning,
restrictions, prohibitions, and other requirements imposed by governmental
authority; restrictions and matters appearing on the public records and
public utility easements of record, as well as the specific restriction set forth
in Section 7 of this Agreement.
7. DEED RESTRICTION
The conveyance and title to the Property shall be subject to a restriction
whereby the Purchaser, for itself and its successor and assigns, shall agree
and covenant not to utilize the Property for anything other than public park,
golf course or other recreational facilities or attendant concession services
unless prior approval is granted by the City of Miami Commission which
approval may be conditioned upon receipt by the Seller of financial
consideration. The covenant shall run with the land, and shall be binding for
the benefit of the community and the Seller and enforceable against the
Purchaser, and its successor and assigns.
8. CLOSING DATE
The delivery of the deed, documents, money and other acts necessary to
accomplish the transaction provided for in this Agreement (the "Closing"),
shall take place forty-five (45) calendar days after the Effective Date, or
within, a reasonable time thereafter, at a mutually agreeable time at the
Department of Planning and Development, Asset Management Division
located at 444 SW 2 Avenue, Suite 325, Miami, Florida. Notwithstanding
the foregoing, in the event the Seller elects to satisfy any title objections
pursuant to the terms of Section 4 hereof, then Seller shall have the right to
extend the Closing date set forth herein.
9. CLOSING DOCUMENTS
A) At Closing, Seller shall execute and/or deliver to Purchaser the
following:
(1) Special Warranty Deed subject to conditions, restrictions, easements
and limitations of record and the covenant set forth in paragraph 7 of this
Agreement.
(2) A Closing Statement. j
(3) A Seller's Affidavit and a Non -Foreign Affidavit.
(4) Such documents as are necessary to fully authorize the sale of the
Property by Seller and the execution of all closing documents; and
8
(5) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby.
(6) Bill of Sale for personal property.
B) Purchaser's Closing Documents: At Closing, Purchaser shall execute
and/or deliver to Seller the following:
(1) Closing Statement;
(2) Such documents as are necessary to fully authorize the purchase of
the Property by Purchaser and the execution of all closing documents;
(3) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby; and
(4) Purchaser shall pay to Seller the balance of the Purchase Price as
provided for in Section 2 hereof.
10. CLOSING COSTS AND ADJUSTMENTS
At Closing, the following items shall be borne, adjusted, prorated or assumed
by or between Seller and Purchaser as follows:
A. Adjustments and Prorations
1) Real Estate Taxes: The Seller warrants that the Property is
exempt from taxes and accordingly there should be no taxes
due at Closing.
2) Certified/Pending Liens: Certified, confirmed and ratified
governmental liens as of the Closing Date shall be paid by
Seller. Pending liens as of the Closing Date shall be assumed
by Purchaser.
3) Other Taxes, Expenses, Interest, Etc: Taxes (other than real`
property taxes), assessments, water and sewer charges, waste
fee and fire protection charges, if applicable, shall be prorated
as of the Closing Date.
4) Usual and Customary: Such other items that are usually
and customarily pro -rated between purchasers and sellers of
properties in the area where the Property is located.
9 97-- *558
B. Closing Costs
(1) Each party shall be responsible for its own attorney's
fees incurred in connection with the Closing.
(2) Purchaser shall pay all other closing and recording
costs incurred in connection with the sale and purchase of the
Property described in this Agreement, including, but not limited to:
(i) all inspection and environmental testing costs;
(ii) all recording charges, filing fees payable in connection with
the transfer of the Property hereunder;
(iii) TEN THOUSAND DOLLARS ($10,000) [the Seller's costs
incurred in connection with the public solicitation process related to
the sale of the Property];
(iv) NINETY THOUSAND DOLLARS ($90,000) [three percent
(3%) of the Purchase Price as a Buyer's Premium];
(v) ONE THOUSAND NINE HUNDRED TWENTY DOLLARS
($1,920) [the cost of the Phase 1 Environmental Site Assessment and
Asbestos Survey of the Property];
11. DEFAULT
A) If Seller shall have failed to perform in any of the covenants and
agreements contained herein to be performed by Seller within the
time for performance as specified herein (including Seller's obligation
to consummate the transactions hereby), Purchaser shall be entitled
to: (i) elect to terminate this Agreement and receive the return of the
Deposit and all interest thereon; (ii) elect to waive any such conditions
or defaults and to consummate the transactions contemplated by this
Agreement in the same manner as if there had been no conditions or
defaults and without any reduction in the Purchase Price and without
any further claim against Seller; (iii) sue for specific performance.
However, notwithstanding anything contained herein to the contrary,
in no event shall Seller be liable to Purchaser for any actual, punitive,
incidental, speculative or consequential damages, costs or fees of any
nature whatsoever. The limitation on Seller's liability set forth herein
shall survive Closing.
B) If Purchaser shall have failed to perform any of the covenants and
agreements contained herein to be performed by Purchaser within the
time for performance as specified herein (including Purchaser's
10 91171"" 55
obligation to consummate the transactions contemplated herein),
Seller, as and for its sole and exclusive remedy, shall retain the
Deposit and all interest earned thereon, as liquidated damages and
not as a penalty for forfeiture, actual damages being difficult or
impossible to measure.
C) Neither party shall be entitled to exercise any remedy for a default by
the other party, except failure to timely close, until (1) such party has
delivered to the other notice of the default and (ii) a period of ten
calendar (10) days from and after delivery of such notice has expired
with the other party having failed to cure the default or diligently
pursued remedy of the default.
12. RISK OF LOSS
The Seller shall continue to assume all risk of loss or damage to the Property
by fire or other casualty, or acts of God ("Casualty"), as of the Effective Date.
Seller warrants that it currently has All Risk property insurance on the
Property plus windstorm coverage as part of a blanket policy for several City
of Miami owned properties, which is underwritten by a pool of insurance
companies. Under no circumstances shall Seller be required to expend any
funds nor perform any work to repair any damage caused by any Casualty or
to construct or reconstruct any improvements on the Property.
Notwithstanding the above, in the event of a Casualty, to the extent
insurance proceeds are available, the Seller may, but has no obligation, to
repair the Property. to the condition it was prior to said damage occurring.
In the event Seller elects to repair the damage, the Closing may be extended
by such reasonable time period to permit Seller a reasonable time to perform
the repair work. In the event Seller elects not to repair said damage, to the
extent insurance proceeds are actually received by Seller, said proceeds, less
-any business interruption insurance and all costs and expenses including
reasonable attorney's fees incurred by Seller with respect to the collection
thereof, shall be paid to Purchaser at Closing or such later date if said
proceeds are not actually received by Seller prior to Closing.
13. EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last
party to this Agreement officially executes said Agreement. It is hereby
acknowledged that, this Agreement must be executed by both parties by
September 17, 1997.
11
97- 5;8
14. 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.
15. DESIGNATION OF REPRESENTATIVES
Purchaser and Seller acknowledge that proper communication between
Purchaser and Seller, and between Purchaser and any governmental
authorities having jurisdiction over environmental matters, is to be an
important component of the Purchaser's Environmental Inspection period
and title examination. Accordingly, to facilitate such communication, the
Purchaser and Seller have appointed the following persons on their
respective behalves to be their environmental and title representatives, to
wit:
On behalf of Seller:
Dena Bianchino
City of Miami
Asset Management Division
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
Telephone (305)416-1451
Fax (305)416-2156
16. NOTICES
On behalf of Purchaser:
Frank Spence, City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
Telephone (305)885-4581
Fax (305)887-8307
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if
delivered by personal service or by certified mail addressed to Seller and
Purchaser at the address indicated herein. Such notice shall be deemed
given on the day on which personally served; or if by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier:
Seller
Edward Marquez, City Manager
City of Miami
444 SW 2 Avenue, loth Floor
Miami, FL 33133
c
Purchaser
Frank Spence, City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
12
17.
Copy To
Dena Bianchino
City of Miami
Asset Management Division
444 SW 2 Avenue, 3rd Floor
Miami, FL 33130
A. Quinn Jones, III
City Attorney
c/o Julie Ofelia Bru, ACA
444 SW 2 Avenue, Suite 945
Miami, FL 33130
CAPTIONS AND HEADINGS
Copy To
James R. Borgman
Assistant City Manager
City of Miami Springs
201 Westward Drive
Miami Springs, FL 33166
Jan K. Seiden, Esq.
Assistant City Attorney
2250 SW 3 Avenue, 51h floor
Miami, Florida, 33129
The Section headings or captions appearing in this Agreement are for
convenience only, are not part of this Agreement, and are not to be
considered in interpreting this Agreement.
18. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest. Purchaser may assign or pledge this Agreement
only with the prior written consent of the City Manager which consent may
be withheld for any or no reason whatsoever.
19. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Dade County, Florida.
20. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which
shall be deemed to be an original but all of which shall constitute one and
the same Agreement.
21. ATTORNEYS COSTS '
If it shall be necessary for either party to this Contract to bring suit to
enforce any provisions hereof or for damages on account of any breach of this
Contract, the prevailing party on any issue in any such litigation and any
appeals therefrom shall be entitled to recover from the other party, in
addition to any damages or other relief granted as a result of such litigation,
all costs and expenses of such litigation and a reasonable attorneys' fee .as
fixed by the court.
13
97 55g
22. WAIVERS
No waiver by either party of any failure or refusal to comply with its
obligations shall be deemed a waiver of any other or subsequent failure or
refusal to comply. All remedies, rights, undertaking, obligations and
agreement contained herein shall be cumulative and not mutually exclusive.
23. LEASES AND CONTRACTS
To the extent such agreements can be assigned, the Seller shall assign all
tenant agreements affecting the Property to the Purchaser effective on the
Closing Date. Copies of all tenant agreements are attached as Exhibit "F"
and made a part of this Agreement. Tenants are currently occupying the
premises on a month -to -month basis, paying rent monthly, whose tenancies
may be terminated upon providing sufficient notice as required by law.
Seller believes that all equipment leases, contracts and service agreements
are on a month -to -month basis which may be canceled upon providing
sufficient notice. Within (7) days of the Effective Date the Seller shall
furnish the Purchaser with copies of all equipment leases, contracts and
service agreements which may be binding on the Property.
24. SURVIVAL OF REPRESENTATIONSIWARRANTIES
All relevant terms of this Agreement, where appropriate, shall survive the
Closing and be enforceable by the respective parties until such time as
extinguished by law.
25. PARTIAL INVALIDITY
In the event that any provision of this Agreement shall be unenforceable in
whole or in part, such provision shall be limited to the extent necessary to
render same valid, or shall be excised from this Agreement, as circumstances
require, and this Agreement shall be construed as if said provision had been
incorporated herein as so limited, or as if said provision had not been
included herein, as the case may be.
26. WAIVER OF TRIAL BY JURY
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND
INTENTIONALLY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY
JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF, UNDER OR
IN CONNECTION WITH THIS AGREEMENT, OR ANY COURSE OF
CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL
OR WRITTEN) OR ACTIONS OF ANY PARTY HERETO. THIS
PROVISION IS A MATERIAL INDUCEMENT FOR PURCHASER AND
SELLER ENTERING INTO THIS AGREEMENT.
14
g7_ 558
27. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties. There
are no promises, agreements, undertakings, warranties or representations,
oral or written, express or implied, between the parties other than as herein
set forth. No amendment or modification of this Agreement shall be valid
unless the same is in writing and signed by the City Manager on behalf of
the Seller and the Purchaser.
28. TIME OF THE ESSENCE
Time is of the essence of this Agreement and in the performance of all
conditions and covenants to be performed or satisfied by either party hereto.
Waiver of performance or satisfaction of timely performance or satisfaction of
any condition or covenant by one party shall not be deemed to be a waiver of
the performance or satisfaction of any other condition or covenant unless
specifically consented to in writing. Whenever a date specified herein shall
fall on a Saturday, Sunday or legal holiday, the date shall be extended to the
next succeeding business day.
29. AUTHORITY OF CITY MANAGER
The Resolution or Ordinance of the respective city commissions/city council
of the Seller and the Purchaser shall, in addition to approving the purchase
contemplated under this Agreement, shall empower the City Manager of the
Seller and the Purchaser to modify this Agreement in the event a
modification to this Agreement becomes necessary.
30. APPROVAL BY THE OVERSIGHT BOARD
The State of Florida has appointed an Emergency Financial Oversight Board
(the "Oversight Board") which is empowered to review and approve all
pending City of Miami contracts. As a result, contracts shall not be binding
on the Seller until such time as they have been approved by the Oversight
Board. Execution of this Agreement by the City of Miami City Manager shall
constitute evidence of approval by the Oversight Board.
15 9 7— 558
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement, as of the day and year first above written.
Signed, sealed and delivered in the presence of:
"SELLER"
Executed by CITY OF MIAMI, a municipal
corporation of the State of Florida
on:
By:
Edward Marquez, City Manager
ATTEST:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney
"PURCHASER"
Executed by CITY OF MIAMI SPRINGS, a
municipal corporation of the State of
Florida on:
By:
Frank Spence, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
City Attorney
16
97- 558
EXHIBITS ON FILE WITH
THE OFFICE OF THE CITY CLERK
J
97 - 551
W.:
•
DESCRIPTION:
EXHIBIT "A"
Sheet 1 of 2
FOR THE POINT OF BEGINNING COMMENCE AT THE SOUTHEAST CORNER
OF SECTION 24, TOWNSHIP 53 SOUTH, RANGE 40 EAST; THENCE RUN
NORTH ALONG THE RANGE LINE 480 FEET TO THE POINT OF BEGINNING
OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE RUN
NBB'38'00"W PARALLEL TO THE SOUTHERN BOUNDARY OF SAID SECTION
24, TOWNSHIP 53 SOUTH, RANGE 40 EAST, 2340.55 FEET.TO THE
POINT OF CURVE OF A,CURVE TO THE RIGHT WHICH RADIUS--IS-?:OA _
FEET, CENTRAL ANGLES 90000'00"; THENCE ALONG SAID CURVE
314.16 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE
N1'22'00"E, 200 FEET TO THE POINT OF CURVE OF A CURVE TO THE
RIGHT WHICH RADIUS•IS 200 FEET, CENTRAL ANGLE 90000'00";
THENCE ALONG SAID CURVE 314.16 FEET TO THE POINT OF TANGENT
OF SAID CURVE; THENCE SB8'•3B'00"E PARALLEL TO THE SOUTHERN
BOUNDARY OF SAID'SECTION 24, 5 FEET TO THE POINT OF_CURVE OF
A CURVE TO.THE LEFT.WHI.CH.RADIUS IS 320.25 FEET, CENTRAL
ANGLE 90° 00'.00"; THEf�tCE .ALONG SAID CURVE 503.05 FEET TO THE
POINT OF TANGENT OF SAID CURVE; THENCE'N1'22'00"E'459.02.FEET
TO THE.POINT OF CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS
326.25 FEET, CENTRAL ANGLE 90000'00"; THENCE ALONG SAID CURVE
503.05 FEET TO THE PRINT OF TANGENT OF SAID CURVES THENCE
S88'36'00"E PARALLEL�TO THE SOUTHERN BOUNDARY OF SAID SECTION
24, 1654.50 FEET TO THE INTERSECTION OF THE EAST LINE OF SAID
SECTION 24 AND -THE POINT OF CURVE OF A CURVE TO THE RIGHT
WHICH RADIUS IS 591.83 FEET, CENTRAL ANGLE 39423.00"; THENCE
INTO SECTION 19, TOWNSHIP 53 SOUTH, RANGE 41 EAST, ALONG SAID
CURVE 406.79 FEET TO THE POINT OF TANGENT OF SAID CURVE;
THENCE S49015'00"E, 2137.19 FEET TO THE POINT OF A CURVE OF
A CURVE TO THE RIGHT WHICH RADIUS IS 672.47 FEET, CENTRAL
ANGLE 91'28'00"; THENCE ALONG SAID CURVE 1073.5 FEET TO THE
POINT OF REVERSE CURVE OF A CURVE TO THE LEFT WHICH RADIUS IS
605.93 FEET, C8XTRAL ANGLE 32030'00"1 THENCE ALONG SAID CURVE
343.7 FEET TO THE POINT OF REVERSE CURVE OF A CURVE TO THE
RIGHT WHICH RADIUS IS 432.84 FEET, CENTRAL ANGLE 79"30.00";
THENCE ALONG SAID CURVE 600.58 FEET TO THE POINT OF TANGENT
OF SAID CURVE; THENCE S89'13'00"W, 595.0 FEET TO THE POINT OF
A CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS 400.78 FEET,
CENTRAL ANGLE 90'47'00"; THENCE ALONG SAID CURVE 642.01 FEET
TO THE POINT OF TANGENT OF SAID CURVE; THENCE DUE NORTH
PARALLEL TO THE EAST LINE OF SAID SECTION 24, TOWNSHIP 53
SOUTH, RANGE 40 EAST, 771.39 FEET TO THE POINT OF:CURVE TO
THE LEFT WHICH RADIUS IS 150 FEET, CENTRAL ANGLE 75-43.00";
THENCE.ALONG SAID CURVE 198.23 FEET TO THE POINT OF REVERSE
CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS 150 FEET,
CENTRAL ANGLE 77005*00"; THENCE ALONG SAID CURVE 199.06 FEET
TO THE INTERSECTION OF THE LINE PARALLEL TO THE SOUTH LINE OF
SAID SECTION 24, AND 480 FEET NORTH OF THE SAME SOUTH LINE
PRODUCED EASTERLY FROM THE EAST LINE OF SAID SECTION 24;
THENCE N88038'00"W ON A RADIAL LINE OF LAST MENTIONED CURVE
PRODUCED 254.0 FEET TO THE POINT OF BEGINNING, CONTAINING jg3.GO
ACRES MORE OR LESS, LESS AND EXCEPT THAT PORTION OF THE
ASPHALT PAVEMENT ROADWAY OF CURTISS PARKWAY LYING WITHIN .THE
ABOVE DESCRIBED PROPERTY AS SHOWN ON OUR SURVEY No.6q•O6-Cocl
CONTAINING THE FOLLOWING :
GROSS ACREAGE 1B3.60 +-
EXCEPTED PARCEL = 1.33 +-
NET ACREAGE = 182.27 +-
97- 5591
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EXHIBITS B AND C TO BE ATTACHED
UPON AVAILABILITY
97- 558
06-03-1997 0.8 1 305 575 5146 P
ffiIBIT D
MIANH SPRINGS GOLF COURSE
EQUIPMENT LIST
CITY NO,
TYPE
YEAPROBLEM
MG-22
JACOBSON GREENS
3/83
SLOW BAD WHEEL
MOWER
MOTORS
MG-90
TORO 3000 GREENS
.12/87
OK
MOWER
MG-49
TORO GREENS MASTER
v78
HYDRAULIC PROBLEMS
3 (TEE MOWER)
,ALL BUSHING TO BE RE-
PLACED SOME RUST
MG-89
TORO GROUNDS
1287
OK
MASTER 322-D
MG-20
TORO SAND PRO
3183
BLOWN ENGINE, BAD WHEEL
MOTORS, ROUGH HYDRAULICS
MG-19
TORO SAND PRO
4/73
RUSTED, BAD HYDRAULICS
BAD WHEEL MOTORS, BLOWN
ENGINE
MG-6
RYAN GREENS AIRE 11
4/84
BAD BEARINGS, WORN
SPROCIETS
MG-5
RYAN GREENS AIRE H
6185
BAD BEARINGS, WORN
SPROCKETS
MG-88
WOODS D-N
1/88
OK
MG-92
TORO 5 GANG
12/87
OK
HYDRAULIC
MG-18
100 TRAILORED
1181
NEEDS TO BE UPDATED, RUSTED
GALLON SPRAY UNIT
TRAILER. NEEDS NEW BOAT
PUMP - OUT OF SERVICE
MG-73
JACOBSON 590 FAIRWAY
M6
OK
AIRIMR HYDRAULIC
MG-45
RODGERS 590
2i10
RUSTED FRAME
HYDRAULIC FAIRWAY SLICER
97- 5518
06-03-1997 1 305 575 5146
46 ,
MG-94
JACOBSON LAWN
1/88
M-804
3910 FORD TRACTOR
9/84
M-745
3910 FORD TRACTOR
9/94
M-759
JACOBSON 7 GANG UNIT
6/83
M-820
'TORO 7 GANG UNIT
4/85
M-765 1830 KUBOTA 7/83
PAYLOADER
MG-13
HOMELITE XL1200
5/82
MG-14
HOMELITE XL1200
5/82
MG-250101
TD 24 KAWASAKI
1/86
MG-250102
TD 24 KAWASAKI
1 /86
MG-15
5 GANG JACOBSON
5/84
BLTTZER
MG-250076
HYDRAULIC VICON
86-87
FERTILIZER SPREADER
MG-4
METER MATIC II
4184
TOPDRESSER
MG-75
BANTAM SOD CUTTER
10/97
MG-10
SUPER WIZ 66
3182
MG-3
GIANT VAC
3/84
MG-43
SMALL VICON
1 /85
SPREADER 3 POINT
MG-17
TORO TURF PRO
2180
GRAVELY PRO MASTER
6195
100
ENGINE NEEDS REPLACEMENT
OUT OF SERVICE
OK
HYDRAULIC RAMS WORN
BAD HYDRAULICS SOME RUST
OUT OF SERVICE
TOTAL FRONT CAP DAMAGE,
HOOD DAMAGE NEEDS NEW RAM
AND NEW BUCKET, HAS CRACKS
FRONT RIMS ON TIRES
TOTALED WORN OUT PARTS
TOTALED WORN OUT PARTS
WORN OUT
WORN OUT,
FRAME NEEDS TO BE RE DONE
OK
WORN SPROCKETS
OK (AT PARKS OPERATIONS)
OK
OK
NEEDS NEW FRAME
WORN OUT - OUT OF SERVICE
OK
97-- 558
06-03-1997 �Ya 1 305 575 5146
SA,RLO HAND MOWER
6/95
24"
150009
CUSI3MA.N SCOOTER,
5/88
150011
CUSkIl!'IAN SCOOTER
5/88
150012
CUSR" S%`. OOTER
5188
S-1 r
E Z GO SCOOTER
1193
774
400 GALLON SPRAY TANK
1/81
TRUCK 120026
5184
1
ww
OK
OK (OLD)
ENGINE PROBLEMS - RUNS OUT
REAR END PROBLEM,
BLOWN ENGINE & TRANSMISSION
OK (RUSTED FRAME)
BEAT UP
0 ' 0
EXHIBIT E
PHASE I - ENVIRONMENTAL AUDIT
MIAMI SPRINGS GOLF COURSE
650 CURTISS PARKWAY
MIAMI SPRINGS, DADE COUNTY, FLORIDA
DUNE 25, 1997
PREPARED BY:
AB2MT CONSULTANTS, INC.
9400 SOUTH DADELAND BOULEVARD
SUITE 370
MIAMI, DADE COUNTY, FLORIDA
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
9'7- 558
PHASE I - ENVIRONMENTAL AUDIT
MIAMI SPRINGS GOLF COURSE
650 CURTISS PARKWAY
MIAMI SPRINGS, DADE COUNTY, FLORIDA
JUNE 25, 1997
1.0 INTRODUCTION %
1.1 Background
On May 29, 1997 AB2MT Consultants, Inc., (AB2MT) was authorized by the City of Miami to
conduct a Phase I - Environmental Audit for the property designated as "Miami Springs Golf
Course" located at 650 Curtiss Parkway, Miami Springs, Dade County, Florida. The site lies
within Section 19, Township 53 South, Range 41 East and Section 24, Township 53 South,
Range 40 East (see Figure 1 - Site Location Sketch).
This Audit was to include the research of available public records to determine whether
environmental citations have been issued to the subject site and/or surrounding properties; a
review of aerial photographs and other informational resources in order to evaluate prior land .
uses` at the subject property; a compilation of information on water supply, sewage disposal,
stormwater drainage systems, and other public facilities which may have influenced the
environmental integrity of the subject site; and an on -site inspection to identify existing or
potentially hazardous environmental conditions.
It should be noted that this Audit is not all inclusive with respect to each and every environmental
regulation. Services such as a full Environmental Compliance Inspection, a hazardous chemical
inventory pursuant to Federal Superfund Amendments and Reauthorization Act (SARA) Title III,
or an assessment of worker health and safety issues related to Occupational Safety and Health
Administration (OSHA) regulations, exist outside the scope of this Environmental Audit.
Nevertheless, any obvious concerns associated with these non -related issues observed during the
site inspection would be duly noted herein.
Based upon the Phase I research described above and the observations of the on -site inspection,
this firm was to provide a determination regarding the status of environmental compliance at the
subject site and/or prepare appropriate recommendations for the site.
i
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
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2.0 SITE SPECIFIC INFORMATION
2.1 Site Description
The subject property is approximately 183.57 acres in size and is currently utilized as the Miami
Springs Golf Course. The subject site has been improved with,four (4) separate concrete block
and stucco (CBS) buildings further described as follows: a single story concrete block and stucco
(CBS) clubhouse/restaurant; a single story CBS maintenance building; and two (2) CBS
storage/garage buildings (refer to Figure 2 - Site Sketch).
2.2 Legal Description
The legal description of the subject site, provided to AB2MT by the Client, is attached hereto as
Exhibit I.
Dade County Tax Folio records on -file with the Dade County Public Service Department indicate
the following information related to the subject site:
Folio Owner Year Constructed
30-6019-001-0010 City of Miami 1955
2.3 Surrounding Uses
The subject property is located within the City of Miami Springs, Dade County, Florida in an..area .
primarily consisting of residential uses. It is bordered to the north, south, east and west by
residential uses. A Surrounding Uses Sketch is provided as Figure 3.
2.4 Zoning
The subject property is zoned "P-1" (Public Property), a zoning classification in accordance with
the City of Miami Springs Official Zoning Atlas and Comprehensive Development Master Plan of
the Land.
3.0 SITE USE - HISTORICAL
Potential environmental impacts relating to past uses of the subject site were investigated by
means of a visual review of aerial photographs on -file with the Dade County Public Works
Department, in addition to a compilation of various site history records.
3.1 Aerial Review
Aerial photographs reviewed include the following years: 1963, 1967, 1969 and 1971 through
1997 inclusive. A summary of land uses noted on the aerial photographs, at and adjacent to the
subject property, is provided below.
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A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670'e�1016 g
1963-85 The subject property appears as it currently exists, with the exception of a
structure which is visible south of the 1-story storage and garage building located
directly northeast of the maintenance building. Residential uses are noted to the
north, south, east and west of the subject property.
1989 The structure discussed above has been razed. A concrete slab is observed at the
former location of the structure. No additional changes are observed.
1990-97 No significant changes are noted at or adjacent to the subject property. The
subject property and surrounding properties appear as they currently exist. A copy
of that portion of the 1997 aerial photograph, which includes the subject property,
is provided as Exhibit II.
3.2 Bresser and Polk Directories
Bresser and Polk Directories on -file at the Main Library of the Miami -Dade Public Library System
were reviewed in efforts to establish historical uses at the subject property. The available
directories on -file for that portion of the City of Miami Springs in which the subject property is
located date from 1925 to 1989. It should be noted that the subject property was first listed by
street address in the 1957 Polk Directory. A chronological listing of uses at the subject property
from 1957 to 1989 follows:
Year Address Use
1957-89 650 Curtiss Parkway Miami Springs Country Club
3.3 Sanborn Fire Insurance Map Review
In efforts to document the potential historical storage of hazardous materials at the subject
property, Sanborn Fire Insurance Maps for Dade County were examined. All of the Sanborn
Maps, on -file at both the Main Library of the Miami -Dade Public Library System and the
Mapping and Geographic Department of Environmental Risk_ Information, & Imaging Services
(ERIIS) failed to include that portion of the City of Miami .Springs in which the subject property,,,
is located. Consequently, the presence of hazardous liquid storage tanks located at the subject
site could not be determined based on said maps.
3.4 Summary i
Based on a compilation of research discussed above, it has been concluded that the subject
property has been utilized as the Miami Springs Country Club and Golf Course from (circa) 1955
until the present.
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AB2MT CONSULTANTS, INC. a ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016.
91- ��
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•
4.0 UTILITIES
4.1 Public Water Supply/Sanitary Sewage Collection
Water and sewer atlas information was reviewed as part of this report to determine whether
public water supply and/or sanitary sewage collection systems are available to the subject
property.
According to sewer atlas information provided by Mr. Bill Wilson of the Miami Springs Water
and Sewer Department, public sanitary sewer service is available to the subject property via an 8
inch diameter gravity sewer main running within the Curtiss Parkway right-of-way corridor.
Water atlas information indicates that public water supply is available to the subject property via
an 8 inch diameter water main running within the Curtiss Parkway right-of-way corridor.
According to "as -built" information, public water supply has been available to the subject
property since (circa) 1945 and sanitary sewer service has been available since (circa) 1972.
Sewage disposal at the maintenance facility is provided by an on -site septic tank system.
However, the actual location and construction details of the septic tank system could not be
determined based upon field observations. Additionally, historical building plans were not on -file
with the Microfilm Department of the Dade County Department of Planning, Development and
Regulation. For additional discussion on the septic tank system serving the maintenance facility
see section 9.0 CONCLUSIONS AND RECOMMENDATIONS.
4.2 Stormwater Drainage
Based on field observations, no formal stormwater drainage system exists for the subject property.
Stormwater percolates directly into the exposed surface soils. However, a single catch basin is
located in the rear of the maintenance building. This catch basin discharges directly to the
adjacent canal. For additional discussion on the catch basin which discharges to the canal refer
below to subsection 5.2 Dade County Records.
It should be noted that if the s„hig���;�i.�_de�eloned or the clubh�uce/recta„rant h,�ing
and maintenance building arm ed ;+ aVj hirPnnthat
t a etnrmwatnr drainage sustew he
Tesianed and constructed in conform I rV, with all annlirahle rearulations in _effect at that tiYr,e_
retardent catchb&
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AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97 -
5.0 ENVIRONMENTAL RECORDS
5.1 Federal and State Records
The United States Environmental Protection Agency (EPA) and the Florida Department of
Environmental Protection (FDEP) maintain computer database information systems which serve
to store information for certain monitored and/or regulated facilities. By utilizing Environmental
Risk Information & Imaging Services' (ERIIS) "ASTM Summary Radius Statistical Profile", the
following databases were selected during the environmental records research portion of this audit:
National Priorities List (NPL); Comprehensive Environmental Response Compensation and
Liability Information System (CERCLIS); Resource Conservation and Recovery Information
System (RCRIS); Emergency Response Notification System (ERNS); Florida Leaking Storage
Tank Report (LRST); Florida Stationary Tank Inventory (RST); Florida Solid Waste Facilities
(SWF); Florida Sites List (HWS); No Further Remedial Action Planned Sites (NFRAP); and the
Metropolitan Dade County Regulatory Database Report (SPILLS) databases.
The NPL database report, also known as the Superfund List, is an EPA listing of uncontrolled or
abandoned hazardous waste sites. The CERCLIS database report is a comprehensive listing of
known or suspected uncontrolled or abandoned hazardous waste sites. The RCRIS database
report lists those facilities and/or locations that are handling, storing, generating and/or
transporting hazardous materials or waste. The RCRIS classifies these sites as either large
quantity generators or small quantity generators of hazardous waste. The ERNS database report
is a national computer database used to accumulate information on releases of oil and hazardous
substances and identifies those facilities and/or locations that have been reported to EPA for the
release of potentially hazardous material(s). The LRST database is a comprehensive listing of all
petroleum storage tank systems located within the State of Florida which have reported a release
of petroleum products. The RST database lists both aboveground and underground petroleum
storage tank systems registered with the FDEP. The SWF database lists all active and inactive
permitted solid waste landfills and processing facilities operating within the State of Florida. 'The
HWS database is a listing of properties that are categorized by the FDEP as potentially hazardous.
The NFRAP database lists those sites which have been removed from the EPA's CERCLIS
database. The SPILLS database report contains information on sites which are tracked by the
Metropolitan Dade County Department of Environmental Resources Management (DERM). -
The NPL database report (extracted 5/23/97), the CERCLIS database report (extracted 5/23/97),
the RCRIS database report (extracted 3/14/97), the ERNS database report (extracted 5/09/97),
the LRST database report (extracted 1/03/97), the RST database report extracted 4/18/97-1, the
SWF database report (extracted 4/11/97), the HWS database report (extracted 6/09/95) and the
NFRAP database report (extracted 5/23/97) all failed to list the subject property. However, the
SPILLS database (extracted 4/25/97) lists t_ he �►� �P^* r--r = -- - ^��_ '+;�==�hirh is ith r tracked
and/or permitted by DERM. Copies of the database reports are included as Exhibit III.
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AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
91— 5 5(
5.2 Dade County Records
The Metropolitan Dade County Department of Environmental Resources Management (DERM)
maintains enforcement records by name (company or individual) and by street address. A review
of the current enforcement cases provided by DERM indicates that enforcement actions will be
initiated against the subject property.
DERM also maintains permit/tracking records regarding underground storage tank (UST)
systems; facilities which handle, store and/or generate industrial/hazardous materials or wastes; air
pollution facilities; agricultural facilities; and, marine facilities. A review of DERM's
permit/tracking lists failed to indicate that the,subject property has ever been permitted and/or
tracked by DERM for these activities. However, the subject site is permitted by the Agricultural
Waste Section of DERM (AW-234). The following discussion pertains to information obtained
from DERM records regarding the subject property.
Miami Springs Golf Course
650 Curtiss Parkway
Miami Springs, Dade County, Florida
AW-234
According to a DERM inspection report dated June 21, 1994, the Miami Springs Golf Course
maintains a maintenance facility on the northwestern portion of the subject property. During the
DERM inspection of this facility, a concrete wash pad was observed on the northern side of the
maintenance building. Apparently, wastewater from washing activities is collected by a single
catch basin located in the concrete wash pad and discharges to an adjacent canal. Two (2)
aboveground storage tanks are located in the maintenance building area. One (1) 500-gallon
capacity AGT used to contain gasoline is stored outside the ' maintenance building to the
northwest; the 500-gallon tank is provided with secondary containment. A 250-gallon capacity
AGT used to contain diesel fuel is located within the maintenance building.
The DERM inspection report also noted that the maintenance building was served by a septic tank
system for on -site sewage disposal. A copy of a Site Plan of the Miami Springs Golf Course
Maintenance Facility which was prepared by a DERM representative is included as Exhibit IV. _
Based on observations noted during the site inspection of June 21, 1994, DERM required that the
septic tank be accessible during the next inspection. In a letter dated August 19, 1994, DERM
issued a Notice of Violation and Orders for Corrective Aciions (NOV) to this facility for failure to
apply for a DERM operating permit and for failure to provide access to the on -site septic4ank
(see Exhibit V). On December 6, 1994, DERM issued a Notice of Required Connection based
upon the fact that the maintenance facility had not connected to the available public sanitary sewer
system running either within the Curtiss Parkway right-of-way or Deer Run right-of-way
corridors (refer to Exhibit VI). An additional DERM inspection was conducted on February 2,
1996 and samples were collected from the septic tank and catch basin located in the concrete
wash pad. Laborato�analyses revealed elevat . levels of n11 � -Pace in the QP i . ank and
catch basin- in rlrliti�n to PlPvated le�vel�m is in the .atch basin. A copy of the DERM
inspection report dated February 2, 1996 and Laboratory Analysis Records are attached as Exhibit
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AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
VII. Based on the results of the laboratory analytical reports DERM required, by letter dated
April 5, 1996, that this facility cease further discharges to the catch basin (see Exhibit VIII).
Additionally, DERM required that the contents of the catch basin be pumped out and properly
disposed. A second DERM letter dated October 3, 1996 lists several concerns observed at the
maintenance facility by a DERM representative on October 2, 1996; this letter is included as
Exhibit IX. The last correspondence in the DERM file relates to a letter dated December 20,
1996 and discusses the s (refer
to Exhibit X). No additional information was available; however, it should be noted that Mr.
Mark Petitt, with the Enforcement Section of DERM, is currently administering this case and can
be reached at 372-6789.
5.3 Environmental Records For Surrounding Properties
Surrounding properties were researched as part of this report by reviewing Federal and State
environmental database reports located within the applicable American Society for Testing and
Materials (ASTM) search radius for each database report, and Dade County DERM enforcement
and permit/tracking records for other properties located within one -quarter mile of the subject
property. This was performed in order to evaluate the potential for contamination migration to
the subject property. However, in each case, the database reports included in the ASTM
Summary Radius Statistical Profile, in addition to a compilation of information available in DERM
records concerning these other properties did not suggest that any site in proximity to the subject
property has adversely impacted on -site environmental conditions as of the writing of this report.
An ERIIS Digital Site Map which is included as Exhibit XI depicts the location of those
properties included in the ASTM Summary Radius Statistical Profile database reports which are
attached as Exhibit 111.
6.0 SENSITIVE ENVIRONMENTAL AREAS
6.1 Dade County Wellfield Protection Area
According to the Metropolitan Dade County Wellfield Protection Area Map, the subject site is
presently located within the "10 day and 30 day" travel time contour for the combined Hialeah,
John E. Preston, Miami Springs Upper and Miami Springs Lower public water supply welifield
cone -of -influence (COI) as currently computer modeled by DERM. Therefore, the subject
property is subject to certain restrictions set forth in Section 24-12.1, Metropolitan Dade County
Code. A copy of a portion of the Dade County Wellfield Protection Area Map has been included
as Exhibit XII in order to depict the location of the subject property in relation to the welifield
COI.
6.2 Solid Waste Sites, Landfills and Dumps
f
DERM's Dade County Solid Waste Sites Map, dated 1994, depicts the locations of existing
and/or former solid waste sites, Superfund sites, landfills, lakefills and dumps located within Dade
County. Each of these sites are identified on the map by a hatched area with a designated number.
The approximate location of the subject property has been marked on the map with a graphic
7
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97-
symbol "Site Location". As is indicated by the Dade County Solid Waste Sites Map, the subject
property is not located at or adjacent to any Superfund sites, landfills, lakefills and dumps located
within Dade County. A copy of the Dade County Solid Waste Sites Map has been included as
Exhibit XIII.
6.3 Wetlands
According to DERM's Wetlands Permit Basin Map of Dade County, dated 1990, the subject site
is not located within a wetlands area. The wetland areas identified by DERM are depicted on the
map by various hatched regions. The approximate location of the subject property has been
marked on the map with a graphic symbol "Site Location". A copy of a portion of DERM's
Wetlands Permit Basin Map is attached as Exhibit XIV.
7.0 SUPPLEMENTAL INFORMATION
7.1 Groundwater Flow Direction
The regional groundwater flow direction for the subject property appears to be generally in an
east -southeasterly direction based upon the Average Ground -Water Level elevation contour map
contained in the Water Control Design Manual of the Public Works Manual (revised 1977), as
published by the Metropolitan Dade County Public Works Department. Refer to Exhibit XV for a
copy of the Average Ground -Water Level elevation contour map. However, groundwater flow
patterns in the vicinity of the site may be influenced' by reactivation of the combined Hialeah, John
E. Preston, Miami Springs Upper and Miami Springs Lower public water supply wellfields in
August and September of 1992. Therefore, with regards to the foregoing it is anticipated' .that
groundwater flow at this specific site will be in a northerly or westerly direction.
7.2 Polychlorinated Biphenyl (PCB) Survey
In order to determine the ownership, PCB status and condition of on -site electrical equipment, a
request for PCB related information was submitted to Florida Power and Light (FPL). According
to Mr. Robert Schimansky, South Area Environmental Coordinator with FPL, the FPL Company
owns and operates all on -site electrical equipment. Furthermore, within the last ten years FPL has .`
replaced all of it's known PCB containing equipment, and if on -site electrical equipment should
leak, FPL would assume responsibility for cleanup and disposal of PCB -containing material.
7.3 Limited Asbestos Survey
A Limited asbestos survey was conducted on June 12, 1997 for the clubhouse/restaurant building,
maintenance building and two (2) storage and garage buildings by Evans Environmental &
Geological Science and Management, Inc. (EE&G). The purpose of the limited asbestos survey
was to determine the presence, extent and condition of any asbestos -containing materials
(ACM's) within the interiors of the above referenced structures. According to EE&G's reports
included as Exhibit XVI, AC It aM7AHU)
reMn. All otyle
8
A82MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
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8.0 SITE RECONNAISSANCE
8.1 , Site Inspection
On June 18, 1997 Ms. Dawn B. Utset with AB2MT inspected the subject property and observed
conditions which were consistent with the descriptions provided herein. Photographs of the site
are included as Exhibit XVII.
1. The subject property is comprised of a total of approximately 183.5 acres which is used by
the Miami Springs Golf Course. The subject site has been improved with four (4) separate
concrete block and stucco (CBS) buildings further described as follows: a single story
concrete block and stucco (CBS) clubhouse/restaurant; a single story CBS maintenance
building; and two (2) CBS storage/garage buildings (refer to Figure 2 - Site Sketch).
2. No containers, drums, aboveground storage tanks (AGT's) or other aboveground storage
unit containing hazardous materials and/or liquid waste were noted at either the
clubhouse/restaurant or two (2) storage/garage buildings.
3. No evidence of an underground storage tank (UST) system was observed at either the
clubhouse/restaurant or two (2) storage/garage buildings (e.g., concrete pads, fill port
and/or vent pipes). I
4. No evidence of leaking electrical transformers was observed on -site.
5. No formal stormwater drainage systems exist at either the clubhouse/restaurant or two (2)
storage/garage buildings. Stormwater percolates directly into the exposed surface soils.
6. No stained soil or stressed vegetation was observed at either the clubhouse/restaurant or ,
two (2) storage/garage buildings which would be indicative of a release of hazardous
materials, wastes or petroleum products to the ,open ground.
7. A maintenance facility is located on the northwestern portion of the golf course. At the
time the site inspection was conducted by a representative of AB2MT, on -site personnel
were leaving the site. Consequently, the types of mechanical repairs conducted on -site
could not be confirmed. None of the bay doors of the maintenance facility have/spill
containment berms which would prevent discharges of liquid wastes outside the building.
8. It appears that some oil changes and minor engine repairs are conducted in the western
bay of the maintenance building. Apparently, oil dry is used to handle any spills which
occur in the maintenance building. Floor drains are not located in this area. A mop and
bucket were observed adjacent to the rear bay door; however, it is unclear how the
wastewater from floor mopping activities is disposed. The rear bay door leads out to a
concrete wash pad. Refer to Exhibit IV -Site Plan which depicts the location of the
9-
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 6 0 1016 8
concrete wash pad. A single catch basin is located in the concrete wash pad and
discharges directly to a canal. It is not known if this area is currently being used to wash
equipment. Oily water and sludge were observed in the catch basin.
9. One (1) 500 gallon capacity AGT used to store gasoline for lawn maintenance equipment
is located west of the concrete wash pad. The AGT is provided with secondary
containment. Neither stained soil nor stressed vegetation were observed near the AGT.
10. Pesticides are stored in the middle bay area and are surrounded by a chain link fence. No
floor drains were noted in this area.
11. Fertilizers are stored in the eastern bay. No floor drains were noted in this area. A 250-
gallon capacity AGT used'to contain diesel fuel for lawn equipment is stored adjacent to
the fertilizer. The AGT does not have secondary containment. Stains were observed in
the area of the AGT.
12. According to a DERM Site Plan included as Exhibit IV, the septic tank system serving the
maintenance facility is located on the east side of the building. However, the location and
configuration of the on -site septic tank system could not be determined based upon field
observations.
13. No disposal receipts/manifests were available for review. Inspection of the maintenance
building revealed poor housekeeping practices pursuant to DERM's "Best Management
Practices for Mechanical Repair Facilities" and FDEP "Best Management Practices for
Golf Course Maintenance Departments", copies of which have been included as Exhibit
XVIII.
14. No evidence of any existing UST's was noted near the maintenance building (e.g., fill -
ports, vent pipes, etc.).
15. Adjacent properties were inspected via public rights -of -way. In each case, no obvious
sign of an environmental threat to the subject property was observed in the vicinity (e.g.,
stressed vegetation, improper storage of hazardous materials and/or wastes, leaking
electrical transformers, etc.).
10
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
Ii — :�
9.0 CONCLUSIONS AND RECOMMENDATIONS
Based upon the research discussed within the Phase I report, this al
for�nd/or_g�dwater contamination to exist at the maintenance build_ ing.
The first area of concern relates to the catch basin which discha gc. .direrrly to the adjacent canal.
Considering, the nature of the materials historically used on -site (e.g. waste oil, solvents,
fertilizers, pesticides, petroleum products, etc.) and visual evidence of oily water in the structure,
it appears that these materials have been discharged to this catch basin. Therefore, this firm
recommends_t at the catch hasin he p imp .d wai ad nroperly abandoned by licensed contractor
to
in the
It isalso recommended that soil
soil
Wation is discovered. 9round3yater assessment may also be
recommended.
The facility's maintenance building is served by an on -site septic tank. Septic tanks are designed
to allow wastewater to exfiltrate from a drainfield to the surrounding soil and groundwater.
Therefore, any improper disposal or discharge of industrial/hazardous materials and/or wastes
(e.g., waste oil, solvents, pesticides or herbicides) to the septic tank system may have been
released to the surrounding soil and/or groundwater. It is the opinion of this firm that it would be
prudent to assess the septic tank drainfield aroma cf 1hQ allbjegt sjIg gonsideriU the nature 'of the
materials hjstnrical��y na --d currently used on -site. This woul hP arcomlished by the collection
and analysis of soil samples and the installation ands p g of a groundwater monitoring well in
the vicinity of the septic tank drainfield. If historical building plans are not available, it would be
necessary to have a licensed plumber determine the location of the septic tank drainfield.
This firm also recommends the following:
1) All mechanical repairs should be conducted on an impervious surface to prevent
any potential spills of hazardous or industrial materials and/or wastes to the open
ground.
2) DERM's "Best Management Practices for Mechanical Repair Facilities" and
FDEP's "Best Management Practices for Golf Course Maintenance Departments,
which are- attached as Exhibit XVHI, should be implemented at the maintenance
facility.
3) A compliance inspection should be conducted and waste manifest/disposal records
should be reviewed in order to evaluate the facility's level of compliance with
DERM's Best Management Practices and FDEP's Best Management Practices, as
well as aboveground storage tank regulations.
11
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
4) Spill containment berms should be installed at all of the bay doors of the
maintenance facility to prevent discharges of hazardous and industrial materials
and/or wastes to the open ground.
5) Connection of all on -site buildings to available public sanitary sewers and
abandonment of all on -site septic tanks should be expedited.
It should be noted that the statements made in this report represent our( professional opinion,
based upon the data available at the time of the writing of this report and cannot be considered as
an absolute "guarantee" of the environmental conditions and related information discussed. In
addition, future activities at the subject site or nearby properties may result in a change in the
conditions discussed herein. Finally. it is this firm's opinion that it is generally prudent to conduct
soil and/or groundwater sampling in order to establish background environmental conditions.
PREPARED BY:
Dawn B. Utset
Environmental Technician
12
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670 . 016 55`�,,E
��-
SCALE: 1:24 000
1 .8 0 1 ,
KUM
1000 0 1000 2000 3000 4000 0000 8000 7000 8000 9000 10 000
T�gEr
1 .8 0 ED.Om TERB 1 2
1000 0 mrnm 1000 2000
NATIONAL GEODETIC VERTICAL DATUM OF IM
CONTOUR INTERVAL 5 FEET
SITE LOCATION SKETCH
MIAMI SPRINGS GOLF COURSE A M T CONSULTANTS, INC. FlE
650 CURTIS$ PARKWAY 2
MIAMI SPRINGS, FLORIDA ENGINEERING ENVLAONMENTA p�,
EXHIBIT I
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-101,6
97- 558
DESCRIPTION:
FOR THE POINT OF OGINNING COMMENCE AT THE SW EAST CORNER
QF SECTION 24, TOWNSHIP 53 SOUTH,.RANGE 40 EAST; THENCE RUN
NORTH ALONG THE RANGE LINE 480 FEET TO THE POINT OF BEGINNING
OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE RUN
N88°38'00"W PARALLEL TO THE SOUTHERN BOUNDARY OF SAID SECTION
24, TOWNSHIP 53 SOUTH, RANGE 40 EAST, 2340.55 FEET.TO THE
POINT OF CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS 200
-FEET, CENTRAL ANGLES 901000,00"; THENCE ALONG SAID CURVE
314.16 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE
N1.22'00"E, 200 FEET TO THE POINT OF CURVE OF A CURVE TO THE
R110HT WHICH RADIUS•IS.2.00 FEET, CENTRAL ANGLE 90'000'00";
THENCE ALONG SAID CURVE 314.16 FEET TO THE POINT OF TANGENT
OF SAID CURVE; THENCE SE38*-3B'00"E.PARALLEL TO THE SOUTHERN
BOUNDARY OF SAI.D'SEC.TION 24, 5 FEET TO THE POINT OF,CURVE OF
A CURVE T❑ THL LEFT WHICH RADIUS -IS 320..5 FEET,- CENTRAL
ANGLE 90* 00* 00"; THENCE .ALONG SAID CURVE 503. 05 FEET TO THE
POINT OF TANGENT OF SAID-CURVE;'THENCE N1'22'00"E,4459.02 FEET
TO THE POINT OF CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS
320.25 FEET, CENTRAL ANGLE 90°00'00"; THENCE ALONG SAID CURVE
%503.05 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE
SSB°38.100"E PARALLEL TO THE SOUTHERN BOUNDARY OF SAID SECTION
24, 1654.50 FEET TO THE INTERSECTION OF THE EAST LINE OF SAID
SECTION 24 AND THE POINT OF CURVE OF A CURVE TO 1HE RIGHT
WHICH RADIUS IS 591.83 FEET, CENTRAL ANGLE 59623'00"; THENCE
INTO SECTION 19, TOWNSHIP' 53 SOUTH, RANGE 41 .EAST, ALONG SAID
CURVE 406.79 FEET TO'THE POINT OF TANGENT OF SAID CURVE;
THENCE S49015'00"E, 2137.19 FEET TO THE POINT OF A CURVE OF
A CURVE TO THE RIGHT WHICH RADIUS IF 672.47 FEET, CENTRAL
ANGLE 91*26'0011; THENCE ALONG SAID CURVE 1073.5 FEET TO THE
POINT OF REVERSE CURVE OF A CURVE TO THE LEFT WHICH RADIUS IS
a 605.93 FEET, CENTRAL ANGLE 32-30.00"; THENCE ALONG SAID CURVE
343.7 FEET TO THE POINT OF REVERSE CURVE OF A CURVE TO THE
RIGHT WHICH RADIUS IS 452.04 FEET, CENTRAL ANGLE 79-30-00";'.
THENCE ALONG SAID CURVE 600.58 FEET 10 THE POINT OF TANGENT
OF SAID CURVE; THENCE 589'013'00"W, 595.0 FEET TO THE POINT (IF
A CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS 400.78 FEET,
CENTRAL ANGLE 90'47'00"; THENCE ALONG SAID CURVE 642.01 FEET,
TO THE POINT OF TANGENT,OF SAID CURVE; THENCE DUE NORTH
PARALLEL TO THE EAST LINE OF SAID SECTION 24, TOWNSHIP 53
SOUTH, RANGE 40 EAST, 771.39 FEET TO THE POINT OF CURVE TO
THE LEFT WHICH RADIUS 15 150 FEET, CENTRAL ANGLE 75-43'00";
THENCE ALONG SAID CURVE 198.23 FEET TO THE POINT OF REVERSE
CURVE OF A CURVE TO THE RIGHT WHICH RADIUS IS 150 FEET,
CENTRAL ANGLE 77005*00"; THENCE ALONG SAID CURVE 199.06 FEET
TO THE INTERSECTION OF THE LINE PARALLEL TO THE SOUTH LINE OF
SAID SECTION 24, AND 460 FEET NORTH OF THE SAME SOUTH LINE
PRODUCED EASTERLY FROM THE EAST LINE OF SAID SECTION 24;
THENCE N88038'00"W ON A RADIAL LINE OF LAST MENTIONED CURVE
PRODUCED 254.0 FEET TO THE POINT- OF BEGINNING, CONTAINING 1$3.ro0
ACRES MORE OR LESS, LESS AND EXCEPT THAT PORTION OF THE
ASPHALT PAVEMENT ROADWAY OF CURTISS PARKWAY LYING WITHIN.THE
ABOVE DESCRIBED PROPERTY AS SHOWN ON OUR SURVEY No. �R-OS-Coq
CONTAINING THE FOLLOWING :
GROSS ACREAGE 183.60 +—
EXCEPTED PARCEL = 1.33
•
EXHIBIT II
97- 558
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
kJ
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MIAMI SPRINGS. GOLF COURSE 1997 AERIAL PHOTOGRAPH 00004'�o
'004'0'
6.50 CURTISS PARKWAY
7o AB C.
LAI 4 LAI 1r A 2MT CONSULTANTS, IN
•
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EXHIBIT III
A132MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
ERIIS Summary Report
0 r 0
SUBJECT PROPERTY: MIAMI GOLF COURSE
650 CURTISS PARKWAY
MIAMI, FL 33166
ORDERED BY: AB2MT (DAWN B. UTSET)
REPORT NUMBER: 171379A
PREPARED ON: 06/09/97
ERIIS DISCLAIMER
The Information contained in the ERIIS Report has been obtained from publicly available data sources
and other secondary sources of information produced by entities other than ERIIS. Although
reasonable care has been taken by ERIIS in compiling the information contained in the Report, ERIIS
disclaims any and all liability for any errors, omissions or inaccuracies in this information. THIS
REPORT DOES NOT CONSTITUTE A LEGAL OR PROFESSIONAL OPINION AND IS NOT AN ENVIRONMENTAL RISK AUDIT OR
ASSESSMENT. THE DATA AND REPORTS ARE PROVIDED "AS IS". ERIIS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER WITH RESPECT TO THE DATA OR THE REPORTS INCLUDING, BUT NOT LIMITED TO, THEIR
CORRECTNESS, COMPLETENESS, CURRENTNESS, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE
SUCH REPRESENTATIONS OR WARRANTIES TO BE IMPLIED WITH RESPECT TO THE DATA OR REPORTS FURNISHED AND
ERIIS ASSUMES NO RESPONSIBILITY WITH RESPECT TO THE PURCHASER'S USE THEREOF. ERIIS SHALL HAVE NO
LIABILITY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INACCURACY OR DEFECT OR OMISSION IN PROCURING,
COMPILING,' COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE REPORTS OR DATA OR/
ANY OTHER MATTER RELATED TO CUSTOMER'S USE OF THE SERVICE, WITHOUT LIMITING THE GENERALITY OF THE/
FOREGOING. NONE OF ERIIS, ITS PARTNERS, OFFICERS, EMPLOYEES OR DATA SUPPLIERS SHALL IN ANY EVENT
HAVE ANY LIABILITY FOR LOST PROFITS OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES. Each Report is valid only for the geographical parameters and as of
the date specified on the cover page of such Report, and any alteration or deviation from the
description, or any subsequent use, will require a new Report. In the case of any Data obtained
from a Data Supplier, ERIIS will advise the Data Supplier of any inaccuracies reported to it, but
can take no responsibility for the accuracy or completeness of the Data provided to the Purchaser
under this Agreement.
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
9 7 - 5 35 8
ERIIS Summary Statistical Profile
ERIIS Report #171379A Jun 9, 1997
SITE: MIAMI GOLF COURSE Latitude: 25.814164
650 CURTISS PARKWAY Longitude:-80.287954
MIAMI, FL 33166
State: FL
` DATABASE
RADIUS (MI) TARGET AREA**
PROPERTY-1/4
1/4-1/2
1/2-1
>1 TOTAL
NPL
1.00
0
0
1
1
CERCLIS
0.50
0
0
0
RCRIS_TS
1.00
0
0
0
0
RCRIS LG
0.25
0
0
RCRIS_S(3
0.25
0
0
ERNS
0.05
0
0
LRST
0.50
0
6
6
RST
0.25
0
0
SWF
0.50
0
0
0
HWS
1.00
0
0
0
0
NFRAP
0.50
0
0
0
MSITES
0.25
0
0
SPILLS.
0.25
0
0
0 6 1 0 7
TOPO QUAD: Hialeah
Radon Zone Level: 2
Zone 2 has a predicted average indoor screening level x 2 pCi/L and <= 4 pCi/L
A Radon Zone should not be used to determine if individual homes need to be tested for radon.
The EPA's Office of Radiation and Indoor Air (202/233-9320) recommends that all homes be tested for radon,
regardless of, geographic location or the zone designation in which the property is located.
**A target area is defined as a .02 mile buffer around the site's latitude and longitude.
A blank radius count indicates that the database was not searched by this radius per client instructions.
NR in a radius -count indicates that the database cannot be reported by this search criteria due to insufficient
and/or inaccurate addresses reported by a federal/state agency.
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • .PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- "
*ONMENTAL RISK INFORMATION & IMAGING S*ES —
DATABASE REFERENCE GUIDE
NPL National Priorities List
Date of Data: 04/01/97
Release Date: 05/06/97
Date on System: 05/23/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
703/603-8861
CERCLIS
Date of Data: 04/01/97
Release Date: 05/06/97
Date on System: 05/23/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
703/603-8730
RCRIS_TS
Date of Data: 10/01/96
Release Date: 12/16/96
Date on System: 03/14/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
800/424-9346
RCRIS_LG
Date of Data: 10/01/96
Release Date: 12/16/96
Date on System: 03/14/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
800/424-9346
The NPL Report is an EPA listing of the nation's worst
uncontrolled or abandoned hazardous waste sites. NPL sites
are targeted for possible long-term remedial action under the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980. In addition, the NPL Report
includes information concerning cleanup agreements between
EPA and Potentially Responsible Parties (commonly called
Records of Decision, or RODS), any liens filed against
contaminated properties, as well as the past and current EPA
budget expenditures tracked within the Superfund Consolidated
Accomplishments Plan (SCAP).
Comprehensive Environmental Response, Compensation, and
Liability Information System
The CERCLIS Database is a comprehensive listing of known or
suspected uncontrolled or abandoned hazardous waste sites.
These sites have either been investigated, or are currently
under investigation by the U.S. EPA for the release, or
threatened release of hazardous substances. Once a site is
placed in CERCLIS, it may be subjected to several levels of
review and evaluation, and ultimately placed on the National
Priorities List (NPL). In addition to site events and
milestone dates, the CERCLIS Report also contains financial
information from the Superfund Consolidated Accomplishments
Plan (SCAP) .
Resource Conservation and Recovery information System -
Treatment, Storage, And Disposal Facilities
The RCRIS_TS Report contains information pertaining to
facilities which either treat, store, or dispose.of EPA
regulated hazardous waste. The following information is also
included in the RCRIS_TS Report:
- Information pertaining to the status of facilities tracked
by the RCRA Administrative Action Tracking System (RANTS)
- Inspections & evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed & actual penalties
Information pertaining to corrective actions undertaken by
the facility or EPA
- A complete listing of EPA regulated hazardous wastes which
are generated or stored on -site
Resource Conservation and Recovery information System - Large
Quantity Generators
The RCRIS_LG Report contains information pertaining to
facilities which either generate more than 1000kg of EPA
regulated hazardous waste per month, or meet other applicable
requirements of the Resource Conservation And Recovery Act.
The following information is also included in the RCRIS_LG
Report:
- Information pertaining to the status of facilities tracked
by the RCRA Administrative Action Tracking System (RANTS)
- Inspections & evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed & actual penalties
- Information pertaining to corrective actions undertaken by
the facility or EPA
- A complete listing of EPA regulated hazardous wastes which
are generated or stored on -site
AB2MT CONSULTANTS, INC. • ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
4%— _N NQa
ENMENTAL RISK INFORMATION 6 IMAGING S S
DATABASE REFERENCE GUIDE
RCRIS_SG
Date of Data: 10/01/96
Release'Date: 12/16/96
Date on System: 03/14/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
800/424-9346
ERNS
LRST
RST
SWF
Date of Data: 03/20/97
Release Date: 03/31/97
Date on System: 05/09/97
US Environmental Protection Agency
Office'of Solid Waste and Emergency Response
202/260-2342
Date of Data: 02/01/97
Release Date: 02/11/97
Date on System: 01/03/97,
FL Dept. of Environmental Protection
Bureau of Information Systems
904/922-7121
Date of Data: 02/01/97
Release Date: 02/11/97
Date on System: 04/18/97
FL Dept. of Environmental Protection
Bureau of Information Systems
904/922-7121
Date of Data: 02/03/97
Release Date: 02/05/97
Date on System: 04/11/97
FL.Dept. of Environmental Protection
Bureau of Information Systems
904/922-7121
Resource Conservation and Recovery Information System - Small
Quantity Generators
The RCRIS_SG Report contains information pertaining to
facilities which either generate between 100kg and 1000kg of
EPA regulated hazardous waste per month, or meet other
applicable requirements of the Resource Conservation And
Recovery Act. On advice of the U.S. EPA, ERIIS does not
report so-called "RCRA Protective Filers." Protective Filers,
commonly called Conditionally Exempt Small Quantity
Generators (CESQG's), are facilities that have completed RCRA
notification paperwork, but are not, in fact, subject to RCRA
regulation. The determination of CESQG status is made by the
U.S. EPA. The following information is also included in the
RCRIS SG Report:
- Information pertaining to the status of facilities tracked
by the RCRA Administrative Action Tracking System (RAATS)
- Inspections 6 evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed 6 actual penalties
- Information pertaining to corrective actions undertaken by
the facility or EPA
- A complete listing of EPA regulated hazardous wastes which
are generated or stored on -site
Emergency Response Notification System
ERNS is a national computer database system that is used to
store information concerning the sudden and/or accidental
release of hazardous substances, including petroleum, into
the'environment. The ERNS Reporting System contains
preliminary information on specific releases, including the
spill location, the substance released, and the responsible
party. Please note that the information in the ERNS Report
pertains only to those releases that occured between January
1; 1997 and March 20, 2997.
Florida Leaking Storage Tank Report
The Florida Leaking Storage Tank Report (formerly the
Petroleum Contaminated Tracking System, or PCT) is a
comprehensive listing of all reported active and inactive
leaking storage tanks reported within the State of Florida.
Information for this database was extracted from the Florida
Stationary Tank Inventory (STI).
Florida Stationary Tank Inventory
The Florida Stationary Tank Inventory Report is a
comprehensive listing of all registered active and inactive
storage tanks within the State of Florida
Florida Solid Waste Facilities
The Florida Solid Waste Facilities Directory, also known as
GMS 80, is a comprehensive listing of all active and inactive
permitted solid waste landfills and processing facilities
operating within the State of Florida.
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
9'�- 558
ENNTAL RISK INFORMATION 6 IMAGING SER�S
DATABASE REFERENCE GUIDE
HWS Florida Sites List
Date of Data: 04/12/95
Release Date: 04/27/95 The Florida Sites List is a comprehensive listing of
Date on System: 06/09/95 properties that are deemed potentially hazardous by the
FL Dept. of Environmental Protection Florida Department of Environmental Protection (DEP).
Bureau of Information Systems
904/922-7121
NFRAP
Date of Data: 04/01/97
Release Date: 05/06/97
Date on System: 05/23/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
703/603-8881
MSITES
Date of Data: 11/16/95
Release Date: 12/21/95
Date on System: 03/15/96
Broward County DNRP
Enforcement Administration
305/519-1251
No Further Remedial Action Planned Sites
The No Further Remedial Action Planned Report (NFRAP), also
known as the CERCLIS Archive, contains information pertaining
to sites which have been removed from the U.S. EPA's CERCLIS
Database. NFRAP sites may be sites where, following an
initial investigation, either no contamination was found,
contamination was removed quickly without need for the site
to be placed on the NPL, or the contamination was not serious
enough to require federal Super£und action or NPL
consideration.
Broward County Florida Regulatory Database Report
The Broward County Regulatory Database Report contains
information pertaining to sites/facilities which are tracked
by the Broward County DNRP. The "Tracking Program" field
indicates the regulatory database which tracks the facility.
SPILLS Dade County Florida Regulatory Database Report
Date of Data: 02/26/97
Release Date: 04/10/97 The Dade County Regulatory Database Report contains
Date on System: 04/25/97 information pertaining to active and inactive
Dade County DERM sites/facilities which are tracked by the Dade County DERM.
Director's Office The "Tracking Program" field indicates the regulatory
305/372-6755 database which tracks the facility.
If a selected database does not appear on this list, it is not available for the subject,property's state.
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
-97- 558
ERIIS Report #171379A
Summary of Plottable sites
JUn 9, 1997
FACILITY
ERIIS ID. ADDRESS DISTANCE DIRECTION
DATABASE COMMENTS FROM SITE FROM SITE MAP ID
1/4 - 1/2 Miles
12059015313 Fair Havens Center
LRST 201 Curtiss Pky
Miami Springs, FL 33166-5222
County: Dade
22059017662 Amoco #3372
LRST 3800 Curtiss Pky
Virginia Gardens, FL 33166-7107
County: Dade
12059015605 Us Chlorine Inc
LRST 5675 Nw 36th St
Miami, FL 33166-5854
County: Dade
12059016981 Circle K #2385
LRST 5687 Nw 36th St
Miami, FL 33166-5854
County: Dade
12059016051 Union 76 Station
LRST 5701 Nw 36th St
Virginia Gardens, FL 33166-5701
County: Dade
12059015727 Texaco Martins Former
LRST 102 Curtiss Pky
Miami Springs, FL 33166-5221
County: Dade
1/2 - 1 Miles
12057000030 Varsol Spill
NPL Miami Int'1 Airport
Miami, FL 33159
County: Dade
.347 Mi
NORTHEAST 2
.353 Mi
SOUTHWEST 1
.458 Mi
SOUTHWEST 3
.460 Mi
SOUTHWEST 4
i
.463 Mi
SOUTHWEST 5
.474 Mi
NORTHEAST 6
915 Mi SOUTHEAST 7
m
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
Summary of Unplottable sites
ERIIS Report #171379A Jun 9, 1997
FACILITY
ERIIS ID.
ADDRESS
SELECTED
DATABASE
COMMENTS
BY
12008009704
Farm Store #3452
ZIP code
RCRIS_SG
1000 Hwy 70th W
Arcadia, FL 33166
County: Dade
12008009705
Farm Store #3454
ZIP code
RCRIS_SG
Hwy 70 & Carlstrom Field Rd
Arcadia, FL 33166
County: Dade -
12008009677
Farm Store #1257
ZIP code
RCRIS_SG
Hwy 473 & Northern Ave
Bassville Park, FL 33166
County: Dade
22008009720
Farm Store #2856 /
ZIP code
RCRIS_SG
Hwy 301 & Mcdonald Rd
Dade City, FL 33166
County: Dade
12008009680
Farm Store #1252
ZIP code
RCRIS_SG
2380 Us 41
Fruitland Park, FL 33166
County: Dade
12008009696
Farm Store #572
ZIP code
RCRIS_SG
900 Hwy 60 W
Lake Wales, FL 33166
County: Dade
12008009719
Farm Store #2860
ZIP code
RCRIS SG
143 Us 41 N
Land O Lakes, FL 33166
County: Dade
12008012783
Farm Store #1253
ZIP code
RCRIS_SG
Us 27 S
Leesburg, FL 33166
County: Dade
12008009664
Farm Store #383
ZIP code
RCRIS_SG
Farm Stores Inc
Lutz, FL 33166
County: Dade
12021017010
Thomas General Welding
ZIP code
SPILLS
11200 Nw S River Dr Bay 6
Medley, FL 33166
County: Dade
12044050700
Dade Concrete Pumping
ZIP code
RST
8120 Nw St
Medley, FL 33166
County: Dade
12021011415
Superior Auto Supply, Inc.
ZIP code
SPILLS
8284-86 Nw River Dr
Medley, FL 33166
County: Dade
12021011429
Alex Cabinet Shop
ZIP code
SPILLS
8312 Nw River Dr
Medley, FL 33166
County: Dade
12021003955
All Custom Cabinets
ZIP code
SPILLS
8346 B Nw River Dr
Medley, FL 33166
County: Dade
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
�"7-, 518
Summary of Unplottable sites
ERIIS R ® • eport #171379A Jun 9, 1997
FACILITY
ERIIS ID. ADDRESS SELECTED
DATABASE COMMENTS BY
12022014681
City Of Miami -country Club
ZIP
code
SPILLS
Miami, FL 33166
County: Dade
12021010725
F.r. Corporation
ZIP
code
SPILLS
5208 Nw 52 Ave
Miami, FL 33166
County: Dade
12044010982
Dade Cnty Sewer Pump Stat
ZIP
code
RST
6452 Mediterranean Blvd
Miami, FL 33166
County: Dade
12021006416
John Alden Life Insurance
ZIP
code
SPILLS
7650-65 Corporate Cente Dr
Miami, FL 33166
County: Dade
12021011244
M.b. Auto Repairs, Inc.
ZIP
code
SPILLS
7780-c Nw 56 St Company
Miami, FL 33166
County: Dade
12021011421
Prism Inc.
ZIP
code
SPILLS
8300 Exec. Ctr Dr
Miami, FL 33166
County: Dade
12021011745
American Truck & Crane
ZIP
code
SPILLS
9630 Nw River Dr
Miami, FL 33166
County: Dade
12021002325
Airways International
ZIP
code
SPILLS
M.i.a. Bldg 10
Miami, FL 33166
County: Dade
12021004892
Flagship Airlines, Inc.
ZIP
code
SPILLS.
M.i.a. Bldg 10
Miami, FL' 33166
County: Dade
12021006191
Miami Modification Center, Inc.
ZIP
code
SPILLS
M.i.a. Bldg 20
Miami, FL 33166
County: Dade
22021005300
World Airways, Inc.
ZIP
code
SPILLS
M.1.a. Bldg 35
Miami, FL 33166
County: Dade
12021016784
Millon Air, Inc.
ZIP
code
SPILLS
M.i.a. Bldg 49
Miami, FL 33166
County: Dade
12021014896.
Gulfstream International
ZIP
code
SPILLS
M.i.a. Bldg 53
Miami, FL 33166
County: Dade
12021016779
Gulfstream International
ZIP
code
SPILLS
M.i.a. Bldg 53
Miami, FL 33166
County: Dade
i
AB2MT CONSULTANTS, INC. • ENGINEERING ENVIRONMENTAL
• PLANNING
(305) 670-1011 • Fax (305) 670-1016
97- 558
® Summary of Unplottable sites 0
ERIIS Report #171379A
Jun 9, 1997
FACILITY
ERIIS ID. ADDRESS SELECTED
DATABASE COMMENTS BY
12008013405
M 6 M Aircraft Service Inc
ZIP code
RCRIS_SG
Miami Int Airport Bldg #2120
Miami, FL 33166
County: Dade
12008013214
Air Terminaling Inc
ZIP code
RCRI3_Sa
Miami Int Airport Bldg #7
Miami, FL 33166
County: Dade
12044010088
Dade Cnty Aviation Dept
ZIP code
PST
Miami Intl Airport-bldg 3047
Miami, FL 33166
County: Dade
12021015718
Dcps-miami Springs Junior
ZIP code
SPILLS
150 Royal Poinciana
Miami Springs, FL 33166
County: Dade
12013000068
Resource Recovery Of America Inc
ZIP code
RCRIS_TS
2300 Highway 60 West
Mulberry, FL 33166
County: Dade
12008009717
Farm Store.#6502
ZIP code
RCRIS_S4
99 Sr 518
New Port Richey, FL 33166
County: Dade
12008009685
Farm Store #484
ZIP code
RCRI3_SG
3575 Us 19th N
Palm Harbor, FL 33166
County: Dade
12008009658
Farm Store #361
ZIP code
RCRIS_SG
3590 Hwy 39
Plant City, FL 33166
County: Dade
12008009660
Farm Store #386
ZIP code
RCRIS_SG
102 Us 92nd E
Seffner, FL 33166
County: Dade
12008009661
Farm Store #382
ZIP code
RCRI3_SG
61th St 6 Sr 574
Seffner, FL 33166
County: Dade
12008009653
Farm Store #388
ZIP code
RCRIS_SG
1140 Fletcher Ave
Tampa, FL 33166
County: Dade
12008009651
Farm Store #384
ZIP code
RCRIS_SG
1502 Livingston Ave
Tampa, FL 33166
County: Dade
12008009708
Farm Store #374
ZIP code
RCRIS_SG
197 07 Bruce B Downs Blvd
Tampa, FL 33166
County: Dade
12021005628
East Coast Supply, Corp.
ZIP code
SPILLS
8601 Nw 81st Rd
Medley, FL 33166-2143
County: Dade
1
a
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 67A-1�16 Q
Summary of Unplottable sites
®
ERII3 Report
1�171379A
Jun 9, 1997
FACILITY
ERIIS ID.
ADDRESS
SELECTED
DATABASE
COMMENTS
BY
12021004990
Jamo, Inc.
ZIP code
SPILLS
8601 Nw 81st Rd
Medley, FL 33166-2143
County: Dade
12021011503
Sunniland Corporation
ZIP code
SPILLS
8601 Nw 81st Rd
Medley, FL 33166-2143
County: Dade
12044045520
East Coast Supply Corp
ZIP code
RST
8601 Nw 81st Rd
Miami, FL 33166-2143
County: Dade
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670 1011 •Fax (305) 670-1016
97 ���
ERIIS LIST 90REETS IN THE RADIUS
0,
ERIIS Report #171379A Jun 9, 1997
STREET NAME
E 1ST AVE
SE 1ST AVE
W 1ST AVE
E 2ND ST
W 2ND AVE
NW 36TH ST
NW 37TH TER
NW 38TH TER
NW 39TH TER
E 3RD ST
SE 3RD ST
W 3RD AVE
NW 40TH ST
NW 41ST ST
E 4TH ST
SE 4TH AVE
W 4TH ST
NW 57TH AVE
NW 58TH PL
NW 59TH AVE
E 5TH ST
SE 5TH ST
W 5TH ST
NW 60TH CT
NW 62ND AVE
NW 63RD CT
NW 64TH AVE
NW 65TH AVE
NW 66TH AVE
E 6TH ST
BE 6TH ST
W 6TH ST
W 7TH ST
ALBATROSS ST
APACHE ST
AZURE WAY
BEVERLY DR
CANAL ST
SW CANAL ST
CARDINAL ST
CARLISLE DR
CHEROKEE ST
CHIPPEWA ST
CIRCLE DR
E CIRCLE DR
CORYDON DR
CRESCENT DR
CROSS ST
CURTISS PKY
DE LEON DR
DE SOTO DR
DEER RUN
DEER RUN DR
DUVAL DR
EAST DR
EASTWARD DR
ELDRON DR
ESPLANADE DR
EUCALYPTUS DR
EUCLID DR _
FAIRWAY DR
FALCON AVE
FERN WAY
FLAGLER DR
FLAMINGO CIR
NW FO A KEE DR
GARDEN DR
GIBSON DR
GLEN WAY
GLENDALE DR
HAMMOND DR
HIALEAH DR
HIBISCUS DR
HOOK SO
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
ERIIS LIST WREETS IN THE RADIUS 0
ERIIS Report #171379A JUn 9, 1997
STREET NAME
HOUGH DR
HUNTING LODGE DR
IROQUOIS ST
LA BARON DR
LA VILLA DR
LAKE DR
S LAKE DR
LARK AVE
LAUREL WAY
LAWN WAY
LENAPE DR
LINDSEY CT
LINWOOD DR
MARKET ST
N MELROSE DR
S MELROSE DR
MILLER DR
MINOLA DR
MOKENA DR
MORNINGSIDE DR
NAHKODA ST
NAVAJO ST
NAVARRE DR
NIGHTINGALE AVE
OAKWOOD DR
E OKEECHOBEE ROAD
W OKEECHOBEE ROAD
OLIVE DR
E OLIVE DR
ORIOLE AVE
OSAGE DR
PALM AVE
PALMETTO DR
PARK ST
PAS HE O WA DR
PAYNE DR
PEN -NA -NA DR
PERIMETER DR
PINE AVE
PINECREST DR
PLOVER AVE
POCATELLA ST
QUAIL AVE
RAVEN AVE
REINETTE DR
RIO VISTA DR
ROSEDALE DR
N ROYAL POINCIANA BLVD
S ROYAL POINCIANA BLVD
SHADOW WAY
SOUTH DR
` SUNSET WAY /
SWALLOW DR
SWAN'AVE
TO TO LO CHEE DR
TROPIC DR
TRUXTON DR
WESTWARD DR
WHITETHORN DR
WREN AVE
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
0
SEARCH RESULTS
ERIIS HISTORICAL MAP COLLECTION
PERTAINING TO: MIAMI GOLF,COURSE
650 CURTISS PARKWAY
MIAMI, FL 33166
REPORT NUMBER: 171379A
No historic map coverage is available for this site in the ERIIS Historic
Map Collection, for the period covering the years 1867 - 1990.
The ERIIS Historic Map Collection is the largest and most extensive
private collection of prior -use maps in the United States, thereby
affording the greatest degree of historic due diligence. ERIIS'
inventory includes images from the following publishers:
Bromley
Dakin
Hexamer
Hopkins
Manufacturers Mutual Fire Insurance Maps
Nirenstein Real Estate Atlases
Sanborn Fire Insurance Map Collections
Scarlett and Scarlett
Rascher
William G. Baist
Copyright (c) 1997 by Environmental Risk Information & Imaging Services.
505 Huntmar Park Dr. - Ste 200, Herndon, VA 20170, Ph. (703) 834-0600,
1-800-989-0403, FAX: (703) 834-0606.
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
EXHIBIT IV
A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
North
—011-
-Wd--- ------ -
Direction to maintenance facility
Club House
Miami Springs Golf Course
Showing East side of Course
with Irrigation well #2
1
Curtiss
Parkway
(north & south
lanes separated
by median)
Mix load/equipment
wash area
^j Fertigation Tank 2
O Pump House and
Irrigation well #2
l
97_ 558
LJ
•
EXHIBIT V
- A132MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
r_ w
METROPOLITAN DADEO TY, FLORIDA •
METRof ADE
ENVIRONMENTAL RESOURCES MANAGEMENT
ENVIRONMENTAL MONITORING DIVISION
August 19 , 19 9 4 SUITE 900
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
CERTIFIED MAIL NO. P 258 182 452 (305)372-6925
RETURN RECEIPT REQUESTED
Mr John Conner, Superintendent
Miami Springs Golf Course
650 Curtiss Parkway
City of Miami, FL 33166
RE: Miami Springs Golf Course Maintenance Facility located at, near or in
the vicinity of 650 Curtiss Parkway, Dade County, Florida.
Dear Mr Conner:
NOTICE OF VIOLATION AND ORDERS
FOR CORRECTIVE ACTION
On June 16, 1994 this Department provided you with an application package
(copy enclosed) for an Agricultural_ Waste Annual Operating Permit. A review
of our records reveal that you have failed to submit the completed permit
application to this office. In addition, our records reveal that you have
failed to provide access to your septic tank as requested in the
Agricultural Facility Inspection Report issued on June 21,1994 (copy
enclosed).
Be advised that operating the above -referenced facility without a valid
operating permit constitutes a violation of Chapter 24 of the Metropolitan
Dade County Environmental Protection Ordinance, specifically:
Section 24-35.1(4): of said Ordinance, in that no person shall
operate an agricultural liquid waste facility without a valid
operating permit issued by the Director of the Department of
Environmental Resources Management or his designee.
Based on the above and 'pursuant to the authority granted to me under
Chapter 24, Metropolitan Dade County Environmental Protection
Ordinance, I am hereby ordering you to:
1. . dWithin fifteen (15) days of receipt of this Notice, submit to this
Department a completed, notarized permit application and fee in the
amount of $425.00. The permit application should include plans
indicating the final discharge point for the drain in the mower
wash area.
2. Within fifteen (15) days of receipt of this Notice, provide access
to';he facility's septic tank to allow for sampling of said tank.
97- 558
BE ADVISED
THAT FAILURE TO CORRECT
THE VIOLATION
MAY RESULT
IN THE
ISSUANCE
OF A UNIFORM CIVIL VIOLATION
NOTICE (UCVN)
PURSUANT
TO
CHAPTER
8CC, METROPOLITAN DADE COUNTY
CODE
REQUIRING CORRECTIVE
ACTIONS
AND
PAYMENT
OF A CIVIL PENALTY AND
ASSESSMENT
OF DOUBLE PERMIT FEES
OR MAY
RESULT IN
YOUR CASE BEING PREPARED FOR
FORMAL ENFORCEMENT
ACTION
IN A
COURT OF
COMPETENT JURISDICTION
PURSUANT
TO THE ENFORCEMENT
AND
PENALTY
PROVISIONS
OF SECTIONS 24-55 AND
24-56
OF THE AFOREMENTIONED
ORDINANCE
If you have any questions concerning the above,
Agricultural Waste Program staff at 372-6905.
Sincerely,
��L"W&v
Sue M. Alspach, Manager
Agricultural Waste Program
Planning and Evaluation Section
Attachments
cc Mr Alberto Ruter, Director
City of Miami Parks and Recreation Department
1390 NW 7 St
City of Miami, FL 33125
please contact
0 , 0
0
EXHIBIT VI
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97-. 558
METROPOLITAN DADE UNTY, FLORIDA
METROU E PKINTES ALAI
ENVIRONMENTAL RESOURCES MANAGEMENT
ENVIRONMENTAL MONITORING DIVISION
SUITE 900
33 S.W. 2nd AVENUE
December 6, 1994 MIAMI, FLORIDA 33130-1540
(305) 372-6925
CERTIFIED MAIL NO. P 258 182 476
Return Receipt Requested
Mr Alberto Ruter, Director
City of Miami Parks and Recreation Department
1390 NW 7 St
City of Miami, Fl 33125
Re: Required sewer connection at the Miami Springs Golf Course
Maintenance Facility located at, near or in the vicinity of 650
Curtiss Parkway, Dade County, Florida (Folio# 05-3119-000-0050).
Dear Mr Ruter:
NOTICE OF REQUIRED CONNECTION
It has come to our attention that a sanitary sewer has been made
available and operative in tha public right-of-way to serve the Miami
Springs Golf Course maintenance facility located at , near or in the
vicinity of 650 Curtiss Parkway, Miami Springs, Florida.
This letter is to place you on Notice that Section 24-13(7), of the
Metropolitan Dade County Environmental Protection Ordinance requires
that:
When an approved public gravity sanitary sewer ... is made
available and operative in a public right-of-way or easement
abutting the property, the use of any liquid waste storage,
disposal or treatment methods shall cease within ninety (90)
days of the date that the approved public sanitary sewer is
available and operative. Thereafter, all liquid waste that are
generated, handled, disposed of, discharged or stored on/the
property shall be discharged to an approved and operative
gravity sanitary sewer...
In view of the above, you are required to connect to the available
public sanitary sewer, pursuant to Section 24-13(7), within ninety
(90) days of receipt of this NOTICE. Additionally, you must provide
this Department with a copy of a service agreement with the
Miami -Dade Water and Sewer Authority Department (MDWASAD) and proof
that the existing sewage disposal system has been properly abandoned
upon connection.
97-- 558
If you have any questions regarding the requi
rements herein, please
To make the necessary
contact Lorna Buck nor at 372-6903. contact the business
arrangements to complete the sewer connection , p
De artment
office at the Miami -Dade Water and Sewer Authority
(MDWASAD) at 665-7471.
Sincerely,
Jos G. LoVez, P.E.
Chief, Wastewater Section
Water and Sewer Division
cc: John Conner, Superintendent
Miami Springs Golf Course
650 Curtiss Parkway
Miami Springs, FL 33166
P 258 182 476`'
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
N
T Sentto
N
Street and No C�
a P.O.. State nd 2IP \Code
N
` SENDER:
• Complete items 1 and/or 2 for additional services.
I also wish `to receive the'
a • omplete items 3, and 4a & b.
following services (for an extra
q • not your name and address on the reverse of this form so that we can
fee): -
> ,
14jurin this card to you..
• Attach this form to the front of the mailpiece, or, on the back if
space
1. ❑ Addressee's Address
N
as not permit,:,:,.: ' '.. .::,•. ".' :_. . -
! • Write "Return Receipt Requested" on the mailpiece below the article number.
2. El Restricted Delivery
r
a
�• The Return Receipt will show to whom the article was delivered and the date
:-delivered.
Consult postmaster for fee,
m
m
3... Article Addressed to: . _
4a. Article Number
CIC
c
.:
"• " �t- \ l� �� o v
;� c�� \�C
t f
4b. Service Type
❑�, �Registered ❑ insured
cc
t�certified ❑ COD
r .,=
Return Recei t for
❑ Express Mail ❑ p
`,
C-^�,J 0 ``"���►r����c��.
Merchandise
`o
�-
7. Date f Del'�tery
•
t?
0 0
5. Signature (Addressee) :.
8. Ad ress 's Address (Only if requested ,Y
and fee s paid)
r
6. Signature -(Agent)
. z'} _ :i,.. f • .i.,.�, f }...;. / .„l ,,,,: i.z-. ii.i 1
..3 1'I = :}.'{ zit• -
-
PS Form'381} 1,• ecemz ber 1( 91( U S G P O tss2 3a� sso DO ETC E RN RECEIPT
97- 558
•
EXHIBIT VII
A62MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
9?- 558
a
METROPOLITAN DADE COUNTY INSPECTOR: L. Bucknor
ENVIRONMENTAL RESOURCES MANAGEMENT
33 S.W. 2ND AVE., SUITE 900 DATE: 2/2/1996
MIAMI, FLORIDA 33130
(305) 372-6905 TIME ELAPSED: 2 hrs
SOURCE NAME: Miami.Springs Golf Course FILE #: AW -234
Folio No.: 05-3119-000-0050
LOCATION: 650 Curtiss Pathway
OWNER/CORP.: City of Miami
CONTACT PERSON: Alex Martinez
TITLE:
Mike Barechio Manager
BUSINESS MAILING ADDRESS:
LAND OWNER: City of Miami
COM
OTHER DOCUMENTS:
650 Curtiss Parkway PHONE: 887-6415
ADDRESS: 300 Biscayne Blvd, Miami, 33132 PHONE:
-- 1 TYPE:
NATURE OF BUSINESS: Golf Course Vehicle and,Equipment Maintenance
DATE ESTABLISHED: 1920 FACILITY ACREAGE: 186 acres No. OF EMPLOYEES: 7,
COI Y / N SEWAGE DISPOSAL: Septic Sewer Portable None
WATER SOURCES: Potable Well Irrigation Well xx Utility xx Lake
INSPECTION INFORMATION
INSPECTION TYPE: SCHE / SR / COMP / FOL: No Charge, Charge/No Lab, Charge/Lab
INSPECTION INTERVAL: 12 months
INSPECTION OUTCOME: SAT / PPI / FN / NOV / FNPC / UCVN
PHOTOS: Y / N SAMPLES: Y / N MW(#) none. SOAKAGE PIT (#) none STORM DRAIN (#) 1
O/W SEP: Y / N VENT PIPE: Y / N FLOOR DRAINS(#) none
COMMENTS:
COMMENTS SECTION
1. WATER SOURCES
(a) LOCATION (1): Approximately 100ft west of the maintenance barn
(b) CONSTRUCTION Cappe / Uncapped, Cased / Uncased, PVC / Galvanized
Well Dia. & Depth and/or Drop Pipe Dia. & Depth
Brief Description: 8 inch diameter PVC pipe of unknown depth.
(c) PUMP SPECS/POWER SOURCE:
Brand Unknown Model # unknown RPM unk
HP unk
97-- 558
Or,
Diesel
(d) BACKFLOW PREVENTION
Gasoline Propane
TYPE: None associated with pump
(e) USE: NON -POTABLE
Fert/Chem xx Irrigation xx Not in Use Mix/loading Back-up
POTABLE Irrigation water not used for potable purposes
(f) FILTERING SYSTEM, PRESSURE TANK, etc.: 1500 gal fertigation tank
Electric xx
Abandoned Other
(g) POTENTIAL CONTAMINATION SOURCES AND DISTANCES:
None observed
(h) COMMENTS/CONCERNS: Fertigation tank equipped with backflow prevention which is FDACS approved.
(a) LOCATION (2): SE side of the golf course (# 10 tee)
(b) CONSTRUCTION Cappe / Uncapped, Cased / Uncased, PVC / Galvanized
Well Dia. & Depth and/or Drop Pipe Dia. & Depth
Brief Description: 12 ft deep, 6" diameter galvanized pipe.
(c) PUMP SPECS/POWER SOURCE:
Brand High Trust Electric Model # unknown RPM unknown HP unknown
Diesel Gasoline Propane Electric xx
(d) BACKFLOW PREVENTION: TYPE: none associated with pumps
(e) USE: NON -POTABLE
Fert/Chem xx Irrigation xx Not in Use Mix/loading Back-up Abandoned Other
POTABLE Not used for potable purposes
(f) FILTERING SYSTEM, PRESSURE TANK, etc.: 1500 fertigation tank associated with irrigation system.
o
(g) POTENTIAL CONTAMINATION SOURCES AND DISTANCES: The facility mix load area and equipment
area located approximately 1Oft north of pump.
(h) COMMENTS/CONCERNS:
Mix load and equipment wash areas located in close proximity to the irrigation well.
POTABLE SUPPLY:
Potable water supplied by utility.
II. MIX -LOADING AREA
(a) LOCATION Mix loading'occurs as a two step process, the large sprayers are filled using a hose bib located
adjacent to irrigation well #2, the chemicals are added at the maintenance barn. Empty
pesticide containers are tripled rinsed using a hose bib located adjacent_to the wash .pad .on
the north side of the maintenance.. building.- Small hand sprayers are filled using the hose bib
97-- 558
adjacent to the wash pad.
(b) WATER SOURCE: Well
Utility xx Lake
0
(c) DESCRIPTION OF AREA (IMPERVIOUS SURFACE, OPEN GROUND, SPILLAGE):
The area adjacent to well #2 is open ground while the area in which the actual chemicals are added is
asphalted. There was no evidence of spillage.
i
',�(f) CONCERNS: Both the hose bib associated with Well #2 as well as the hose bib adjacent to the wash pad
require vacuum breakers.
III. ON -SITE DRAINAGE - (Open Wells, Trenches, French Drains) None observed, however there is a drain in
the wash pad located at the north side of the maintenance facility. The drain is a concrete box which has a
4" daimeter pipe along the north face. The pipe discharges to an adiacent canal.
STORMWATER MANAGEMENT: Natural percolation. The course has two small lakes.
IV. AGRICHEMICAL STORAGE AREA (Location, Containment Description, Drains): Pesticides and fertilizers
stored in separate bays on the east side of the maintenance building. The bays are separated by a chain fence.
Both bays have concrete flooring. Pesticides are stored on shelves while fertilizers are stored on pallets.
Both bays have signage indicating hazardous material storage.
V. AGRICH EMICALS STORED/USED: Attached Inventory Sheet_ xx
VI. VEHICLE & EQUIPMENT STORAGE/MAINTENANCE AREAS
LOCATION, AREA DESCRIPTION: Concrete building located in the SW section of the course. The barn is
divided into several bays. Repair activities are conducted in the two westmost bays.
FLOOR DRAINS (POINT OF DISCHARGE: None observed
EQUIPMENT WASH AREA: In the vicinity of well number 2. -The wash pad located on the north side of the
maintenance building is no longer used for washing equipment.
FUELS, LUBRICANTS, SOLVENTS INVENTORY:
Product Quantity Stored
FUEL
Gasoline 500 gals
Diesel 250 gals
Product
LUBRICANTS
Motor Oil
Hydraulic Fluid
Gear Grease
Quantity Stored
55 gals
10 gals
200 Ibs
Storage Method
Vaulted AGT
Inside fertilizer storage bay
Storage Method
Inside maintenance building
r.
CLEANERS
Parts Cleaner 'I unit
Waste
Waste Oil 3 gals "
Note
/ The facility no longer does oil changes at the site, that type of work is done at the City of Miami's Shop which is
located at NW 20 St and 13 Ave. The parts cleaner is no longer in operation, however the solvent and sludge
has not been removed.
WASTE DISPOSAL INFORMATION:
WASTE HAULER: All waste generated is disposed via the City of Miami GSA motor pool.
TRASH DISPOSAL INFORMATION (pallets, boxes, containers)
COMPANY NAME: City of Miami FREQUENCY weekly
VI. VIOLATIONS
No chapter 4violations observed
VII. PERMIT APPLICATIOWIN FORMATION DELIVERED: The facility cannot be permitted at this time since
they are required to connect to sanitary sewers.
Vill. LABORATORY SAMPLES '/Sampling of the septic tank and drain in the wash pad pending.
COMMENTS/RECOMMENDATIONS:
Vacuum breaker required on hose bibs serving mix load areas
j - The secondary containment for the fertigation tank associated with well #2 has several holes and as such
no longer has any containment capability. I recommended that the containment be replaced. In addition the
top of the fertigation tank is broken and as such will cause spillages if filled to capacity.
- The facility will provide access to septic tank to allow for sampling
- There are five 2.5 gallon containers of Daconate and two 2.5 gallon containers of Manex that have been on site
for several years and are no longer usable. I advised Mr Barechio that these should be appropriately disposed of.
INSPECTOR SIGNATURE:
SUPERVISORS INITIALS:
97- 558
MY& -',.EkViROtiMENTAL-.ftE$OURCtg"kidEMENT
2nd AVENUE
M!A.M1.:FL0,R1DA 33130-1 w
LA.R RATORY ANALYSISRECORD (305)372
0 -6769;-
ENFORCEMENT
6 FEB 96 W 50
2 54 4
Sample e
Clock -In Date/Inspector
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Site.
Time:
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Section:
Manager: Section:
C
froea
,ost
Matrix:
-Water: :Sludge/Soi
1.k
Product: 0* he
Observation:
Split: Yes
1'.0 Corisultim/Ub
7 FE9 Qc 8:
Clock -In Date/Lab
Preservation:
Yes No Log in by DERM Lab:
Delivered by:
Date:
Received by:
Date:
C om y name) g nature)
by
..:Date-
Date
Run
Results Test(s) Run
Results
for TCLP Date requested.
_�'....Reiurrk
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33 S W. nd AVENUE
LABORATORY ANALYSIS RECORD MU1MiFLORIDA 33130,1540 a
ENFORCEMENT-.
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4
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Split: Yes No Consultant/Lab'
S.W. 2nd AVENUE
UI WtMI FLOFtiOA 33130.1540
LABORATORY ANALYSIS RECORD
..
�3os) 372-67e9 .
ENFORCEMENT ....
,.6. FEB 96 14: 5C
202543
Sample #:
Clock -In Date/Inspector
Date:
Site:
Time:
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:=
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T 1/'
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P �'
6 FEB 96 16: 46
Clock -in Date/Lab
. Preservation: Yes No ✓ Log in by DERM Lab:
Delivered by:
Date:
:Received by:
Date:
j (Company name) . (Signature) i
Analyzed by
j
Date: �g/96 f
'Returned
Date
Tes(s) Run
Results_ Tests) Run
Results
L
Reiurn for TCLP Date requested:
,a �C
Comments:
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Ciock-In Date/Lab
Preservation: Yes No Log in by DERM Lab:
Delivered by:
Date:
;Received by:
Date:
_-_ m y name) Signature)
(Co
Analyzed by: /
Date: 2 7 A
`Returned
: Date:
Tests) Run Results :: Tests) Run
Results
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Return for TCLP Date
requested:
Comments:
4.
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Site:
i K ��-•54'21a-41�4''A'�}�ni� � `v�+.=TsSL?=� :r=±=J �.We Y :ySf
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Matrix Water ✓ Sludge/Soil:
Produ >>: Oilier. r t':
Observation. F
Split: Yes No `r
6 FEB 96 16 e ...1 y
Clock -In Date/Lab
Preservation:. Yes No Log in by DERM Lab: 6
Delivered by: te:
Received by:. Date:
(Company. name) (Signature) . -
' Analyzed by Date:
Returned: Date
Test(s) Run:', _ Uults Test(s) Run Results
RESULTS, ATTACHED
FS u•'; v
Return for TCLP Date requested.
A}; -_Comments: T
-
acr .. d. ..i3= .,. �r„„ �+:.� .a-",as'r '6'i'`r 4y. ;+�:.`r :. i;w - - s-z! ! •�': .r•� -
.E.R.M. Laboratory Analysis Record
Purgeable Halocarbons Method 8010
Blue Card # : 202702
Sample D.L.
U
U
U
U
U
U
U
U
U
U
U
U
U
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5
5
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5
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5
5
5
5
5
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5
5
5
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Printed 0211
97- 558
'k-
i:METROPOUTAWDADE` FLORIDA
w
-202-7-03
lock In Date/Inspector
Date:
Site:
Address:
Permit
Collection Point:,.
Folio'
Sampled by:. Section:
Phone.
I ect Manager: _Section:
cost*Ceni r:'
�Matrix Water.' ✓ S16dize/Soil:
bw
P r c i.Other ,
Observation
Split:. Yes 1,!o ronsultant/U'b
5 FEB 96 16:
-Clock-In Date/Lab
..Preservation: Yes No Log in by DERM Lab:
Delivered by:
w 'Date:
Received by:
Date:
(Company name) (signature)
Analyzed by:
Date'.
,'.;..R6turned:,
..Date:.
Test(s) Run I Test(s) Run
PC
Results
L SU LTS ATTACHM
Return for TCLP-
Date requested.
Comments: LO
Section n.
74
4?0 4re
D.E.R.M. Laboratory Analysis Record
Purgeable Aromatics Method 8020
Blue Card # : 202703
Sample
Cone.
D.L.
u L
u L
L
Benzene
U
5.0
2.
Toluene
U
5.0
3.
Ethylbenzene
U
5.0
4.
p-Xylene (
U
5.0
5.
m-Xylene
U
5.0
6.
o-Xylene
U
5.0
7.
>< <<=<€<
5.0
8.
9.
1,2-Dichlorobenzene
U
5.0
Co -eluting analytes are shaded. D.L. = Method Detection Limit x Dilution factor.
Printed 02109196.
"'..%; , .. - .,- _
_ . — --- -- -:
T
- -- •- �� � _•2n0 AVENUE
a, S.W.
LABORATORY ANALYSIS
RECORD
""'"""� F1OR10Ai1J°,s`o
ENFORCEMENT
(aosJ a724789
FEB 96 14 s 17
Sample #:
2 0 2'7 01
' Clock -In ector Date/InsP
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Tune:
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P Y�.
Phone:—
Project Manager: �-- '`��:a c Section:
Cost Center:
x MatrixWater: '/ Sludge/Soil:
Product:
Other.
..
xt= Observation:
Yes NO Consultant/Lab
6 FEB 9t, 16: 41,
Clock -In Date/Lab
Preservation: Yes No Log in by DERM Lab:
Delivered by:
Date:
Received by:
Date:
{Company name) . (Signature)
�lyzed by: Date:_ Z �j 3 L 6 z
arned:: :.
Da
KS) Run Results Test(s) Run Results -.
Return for TCLP. ' Date
Comments:
requested.
r1
LJ
EXHIBIT VIII
A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
METROPOLITAN DADUNTY, FLORIDA
METROJ
MUADE
ENVIRONMENTAL RESOURCES MANAGEMENT
ENVIRONMENTAL MONITORING DIVISION
AGRICULTURAL FACILITY SUITE 900
33 S.W. 2nd AVENUE
INSPECTION REPORT MIAMI, FLORIDA 33130-1W
(305) 372.6925
Mr. Mike Barechio, Superintendent April 5, 1996
Miami Springs Golf Course
650 Curtiss Parkway Certified Mail # P377 460 155
Miami, FL 33166
Re: Drain in equipment wash area
Dear Mr. Barechio:
Return Receipt Requested
As owner/operator of the above facility, this REPORT is to advise you that my inspection of the
subject facility on February 6, 1996 found the following conditions which require your immediate
attention:
An inspection of the facility revealed that a drain in the concrete pad used for equipment
washing discharges to an adjacent canal. Samples collected from the drain on 02/06/1996
indicated levels of oil and grease and heavy metals in excess of effluent standards for Dade
County.
Be advised that the above discharges are a violation of Chapter 24, Dade County
Environmental Protection Ordinance.
At this time we are requiring you to:
1) Cease and desist from any further discharges to the referenced drain
2) Pump and appropriately dispose of the contents of the drain. Said contents should
not be discharged to the above referenced canal. A copy of the receipt attesting to
proper disposal must be submitted to this Department.
You are required to submit in writing to the Agricultural Waste Program, within thirty (30) days
of receipt of this REPORT, information regarding the action (s) undertaken to correct the
above stated conditions. Be advised that failure to correct the referenced conditions may
result in further enforcement action by the Department. If you have any questions concerning
the above please contact the Agricultural Waste Program at 372-6905.
Pollution Control Inspector II
Agricultural Waste Program
Planning and Evaluation Section
97-
558
0
i
EXHIBIT IX
A62MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
91- 558
METROPOLITAN DADE ONTY, FLORIDA
METRODADE
AGRICULTURAL FACILITY
INSPECTION REPORT
October 3, 1996
CERTIFIED MAIL# P 258 183 019
RETURN RECEIPT REQUESTED
Mike Barechio
Miami Springs Golf Course
650 Curtiss Parkway
Miami, Florida 33166
r/t:NALEM
ENVIRONMENTAL RESOURCES MANAGEMENT
ENVIRONMENTAL MONITORING DIVISION
SUITE 900
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6925
Re: Miami Springs Golf Course (AW5G-00234) located at, near, or in the vicinity of 650 Curtiss Parkway,
Dade County, Florida.
Dear Mr. Barechio:
As owner/operator of the above referenced facility, this REPORT is to advise you that my inspection of
the subject facility on October 2, 1996 found the following conditions which require your immediate
attention:
1. It is recommended that the drain located on the north side of the maintenance building
be sealed due to the potential of hazardous materials discharging into the adjacent canal.
2. The secondary containment systems for the fertigation tanks have several holes and
cracks. The containment structure needs to be intact to function properly.
3. Unusable agrichemicals need to be disposed of in a proper manner.
4. Clean up diesel spill located in the maintenance area.
5. Parts cleaner sludge needs to be disposed of in a proper manner.
6. Submit all waste disposal receipts to DERM.
You are required to submit in writing to the Agricultural Waste Program, within thirty (30) days of receipt
of this REPORT, information regarding the action(s) undertaken to correct the above -stated conditions.
Be advised that failure to correct these conditions may result in further enforcement action by the
- Department. If you have any questions regarding the above please contact the Agricultural Waste Program
at 372-6905.
Jorge Mederos
Pollution Control Inspector
Agricultural Waste Program
Planning and Evaluation Section
l
EXHIBIT X
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
NNW
EEb--
Evans Environmental & Geological Science and Management, Inc.
LIMITED ASBESTOS SURVEY
of the
MIAMI SPRINGS GOLF COURSE
Clubhouse, Maintenance Shed (x2), Restroom/Shelter
located at
650 Curtiss Parkway
Miami Springs, Florida
EE&G Project #: 98E0125
Prepared by:
Evans Environmental and Geological
Science Management, Inc. (EE&G).
99 SE 5th Street, Floor 4
Miami, Florida 33131
Prepared for:
AB2MT Consultants, Inc.
9400 South Dadeland Blvd.
Suite #370
Miami, Florida 33156
Attention: Mr. Mike Paty
June 19, 1997
'�-xJ Printed on 100 % Recycled Paper
EE&G Science and Management, Inc.
Limited Asbestos Survey
Miami Springs Golf Course
INTRODUCTION
A limited asbestos survey of the Miami Springs Golf Course Clubhouse, maintenance shed (x2),
and restroom/shelter was conducted on June 12, 1997 by AHERA Certified Inspector Steven T.
Ryan of Evans Environmental and Geological Science and Management, inc.(EE&G). The
purpose of the survey was.to determine the presence and extent of asbestos -containing materials
(ACM) in the building as part of a due diligence inspection.
SURVEY METHODS
Building and mechanical plans were not provided to EE&G. Access to the building was provided
by building maintenance. Each observed suspect material was described, measured, and
sampled. Samples of suspect ACM were taken using procedures established by EPA in 40 CFR
763.
LABORATORY METHODS
Each sample was returned to the laboratory at EE&G, recorded in the log book, and stored for
analysis. All analyses were performed using the Polarized Light Microscope (PLM) Method of
asbestos detection using guidelines and procedures established from the Interim Method for the
Determination of Asbestos in Bulk Insulation Samples (EPA-600/M4-82-020 Dec. 1982). Ten
percent of samples are routinely reanalyzed by a second analyst for purposes of quality control.
SURVEY LIMITATIONS
This survey was designed to provide an estimate of the amount of asbestos in the various spaces
for prospective buyers as part of their due diligence inspections. Because of limitations in access
to all spaces, all possible locations for asbestos -containing materials could not be inspected. The
inspection of the above areas are assumed to be representative of the materials used throughout
the building. Under no circumstances is this survey to be utilized as a renovation or demolition
survey, or as a proposal or a project specification document.
At the request of the client, samples of most suspect ACM was limited to one sample in each room
of the suspect material. Because many building materials are mixtures and are inherently
inhomogeneous, building materials that have been found to contain no detectable asbestos should
be re -sampled prior to any major renovations that may affect these materials.
EE&G assumes no responsibility for the accuracy of samples not taken and analyzed by its
personnel. EE&G also assumes no responsibility for any subsequent use or interpretations of
these analytical results by persons other than its own personnel.
97= 558
EE&G: Limited Asbestos Survey Miami Springs Golf Course: June 19, 1997
The objective of this survey was to estimate the presence of existing ACM in the inspected areas
only. The areas inspected were only those areas to which the inspector was provided access. All
square footage estimates are general approximations, the Building Owner or Contractor is
responsible for ensuring their accuracy.
The results, conclusions, and recommendations contained in this report pertain to conditions which
were observed at the time of the survey. By this report, EE&G makes no representation or
assumptions as to the nature of past conditions or future occurrences.
This asbestos project report has been prepared by EE&G in a manner consistent with that level of
care and skill exercised by members of the profession currently practicing under similar conditions.
No other warranty, expressed or implied, is made. EE&G's interpretations and recommendations
are based upon the results of sample analyses conducted in strict compliance with environmental
regulations and project specifications, performed by trained personnel under quality control and
quality assurance standards. Other conditions elsewhere in the subject building(s) may differ from
those in the sampled locations and that such conditions are unknown, may change over time, and
have not been considered. EE&G will not be responsible for the interpretation or use by others of
data developed pursuant to the compilation of this report.
TYPES OF ACM
SURFACING MATERIAL: Materials applied by spray or trowel are classified as surfacing materials.
Asbestos was used in a variety of surfacing materials for fireproofing, acoustic dampening,
condensation control, and for decorative purposes. Surfacing materials that contain asbestos
usually occur as fireproofing on steel -frame members, textured ceilings, or acoustic plaster
ceilings.
Friable surfacing material is suspect material that can be reduced to a powder using normal hand
pressure while nonfriable materials are too hard to be reduced to a powder without the use of tools.
THERMAL SYSTEM INSULATION MATERIAL: Chill water, hot water, and steam -generating mechanical
systems are frequently insulated with materials that contain asbestos. Many pipes, may be
insulated with a nonasbestos-containing material but have mastic or plastered joints that contain
asbestos. Insulation materials that contain asbestos are generally found in boiler and chiller rooms,
pipe chases in walls, and pipe runs above suspended ceilings.
Insulation covered with an undamaged jacket or wrap is classified as nonfriable. Adhesives used
to hold insulation in place are also nonfriable materials. Most other types of thermal insulation are
friable.
MISCELLANEOUS MATERIAL: Miscellaneous building materials are materials which are used for the
finishing of interior spaces or are adhesive materials applied to building materials and roofs. These
materials have been manufactured with asbestos for strength enhancement, fire retardation,
condensation control, acoustical dampening, or corrosion resistance.
The most common type of friable miscellaneous material is ceiling tile. Most other miscellaneous
materials are nonfriable materials such as vinyl floor tile, adhesives, and cementitious panels
(TransiteT"")
2
9
79 - 558
•
EE&G: Limited Asbestos Survey Miami Springs Golf Course: June 19, 1997
INSPECTION RESULTS
A,SBESTOSCONTAININsGMATERIALS Asbestos was detected or found in amounts greater than
one percent in the following materials:
Description:
Pipe TSI (elbow)
Sample #(s):
970612SR006-007
Location:
Boiler room
% Asbestos:
10-15% chrysotile
Quantity:
Approximately 10 elbows
Friability:
Friable
Condition:
Good to slightly damaged
Description:
1" Pipe TSI
Sample #(s):
970612SR008
Location:
Boiler room
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 40 linear feet
Friability:
Friable
Condition:
Good
Description:
Black HVAC duct seam mastic
Sample #(s):
' 970612SR010
Location:
AHU room
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 15 linear feet
Friability:
Nonfriable
Condition:
Good
NONASBES�TOSCO:N�AININGMATERIALS Asbestos was not detected or was found in
amounts less than or equal to one percent in the following materials:
Description:
Spray -applied ceiling treatment
Sample #(s):
970612SR001-002
Location:
S. Banquet room/Hallway adjacent to offices
Description:
12" Sun patterned VFT over VFT
Sample #(s):
970612SR003
Location:
S. Banquet room
Description: 12" Simulated wood VFT
Sample #(s): 97.0612SR004
Location: Bar/lounge
3
y7_
55�
EE&G: Limited Asbestos Survey Miami Springs Golf Course: June 19, 1997
Description:
Sample #(s)
Location:
Description:
Sample #(s)
Location:
INSPECTION NOTES
Pipe TSI - canvas wrap
970612SR009
Boiler room
Ceiling plaster
970612SR011-012
Pro shop/closet across from powder room
No suspect materials were discovered in either of the maintenance sheds or in the
restroom/shelter during this inspection. All floors, walls, and ceilings were finished with either
concrete, metal, or wood.
A sample of the 12" white ceiling tile located in the main restaurant was unable to be sampled
due to height constraints.
No fireproofing was discovered in any of the facilities.
RECOMMENDATIONS
According to the limited asbestos inspection of the Miami Springs Golf Course located at 650
Curtiss Parkway, Miami Springs, Florida, the pipe insulation located in the boiler room and the
black HVAC duct seam mastic located in the AHU room were determined to be ACM and in
good to slightly damaged condition.
The spray -applied ceiling treatment located in the South Banquet Room and the hallway adjacent
to the offices was determined to contain less than one percent chrysotile asbestos by PLM
analysis. These samples were subsequently analyzed using the Point Count method of analysis
See Point Count Results). The Point Count method of analysis offers a more definitive analysis
of the asbestos content -present in friable materials or in materials likely to become friable during
normal renovation activities. The spray -applied ceiling treatment samples were determined to
contain less than or equal to one percent asbestos using the Point Count method. NESHAP
defines materials that contain less than or equal to one percent asbestos as nonasbestos
materials. However, it should be noted that asbestos fibers are present in the spray -applied
ceiling treatment and that due care should be taken when working with or near this material.
al
97— NNS
EE&G: Limited Asbestos Survey Miami Springs Golf Course: June 19, 1997
EE&G recommends these results be interpreted only as an estimation of possible ACM present in
the building and not as a removal specification or scope of work for future renovations or
demolition. Materials that have been found to contain no detectable asbestos should be re -
sampled prior to any major renovations that may affect these materials. EE&G recommends a
complete renovation survey be conducted of the entire building(s) or parts thereof that are to
undergo any renovations.
Finally, EE&G recommends partial or complete implementation of an "Asbestos Awareness
Program" to be instituted by the Miami Springs Golf Course Management in conjunction with the
Maintenance Staff.
If you haZan questions or comments, please do not hesitate to contact us directly.
ubm `teZichawrd
iee
Steven T Grupenlioff
Project Manager Asbestos Operations Manager
Reviewed by:
Daniel J. Cottr , Ph.D., P.G.
Asbestos Projects Director
Asbestos License #DD0000010
A
91- 55�
PLM RESULTS
58
•
EE&G
Evans Environmental & Geological Science and Management, Inc.
REPORT
SENT AB2MT
TO: 9400 S DADELAND BLVD, STE 370
MIAMI, FL 33156
DAVE GOODEN
670-1011
Thank you for your business.
June 15, 1997 20:56
EE&G, Inc.
Asbestos Department
99 SE 5th Street
Fourth Floor
Miami, FL 33131
NVLAP Code 101775
(305) 374-8300
Analysis: Polarized Light Microscopy, Dispersion Staining, in accordance with the Interim
Method as described in 40 CFR, Part 763, Volume 52, Number 210.
Sample Type BULK
#Of Samples 12
Date in June 13, 1997
Date out June 15, 1997
Collected by STEVE RYAN
Delivery by STEVE RYAN
Work Order# M706034 Received by PL
EE&G Project# 98EO125
Project MIAMI SPRINGS GOLF COURSE
Analyzed By:
Cassandra J. Candelaria Laura V. Varela
Connie L. Wolfe Patrici4 M. Lopez
U
Jianxin Yu QA/QC Officer
x
JUN 16 ►cry'
Due to the small size of asbestos fibers associated with vinyl floor tiles EE&G recommends TEM analysis for all
floor tiles containing < 1 % or no asbestos by visual estimation.
The following analytical results presented in this report pertain only to the samples analyzed. EE&G Science and
Management, Inc. assumes no responsibility for whether the samples accurately represent the material in question,
unless the samples are taken by EE&G's certified inspectors.
99-- 558
0
EXHIBIT XVI
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
June 15, 1997 20:57 EE&G Page. 1
LABORATORY BULK SAMPLE ANALYSIS REPORT
CLIENT : A132MT Samples were analyzed in accordance with the Interim
PROJECT : MIAMI SPRINGS GOLF COURSE Method as described in 40 CFR, Part 763, Vol. 52, No. 210
WORK ORDER NUMBER: M706034
PERCENT ASBESTOS FIBERS %NO B
iDk ANA DESCRIPTION LOCATION SAMPLE NUMBER I CHRY AMOS CROC TREM ANTH OTHER I F
01A CLW SPRAY-APPL.CEILING TREATM. S. BANQUET ROOM 970612SR001 < 1 5-10
01B CLW SPRAY-APPL.CEILING TREATM. HALL ADJ.OFFICES 970612SR002 < 1 2-5
02A CLW 12"G.PATTERNED VFT/VFT S.BANQUET ROOM 970612SR003 NO ASBESTOS DETECTED 2-5
03A CLW 12" SIMULATED WOOD VFT BAR/LOUNGE 970612SR004 NO ASBESTOS DETECTED 2-5
04A CLW BOILER GASKET BOILER ROOM 970612SR005 NO ASBESTOS DETECTED 82-90
05A CLW PIPE TSI-ELBOW BOILER ROOM 970612SR006 10-15 72-80
05B CLW PIPE TSI-ELBOW BOILER ROOM 970612SR007 10-15 72-80
06A CLW 1 "PIPE TSI BOILER ROOM 970612SR008 2-5 5-10
07A CKW PIPE TSI-CANVAS WRAP BOILER ROOM 970612SR009 NO ASBESTOS DETECTED 85-90
08A CLW BLACK HVAC DUCT MASTIC A.ROOM 970612SR010 2-5
09A CLW CEILING PLASTER GOLF PRO SHOP 970612SRO11 NO ASBESTOS DETECTED 2-5
09B CLW CEILING PLASTER CLOSET AC. POW. RM 970612SR012 NO ASBESTOS DETECTED 2-5
l
.0
Analytical results pertain only to the sample(s) analyzed. Quality Control Officer
I
ABBREVIATIONS: ANA—Analyst; ASB—Asbestos; CHRY—Chrysotile; AMOS—Amosite; CROC—Crocidolite; TERM—Term/Act; ANTH—Anthophylite; ACT—Actinolite; AL —Aluminum; ANTH—Anthophylite;
BLK—Black; BACK —Backing; BL—Blue; BRN—Brown; C—Cellulose; CAIC—Calcareous; CPT —Carpet; CTL —Ceiling tile; CEM—Cement; COV—Cover; DEB —Debris; FG—Fiberglass; FIB —Fibrous, fibers;
MAS—Mastic; MAT —Material; MIC—Micaceous; MW—Mineralwool; ORG—Orange; PAI—Paint; PAP —Paper; 1'L—Plaster, PLAS—Plastic; PWDR—Powder, RCF— Refractoryceramicfiber; RUB —Rubber;
SIL=Silver; SR=Sheetr6ck; SUB=Substance; S=Synthetic, TEXT —Textured; TR=Trace; TRAN=Transite; TREM=Tremolite; VERM—Vermiculite; VYL=Vinyl; W=Wollastonite; WH=White; YEL=Yellow.
POINT COUNT RESULTS
97- 558
•
•
EE&G
Evans Environmental & Geological Science and Management, Inc.
REPORT
SENT AB2MT
TO: 9400 S DADELAND BLVD, STE 370
MIAMI, FL 33156
DAVE GOODEN
670-1011
Thank you. or your business.
PREPARED
BY:
June 18, 1997 11:06
EE&G, Inc.
Asbestos Department
99 SE 5th Street
Fourth Floor
Miami, FL 33131
NVLAP Code 101775
(305) 374-8300
Analysis: Polarized Light Microscopy, Dispersion Staining, and Point Count in accordance
with the Interim Method as described in 40 CFR, Part 763, Volume 52, Number 210.
Sample Type BULK Date in June 13, 1997
#Of Samples 12 Date out June 18, 1997
# Of Point Count(s): 2
Collected by STEVE RYAN
Delivery by STEVE RYAN
Work Order# M706034 Received by PL
EE&G Project# 98EO125
Project MIAMI SPRINGS GOLF COURSE
Analyzed By:
Cassandra J. Candelaria
Connie L. Wolfe
Jianxin Yu
Lau . Varela
atricia M. Lopez
Lcc ffa U, �Q �Qq
QA/QC Officer
JUN 18
1 ,
Due to the small size of asbestos fibers associated with vinyl floor tiles EE&G recommends TEM analysis for all
floor tiles containing < 1 % or no asbestos by visual estimation.
The following analytical results presented in this report pertain only to the samples analyzed. EE&G Science and
Management, Inc. assumes no responsibility for whether the samples accurately represent the material in question,
unless the samples are taken by EE&G's certified inspectors. 17' ,; 558
June 18, 1997 11:03 EE&G Page 1
LABORATORY POINT COUNT ANALYSIS
CLIENT : AB2MT Samples were analyzed in accordance with the Interim
PROJECT : MIAMI SPRINGS GOLF COURSE - Method as described in 40 CFR, Part 763, Vol. 52, No. 210
WORK ORDER NUMBER: M706034
ID# ANA DESCRIPTION LOCATION SAMPLE NUMBER I %ASB %CEL %FIB %SYN %OTHER
01A PML SPRAY-APPL.CEILING TREATM. S. BANQUET ROOM 970612SR001 0.75 4.50 0.00 0.00 94.7
0113 PML SPRAY-APPL.CEILING TREATM.
HALL ADJ.OFFICES 970612SR002
Analytical results pertain only to the sample(s) analyzed.
0.50 2.00 0.25 0.00 97.25
C7t/��
Quality Control Officer
•
ABBREVIATIONS: ANA=Analyst; ASB=Asbestos; CHRY=Chrysotile; AMOS=Amosite; CROC=Crocidolite; TERM=Term/Act; ANTH=Anthophylite; ACT=Actinolite; AL=Aluminum; ANTH—Anthophylite;
BLK=Black; BACK=Backing; BL=Blue; BRN=Brown; CEL=Cellulose; CALC=Calcareous; CPT=Carpet; CTL=Ceiling tile; CEM=Cement; COV=Cover; DEB=Debris; FG=Fiberglass; FIB —Fibrous, fibers;
MAS=Mastic; MAT=Material; MIC=Micaceous; MW=Mineralwool; ORG=Orange; PAI=Paint; PAP=Paper; PL=Plaster; PLAS=Plastic; PWDR=Powder; RCF= Refractory ceramic fiber; RUB=Rubber;
SIL=Silver; SR —Sheet rock; SUB —Substance; SYN=Synthetic; TEXT —Textured; TR—Trace; TRAN=Transite; TREM=Tremolite; VERM=Vermiculite; VYL=Vinyl; W—Wollastonite; WH—White; YEL—Yellow
k.
EXHIBIT XVII
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
0 11) � N -N R
METROPOLITAN DADE WUNTY, FLORIDA
C]
NEbk
METRODADE
December 20, 1996
CERTIFIED MAIL NO. P273 926 096
RETURN RECEIPT REQUESTED
Mr. Edward Marquez, City Manager
City of Miami
3500 Pan American Drive
Miami, FL 55133
BERM
ENVIRONMENTAL RESOURCES MANAGEMENT
ENVIRONMENTAL MONITORING DIVISION
SUITE 900
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6925
RE: Melreese Golf Course Maintenance Facility, located at, -near or in the vicinity of 1802
NW 137 Ave., and Miami Springs Golf Course Maintenance Facility located at, near or
in the vicinity of 650 Curtiss Parkway.
Dear Mr. Marquez:
Please review the attached correspondence, sent to Mr. Cesar Odio, former City Manager, and
Mr. Alberto Ruter of the City of Miami Parks and Recreation Department. The letters detailed
non-compliance with Chapter 24, the Code of Metropolitan Dade County and specified corrective
actions required in order to bring the above referenced facilities into compliance.
A review of DERM records indicates that to date the facilities have not complied with ,the
requirements of Chapter 24 as outlined below:
Melreese Golf Course
The facility has not submitted the Contamination Assessment Plan (CAP) and has not connected
to sanitary sewers as required in the letter issued by DERM on April 5, 1995. In addition, a
follow-up letter was issued on November 16, 1995, however, to date there has been no
compliance with DERM's requirements. On October 2, 1996, representatives from this
Department met with a representative from the golf course management company. Among the
items discussed was the option of abandoning the septic tank at the maintenance facility in lieu of
connecting to sanitary sewers. DERM has not received a formal written proposal for the septic
tank abandonment as recommended during said meeting.
Miami Springs Golf Course
The facility has not connected to sanitary sewers as required in the Notice issued by DERM on
December 6, 1994 and the follow-up letter issued on November 16, 1995. Representatives of the
golf course and the City's Public Works Department have been advised of the option of applying
to the Environmental Quality Control Board (EQCB) for a variance however, Department records
have revealed that no application has been filed and the facility has not connected to the sewers.
97- 558
r".
ormation regarding the procedures for applying for said variance can be obtained from
-ique Cuellar of this Department at 372-6503.
to view of the above, the Department is requesting that a representative of your staff arrange to
meet with DERM representatives within fifteen (15) days of receipt of this correspondence in
order to resolve this matter.
Your cooperation in this matter is appreciated. If you have any questions, please call me or
Joseph Stilwell, Chief of the Enforcement Division at 372-6754.
Sincerely,
John W. Renfrow, P.E.,
cc: Mr. Alberto Ruter, Director, City of Miami, Parks and Recreation Department
Mr. Charlie DeLucca. Jr., Golf Director, Melreese Golf Course
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EXHIBIT XI
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
9558
6
V
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505 Huntmar Park Dr, Suite 200
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Hemdon, VA 20170
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(703)834-0600 (800)989-0402
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FAX, (703)834-0606
SITE INFORMATION
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Miami Golf Course
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Copyright 1997 ERIIS, Inc.
•
EXHIBIT XII
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL 0 PLANNING • (305) 670-1011 • Fax (305) 670-1016 0 � — 558
E
EXHIBIT XIII
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97558
gq,��
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97- 558
3q CREEK EX
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EXHIBIT XIV
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax_(305) 670-1016
EXHIBIT XV
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97-�c�
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METROPOLITAN
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APPROVED
2/19/75
AVERAGE.
PUBLIC WORKS
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4/14/77
GROUND -WATER � VE�
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EXHIBIT - XVIII
A132MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
97- 558
METROPOLITAN DADE COUNTY, FLORIDA
METROD"FEIM
ADE �J
ENVIRONMENT. . AL RESOURCES MANAGEMENT
0 9 / 15 / 9 3 33 S.W. 2nd AVENUE
BEST MANAGEMENT PRACTICES FOR MIAMI, FLORIDA 33130-1540
MECIIANICAL REPAIR FACILITIES (305) 372-6789
Best management practices can be thought of as using "good housekeeping"
practices. Listed below are several procedures to operate your facility
and minimize the risk of contamination to the environment-.
1.'/ A waste oil and waste fluid collection area must be set up. -
This area must have a bermed impervious surface and also be
under cover. Wastes are to be stored in clearly marked
containers that are in good condition. Leaking containers must
be replaced. Strippers, chlorinated solvents and flammable
solvents must be kept separately. Antifreeze/coolant must also
be stored separately. All waste must be ,segregated. Therefore,
no mixing of waste streams should be done. .
a. Waste oil is to be recycled and taken by a permitted waste
oil hauler.
b. Chlorinated solvents, strippers or flammable, solvents must
be recycled by a permitted solvent recycler or disposed of
as hazardous waste. This waste must be shipped by a
permitted hazardous waste hauler to an approved EPA
treatment or disposal facility.
C. Antifreeze must be collected and shipped by an approved
hauler.
d. Used oil filters must be collected and handled by a
permitted hauler or recycler. All fluids must be drained
from filters prior to disposal. These filters cannot be
disposed of in the trash/dumpster unless a hazardous waste
profile indicates otherwise and approval is granted from
this department. Oil filters can be drained and crushed
and sold to an approved metal recyclers (the ones that are
able to handle the filter.) A list of oil filter recyclers
is available upon request.
e. Receipts and/or manifests for all waste generated on site
must be kept at your facility for a minjmum of three (3)
years and made available for review by DERM.
2. Engines must be stored on an impervious surface and under cover
due to potential leaks from filters and fluids inside the
engine. All used parts with .oil and/or grease must also be
stored on an impervious surface. All fluids should be removed
from all gas tanks, transmission, crank cases, oil filters, etc.
prior to crushing or storing. Small parts can be drained of
all fluids and disposed in the dumpster.
�, 58
3. Small oil spills may be cleaned .with absorbent pads that can be
reused several times.
4. Steam cleaning,- pressure cleaning and/or parts washing may not
be done over open ground. '
a. Parts washing must be done in a container or parts washer.
The parts can be rinsed or air dried over the parts
cleaning container. Absolutely no fluid, not even rinse
water, is to be disposed of to open ground, storm drains,
septic tanks or any drainage structure. Research has shown
that this rinse water contains solvents, metals, oil and
grease. Dirty parts washing fluid may be recycled or
disposed of properly, as previously discussed above. A
permitted parts washer contractor who brings new fluid and
takes away the sludge and dirty fluid is the preferred
disposal method.
b. Steam cleaning and/or pressure cleaning must be done in an
area designed to collect and contain the cleaning effluent.
The system may recycle, collect or treat the effluent.
1. If detergents or solvents are not used, an oil/water
separator connected to 'sanitary sewer, with proper
maintenance, will usually allow effluent to meet sewer
standards.
2. If detergents or solvents are used, the oil and grease
are emulsified -and the separator would no longer
function properly. In these cases, treatment or
recycling systems must be used. If the treated water
meets sewer standards, it can be discharged to the
sewer; or for existing facilities on septic tank, it
can be hauled to a sewage treatment plant by a
permitted septic tank hauler. No industrial waste may
be discharged into septic tanks.
***PLANS FOR STEAM CLEANING AND/OR PRESSURE CLEANING SYSTEMS MUST BE
SUBMITTED TO DERM FOR APPROVAL BEFORE CONSTRUCTION.
5. Brake pads and shoes (especially older types) may containing
asbestos. It is recommended that High Efficiency Particulate
Air (HEPA) filter vacuum be used on the braking systems prior to
servicing (whether dust is visible or not.) `"'Once this filter
bag has been filled, it may be double bagged (reinforced
packed), labeled properly as an asbestos containing waste, and
shipped to a Class I landfill for disposal (or it may disposed
of properly as a hazardous waste.)
6. Tires may be hauled away by a permitted hauler to an approved
facility. Single dump permit letters and coupons for facilities
that regularly dispose of tires may be obtained from Metro -Dade
Department of Solid Waste Management (594-1500).
97- 558
0
•
7. Special attention should be paid to storm drain locations (also
known as storm sewers). Storm drains are designed to help
alleviate rainwater build up. These drains are not connected to
the sanitary sewer system, but rather assist in allowing the
rainwater to drain into the ground and groundwater. Therefore,
industrial discharges should not be allowed to drain into these
storm drains. Areas near storm drains must be kept free of oil,
grease and other contaminants so that rainwater does not wash
these materials into the storm drains.
8. Used lead -acid batteries must be'sent to a.recycler. Batteries
must be stored on a concrete or other impervious surface and
undercover until shipment.
9. Do not discharge used coolant, test tank or flush out waters
into septic tanks, storm drains,,sanitary sewers, soakage pits,
or onto the ground surface.
a. Most test tank water, boil out tank sludge, and associated
wash and rinsewaters are considered hazardous waste when
dirty, due to high metal concentrations. Test tank water
and rinsewaters must be treated, recycled or collected.
r
1. If a treatment system is used, the treated effluent
may be discharged into sanitary sewer if it meets
sewer standards. The remaining sludge may have to be
disposed of as hazardous.
2. A recycling system may be used to filter the test tank
water to be reused as clean test tank water. The
filter may have to be disposed of as hazardous.
3. If the test tank water is neither recycled or treated,
it must be collected. It may then be tested to
determine proper disposal. If this water -meets sewer
standards it may be disposed of via sanitary sewer.
If the facility is on septic tank and the waste meets
sewer standards, it may be taken by an approved septic
tank hauler. if the test tank water is hazardous, it
must be disposed of by an approved transporter.
4. The boil out tank sludge must be properly_ handled as a
hazardous waste.
10. Rags used during mechanical repairs or cleaning processes which
become contaminated with waste oil or hazardous materials such
as solvents, ink, etc. are considered hazardous wastes and may
be handled by an approved rag service or an approved hazardous
waste. transporter. Used rags must not be disposed of in the
trash/dumpster unless a hazardous waste profile indicates
otherwise and approval is granted by this department.
11. Facilities that perform AC repair must have equipment to
1. 970— 558
•
•
recapture and/or recycle the refrigerant. Said equipment
requirements are as follow:
- EPA or.UL listed and approved
- able to recover at least 80% -90% of refrigerant
- refrigerant storage containers DOT or UL approved
- for servicing low pressure equipment the unit must be able to
pull a vacuum of at least 29" Hg.
***In all aforementioned situations where the waste is deemed to be
hazardous, a permitted hazardous waste transporter must be used to
transport the waste to a federally approved hazardous waste disposal
facility. Hazardous waste manifests must be maintained at your
facility. The facility generating the waste is required to obtain an
Environmental Protection Agency identification number, unless
classified as a conditionally exempt generator, by contacting:
Bureau.of Waste Planning and Regulation
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
(904)488-4805
Facilities storing large amounts of chemicals or fuels are required
to provide secondary containment for all storage areas. This
containment area should be able to hold 110% of the largest single
tank to be stored in this area. Secondary containment guidelines are
available upon request. Plans must be -submitted to this department
and written approval obtained before construction.
Pollution Prevention SugQestion
The reduction or elimination, at the source, "of discharges or
emissions to the environment.
1. Waste fluids should be segregated and kept separately. This
prevents mixing incompatible substances and prevents
contamination of• a non -hazardous waste by a hazardous waste.
This also allows them each to be recycled or disposed of
appropriately and reduce disposal costs.
2. Recycling of waste fluids is a preferred option. This can either
be done on -site or shipped to an approved recycler off -site.
Units for filtering, adding the necessary additives and restoring
coolant are available. (Installation of sugh units must be
approved by DERM and the Fire Dept.)
3. For small to medium facilities, it may be more economical to have
a parts washer contractor replenish the parts cleaner and remove
the spent solution, than to install a solvent recycling still.
i
4. Large facilities, on -site solvent recycling stills are usually
very economical with payback periods of only 2-3 yeas.
5. Alternative cleaners are available (e.g. special water based
97- 558
•
cleaners) that replace traditional solvent. These can be used in
a variety of system including dip tanks, power washers with jet
sprays, or ultrasonic immersion tanks.
6. Parts cleaning can be done in 3 stages
1. Preclean to remover heavier dirt (e.g. with a wire brush)
2. Sink #1 as an initial sink to do heavier cleaning. Recycled
only after full use.
3. Sink #2 as a final sink for precision cleaning (Used as
make-up for sink #1).
7. Parts can be' removed slowly from solvent sinks and allowed to sit
a few minutes on "dip racks" which drain back to the sink.
Rollaway covers that are kept closed when not in use can be used
on the sink. Sludges should be removed often and properly
disposed, but the solution itself can be used many times.
8. Stop leaks quickly. Drip pans can be placed to catch leaks.
Spot mopping with a bucket (and proper disposal of the water) can
be performed. Floor cleaning machines are available that will
spray a cleaning solution, scrub with brushes, and vacuum up the
solution (to be disposed off properly.) Absorbent pads are
available that allow the oil to be "squeezed out" into a waste
oil drum. The pads can be reused several times.
9. Brake parts should be recycled "and/or sent to the manufacturer
for relining when possible.
10. Tires may be recapped for reuse.
11. Scrap parts can be sold to metal recyclers.
All mechanical repair facilities are required to obtain an Annual
Pollution Control Operating Permit.
Questions will be answered by the Hazardous Facilities Section staff
at (305)372-6600. Any questions concerning pollution prevention
please call the Pollution Prevention Program at (305)372-6827.
:lg
UPDATED: 9/15/93
It 97- 558
P O 2
E. F.. M.
1
Best Management Practices
Y.'v it j..:..�.1� �:141 R J• I.UI.• �i.� �l
for
Golf Course Maintenance Departments
Florida Department
of
Environmental Protection
Agricultural Source and Water Well Management Section
(. May, 1995
IL
97- 558
OB. 20. 9'7 _ 02 : 34gz-A *DADE COUNTY D. E.M-
F04
C Best M na me t Pr ctices for Golf Course Maintenance Departments
Introduction
The. maintenance department is responsible for irrigation, mowing, fertilization,
pesticide application and general upkeep of the golf course grounds. The
maintenance area is where pesticides are loaded into application equipment, mowers
anct other pieces of equipment are serviced, and pesticides, fuel, fertilizer, and .
cleaning solvents are stored. This is where pollution of soil, surface water, or ground
water is most likely to occur. Contamination can occur when pesticides are spilled,
containers or equipment cleaned and the rinsewater dumped on the ground or
discharged into surface water, or improperly cleaned containers are stockpiled or
buried. Proper management of the maintenance area is an important part of
responsible chemical and pesticide use. Poor handling and disposal practices at
these sites can lead to serious environmental problems, expose the ownership to
extensive legal liability for contamination and cleanup, including penalties and fines,
and can create a poor public image for the golf course.
Management practices should be implemented at these maintenance areas that will
prevent the contamination of soil, surface water, and ground water by the materials
stored and handled at these sites. This document describes a number of "Best
Management Practices", or BMPs, which can be put into practice through proper
design and operation of the golf course maintenance facilities and equipment.
Best Management Practice Principles
The general approach to best management practices for golf course maintenance
departments involves three principles :
■:: Isolate all potential contaminants from soil and water, and,
W..;; Do not discharge any material other than clean stormwater onto the ground or
1. Into surface water bodies.
■ Minimize irrigation, fertilizer, and pesticide use requirements through use of
integrated Pest Management and native or naturalized vegetation wherever
practicable.
Tide first principle involves identifying all the materials stored or handled In a golf
course maintenance area along with current practices that could cause environmental
contamination. The next step is to develop management practices which isolate
those materials from soil and water during storage, handling, and disposal. Materials
that may contaminate soil and water include pesticides, fuels, solvents, fertilizers,
2
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06. 20. 91? 02 34PM mDADE COLTNI'Y D. E. R. M. P 0 5
paints, etc. Storing these materials in covered, lockable storage areas, handling
them over impermeable surfaces, cleaning up spills promptly_ and properly, recycling
these materials where possible, and otherwise properly managing wastes will keep
these materials from contaminating soil or water.
The second principle is an extension of the first. It includes preventing contamination
of stormwater and eliminating the discharge of materials such as equipment wash
water to ground or surface waters. Discharge to surface waters can occur directly
through dumping to a lake or canal, or indirectly through discharge to a ditch, storm
drain or swale. Discharge to ground water may occur by percolation through highly
permeable soils, such as the fine sandy soils found in much. of Florida, or by flowing
into sinkholes, improperly constructed wells or other direct conduits to ground water.
Discharges to surface or ground water should be eliminated through the containment
and .collection of equipment washwaters and proper management of the collected
material. Where allowed by the local Department of Environmental Protection (DEP)
District office or local authorities, stormwater, and washwater other than that from
pesticide application equipment, may be discharged to a swale or retention area that
does not connect to a surface water body or provide a direct conduit to the ground
water.
Several specific BMPs for golf course maintenance areas are described below which
comply with these two general principles. if a material handled or a maintenance
practice employed at a golf course maintenance area is not addressed below, golf
course managers can use these principles to devise their own BMP for that activity or
material.
The third principle, that of minimizing fertilizer; pesticide and irrigation use through
use of native vegetation and integrated Pest Management directly impacts the
amount of materials handled annually, reduces the annual maintenance budget, and
encourages good environmental stewardship. An example of how a golf course
owner or operator can obtain assistance in this area is through the Audubon
Cooperative Sanctuary Program (ACSP), a progam of the Audubon Society of New
York State, Inc., sponsored by the the United States Golf Association. This voluntary
program offers extensive planning, guidance, and technical assistance while
requiring no restrictions on the property. All decisions to act on ACSP suggestions
are made by the golf course superintendent and course officials.
aecific Bast ManagqM2nt practices -
Specific BMPs for golf course maintenance areas are listed below by the type of
material handled or the maintenance activity conducted. These are summarized at
the end of this section. Sources for the references provided in each section are
detailed at the end of the document.
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06. 20. 9r7 02 34PM mDADE COLT IVTY D. E. R. M. P06
1.0 Pesticides
1.1. Storage
Storage of pesticides should be in
a lockable concrete or metal
building, located at least 50 feet
from other types of structures to
allow fire department access. The
pesticide storage area should be
separate from other buildings or at
least separate from areas used to
store other materials, especially
fertilizers. Shelving should be
plastic or reinforced metal. Metal
shelving should be kept painted to
avoid corrosion. Wood shelving
should never be used because it
may absorb spilled pesticide
materials.
Figure 1 Storage and 1V Moad facility. Courtesy of CoWer's
ResoM, Country Club, Naples,. I?'f„
Floors should be seamless metal
C. or concrete and sealed with a chemical -resistant paint. The floe
r sho continuous sill to retain spilled materials and it should have no drains u although a
sump may be included. Sloped ramps should be provided at the entrance to allow
wheeled handcarts to move material In and out of the storage area safely. Automatic
exhaust fans and an emergency wash area should be provided. Explosion proof
lighting may be required. It is recommended that the light/fan switch be located
outside the building so that both are on when entering or leaving the building.
Personal protective equipment should be easily accessible and stored immediately
outside of the pesticide storage area. An .inventory of the pesticides kept In the
storage building and the Material Safety Data Sheets (MSDS) for the chemicals used
in- the operation should be accessible on the premises, but not kept in the pesticide
storage room itself (since that would make them unavailable in time of emergency).
Flammable pesticides should be separated from non-flammable. Dry. -bags should be
raised on pallets to ensure that they do not get wet. Liquid materials"should always
be stored below dry materials, never above them. Labels should be clearly legible.
Herbicides, insecticides and fungicides should be separated to prevent cross
contamination and minimize the potential for misapplication. (Since cross
contaminated pesticides often cannot be applied in accordance with the labels, this
makes it necessary to dispose of the contaminated materials as wastes. This may
.Ji1N. 2O 97 (FBI) 13'97 COMMUNICATION N.1 PACK 4
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0
require the services of a consultant and hazardous waste contractor, depending on
the materials involved.)
Storage building plans are available from several sources, including the Midwest Plan
Service, the University of Florida Institute of Food and Agricultural Sciences (IFAS),
and the United States Department of Agriculture -Soil Conservation Service (SCS).
9.2' iMiking and Loading
Loading of pesticides and mixing
with water or oil dilutents should
be done over an impermeable
surface (such as lined or sealed
concrete) so that spills can be
collected and managed. Refer to
the DEP publication D.E.P,
Minimum Construction and
Operation Standards for
Chemical Mixing Centers used
for Pesticide Mixing and
.Goading. Although use of a
chemical mixing center (CIVIC) is
not mandatory, adherence to the
standards in the above
publication .is strongly
encouraged.
The purpose of a CIVIC is to
provide a place where the
operator can perform all
operations where pesticides are
likely to be spilled in
concentrated form, or where
even dilute formulations may be
repeatedly spilled in the same
area, over an impermeable
slsrfaQe. Such a surface should
provide for easy cleaning and
recovery of spilled materials. In
its most basic form, a CIVIC Is
merely a concrete pad treated
with a sealant and sloped to a
Figure 2 Typical golf course mMoad facility. courtesy or
John's Island roast, Sebastian, kL.
Figure 3 SpWs flow into sump, not onto the ground.
Courtary of John's Island West.
.J
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..,. .,.. 1—TI Io.nn rtnvxVTiN1CAT10N N6�4 PAGE. 7 97
— 558
A f'1 A
C iiquid-tight sump where all of the spilled liquids can be recovered. For small spills,
absorbents such as cat litter or sand may be used for clean up of the spill and then
applied as a top dressing in accordance with the label rates, or disposed of as a
waste. Solid materials, of course, can be swept up and reused.
Materials other than concrete, such as tough synthetics, may also be used in some
cases. These materials are often used for portable CMGs where a permanent
facility is not practicable.
Figures 1 through 4 depict some actual CIVICS used at golf courses in Florida.
Designs for CMCs are 'available from several sources including the Midwest Plan
Service, USDA-SCS, and IFAS.
The first principle of CMC
management is that -any
material than collects on the
A pad must be applied as a
pesticide or disposed of as a
waste. Since any water,
including rain, that collects on
the pad must be usod as a
Pesticide or disposed of as a
waste, a roof with a substantial
overhand (minimum 30 degrees)
on all sides is strongly
recommended to protect against �
windblown rainfall. in addition,
most CMCs will have a
provision for pumping out the "
sump to storage tanks one for Figure 4 Tanks are used to Fold �insewater tuitil reuse.
Note separate H, I, and r tanks. courtesy or iahu ® Ystand want.
each general type of pesticide
(ie. herbicide, insecticide, or
fungicide). In this way, spills and rinsate can be saved and used as make-up water
for, :the next time that type of material Is applied. A# spills should be cleaned up
immediately, and the. sump should be pumped dry at the end of each day, or more
frequently when materials are changed to something which is incompatible with
that previously used. Provisions should be made to clean the tires and particularly
dirty areas of the equipment exterior prior to bringing it into the pad area to minimize
a. build up of sediment in the sump. Sediments should be removed from the sump
any time materials are changed to incompatible types so that the sediments can be
applied as a pesticide to the turf at less than the label rate, instead of requiring
gisposal as a (possibly hazardous) waste.
`- - 07— 558
06. 20. 97 02 34F' 0ADE CCJUNTY D. . . M.
P 0 9
It is extremely important to pump out the sump and remove all sediments when
changing pesticides in order to avoid disposal problems due to cross-contaminatlon.
Small spills may also be cleaned up by using an absorbent such as cat litter and then
applying the absorbent to the turf as a pesticide in accordance with the label
instructions, for example, by mixing with dry fertilizer where permitted by the label.
Very small operations may find this method preferable at small mixing areas where
hand/sprayers are loaded.
Pesticide containers should be cleaned immediately upon emptying. Containers
should be properly cleaned by pressure -rinsing or triple -rinsing and the rinse water
dumped into the sprayer as part of the make-up water. Non -rigid bags should be
shaken clean so that all dust and material falls into the application equipment. The
clean containers should be stored in a clean area, out of the rain and weather, until
they can be disposed of or recycled. Storing the containers in large plastic bags is
one popular option to protect the containers from collecting rainwater. The cleaned
containers should be recycled in counties where such a program is available, or
they may be taken to a landfill for. disposal. If you are unable to locate information
about pesticide container recycling programs in your area, you may contact the
University of Florida Pesticide Information Office at (904)-392-4721,
1.3 Pesticide Application Equipment Washwater
Washwater from pesticide application equipment must be managed properly since
this Washwater will contain pesticide residues, The best management practice for
this material is to collect it and use it as a pesticide in accordance with label
instructions for that pesticide. This applies to washwater from both the inside and
outside of the application equipment. Often, the easiest way to do this is to wash
the equipment in the CIVIC. The pad should be flushed with clean water after .
Washing equipment, and the captured washwater should be pumped into the rinsate
storage tank for use in the next application, or it may be applied to the labeled site as
a; dilute pesticide. The applicator is allowed by the Federal Insecticide, Fungicide,
and Rodenticide Act (FiFRA) section 2(ee) to apply a pesticide at less than the
labeled rate. The sump should then be cleaned of any sediment before another
type of pesticide is handled.
1.4 Pesticide !Management Summary
The appropriate practice for the management of pesticide materials depends on the
type of material. The proper practice for each type of pesticide material is listed
below,
7
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P 1 O
Empty containers
a
Excess formulation
Excess mixture
Material used to contain or collect spills
or leaks
Application equipment washwater
P
Transport to an approved pesticide
container recycling facility after proper
cleaning (pressure rinsing or triple
rinsing). if no recycling facility is
available, after proper cleaning dispose
of as solid waste.
Return to manufacturer, use as a
pesticide in accordance with the label,
use a hazardous waste contractor to
remove and dispose.
Use as a pesticide in accordance with
label.
Use as a pesticide by applying to a
labeled site at or below application rate
in accordance with label directions for
use. If is it necessary to dispose of the
material as a waste, contact the DEP
District office for information.
Reuse as a dilutant in subsequent
applications. Use as a pesticide by
applying to a labeled site at or below
application rate in accordance with label
directions for use. Alternatively, treat in
a permitted treatment facility, such as an
evaporation/degradation system. This
requires a DEP industrial wastewater
permit. Contact the DEP District office
for more information.
2.0 Solvents arid. Degreasers
2.1. Storage
Solvents and degreasers are generally flammable and toxic and should be stored in
lockable metal cabinets in an area away from ignition sources and with adequate
s
97— 55�
n n..iITTelT f'ATT(1 T1 iJ .. ••Id PAC: F. 4(1
pg. 20. 9'7 02 : 3411M mDADE COUNTY D. E.
ventilation. Do not store near an area where welding or other similar activities are
performed. Never store with pesticides or fertilizers. An inventory of the solvents �.
stored and the MSDS sheets for these materials should be kept on the premises, but
not in the solvent storage area. Any emergency response equipment recommended
by the manufacturer of the solvent should be kept accessible to the storage area, but
not inside the area itself.
2.2.;Use
Solvents and degreasers should be used over a collection basin or pad that can
collect all used material. The collected material should be stored in marked
containers until it can be recycled or legally disposed of. There are a number of
private firms that provide a service that includes solvent wash basins that drain into
recovery drums. These drums are then picked up and the contents recycled or
properly disposed of Solvents should never be allowed to drain onto pavement or
soil, or discharged into storm drains, sewers or,septic systems, evert in small
ar'nts. Routine discharge of even small amounts of solvents can result in the
accumulation of contaminants in soil or ground water over time, with serious
environmental and liability consequences.
2.3. Disposal
Used solvents and degreasers should be collected, placed into containers marked �•.
with the contents and the date and then picked up by a service that will properly
recycle or dispose of these materials. An WAS publication, DSP-2, has more
information on this.
30 Fertilizers
3.1, Storage
r•
Fertilizers should be stored separately from solvents, fuels, and pesticides since
many fertilizers are oxidants and can accelerate a fire. Ideally, fertilizer should be
stored in a concrete building with a metal or other -flame resistant roof.
Care must be taken when storing fertilizer to prevent contamination of nearby ground
and surface water. Fertilizers should always be stored in an area that is protected
from rainfall. Storage of dry bulk materials on a concrete or asphalt pad may be
acceptable if the pad is adequately protected from rainfall and from water flowing
0
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06. 20. 97 02 : 34D A D E COVrIT'KI D. 6 R. M. P 1 2
across the pad. Secondary containment of liquid fertilizer tanks larger than 550
gallons is addressed in 62-762 Florida Administrative Code (F.A.C.). Even where not
required, the use of secondary containment is a best management practice.
3.2. Loading
Areas where fertilizers are loaded into application equipment should be protected
from rainfall and spilled material cleaned up immediately. Collected material can be
applied to the golf course as a fertilizer. if rainfall protection is not available or
practical for the loading area, thorough cleaning is essential. Cleaning of the area
can be through dry collection methods such as sweeping or vacuuming, or washing
down the loading area. Any washwater generated would have to be collected and
applied to the course. Discharge of this washwater to storm drains or septic
systems is illegal.
4.0 Grass ClipRingg
Grass clippings removed from mowers should be handled separately from other
waste materials and equipment washwater. . Many manufacturers now recommend '
the \use of compressed air to blow off equipment. This is more protective of hydraulic
seals on the equipment, eliminates the washwater, and produces dry clippings that
are easy to handle. Another method Is to clean mowers over a separate concrete or
asphalt pad that allows water to run off onto turf or soil, but not into a surface water
body or canal. The CMC should not be used for this purpose, in order to keep
clippings and other debris from becoming contaminated with pesticide residue. The
grass clippings will collect on the pad. After drying on the pad, the clippings can be
collected and composted or spread in a wooded area or rough.
5 A. Used oil. antifreeze and -Lead -acid batteries
Used oil and antifreeze should be collected in marked containers and offered for
recycling. in Florida, recycling is the only legal option for handling used oil.
Antifreeze must be recycled or disposed of as a hazardous waste. There are
commercial services that will collect this material. The WAS publication DSP-2 has
information on this subject.
Lead -acid storage batteries, such as used in golf carts and for starting other
equipment, are classified as special wastes and must be recycled. All lead -acid
battery retailers are required by law to accept returned batteries for recycling. Used
acid from these batteries contains high levels of lead and must be disposed of as
hazardous waste, unless contained within a battery being recycled.
10
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S '7 02 : 34 P� �k D A R E
C O U IV -r -z
D. � R. IJl. F' 1 3
6.0.
Gasoline, Diesel fuel
_,
Fuel storage tanks should be in compliance with DEP storage tank regulations
(Chapter 62-761 F.A.C. for underground tanks and 62-762 F.A.C. for aboveground
tanks) Call On t DEP
e neares
District office for information
on these requirements. In
general, underground tanks
with volumes over 110 gallons
and above -ground tanks with
volumes over 550 gallons
must be registered and
located within secondary
containment systems.
Fuel dispensing areas should
be designed and managed to
prevent soil and water
contamination. Concrete or
asphalt surfaces should be
provided near the fuel pumps. The pumps should not be located where a spill or leak
would cause fuel to flow onto the ground or into a storm drain or surface water body.
Yigure 5 Fueling area. Note the continuous curb. courv-Sy of
John'3 Isluid WCSL
Secondary containment structures are required for above -ground fuel tanks over 550
gallons. The best practice is for these structures to be roofed to keep out rainfall.
Building the containment structure so that it is tall rather than wide will also help with
minimizing rainfall accumulation by reducing the amount of surface area of the
structure. if the structure is not roofed, then water that accumulates must be
managed properly. !f the structure has a discharge port, make certain that it Is
closed and locked except when uncontaminated rain water is to be drained. The
best option is to have no discharge port and to use a portable sump pump to
remove water when it is necessary. A discharge port Invites the possibility that It
may be left open when a leak occurs.
The first line of management is to minimize the need to discharge. if the containment
volume is adequate, evaporation of accumulated rainfall will often be sufficient.
Critical levels at which discharge is considered should be established for each facility
and the levels. marked on the containment wall. This will prevent frequent and
unnecesary discharge of small volumes.
c
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97- 55S
0E. 20. 97 02 34PM mDADE COUNTY D.
Tom'
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The water to be discharged must
always be checked for r a , --
contamination. This can be done by
looking for an oil sheen, observing
any smell of fuel or oil, or through
the use of commercially available
test kits. Never discharge any water
that is contaminated. Contaminated
water must be treated on site using
commercially available treatment
systems, or discharged to an off -site
treatment system directly or by being
transported by tanker truck to a
treatment facility. Never discharge Figure
to a sewer system without written station.
permission from the utility. For more
information on treatment options, contact the appropriate DEP District office.
6 Fueling and general equipment wash
Coumsy of Collier's Reserve.
If the water is not contaminated, it can be discharged to a stormwater system,
retention area, or grassed swale. Do not discharge it during a rain event, since the
added flow may cause it to run-off to a sensitive area.
7.0. General Equipment Washing
Washwater generated from the cleaning of equipment other than pesticide application
equipment does not have to be collected and applied to the course. This Washwater
must not, however, be discharged to surface water either directly or through ditches, .
storm drains or canals. Equipment
Washwater can contain soaps,
fertilizer residues, solids, and
lubricating oil residues. This
wdshwater should not contain
solvents and degreasers. These
materials should be used in a °
separate operation. See section 2.0
above for information on solvents
and degreasers.-
F3MPs for washwater from other than
pesticide application equipment
depend on the quantity generated. if
Figure 7 Wash water recycling system. Courtasy or
CQUier's Reserve.
12
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pg. 20. 97 02 : 34P mDADE COUNTY ,. �R. M. P 1 5
quantities less than 500 gallons per day are generated, the DEP District office may
allow the washwater to drain to a grassed retention area or swale, as long as no
direct contact with a surface water body occurs. Discharge to a septic system is not
legal.
For larger quantities, the options are:
■ use of a washwater recycling system, or
®- discharge to a treatment system that has been permitted under DEP industrial
wastewater rules, or
n discharge to a domestic sewer system (with written permission from the utility).
If you decide to use a wash water recycling system, care must be taken to operate it
properly. Do not clean pesticide application equipment using these systems. The
introduction of pesticide residues into these systems can result in contamination of
the systems and high costs for disposal of contaminated filters and sludges.
If you generate more than 100 gallons per day, you should contact the DEP District
Office that is responsible for your area. In many cases, the District office will allow
discharges up to 500 gallons per day without a permit provided that the washwater is
not going to a surface water body or other sensitive area.
For all quantities generated, the amount of detergents used should be minimized.
The amount of water used to clean equipment can be minimized by using spray
nozzles that generate high pressure streams of water using low volumes. .
Oil/water separators can be used, but must be managed properly to avoid problems.
First, do not wash equipment used to apply pesticides on pads using oil/water
sgpararors, since the pesticide residues will contaminate the oil that is salvaged.
Second, be aware that the oil collected in these systems may be classified as a
hazardous waste, depending on its composition, making disposal expensive. Oil
water separators are not necessary unless the water from the system is to be
reclaimed for some particular end use, or large volumes of water are generated and
the industrial wastewater permit or receiving utility requires such a system.
8.0 Eoulprnent 5torauo
Equipment used to apply pesticides and fertilizers should be stored in an area
prpteoted from rainfall. Rain can wash pesticide and fertilizer residues from the
exterior of this equipment and these residues can contaminate soil or water.
Pesticide application equipment can be stored in the Chemical Mixing Center, but
fertilizer application equipment should be stored separately.
97- 558
P 1 B
R. M.
9.0 Summary
Material or Activity to be Managed Best Management Practice
Pesticide Mixing and Loading Chemical Mixing Center and proper
operation and maintenance. See
summary in section 1.4.
Solvents from equipment washing Separate solvent collection systems
such as solvent wash baths.
Soaps, other non -solvent materials used
to wash equipment, oils washed off of
vehicles
For less than 500 gallons per day -
Washwater areas that allow water to
seep into grassed retention areas or
swales not connected to surface water.
For more than 500 gallons per day -
Industrial wastewater treatment system,
water recycling systems (provided no
Pesticide residues enter system), or,
with written permission, hook-ups to
waste water treatment plants.
Fertilizer storage
Covered fertilizer storage areas with
curbs or berms to prevent water from
entering. Secondary contaiment should
be used even where not required.
Pesticide storage
Covered, locking concrete or steel
buildings with adequate ventilation and
metal shelving, no floor drains, and a
berm or sill to contain spills.
Used oil, antifreeze
Collection and recycling.
Gasoline, diesel fuel
Compliance with DEP regulations for
above -ground and below -ground tanks,
closing of stormwater drains in
immediate vicinity of fueling point.
14
4
58
r
DADE CpLTNTY D. ion. M.
O 6. 2 d. 9 '7 0 2 3 4 P� .
Additional Sources of Information \.
Agricultural Engineering Department, Institute of Food and Agricultural Sciences,
University of Florida, Gainesville, Florida, 32611. Phone: (904)-392-2468.
Audubon Society of New York State, Inc. 46 Rarick Road, Selkirk, NY 12158.
Phone: (518)-767-9051
F(arida Department of Environmental Protection, Agricultural Source and Water Well
Management Section, MS-3515, 2600 glair Stone Rd., Tallahassee, Florida, 32399-
2400. Phone: (904)-488-3601.
Golf Course Superintendents Association of America. 1421 Research Park Drive,
Lawrence, KS 66049 Phone: (913)-841-2240.
Midwest Plan Service, 122 Davidson Hall, Iowa State University, Ames Iowa 50011-
3080. Phone: (515)-294-4337.
Pesticide Information Office, University of Florida Institute of Food and Agricultural
Sciences, Gainesville, Florida, 32611. Phone (904)-392-4721
University of Florida Institute of Food and Agricultural Sciences, Palm Beach County
Cooperative Extension Service, 2976 State Road 15, Belle Glade, Fi. 33430. Phone:
(407)-996-1655.
United States Department of Agriculture -Soil Conservation Service. P.O. Box
141510, Gainesville, FL 32605. Phone: (904)-338-9555.
United States Golf Association, P.O. Box 708, Far Hills, NJ 07931.
Phone: (908)-234-2300
Publications
Audubon Cooperative Sanctuary Program for Golf Courses, Audubon,Society of New
York State, Inc. 46 Rarick Road, Selkirk, NY 12158. Phone: (518)-767=9051
Designing Facilities for Pesticide and Fertilizer Containment. MWPS-37. MidWest
Plan Service.
Disposal Options for Agricultural Wastes. DSP-2. IFAS Palm Beach County
Cooperative Extension Service.
15
O B .• 2 0. 97 02 : 34 m D A D E c O LJ N T Y D. tp R. M. P 1 8
Conference Proceedings from the National Symposium on Pesticide and Fertilizer
Containment: Design and Management. MWPS-C1. MidWest Plan Service.
Conference Proceedings from the National Symposium on Pesticide and (~ertilizer
Containment: Design and Management 2. MWPS-C2. MidWest Plan Service.
Minimum Construction and Operation Standards for Chemical Mixing Centers used
for Pesticide Mixing and Loading. Florida Department of Environmental Protection,
,Agricultural Source and Water Well Management Section
FDEP District, Offices
Northwest (Pensacola) (904)-444-8300
Northeast (Jacksonville) (904)-448-4300
Cantral (Orlando) (407)-325-2290
CSoutheast (W. Palm Beach) (407)-433-2650
Southwest (Tampa) (813)-744-6100
South (Ft. Myers) (813)-332-6975
FDEP Agricultural Source and
Water Well Management Section
(Tallahassee) (904)-488-3601
Acknowledgements
The Florida Department of Environmental Protection extends Its gratitude to the
following for their assistance and advice in producing this document."The staff and
management of Collier's Reserve and St. John's Island West golf courses, the
Audubon Society of New York State, Inc., the United States Golf Association, the
Golf Course Superintendents Association of America, and the Florida Department of
Agrlculture and Consumer Services.
16
4
E
�- 58
e
EXHIBIT F
97- 558
AftEASE AGREEMENT
MW
THE LEASE AGREEMENT, made and entered into this 18 day of
February , 1986, by and between the CITY OF MIAMI, a
municipal corporation of the State of Florida (hereinafter called
the "LESSOR"), and Norman Durbin, Thomas Parks and Steve Savel,
(hereinafter called the "LESSEE").
Now, therefore, in consideration of the mutual covenants
hereinafter contained, the parties hereto covenant and agree as
follows:
1. PREMISES TO BE LEASED
For and in consideration of the mutual covenants hereinafter
set forth, LESSOR does hereby lease to LESSEE the property
described on the attached Exhibits A & B, hereinafter referred to
i
as Leased Premises and depicted as a portion of the Miami Springs
Golf Course, located at 650 Curtiss Parkway, Miami Springs,
Florida 33166.
2. TERM OF LEASE AGREEMENT
The term of this Lease Agreement shall be for five (5) years
commencing on the 19 day of February , 1986 and
terminating on the 18/Feb. day of 1991. At the end of this period,
LESSOR may, at its discretion, extend the term for an additional
five (5) years commencing on the 19 day of
February , 1991 and terminating on the 18 day of
February , 1996. LESSOR shall notify LESSEE, in
writing, of its intent to extend the agreement no earlier than
six (6) months prior and no later than three (3) months prior to
the termination of the initial five-year term.
3. USE OF PROPERTY
LESSEE agrees that the Leased Premises shall be used for the
purposes generally associated with the operation of a golf course
driving range and pro shop, including, but not limited to the
following:
I. Driving Range:
a) Offer, for use at prices comparable to other public
golf courses in the City of Miami and Dade County,
practice range balls of good quality for golfing
patrons.
97- 558
J.
b) Retain offer the services of a #1fing
professional for instructional purposes.
II. Pro Shop:
a) Stock with appropriate golf attire and equipment
and have sufficient golf clubs available for
rentals.
b) Allow for appropriate counter space by which LESSOR
may install a cash register for sale of greens
fees, cart rentals and other established or future
fees and charges, to be operated by the LESSOR.
4. HOURS OF OPERATION
LESSEE agrees to have driving range and pro shop facilities
staffed and open to the public for the same hours gas the golf
course is open to the public. This shall be considered minimum
operating hours thereby allowing LESSEE to expand operational
hours subject to the approval of the City Manager and appointed
designees.
5. IMPROVEMENT
LESSEE agrees to invest approximately $35,000 in pro shop
and driving range improvements during the first two years of
operation unless prevented by authorities having jurisdiction
over such improvements.
LESSEE agrees that no construction, repairs, alterations or
improvements may be undertaken, upon the Leased Premises as
described in Paragraph 1, Exhibits A and B, unless the plans:
(1) Be first submitted to Property & Lease
Management, for presentation and review
by the Department of Parks and
Recreation, and any other departments
and offices with jurisdiction, and
(2) Be approved by the City Manager of the
City of Miami, Dade County, Florida, and
(3) Be in compliance with all state, county
and city rules and regulations, 'and any
other agency that may have jurisdiction
in these matters.
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
9'7-- 558.
6. CONSIDERATI
LESSEE does hereby covenant and agree to pay LESSOR, as
rental, for the use and occupancy of the Leased Premises
throughout the period of this Lease Agreement, the following:
I. Driving Range
The greater of twenty percent (20%) of all gross
revenues or a minimum annual guarantee in the amount of
four thousand ($4,000) dollars.
II. Pro Shop
The greater of ten percent (10%) of all,gross revenues
or a minimum annual guarantee in the amount of three
thousand ($3,000) dollars.
7. INSURANCE
LESSEE shall maintain during the term of this Lease
Agreement the following insurance:
A. General Liability Insurance on a Comprehensive General
Liability coverage form or its equivalent, with a
combined single limit of at least One Million Dollars
($1,000,000) per occurrence for bodily injury and
property damage liability. Products and completed
operations coverage, personal injury, contractual
liability, and premises medical payments coverages in
the amount of at least $1,000 per person shall be
included. The CITY shall be named as an Additional
Insured.
B. Worker's Compensation coverage in accordance with the
Florida Statutes.
C. All Risk Property insurance coverage on a replacement
cost basis for real and personal property located on
the designated premises leased to LESSEE by LESSOR
which shall include theft or burglary, and business
interruption coverage in a sufficient amount to cover
potential loss of income due to an insurable loss. The
CITY shall be named as a Named Insured on such policy.
-3- 97- 558,
D. The policy Wolicies of insurance required 01 be
written in a manner such that the policy or policies
may not be canceled or materially changed without sixty
(60) days advance written notice to LESSOR. Written
notice shall be sent to the Risk Management Division,
Department of Finance.
Evidence of compliance with the insurance requirements shall be
filed with the Risk Management Division of the City of Miami
prior to execution of this Lease Agreement and each renewal.
Such insurance shall be subject to the approval of the Risk
Management Division. All insurance policies required must be
written by a company or companies rated at least "A" as to
management and Class "X" as to financial strength, in the latest
edition of the Best's Insurance Guide, published by Alfred M.
Best Company, Inc., 75 Fulton Street, New York, N.Y. Compliance
with the foregoing requirements shall not relieve LESSEE of its
liability and obligations under this section or under any other
portion of this Lease Agreement.
8. INDEMNIFICATION
LESSEE covenants and agrees that it shall indemnify, hold
harmless, and defend LESSOR from and against any and all claims,
suits, actions, damages or causes of action arising during the
term of the Lease Agreement for any Personal Injury, Loss of
Life, or Damage to Property sustained in or about the Leased
Premises, by .,reason of or as a result of LESSEE'S occupancy
thereof, and from and against any orders, judgements or decrees
which may be entered thereon, and from and against all cost,
attorney's fees, expenses and liabilities incurred in and about
the defense of any such claim and the investigation thereof.
9. LICENSES
LESSEE shall obtain and pay for all licenses and permits for
the operation of the Leased Premises, if applicable.
10. DAMAGES OR LOSS TO LESSEE'S PROPERTY
LESSEE releases LESSOR from any and all liability, cost or
expenses for damage, or loss to LESSEE'S property for any cause
whatsoever. Security is the sole responsibility of LESSEE.
97- 558
l
a
1,1. UTILITIES
LESSEE shall pay for all utilities consumed on the Leased
Premises, as well as connection and installation charges thereof
and waste collection, if any, with the exception of the water and
sewer usage.
In that the existing pro shop is a part of the Country Club
complex, LESSOR will determine the percentage of utility charges
belonging to the Leased Premises used by LESSEE, based on cubic
feet or square feet, whichever standard is applicable. LESSOR
will bill LESSEE for such utility charges, to be paid by LESSEE
no later than thirty (30) days after receipt of the bill.
In the event LESSEE does not agree with LESSOR about the
cost allocation of the utility charges belonging to the Leased
Premises used by LESSEE, LESSEE shall first pay such bill then it
may install separate meters at its sole cost and expense.
12. MAINTENANCE OF LEASED PREMISES
LESSEE covenants and agrees that it shall, at its own cost
and expense, maintain all Leased Premises in good and operable
condition in a manner normally afforded such facilities, during
the term of this Lease Agreement, and will keep the Leased
Premises in a condition of proper cleanliness, orderliness, state
of attractive appearance, and at optimum operational level at all
times. One exception will be the irrigation system and grounds
maintenance on the driving range, which will be maintained by
LESSOR. If the Leased Premises and driving range are not kept
clean and attractive in appearance or proper state of repair, at
the option of LESSOR, or his designated agent, LESSEE shall be so
advised, and, if not corrected by LESSEE within seven (7) days
time, LESSOR may cause the Leased Premises to be cleaned and/or
repaired at LESSEE's cost and expense, and LESSEE shall' reimburse
LESSOR within thirty (30) days from the notice to LESSEE, for
said costs and charges. Continued breach of this section will be
considered a default of this Lease Agreement.
13. ASSIGNMENT AND SUBLETTING OF PREMISES
LESSEE shall not, at any time during the term of this Lease
Agreement, sublet any part of the premises, or assign this Lease
Agreement or any portion or part thereof, except and by virtue of
-5=
written authorization 0ted by an authorized representOe of
the City to LESSEE.
14. SUCCESSORS AND ASSIGNS
This Lease Agreement shall be binding upon the parties
herein, their heirs, executors, legal representatives,
successors, and assigns.
15. CONDITIONS SUBSEQUENT
LESSEE agrees to pursue possible installation of a lighting
system for the driving range at LESSEE's sole cost and expense.
Should LESSEE be successful, plans must be submitted pursuant to
Paragraph 5 of this Lease Agreement.
16. EXAMINATION OF PREMISES
LESSEE agrees to permit LESSOR'S City Manager or his
designee to enter upon the Leased Premises at any time for any
purpose LESSOR deems necessary to, incidental to or connected
with the performance of LESSOR'S duties and obligations hereunder
or in the exercise of its rights or functions.
17. ADVERTISING
LESSEE shall not permit any signs or advertising matter to
be placed on any portion of the Leased Premises except with prior
written approval of the City Manager or his designee.
18. RULES AND REGULATIONS
LESSEE agrees that it will abide by any and all rules and
regulations pertaining to the use of the Leased Premises which
are not in effect, or which may at any time during the term of
the Lease Agreement be promulgated.
19. TERMINATION
LESSEE agrees that it will perform and abide by all the
terms and covenants of this Lease Agreement. In the event of any
breach of any such term or covenant LESSOR may terminate this ;
Lease Agreement upon thirty (30) days notice of LESSEE.
LESSOR may terminate this Lease Agreement, with or without
cause, upon given six (6) months notice, in writing, of LESSOR'S
intention to cancel this Lease Agreement, provided, however,
LESSOR shall pay to LESSEE the actual cost of the improvements
(as evidenced by the documents included in this Lease Agreement
pursuant to Section 5) which will take into consideration the
unamortized life of the improvements based on a ten (10) year
-6- 9 5 5 8
straight line of dociation schedule. Payment 0 the
depreciated actual cost of the improvements, if any, shall be
made as of the date of such cancellation of the Lease Agreement
and must be paid within thirty (30) days of the ensuing budget
year.
20. DEFAULT PROVISION
In the event that LESSEE shall fail to comply with each and
every term and condition of this Lease Agreement or fails to
perform any of the terms and conditions contained herein, then
LESSOR, at its sole option, upon written notice to LESSEE may
cancel and terminate this Lease Agreement, and all payments,
advances, or other compensation to be paid to LESSEE by LESSOR in
terminating this Lease Agreement shall be forfeited by LESSEE as
liquidated damages.
21. GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Lease Agreement shall be in writing and
shall be delivered by personal service, or by registered mail
addressed to the other party at the address indicated herein or
as the same may be changed from time to time. Such notice shall
be deemed given on the, day on which personally served; or if by
mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier-.
CITY OF MIAMI NORMAN DURBIN, THOMAS PARKS
City Manager AND STEVE SAVEL
P. 0. Box 330708 725 Hunting Lodge Drive
Miami, Florida 33133 Miami Springs, Florida 33166
B. Title and paragraph headings are for convenient
reference and are not a part of this Lease Agreement.
C. In the event of conflict between the terms of this
Lease Agreement and any terms or conditions contained in any
attached documents, the terms in this Lease Agreement shall rule.
22. SURRENDER OF PREMISES
Upon termination of this Lease Agreement by lapse of time or
otherwise, LESSEE will promptly and peacefully surrender and
deliver possession to LESSOR of the premises to which this Lease
Agreement is applicable, in accordance with the covenants herein
contained.
97_ -558
23. NON-DISCRIMI ON
LESSEE agrees that there will be no discrimination 'against
any person on account of race, color, sex, religious creed,
ancestry, national origin, mental or physical handicap, in the
use of the demised premises and the improvements thereof. It is
expressly understood that upon presentation of any evidence of
discrimination LESSOR shall have the right to terminate this
Lease Agreement.
24. AFFIRMATIVE -ACTION PLAN
In an effort to reflect the minority percentages
representation of the City of Miami population, LESSEE agrees to
hire appropriate personnel which shall be composed of no less
than fifty percent (50%) minorities.
25. AMENDMENTS
No amendments to this Agreement shall• be binding on either
party unless in writing and signed by both parties.
26. AWARD OF AGREEMENT
LESSEE warrants that .it has not employed or retained any
person employed by LESSOR to solicit or secure this Lease
Agreemen`, and that it has not offered to pay, paid, or agreed to
pay any person employed by LESSOR any fee, commission,
percentage, brokerage fee, or gift of any kind contingent upon or
resulting from the award of making this Lease Agreement.
27. CONFLICT OF INTEREST
LESSEE covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Lease Agreement has any personal financial
interests, direct or indirect, in this Lease Agreement. LESSEE
further covenants that, in the performance of this Lease
Agreement, no person having such conflicting interest shall be
employed. Any such interests on the part of LESSEE or its
employees, must be disclosed in writing to LESSOR.
LESSEE is aware of the conflict of interest laws of the City
of Miami (Miami City Code Chapter 2, Article V), Dade County,
Florida (Dade County Code, Section 2-11.1) and the Florida
Statutes, and agrees that it will fully comply in all respects
with the terms of said laws.
M
558
LESSEE, in the per mance of this Lease Agreement, �l be
subject to the more rem rictive law and/or guidelines regarding
conflict of interest promulgated by federal, state or local
government.
28. CONSTRUCTION OF AGREEMENT
This Lease Agreement shall be construed and enforced
according to the laws of the State of Florida.
29. SEVERABILITY
In the event any paragraph, clause or sentence of this Lease
Agreement or any future amendment is declared invalid by a court
of competent jurisdiction, such paragraph, clause or sentence
shall be stricken from the subject Lease Agreement and the
balance of the Lease Agreement(s) shall not be affected by the
deletion thereof.
30. INDEPENDENT CONTRACTOR
LESSEE and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of LESSOR, ---- -.-._- - -- -•_
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of CITY, or any rights generally
afforded classified or unclassified employees; further it shall
not be deemed entitled to the Florida Workers' Compensation
benefits as an employe.e of LESSOR.
31. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Both parties shall comply with all applicable laws,
ordinances and codes of Federal, State and -Local Governments.
32. MINORITY PROCUREMENT COMPLIANCE
LESSEE acknowledges that it has been furnished a copy of
Ordinance No. 9775, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto,
33• WAIVER
No waiver of any provision hereof shall be deemed to have
been made unless such waiver be in writing signed by the City.
The failure of .the City of Miami to insist upon the strict
performance of any of the provisions or conditions of this Lease
Agreement, shall not be construed as waiving or relinquishing in
-9- 97� 558
the future any such Onants or conditions but the saeshall
continue and remain in full force and effect.
34. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no.force or effect.
35. PERFORMANCE BONDS
LESSEE shall post a performance bond in the amount of
Twenty-five Thousand ($25,000.00) Dollars with LESSOR within
thirty (30) consecutive calendar days after the execution of this
Agreement to stand as security for the performance of LESSEE's
obligation hereunder. Said performance bond shall be posted in
cash or issued by a surety company authorized to do business in
the State of Florida and shall be refundable at the termination
of this Agreement if all terms and conditions of this Agreement
have been satisfied. If the performance bond is on an annual
coverage basis, certified evidence of renewal for each succeeding
year shall be submitted to the Property & Lease Management
Division, thirty (30) days prior to the termination date of the
existing performance bond.
IN WITNESS WHEREOF, Ithe parties hereto have individually,
through their proper officials,' executed this Lease Agreement the
.day and year above written.
LESSOR: LESSEE:
THE CITY OF MIAMI, FLORIDA NORMAN DURBIN, THOMAS PARKS,
a Municipal Corporation of AND STEVE SAVEL
The State of Florida
Z
CESAR H. ODIO NORMAN DURBIN
CITY MANAGER
ATTEST:
MATTY HIRAI
CITY CLERK
WITNJJE,,SS:
_ , l
977 , 5 8.
APPROVED AS/T� FORM AND
CORRECTNESS: /
CiA A. DOUGtERTY
CITY ATTORNEY
APPROVED AS TO INSURANCE
REQUIREMENTS:
K M �EME-N T
a
THOMAS PARKS
WITNESS:
r'x
r
A,-�J4�
STEVE SAVEL
WITNESS:
97- 558
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EXHIBIT A
EXISTING PRO SHOP AND
PROPOSED FUTURE SITE
SITE DESCRIPTION
.zs ;�
TF7 I- j, �( �f'. �\ !/+ y �• The Driving Range - the area to be le& sed
+.��.'. .4",� !` i . \ / is a part of an estimated 23 acre 'excess
— - %,,,,,.�,,, ,� ,' � ,., �'��•.� -� area on the westernly portion of "s` n' the
- �` \ i .�, �' ; !'..,.` , facility. The driving range area shall
c.,p > r�<• ,'so be designated by the City and shall not
4 N.
include other 'excess' area.
it ... .. __. _.'•=�... ..—.. ..� 6f' ... .. % i .. • �� � ^`\\• ' .. - _• (.. _ ' i��•,� � .
je
ro.w
7 YZIA C
• _ �.. //jam\ ..},'
EXHIBIT " B "
GENERAL AREA OF DRIVING RANGE
RECEIVED r�
DIR C� 1977
OF
�O`��SGtioo Sv
CITY OF MIAMI
AND
LEASE AGREEMENT
FOR
A PART OF
THE CITY OF MIAMI COUNTRY CLUB
CLUBHOUSE
FOOD CONCESSION
MIAMI SPRINGS, FLORIDA
r. S�
- p��lt'.ERTY
ACT 4. 10?7
I N D E X
PAGE NO.
1.
DESCRIPTION OF THE PREMISES ...............
1
2.
USE OF PREMISES .......................
2
3.
TERM ........................................
3
4.
RENT ...................................... ..
3
5.
RECORDS, ACCOUNTS AND STATEMENTS .... ..
4
6.
LIQUOR LICENSES .............................
4
7.
HOURS OF OPERATION ...................... ..
5
8.
DESCRIPTION OF COMMODITIES AND PRICES...
5
9.
STANDARD OF QUALITY - SUPPLIES......... ..
5
10.
EMPLOYEES, STAFF AND HEALTH REGULATIONS
6
i 1.
SERVICE ENTRANCE ...........................
6
12.
HOUSEKEEPING AND CUSTODIAL SERVICES .....
6
13.
MAINTENANCE OF INTERIOR OF PREMISES .....
6
14.
MAINTENANCE OF EXTERIOR OF DEMISED
PREMISES ......................................
7
15.
CONDITION OF PERSONAL PROPERTY...........
7
16.
ALTERATIONS BY LESSEE ......................
8
17.
ALTERATIONS OR REPAIRS BY CITY .............
8
18.
INSPECTION OF PREMISES ......................
9
19.
BURGLAR ALARM ..............................
9
20.
ASSIGNMENT OR SUBLETTING ..................
9
21.
ADVERTISING ..................................
9
22.
PAYMENT OF UTILITIES ........................
9
23.
PAYMENT OF TAXES ...........................
10
24.
NON-DESCRIMINATION .........................
10
25.
HOLD HARMLESS PROVISION ....................
10
26.
L
PROPERTY DAMAGE AND PRODUCTS .. .
LIABILITY .............................
r, 27.
RISK OF LOSS ..........................
28.
DAMAGE OR DESTRUCTION OF PREMISES
29.
DEFAULT .............................
30.
TERMINATION OF LEASE ...............
31.
ATTORNEYS' FEES .....................
32.
CANCELLATION BY CITY ...............
33.
SURRENDER OF PREMISES .............
34.
WRITTEN NOTICES ....................
35.
LAWS AND LEASES APPLICABLE .......
36.
CAPTIONS .............................
37.
BINDING ON SUCCESSORS ...............
IN WITNESS WHEREOF
PAGE NO.
11
11
12
12
12
13
13
13
13
13
14
14
g 558
LEASE AGREEMENT
THIS LEASE AGREEMENT, made this / " - day
of : ,j):�(; 1Z('.1. (; , 1977, between the CITY OF MIAMI, a
i
municipal corporation, hereinafter called the "CITY", and ANTONIO
MOLINA, hereinafter called the "Lessee
WITNESSETH
WHEREAS, pursuant to Resolution the
Commission of the City of Miami has authorized the City Manager
to enter into an Agreement for a period of five (5) years with a
five (5) year option with Antonio Molina, for the leasing of the City
of Miami Country Club Golf Course Clubhouse, located at 650 Curtiss
Parkway, Miami Springs, Florida, to be used to operate a Food
J
and Beverage Concession; and
WHEREAS, in conjunction with the leasing of the premises,
the Lessee shall have the exclusive rights to sell, offer for sale,
rent or otherwise dispose of food and beverages on the premises
described in this lease; and
NOW, THEREFORE, in consideration of the premises and
mutual covenants hereinafter contained to be observed and performed,
the parties hereto hereby covenant and agree as follows:
1. DESCRIPTION OF THE PREMISES:
For and in consideration of the mutual promises
herein contained, the CITY hereby leases to Lessee and
Lessee hereby leases from City certain portions of the
- 1 -
i
ti
0 - 0
real property together with improvements contained thereon described
as follows; A portion of the premises known as 650 Curtiss Parkway,
Miami Springs, Florida, said portion to be leased being as set forth in
the attached Floor Plan marked Exhibit "A", attached hereto and made a
part hereof as though set forth in full herein, together with certain furniture,
fixtures and equipment set forth in the Inventory attached hereto and made
a part hereof as though set forth in full marked Exhibit "B".
2. USE OF PREMISES.
Lessee shall have the exclusive rights to sell, offer for sale,
rent or otherwise dispose of food and beverages, subject to specifications
and qualifications hereinafter contained and in all of the provisions of this
agreement. Lessee shall use the premises for the primary purpose
of operating a restaurant, and incidental thereto Lessee is authorized to sell
i
alcoholic beverages. The operations as authorized upon the premises shall
be designed primarily to serve the golfing public, and all other food and
beverage business shall be subordinate to the service to be provided the
golfing public. Lessee shall operate and maintain portable service units,
mobile in character, for the purpose of dispensing food and beverages at
specific locations upon the golf course known as the City of Miami Country
Club at Miami Springs. The type of service unit, the food and beverages
to be dispensed therefrom, and the specific locations at which these service
units will be operated shall be as specified in writing by the City Manager
of the City, provided, however, that the Lessee shall submit written
proposals to the City Manager for consideration.
The premises shall be used for no other purpose by the Lessee
unless specifically authorized in writing by the City Manager of the City.
-2-
3. TERM:
The term of this Lease Agreement shall be for a term
_ y
of five (5) years, commencing on the',j ' — day of
1977, and terminating on the day 'et.
of ! f 1982. The Lessee shall have the right to
y
negotiate to extend the Agreement for one additional period of
five (5) years. At the close of this period, the City may, at its
sole option, agree to offer the extension of orie additional period
of five (5) years provided that, in the opinion of the City, the Lessee
has shown sufficient basis for extension of the Agreement in terms of
investment in alterations and improvements to the leased premises
and in terms of offering superior service.
4. RENT:
Lessee shall pay to the City the minimum rent or the
percentage rent as follows;
Lessee shall pay to the City either the minimum rent of
$20, 000. 00 or 12 per cent of the gross sales (hereinafter defined) for
each lease year, whichever amount is the greater. The percentage
rent shall be computed monthly and applied to the minimum annual
guarantee or paid within thirty days following the end of each lease
month simultaneously with the delivery of Lessee to the City of its
monthly report of Gross Sales.
All payments of rent hereunder shall be made payable to the
City of Miami and sent to the Office of the City Manager, Dinner Key,
Miami, Florida, unless the City Manager of the City of Miami notifies
Lessee otherwise.
GROSS SALES
The term "gross sales" shall mean the aggregate of the gross
sales or gross volume of business done in or from the,premises or from
- 3 -
�y 558
the golf course area, including but not limited to the portable service
units as set forth in Paragraph 2 hereof, either for cash or credit, whether
or not collected. Gross sales shall not mean to include: gratuities to
Lessee's employees, amounts of any federal, state or city sales taxes
collected by Lessee, or any other tax collected by Lessee from customers
required by law to be remitted to the taxing authority, (Lessee shall not
assume any tax liability which may be required to be collected from the
consumer); or the amount of any charges made by recognized credit card
companies for the use of their services.
5. RECORDS, ACCOUNTS AND STATEMENTS:
Lessee shall keep on the premises, or such other place approved
by the City Manager of the City, true, accurate and complete records and
accounts of all sales, rentals and business being transacted upon or from
the premises, and shall give access to City's authorized representatives of
the City during reasonable business hours to examine and audit such records
and accounts.
Within thirty (30) days after each month of the term hereof, i
Lessee shall deliver to City a written monthly statement of the gross receipts
for such month certified by Lessee to be true, accurate and complete.
Within thirty (30) days after each fiscal year, Lessee shall deliver
to City a balance sheet and income statement together with the unqualified
opinion of a certified public accountant.
6. LIQUOR LICENSES.
The Lessee shall promptly apply for a liquor and beer license from
the appropriate governmental authorities. This Lease shall be specifically
conditioned upon the issuance of a liquor and beer license to the Lessee
permitting only the dispensing and sale of alcoholic beverages on the premises '
-4-
for consumption on the premises. The Lessee shall specify in
writing to the Lessor's City Manager the exact location or locations
on the demised premises from which liquor and beer will be dispensed.
7. HOURS OF OPERATION:
Lessee shall operate the restaurant, incidental facilities
and portable units as described herein at na less than the hours
and times during which the golf course is in operation and open
to the golfing public, generally, between sunrise and 11:00 P.M.
on the days of operation. Nothing herein contained shall be
construed to authorize hours of sale of commodities as contained in
this Lease Agreement contrary to the laws governing such operations.
8. DESCRIPTION OF COMMODITIES AND PRICES:
Attached hereto as Exhibit "C" designated "Description of
Commodities and Prices, " which exhibit is made a part hereof as
though set forth in full herein. Lessee shall not make any charges
in excess of the prices shown on said Exhibit "C. " The prices
shall first be submitted to the City Manager of the City, and no
sale may be made thereof until specifically approved in writing
by the City Manager.
9. STANDARD OF QUALITY - SUPPLIES:
Lessee shall at all times keep the premises adequately
stocked with commodities, food and beverages, and adequately staffed
to serve the patrons thereof, and the Lessee shall be required to
maintain such service and seating capacity and other requirements
as are necessary to entitle it to the licenses for the operation
of the facilities outlined herein. Lessee agrees that it will operate
and maintain the facilities authorized herein in such a manner as to
provide quality of service, food prices, food and beverages and
management, and the operation shall be of such quality as to compete
favorably with similar operations of golf course clubhouses in the
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Dade County area.
10. EMPLOYEES, STAFF AND HEALTH REGULATIONS.
Lessee shall require its employees who come in contact with
the public to be neat, clean, courteous, and wear suitable identification
by which they may be known and distinguished as employees of Lessee.
Lessee shall properly staff its operation at the premises to
insure the proper use and operation of the same, in compliance with the
provisions of this Lease, to assure proper service to the public and to
carry on the functions and services as provided in this Lease Agreement.
Lessee shall comply with all health regulations and Pure Food
Laws, all rules, regulations, laws and ordinances of the City of Miami;
Dade County, State of Florida, and the federal government applicable to
the operation authorized hereunder.
11. SERVICE ENTRANCE.
Lessee shall require all deliveries to be made to Lessee at a
clearly designated area on the demised premises for the purpose of
receiving goods and merchandise incidental and necessary to the operations
authorized hereunder.
IZ. HOUSEKEEPING AND CUSTODIAL SERVICES.
Lessee shall maintain the demised premises as defined by Exhibit
"A" and 'provide for all janitorial services and furnish all equipment and
personnel necessary to maintain the premises in an attractive, clean and
sanitary condition. All supplies necessary for the use of the patrons
patronizing the premises, shall be maintained by the Lessee at its sole cost
and expense.
13. MAINTENANCE OF INTERIOR OF PREMISES.
Lessee shall, at its sole cost and expense, maintain in good order
and repair the plumbing and other pipes, all components of the heating,
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97- 58
•
•
air conditioning, refrigeration, cooking, ventilating systems, electrical
systems, telephone, gas and public utility systems and lines, and burglar
alarm within the leased premises.
Lessee shall maintain the interior of the premises in a condition of
proper cleanliness, orderliness and state of attractive appearance and good
repair at all times, and will not suffer or permit any waste or deterioration
of the demised premises or its contents. Upon the Lessee's failure to
maintain the interior of the demised premises in the condition heretofore set
out to the satisfaction of the City Manager of the City, then the City, through
the City Manager, may make, at its sole option, the necessary expenditures
to maintain the premises in a good, clean condition and state of attractive
appearance, and shall assess the cost therefor, or for the cost of any
necessary repairs, against the Lessee, and the Lessee shall, within ten
days after receipt of notice of the cost therefor, remit said amount to the
City. This paragraph is subject to notice provision provided for in Paragraph 29. _..,.
14. MAINTENANCE OF EXTERIOR OF DEMISED PREMISES
The City shall maintain the exterior of the demised premises. All
provisions for parking shall be under the exclusive control of the City, and
all areas provided for parking or movement of vehicular traffic shall be under
the exclusive control of the City.
15. CONDITION OF PERSONAL PROPERTY.
Lessee shall maintain the furniture, furnishings, fixtures and
equipment in and upon the demised premises, and as set forth in the Inventory
designated as Exhibit "B", in good and first class condition and proper working
order during the entire term of this Lease Agreement, and any equipment,
furniture, furnishings or fixtures damaged or destroyed shall be replaced by
_ 7 _
97_ 5.58
the Lessee at its sole cost and expense at the termination of this lease agree-
ment, or Lessee shall remit to the City the cost of replacement. The Lessee,
with the written approval of the City Manager, may purchase any additional
furnishings or equipment that the Lessee deems necessary for the operation
of the facilities leased hereunder. Such items shall not become a part of the
above referred to inventory as illustrated on Exhibit "B" and Shall in no wav
be the responsibility of the City.
16. ALTERATIONS BY LESSEE
Lessee shall make no addition, partition, alteration or adjustment to
the interior of the building or equipment or any part thereof without first having
obtained the written consent of the City Manager of the City. All requests
shall be in writing and shall include plans and specifications pertaining thereto.
All alterations, improvements, additions or partitions made or installed by
Lessee shall become the property of the City upon the expiration of this
lease agreement. All such alterations or improvements as set forth in this
paragraph shall be made at the Lessee's sole cost and expense. In addition,
Lessee will remodel the women's locker room, replace carpeting, include
additional decorating, relocate the liquor and snack bar, and make other
attractive improvements for the golfing public for a total of approximately
twenty-three thousand dollars ($23, 000).
17. ALTERATIONS OR REPAIRS BY THE CITY
The City shall have the right to make such alterations, repairs or
additions to the demised premises as the City may deem necessary without
any liability to the Lessee therefor. Lessee shall -cooperate with the City
in making such alterations, repairs or additions to the demised premises in
order that the City may complete its work. The City will cooperate with
the Lessee in making such alterations or repairs so as to not unreasonably
disturb the Lessee in the operation of the demised premises.
g _
9 7- �
r
18. INSPECTION OF PREMISES.
Lessee agrees to permit the City, by its City Manager's designated
personnel, to enter upon the premises at any time for any purpose the City
Manager of the City deems necessary or incidental to or connected with the
performance of City's duties and obligations hereunder or in the exercise
of its rights or functions.
19, BURGLAR ALARM.
That the Lessee shall provide for an maintain a recognized
burglar alarm system on the demised premises.
1
20. ASSIGNMENT OR SUBLETTING.
Lessee shall not assign this Lease Agreement, nor sublet, nor
assign any portion of the demised premises, nor grant any concession
whatsoever during the term of this Lease Agreement without first having
obtained the authorization of the Commission of the City of Miami.
21. ADVERTISING.
The Lessee shall not permit any signs oar advertising matter to
be placed either in the interior or upon the exterior of any building or portion
of the demised premises without first having obtained the written approval of
the Lessor's City Manager-, however, the Lessee may place usual or customary
merchandising signs upon the demised premises without approval, provided
that in the event the Lessor's City Manager notifies the Lessee in writing to
remove same within time specified by the City Manager of the City. Under
no circumstances shall the Lessee change or alter the exterior identifications
of the demised premises entitled "City of Miami Country Club. "
22. PAYMENT OF UTILITIES.
Lessee shall pay all charges for utilities to the demised premises,
excluding electricity, water and sewer during the term of this lease agreement.
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23. PAYMENT OF TAXES:
The Lessee agrees that it shall pay, as additional rental
during the term of this Lease Agreement, taxes and assessments,
general and special which may be levied, assessed or otherwise
imposed upon the demised premises and the buildings and improve-
ments thereon, or which may hereafter during the said term be
erected or constructed thereon. It is the intent•of this Lease Agree-
ment that the City is to receive the rentals, above specified
in Paragraph 4 hereof, as net, and clear of all costs and charges
arising from or relating to said demised premises, and that the
Lessee is to pay all charges and expenses of every nature that may
be imposed upon said demised premises and its appurtenances in
any manner during the term of this Lease Agreement, and which may
arise during the term of this Lease Agreement, from the use and/or
misuse of said demised premises in any manner.
24. NON-DISCRIMINATION:
Lessee agrees that there shall be no discrimination as
to race, creed, color sex or national origin in connection with use,
maintenance or operation of the demised premises.
25. HOLD HARMLESS PROVISION:
The Lessee shall indemnify and save harmless the City
against any and all claims, suits, actions, damages or causes of
actions arising during the term of this agreement for any personal
injury, loss of life or damage to property sustained in or on the demised
premises by reason of or as a result of the Lessee's occupancy, use,
activities, and operations thereon; from and against any orders,
10 -
558
judgments, ,or decrees which may be entered thereon and from and against
all costs, attorneys fees, expenses and liabilities incurred in the defense
of any such claim and the investigation thereon.
26. PROPERTY DAMAGE AND PRODUCTS LIABILITY:
Lessee shall obtain at its sole cost and expense liability
insurance in the amount of $100, 000/$300, 000 bodily injury and $5, 000
property damage and the City shall be one of the named insured,
Lessee shall provide products liability insurance in the above described
coverage, and shall name the City as an additional insured on all
policies of insurance and the policies of insurance shall provide that
the City be given at least 30 days' advance written notice of cancellation
of said policy. The policy of insurance and the insurance carrier must
be acceptable to the City Manager of 'the City. All certificates of
insurance shall be attached and made a part hereof.
27. RISK OF LOSS:
Lessee agrees to assume all risk of loss, injury or damages
of any kind or nature whatsoever to property now or hereafter placed
on or within said leased premises, and all risk of loss, injury or
damage of any kind or nature whatsoever to the contents of such building
or improvements made by the Lessee to the structure or structures, or
to any goods, chattels, merchandise or to any other property that may
now or hereafter be placed upon said leased premises, whether belonging
to the Lessee or others, whether said loss, injury or damage results
from fire, hurricane, rising water or from any other cause or other
agency, and whether the same be caused by the negligence of the City,
or any of its employees, agents, or otherwise, and to keep harmless the
City from all claims and suits growing out of any such loss, injury or
damage.
0 . 0
28. DAMAGE OR DESTRUCTION OF PREMISES:
The proceeds of any payment to the City of any amounts
of money under an insurance policy or policies, paid for by the City
insuring the demised premises, or any personal property thereon or
therein, or any part thereof, shall be the property of the City of
Miami, and shall be utilized by the City as it deems proper.
Lessee agrees not to keep or permit to be kept or contained
in or about the demised premises anything of any character so as to be
hazardous or so as to render it difficult, impractical or impossible
to secure insurance against fire or other causes in companies acceptable
to the City.
29. DEFAULT:
In the event Lessee fails to comply with each and every term
and condition of this lease agreement, or fails to perform any of the
terms and conditions contained herein, or fails to comply with the written
directions of the City or the City Manager of the City within thirty days
after written notice thereof is given to the Lessee, then the City, at the
City's sole option, and without further notice or demand to the Lessee,
may cancel and terminate this lease agreement, and said agreement shall
be null and void and of no further force and effect, and the Lessee shall
forthwith vacate the premises'.
30. TERMINATION OF LEASE:
Upon termination of this lease agreement whether by expiration
of the terms hereof or for any other cause whatsoever, all licenses,
including but not limited to beer, wine, and liquor licenses, shall become
the property of the City, and said licenses shall immediately vest in the
City of Miami.
- 12 -
27-� 558
•
•
31. ATTORNEYS' FEES:
In the event it is deemed necessary by the City to file a
lawsuit in the appropriate court of law to enforce any of the terms and
conditions of this Lease Agreement or to collect any monies or sums due
hereunder, or to require the Lessee to perform any of the covenants or
terms and conditions as provided herein, in the event the City does prevail
the Lessee agrees that he shall pay to the City reasonable attorneys' fees.
32. CANCELLATION BY CITY:
The City reserves the right to cancel, terminate and declare
this Lease Agreement to be null and void at its sole option in the event
said premises are needed by the City for a purpose other than as a
restaurant. Notice of cancellation shall be given in writing, and shall
provide an effective date, and the effective date shall be not less than
sixty days from the date of notice by the City to the Lessee.
33. SURRENDER OF PREMISES:
The Lessee will quietly and peaceably deliver the demised
premises to the City in the same repair and condition in which they were
received at the expiration of this Lease Agreement.
34. WRITTEN NOTICES:
Lessee agrees that all notices under this Lease Agreement
must be in writing and shall be deemed to be served when delivered
to 650 Curtiss Parkway, Miami Springs, Florida.
35. LAWS AND LEASES APPLICABLE:
The Lessee enters into this Lease Agreement recognizing
that the City has an Agreement with a golf professional, Ralph Allen,
and that the Lessee shall do nothing nor obtain any rights in violation
of or contrary to said Agreement: that all legislative acts pertaining
to the demised premises adopted by the Legislature of the State of
Florida, and all laws and ordinances pertaining to the operation of the
demised premises are made a part of this Lease Agreement and
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1
i •
the Lessee agrees to abide thereby.
36. CAPTIONS:
The captions contained in this Lease Agreement are
inserted only as a matter of convenience and for reference and in
no way define, limit or prescribe the scope of this lease or the
intent of any provision thereof.
37. BINDING ON SUCCESSORS:
This Lease Agreement shall be binding upon the City and
the Lessee, their successors and assigns, and they shall abide by
r
each of the terms and conditions hereof.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be executed in their names by their duly `
authorized officers and the corporate seals to be affixed hereto,
all as of the day and year first above written.
Signed, Sealed and Delivered THE CITY OF' MIAMI
in the Presence of:
CLLLLLc/7'Le l,� BY
ity Manager
TTEST:
City Clerk `
ANTONIO MOA i
PREPARED AND APPROVED BY:
aP VED AS TO FORM AND CORRECTNESS:
GEORGE KNOX, JR.
CITY } ORNEY
14 - Fr`5�c �j��oyO
`''`� 97- :558
in)Y- T'"z_4�
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� •_— x- • r--- "ll C it --� G✓f , t,. '/i/,`.
i� '� Y iTa'tl YA]i ii87 [ia5i C&d isef EcYlr�;"Ba'k ,may. � �.... _� •� :� .\ "'�
it h ' ^tom � ;�a.c,®es,°', �w / d• � .. •�'� '
it it \`5
Miami Springs Golf Course Clubhouse Inventory
2
8614
48" Round poker tables
21
8584
36" Sq. Red Formica tables
6
8615
36" Sq. Red tables
14
8585
30" Red Formica tables
37
8588
Straight back upholstered chairs with cane backs
7
8590
Green upholstered arm chairs
2
8589
24" Round cocktail tables - black
30
8616
Arm Chairs - captain chairs
10
8587
High bar stools
1
10054
Beige and gold lamp
1
10059
Brown lamp
1
8607
Green chair
1
8610
Executive chair
1
8602
Beige couch
1
8601
couch - beige
5
PlanteT bins
12 sets
Drapes
3
Trash receptacles (rest rooms)
1
5164289
National Cash Register (Not working)
1
5270573
" It it
1
4879365
" it it (Not working)
2
Coco Cola cooler
2
8619
Bottle cooler with compressor
1
8620
Bottle cooler " "
1
12619
Dish washer set up
1
375315'
Sandwich unit - all metal
1
Meat block
1
12617
Vegetable binn
2
Meat cutting tables
1
12614
Hot food table
1
12611
Hot top range
1
12610
Char broiler
1
12609
Oven, blodgett
1
12608
Open top range
1
12606
Fry top range
1
Ser. ##2186R
Fryalator
1
73528360
Mixer, Blaksee - 2 attachments
1
Globe Slicing Machine
1
LaCrosse Ice Machine (not working)
1
21049
Glencoe Refrigerator (not working)
1
Walk in Ice Box
1
85543
Bun Warmer
1
12616
Preparation Table
1
Garland Ceramic Broiler
11
Adjustable Steel Shelves
1
Scotsman Ice Maker (not working)
1
Waitress Stand - Stainless Steel 48'' x 24''
1
2L4F6283 A
G. E. Floor Machine
2
Air Conditioners in Clubhouse -
The lessee has inspected the foregoing furniture, fixtures, and equipment and finds
same as described as above. The lessee shall repair that equipment which is labeled
"not working" and return same to lessor at the termination of the lease agreement
dated day of ; 1969 or at the lessee's option replace the
equipment labeled "not working" in which event the replaced equipment shall not be
considered a part of the foregoing'inventory.
by n40�E
Lessee
�e`} f�Py • Crfl hfl� F`E
City of Miami Springs, Florida
EXHIBIT "B"
97- 558
C7
0
EXHIBIT ''B''
INVENTORY
CITY OF MIAMI COUNTRY CLUBHOUSE
FOOD AND BEVERAGE CONCESSION
Number
4879365
1
National Cash Register
5164289
1
National Cash Register
5270573
1
National Cash Register
8614
1
48" Poker Table, Round
8584
21
36" Red Formica Table
8615
6
36'' Red Table
8585
14
30'' Red Formica Table
8583
30
Straight Back Upholstered Chair, Cane Back
8590
1
Green Upholstered Arm Chair
8589
2
24'' Round Cocktail Table, Black
8616
29
Captain Chair
8587
6
High Bar Stool
8610
1
Executive Chair
8619
2
Bottle Cooler with Compressor
12619
1
Dish Washer Unit
375315
1
Sandwich Unit, Metal
12617
1
Vegetable Bin
12614
1
Hot Food Table
12611
1
Hot Top Range
12610
1
Char Broiler
12609
1
Oven, Blodgett
12608
1
Open Top Range
12606
1
Fry Top Range
2186-R
1
Fryolator
85543
1
Bun Warmer
12616
1
Preparation Table
2 L 4 F 6283
1
GE Floor Machine
12
Sets of Drapes
1
Coca Cola Machine
3
Meat Cutting Tables
I
Globe Slicing Machine
1
LaCrosse Ice Machine
1
Walk in Refrigerator
1
Garland Ceramic Broiler
8
Adjustable Steel Shelf
1
Scotsman Ice Maker
1
Waitress Stand, 48'' x 24''
2
Air Conditioner
15
Table, Folding, 8'
8595
1
Desk and Cabinet, Formica
1
Safe, Steel, Combination
1
Vacuum Cleaner, Curly Classic
3
Carpet (wine, green and green)
DESCRIPTION OF COMMODITIES AND PRICES
General Commodities
1.
Daily fresh bread, buns and rolls shall be used for
all hot dogs, and sandwiches.
2.
Condiments, such as catsup, mustard, relish, salt,
pepper, sugar, coffee cream (or milk), shall be
available for use.
3.
Supplies such as paper napkins,
toothpicks, and straws
plastic spoons, forks, and knives, shall be available
for use.
Specific
Commodities
All Beef Top Grade Hot Dogs
8 to a lb.
35
Soft Drinks 7 oz.
15 - 1 oz. ice
Soft Drinks 12 oz.
.25 - 1 1/2 oz. ice
Candy
.10
Candy
.15
Cigarettes
.50 (from machine)
Orange Juice 1/2 pint
25
Peanuts 2 oz.
15
Pop Corn 2 oz.
20
Coffee 7 oz.
15
Tums 12s
.15
Hot Chocolate 6 oz.
15
Best Quality Ham Sandwiches
2 1/2 to 3 oz.
65
Cheese Sandwiches 2 oz.
30
Aspirin 12 tablets
20
Ice Cream 3 oz.
.20
Potato Chips 7/8 oz.
.15
EXHIBIT "C"
BREAKFAST
JUICES
TOMATO OR ORANGE
Small: $ .35
Large: $ .60
TWO EGGS (ANY STYLE)
$ , 85
ONE EGG (ANY STYLE)
$ . 75
EGG SANDWICH (ANY STYLE)
$ .85
FRENCH TOAST
$1. 25
HAM OMELETTE
$1. 75
CHEESE OMELETTE
$1. 50
WESTERN OMELETTE
$1. 75
SPANISH OMELETTE
$1. 75
SIDE ORDERS
BACON
HAM
$ .85
SAUSAGE
$ .85
BEVERAGES
COFFEE, TEA OR SANKA
$,. 30
HOT CHOCOLATE
$ .40
LEMONADE
$ .40
MILK
$ . 30
SNACK BAR
ITEM SIZE & QUANTITY
EXISTING PRICE
HOT DOG 6 to a lb.
$ . 60
CANDY Life Savers
.15
CANDY Chocolate Bar
.20
Orange Juice i Pint
30
Coffee 7 oz. per cup
30='°''°
Hot Chocolate 12 oz. cup
.40
Ham Sand: 5 Oz. Fresh Baked
1.25
Cheese Sand, 3 oz.
.85
Ice Cream French
30
Potato Chip
20
Hamburger 4 z oz. F. F. Let. Tomato
1.15
Cheeseburger 41 oz, F. F. Let. Tomato 1.40
R. Beef Sand. 41- oz,
2. 20
Club Sand.
2.50
Milk Z Pint
30
Tea 7 oz.
30
Toast Butter & Choice Jelly
.30
SpecialsChange everyday
1. 0 to Z.
5
25
E gg Plain ee
Egg Sand. With Ham or Bacon
1.35
%.�4
558
LUNCHEON MENU
APPETIZERS
SOUP DU JOUR
$ .50 CUP
.75 BOWL
TOMATO. ORANGE OR GRAPEFRUIT JUICE
35
SALADS AND COLD PLATES
TUNA PLATE
$2. 25
CHEF'S SALAD WITH JULIANNE
$2. 75
DISH OF COTTAGE CHEESE
$ .50
HOT ENTREES
OMELETTES: HAM CHEESE, WESTERN OR SPANISH
Served with fried potato
$1. 75
OPEN HOT ROAST BEEF SANDWICH
$2. 50
CHOPPED SIRLOIN OF BEEF
$2. 50
Served with french fried potato
FRIED SHRIMP served with french fried potato
$3. 75
CORN BEEF SANDA ICH
$2. 20
GRILLED REUBEN SANDWICH Corned beef, swiss
$2, 95
cheese and sauerkraut
on grilled rye bread
SANDWICH MENU
HAMBURGER DELUXE
$1. 40
CHEESEBURGER DELUXE
$1. 50
HOT CORNED BEEF
$2. 20
ROAST BEEF
$2. 20
GRILLED CHEESE
$ , 85
GRILLED CHEESE, BACON AND TOMATO
$1, 75
HAM
$1. 25
HAM AND CHEESE
$1. 50
CLUB SPECIAL
$2. 50
EGG OR TUNA SALAD
$1. 25
GRILLED REUBEN SANDWICH corned beef, swiss
$2. 95
cheese and sauerkraut
on grilled rye bread
MONTE CRISTO a delightful combination of turkey,
$3. 25
ham and swiss cheese dipped in an
egg batter and grilled
BAR-B-O SANDWICH
$2.50
CHILI DOG
$ .95
07- 538
BANQUETS
I APPETIZERS: (EXTRA $ . 35 per Juice
or $ . 75 per cocktail
Shrimp cocktail $
) (Choose One)
Chilled Tomato Juice
Chilled Grapefruit Juice_
Chilled Apple Juice
Chilled Fruit Punch
II SALADS:
TOSSED GREEN SALAD
III ENTREES (Choose One)
LUNCH DINNER
Strip Sirloin Steak, 14 oz.------------
$ 7. 50 $10. 50
Top Sirloin Steak. 12 oz. -------------.
5.95 8. 50
Filet Mignon, 8 oz.-------------------
6. 50 9. 50
Broiled Half Chicken -----------------
4.50 5. 75
Beef Stroganoff, Noodles -------------
4. 75 6. 50
Swiss Steak-------------------------
4.50 6. 25
Roast Top Round on Beef -------------
5.00 8.00
Roast Turkey Dressing ---------------
5.00 6.25
Baked Ham, Fruit Sauce -------------
4.25 5.25
Broiled Chopped Sirloin Steak, 8 oz. - --
4.50 5. 75
Roast Prime Rib of Beef, 10 oz.-------
9. 50 10. 50
Roast Cornish Game Hen, Rice Dressing
5. 50 7. 50
Chicken Cacciatori-------------------
4. 25 6.25
Fried Jumbo Shrimp, platter, Tar. Sauce
4.75 6.25
Ladies 5 oz. Filet --------------------
5. 50 7.25
Baked Half Chicken, w/stuffing---------
4.50 5. 75
Hawaiian Ham Steak-------------------
4.25 5. 25
London Broil-------------------------
5.00 8.00
Chicken Rice ----------=--------------
4.95 5.50
Salad's Julienne-----------------------
4.50
IV VEGETABLES: (Choice of Two)
Baby Whole Carrots
Baked Potatoes
Cut Green Beans
Fluffy Whipped Potatoes
Potatoes Au Gratin
_
Mixed Vegetables
Garden Fresh Peas
French Fried Potatoes
Harvard Whole Beets
Lima Beans
Kernel Corn
V DESSERT - ICE CREAM OR SHERBET
(Cheesecake $ .50 Extra)
VI ROLLS AND BUTTER
VII BEVERAGE: Coffee, Tea or Sanka (Milk $ .15 extra and Coke $ .30
extra)
9558
AMENDMENT NUMBER ONE
Amendment to Contract Between the City
of Miami and Tony Molina, Inc.
THIS AMENDMENT, entered into this 08 day of
January , 1987, by and between the City of Miami, a
municipal corporation of the State of Florida, (hereinafter
referred to as "THE LESSOR"), and Tony Molina, Inc., a Florida
for profit corporation, (hereinafter referred to as "THE
LESSEE"), amending the existing Agreement between the LESSOR and
the LESSEE, dated September 30, 1977.
IN CONSIDERATION of the mutual covenants and agreements
hereinafter set forth, and for and in consideration of other
valuable consideration, the parties hereto covenant and agree as
follows:
1. That paragraph 3, "TERM", shall be deleted and
substituted as follows:
3. TERM
The term of this Lease Agreement shall be for a
term of ten (10) years, commencing on the 30 day
of September-, 1977, and terminating on the 29
day of September, 1987. During the first five
years of this period, the Lessee agrees to invest
in additional alterations and improvements to the
leased premises an amount not in excess of $20,000,
thereby offering a superior facility and services
therein. At the close of the initial term, the
City may, at its sole option, agree to offer the
extension of one additional period of five (5) .
years.
2. That paragraph 4, "RENT", shall be deleted and
substituted with the following:
4. RENTAL AND ADJUSTMENT OF SAME
Lessee shall pay to the City the minimum rent or
the percentage rent as follows:
97- 558
0 , 0
I
Lessee shall pay to the City either the minimum
rent of $20,000.00 or 12.0 percent of. the gross
sales (hereinafter defined) for each lease year,
whichever amount is the greater. The percentage
rent shall be computed monthly and applied to the
minimum rent or paid within thirty days'following
the end of each lease month simultaneously with the
delivery of the Lessee's monthly report of Gross
Sales to the City.
On each five year anniversary of this lease the
minimum rent shall increase by no less than:
1. 20% of the minimum rent of the preceding five
years, or
2. An amount equal to the percentage increase in
the Consumer Price Index for Urban Wage Earners
and Clerical Workers - U.S. City Average,
issued by the Bureau of Labor Statistics of the
U.S. Department of Labor between the month
preceding the effective date of this lease and
the same month five years thereafter, with the
percentage difference increase for each five
year period thereafter.
All payments of rent hereunder shall be made
payable to the City of Miami and sent to:
Property & Lease Management
General Services Administration Department
1390 N.W. 20 Street
Miami, Florida 33142
unless the City Manager of the City of Miami
notifies Lessee otherwise.
GROSS SALES
The term "gross sales", shall mean the aggregate of
the gross sales or gross volume of business done in
or from the premises or from the golf course area,
including but not limited to the portable service
97- 558
units as set forth in paragraph 2 hereof, either
for cash or credit, whether or not collected.
Gross sales shall not mean to include: gratuities
to Lessee's employees, amounts of federal, state or
city sales taxes collected by Lessee, or any other
tax collected by Lessee from customers required by
law to be remitted to the taxing authority, or the
amount of any charges made by recognized credit
card companies for the use of their services.
It is further understood that all the terms and
conditions under the original Agreement shall remain in
full force without modification except as herein
stated.
IN -WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized this the day and year first above written.
WITNESSES:
ATTEST:
M tty Hirai, City Clerk
APPROVED/4� TO FORM AND
CORRECT E S:
Ludia`A. Doughert
City Attorney
LESSEE: TONY MOLINA, INC., a
Florida for rofi corporation
By
Tony Olin
The CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By:
Cesar H. Odic, City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS:
Divisi n 6f RiA Management
I
CONSENT TO ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS of this Consent to Assignment
made as of the -08 day of January , 1987, by and between the
CITY OF MIAMI, a municipal corporation of the State of Florida,
(hereinafter referred to as "City") and ANTONIO MOLINA, an
individual, (herei-nafter referred to as "Assignor").
R E C I T A L:
WHEREAS, on September 28, 1977, CITY and Assignor entered
into a Lease Agreement for the food concession operation at Miami
Springs Country Club; and
WHEREAS, Resolution 78-103, passed and adopted February,9,
1978, authorized the assignment of said lease agreement to Tony
Molina, Inc., a Florida for profit corporation, (hereinafter
referred to as Assignee);
NOW, THEREFORE, it is agreed and understood as follows:
1. CONSENT TO ASSIGNMENT:
CITY hereby consents and grants its authorization for
the assignment of the Lease from Assignor to Assignee.
2. This Consent shall become effective only upon the
execution by the Assignee of the written acknowledgment set forth
below.
IN WITNESS WHEREOF, the undersigned has executed this
Consent on the first date written above.
Attest: THE CITY OF MIAMI, a municipal
corporation of the State of
Florida
By:
Matty Hirai, City Clerk Cesar H. Odio, City Manager
WITNESB�: ANTONIO MOLINA, an individual
i
ji
By
Antonio Mol' a
1
ACKNOWLEDGMENT,
The undersigned hereby acknowledges having been
furnished with a copy of the Lease and hereby agrees to assume
any and all obligations thereunder which are required to be
performed by the Tenant on and after the date hereof.
IN WITNESS WHEREOF, the undersigned has executed this
Acknowledgment as of the ItV day of 1986.
TONY MOLINA, INC., a Florida
for profit corp or tion
I
gy _ - c-•-Y--- .
Presi e
Tony Molina, Inc.
(CORPORATE SEAL)
APPROVE TO FORM AND
CORRENESS: )
1
LU IA A. DOUGHERTY
CITY ATTORNEY
APPROVED AS TO INSURANCE
REQUIR TS: /J�
DIVISION OF RI-S "ANAGEMENT
r
u
2 97= 558
ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS, of this Assignment made this
day of 1986, by Antonio Molina, an individual,
(hereinafter referred to as "Assignor", and Tony Molina, Inc., a
Florida for profit corporation, (hereinafter referred to as
"Assignee":
W I T N E—S S E T H:
FOR GOOD AND VALUABLE CONSIDERATION, the Assignor does
hereby assign and transfer unto Assignee all of Assignor's right,
title and interest in and to the following:
1. That certain concession lease between the City of
Miami, as Lessor and Antonio Molina, as Lessee.
Assignor shall forthwith deliver possession and control of
the assets and the premises described in the lease to Assignee.
IN WITNESS WHEREOF, the Assignor has executed this
instrument as of the date first above written.
Witnesses:
i 42 2L lx Iz
INA, n individual
ACCEPTANCE OF ASSIGNMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby
accepts the above assignment and assumes all obligations arising
therefrom as of the date hereof.
IN WITNESS WHEREOF, the undersigned has executed this
instrument as of the date first above written.
TONY MOLINA, INC., a Flo ida
for profit corporation
B r�
P esident
(CORPORATE SEAL)
97- 5-58
0 10
AMENDMENT #2 TO LEASE
AGREEMENT DATED SEPTEMBER 29, 1977
THIS AMENDMENT made and entered into this p jk day of
1987 amending a lease dated September 29, 1977,
between the CITY OF MIAMI, a Municipal Corporation of the State
of Florida, (hereinafter referred to as the "LESSOR"), and TONY
MOLINA, INC., a Florida for profit corporation, (hereinafter
referred to as the "LESSEE").
R E C I T A L
WHEREAS, the LESSEE of City of Miami Country Club Golf
Course Clubhouse requested an Amendment to the existing Lease
Agreement dated September 29, 1977, to delete the requirement for
an annual certified public accounting -(CPA) report, as stated in
Section 5, RECORDS, ACCOUNTS AND STATEMENTS, of said Lease
Agreement; and
WHEREAS, in a legal opinion dated April 25, 1985, it was
determined that since the annual CPA report was not required when
the Lease and Concession Agreement was originally let, this
requirement may be waived, if deemed in the best interest of the
City; and
WHEREAS, the Department of Parks and Recreation is satisfied ,
that past audits conducted by the Department of Internal Audits
and Reviews have not revealed any improprieties and/or
intensified audits;
NOW THEREFORE, the parties agree that Section 5, RECORDS,
ACCOUNTS AND STATEMENTS shall be amended and modified as follows:
(1) RECORDS, ACCOUNTS AND STATEMENTS:
Lessee shall keep on the premises, or such other place
approved by the City Manager of the City, true, accurate and
i
complete records and accounts of all sales, rentals and business
being transacted upon or from the premises, and shall give access
to City's authorized representatives of the City during
reasonable business hours to examine and audit such records and
accounts.
1
Within thirty (30) days after each month of the term
hereof, Lessee shall deliver to City a written monthly statement
of the gross receipts for such month certified by Lessee to be
true, accurate and complete.
THE LEASE AGREEMENT entered into on the 29th day of
September, 1977, remains in full force and effect and shall not
be deemed to be .repealed, amended, or modified in any manner
whatsoever except as hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Lease
Amendment the day and year first above written.
WITNESSES:Ll
ATTEST:
Ma y Hirai, City Clerk
APPROVED��O FORM AND
CORRECTN
cih 9. Dougher
ty Attorney
LESSEE: TONY MOLINA, INC. a
Florida for profit corporation,
By:
L� ToA Mol na
The CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By:
Cesar H. Odio, City Manager,
t
APPROVED AS TO INSURANCE
REQUIREMENTS:
Divi ion of Ri(sy Management
i
2
9%-�
W, W
Titlj CT£�Hiami
C,1 Y O F t�
JACK L. LUFT
Director
moo., ki1.0
May 29, 1997
Mr. Tony Molina
Tony Molina, Inc.
650 Curtiss Parkway
Miami Springs, FL 33166
P�(, t'-_.C, - (R
EDWARD MARQUEZ
City Manager
RE: Lease Agreement dated September 29, 1977, as amended,. and Revocable
Permit dated February 19, 1986, between the City of Miami and Tony
Molina, Inc. for use of space at 650 Curtiss Parkway, Miami Springs, Florida
Dear Mr. Molina:
This letter serves to document the understanding between the City of Miami
and Tony Molina, Inc. as approved by Resolution No. 97-306 adopted by the City
Commission on May 7, 1997.
Resolution No. 97-306 approved a rent credit in the amount of $450 per
month, retroactive to March, 1996, for Tony Molina, Inc.'s provision of janitorial
services for the public restrooms within the Miami Springs Golf Course Clubhouse.
This credit is to be provided against monthly rent for the respective month in which
the services are provided. This credit shall continue on a month -to -month basis
until Tony Molina, Inc. no longer occupies the premises. The City reserves the right
to cancel this rent credit at any time, with or without cause.
This Resolution further provided for a payment plan providing for a monthly,:
payment of one thousand five hundred dollars ($1,500) per month to be paid by/
Tony Molina, Inc. commencing June 1, 1997 as repayment of the rent and taxe's
owed to the -City in an amount not to exceed $8,839.76. Approval of this payment
plan is subject to Tony Molina, Inc. continuing to pay monthly the greater of the
minimum annual payment of $20,000 as pro -rated monthly or 12% of gross
revenues for the restaurant area, plus 12% of gross receipts for the banquet
facilities, as required by the Lease and Permit, respectively, for use of the premises
and Tony Molina, individual, providing a personal guarantee for the monies owed.
0%- 558
DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION/Asset Management Division
444 S.W. 2nd Avenue, 3rd Floor/Miami, Florida 33130/(305) 416-1450/Fax: (305) 416-2156
Mr. Molina
May 29, 1997
Page 2
In accordance with the Resolution, please find attached an Agreement for
Payment of Debt and Guarantee. If you agree to abide by the above conditions as
approved by the City Commission and the personal -guarantee attached, please
acknowledge such acceptance by returning the attached Agreement for Payment of
Debt and Guarantee to this office, fully executed and notarized, by June 14, 1997.
If you have any questions, please feel free to call me at 416-1450.
Sincerely,
Dena Bianchino
Assistant Director
cc: Julie Bru, Assistant City Attorney
Enclosures
r
97- 558
Agreement For Payment of Debt and Guarantee
This Agreement made on this day of , 19 , by and
between the Tony Molina, Inc., hereinafter called, "Lessee" with offices located at 650
Curtiss Parkway, Miami Springs, Florida, and Tony Molina, individual, hereinafter called
"Guarantor" and the City of Miami the "City".
WHEREAS, the City and Tony Molina, Inc. entered into a lease agreement on
September 29, 1977, as amended (the "Lease") and a Revocable Permit dated February 19,
1986 (the "Permit"), whereby the Lessee agreed to pay to the City monthly rent for the use
of certain City -owned real property located at 650 Curtiss Parkway, Miami Springs,
Florida; and
WHEREAS, Lessee failed to pay the monthly rent due to the City under the terms
of the Lease for the months of September, October, November and December, 1996 and
March, 1997 and the monthly fees due to the City under the terms of the Permit for the
months of July, August, September, October and November, 1996 and March, 1997; and
WHEREAS, Lessee owes the City unpaid rent in the amount of $7,782.12 plus sales
tax in the amount of $954.67 fora total amount due of $8,736.79 (the "Existing Debt"); and
WHEREAS, on May 7, 1997 by Resolution 97-306, the City Commission approved a
monthly credit for janitorial services performed by Lessee retroactive to March, 1996; and
WHEREAS, said Resolution further authorized Lessee to pay installments in the
amount of $1,500 monthly towards payment of the Existing Debt; and
WHEREAS, Tony Molina, individually, has agreed to guarantee the obligation of the
Lessee with respect to the Existing Debt;
NOW, THEREFORE, the parties agree as follows:
Section 1. The Lessee, hereinafter referred to as the "Lessee Debtor", agrees to
pay to the City the past due rent and fees plus taxes in the total amount of $8,736.79 on
the date and in the manner following:
One thousand five hundred dollars ($1,500) per month to be paid by
Lessee commencing June 1, 1997 and an equal payment of $1,500 on
the first day of each month thereafter until all amounts due are paid
in full.
Any payment not received by the 15th day of any given month shall
be assessed a 5% late charge fee of the amount due.
Section 2. Tony Molina, individual, hereinafter referred to as the "Guarantor",
guarantees the debt of the Lessee Debtor. In the event that the Lessee Debtor fails to
make, any installment payment, when due, the City shall notify the Guarantor. Guarantor
shall within five (5) days of receipt of notice from the City pay the installment plus any late
97� 558
charge fees. Failure of the Guarantor to make such payment upon receipt of notice shall
constitute a "Default" under this Agreement, and will entitle the City, to all remedies
provided by law. The undersigned does hereby agree that City may proceed directly
against the undersigned without first exhausting its remedies against Lessee.
Dated this day of , 1997.
LesseelPermittee:
Tony Molina, President
Tony Molina, Inc.
STATE OF FLORIDA )
COUNTY OF DARE )
The foregoing instrument was acknowledged _ before me this day of
1997 by (name of person
acknowledging), who is personally known to me or who has - produced
as identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
Guarantor:
Tony Molina, Individual
STATE OF FLORIDA )
COUNTY OF DADE )
The foregoing instrument was acknowledged before me this day of
1997 by (name of person
acknowledging), who is personally known to me or who has produced
as identification and who did (did not) take an oath.
Signature of Notary Public
Print Name
Commission No.
.,
9 7 - 55)8
REVOCABLE PERMIT
N0. 34
ISSUED BY THE
CITY OF MIAMI
TO
TONY MOLINA, INC.,
CONCESSIONAIRE, CITY OF MIAMI
COUNTRY CLUB IN MIAMI SPRINGS
(HEREINAFTER "PERMITTEE")
PROPERTY LOCATED AT
i
650 Curtiss Parkway
MIAMI, FLORIDA
Issued this I �G� day of 1986
ATTEST: CITY OF MIAMI, a municipal
Corporation of the State of
/ Florida
G
Cit Clerk City Manager
APPROVE TO FORM AND CORRECTNESS:
y Attorneyl _O
0
INDEX
1. DESCRIPTION OF PREMISES
2. TIME
3. PURPOSE
4. FEE
5. LAWS APPLICABLE
6. UTILITIES
7. ASSIGNMENT OR TRANSFER
8. CONDITION OF PREMISES
9. IMPROVEMENTS
10. MAINTENANCE
11. CITY'S RIGHT OF ENTRY
12. RISK OF LOSS
13. INDEMNIFICATION CLAUSE
14. INSURANCE
15. PEACEFUL SURRENDER
16. GENERAL CONDITIONS
17. ADVERTISING
18. NONDISCRIMINATION
19. VIOLATIONS
20. TERMINATION
21. ACCOUNTING
22. TAXES
23. AUDIT RIGHTS
24. EXAMINATION OF PREMISES
25. ENTIRE AGREEMENT
26 AMENDMENTS
27. INTEREST CONFERRED BY PERMIT
28. COURT COSTS AND ATTORNEY'S FEES
EXHIBIT I
PAGE
3
3
3
3
4
4
4
4
4
5
5
6
6
6
7
7
8
8
9
9
9
10
10
10
10
10
10
10
0
REVOCABLE PERM
1. DESCRIPTION OF PREMISES
The City of Miami (CITY) hereby issues this Revocable Permit
to Tony Molina, Inc., (PERMITTEE), for the purpose and under the
condition('s) hereinafter set forth, permitting said PERMITTEE to
use the premises described in Exhibit 1 which is attached hereto
and made a part hereof.
2. TIME
This Revocable Permit shall be valid for a period commencing
on the 29th day of September 1985, and terminating on the 28th
day of September 1992, unles's otherwise revoked as provided
below. This Revocable Permit may, in addition to the termination
which may result from or under the provisions of Section 19
hereof, also be terminated by the City Manager, with or without
cause, by delivery of a written notice of revocation thirty (30)
days prior to revocation.
3. PURPOSE
The premises shall be used for banquet facilities in order
to provide luncheons, weddings, special events, to complement
uses as allowed in Section 2 of Agreement dated September 29,
1977, and attached hereto as Exhibit II.
PERMITTEE shall not change or modify such use without the
prior written consent of the City Manager.
4. FEE
PERMITTEE shall pay for the use of the premises a fee in the
amount of 12% of the gross revenues for all events held in the
premises.
The term "gross revenues", shall mean the aggregate of the
gross sales or gross volumes of business done in or from the
premises, either ,for cash or credit, whether or not collected.
Gross sales shall not mean to include: gratuities to PERMITTEE's
employees, amounts of federal, state or city sales taxes
collected by PERMITTEE, or any other tax collected by PERMITTEE
from customers required by law to be remitted to the taxing
authority, or the amount of any charges made by recognized credit
card companies for the use of their services.
i
�� 58
i
All payments hereunder shall be made payable to the City of
Miami and sent to the Department of Finance, Dinner Key, Miami,
Florida, unless the City Manager of the City of Miami notifies
PERMITTEE otherwise.
5. LAWS APPLICABLE
PERMITTEE accepts this Revocable Permit recognizing that all
laws of the State of Florida, Ordinances of the City of Miami and
Dade County, Florida, pertaining to the operation and maintenance
of the Premises, including but not limited to building codes and
zoning restrictions, are made a part of this Revocable Permit,
and PERMITTEE agrees to abide therewith as the same presently
exist and as they may be amended hereafter.
6. UTILITIES
Unless otherwise provided herein, PERMITTEE shall provide
all utilities, including but not limited to, electricity, water,
gas, and sewage disposal. Trash and garbage removal shall be at
the cost of PERMITTEE.
7. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission,
PERMITTEE cannot assign or transfer its privilege of entry and
use granted unto it by this Revocable Permit.
8. CONDITION OF PREMISES
PERMITTEE hereby accepts the Premises in its present
condition and agrees to maintain it in the same condition, order
and repair as it is in at this time, except for reasonable wear
and tear.
9. IMPROVEMENTS.
A. PERMITTEE agrees that no construction, repairs, alterations
or improvements may be undertaken upon the Premises as described
in Paragraph 1, Exhibits I, unless the plans:
(1) Be first submitted to Property & Lease
Management, for presentation and review by
the Department of Parks and Recreation, and
any other departments and offices with
jurisdiction, and
(2) Be approved by the City Manager of the City
of Miami, Dade County, Florida, and
(3) Be in compliance with all state, county and
city rules and regulations, and any other
agency that may have jurisdiction in these
matters.
-�, 97-- 558
3
Upon completion of construction, the paid invoices, receipts
and other such documents shall be submitted to the City Manager
and shall be incorporated herein and attached hereto.
B. All additions, partitions, or improvements shall become the
property of CITY and shall remain a part of the premises at the
expiration of this Revocable Permit. The cost of renovation of
the premises as to alterations, additions, partitions -or
improvements shall be borne by and is the financial
responsibility of PERMITTEE.
C. PERMITTEE shall have the right to remove any movable
personal property or fixtures that it places on the Premises.
All alterations, additions, partitions or improvements must be in
conformance with the provisions of Section 5 hereof. If any part
of the Premises is in any way damaged by the removal of such
items, said damage shall be repaired by PERMITTEE at its sole
cost and expense. Should PERMITTEE fail to repair any damage
caused to the Premises ten (10) days after receipt of written
notice from CITY directing the required repairs, CITY shall cause
the Premises Ito be repaired at the sole cost and expense of
PERMITTEE. PERMITTEE shall pay CITY the full cost of such
repairs within ten (10) days of receipt of an invoice indicating
the cost of such required repairs. Failure to pay such invoice
shall be sufficient cause to revoke the Revocable Permit as
provided in Section 19 below. Notwithstanding the above, CITY
reserves the right to revoke this Revocable Permit for
PERMITTEE's failure to repair the Premises as directed without
the necessity of CITY repairing the Premises.
10. MAINTENANCE
PERMITTEE agrees to maintain the interior of the Premises in
good order and repair at all times, and in an attractive, clean
and sanitary condition during the period of this Revocable
Permit.
11. CITY'S RIGHT OF ENTRY
CITY, or any of its properly designated agents,
representatives, or employees, shall have the right to enter said
Premises during -all reasonable working hours, to examine and/or
inspect the same.
-r;-
�1
12. RISK OF LOSS
PERMITTEE shall indemnify and save harmless CITY against all
risk of loss, injury or damage of any kind or nature whatsoever
to property now or hereafter placed on or within said Premises,
and all risk of loss, injury or damage of any kind or nature
whatsoever to the contents of such building or improvements made
by PERMITTEE to the structure or structures, or to any goods,
chattels, merchandise or to any other property that may now or
hereafter be placed upon said Premises, whether belonging to
PERMITTEE or others, whether said loss, injury or damage results
from fire, hurricane, rising water or from any other cause or
other contingency, and whether, the same be caused by the claimed
negligence of CITY or any of its employees, agents, or otherwise,
and to keep harmless CITY from all claims and suits growing out
of any such loss, injury or damage.
13. INDEMNIFICATION CLAUSE
PERMITTEE covenants and agrees that it shall indemnify, hold
harmless, and defend CITY from and against any and all claims,
suits, actions, damages or causes of action arising during the
period of this Revocable Permit for any personal injury, loss of
life or damage to property sustained in or on the Premises, by
reason of, or as a result of PERMITTEE's use or operations
thereon, and from and against any orders, judgments, or decrees
which may be entered thereon, and from and against all costs,
attorney's fees, expenses and liabilities incurred in and about
the defense of any such claim and the investigation thereof.
14. INSURANCE
PERMITTEE shall maintain throughout the period of this
Revocable Permit the following insurance:
A. General liability insurance on a comprehensive general
liability coverage form, or its equivalent, with a
combined single limit of at least $1,000,000 for bodily
injury liability and property damage liability.
Products and completed operations coverage, personal
injury, contractual liability, and premises medical
payments coverage shall be included. CITY shall be
named as an Additional Insured on all insurance
policies.
C
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B. The policy or policies of insurance required shall be
so written that the policy or policies may not be
canceled or materially changed without sixty (60) days
advance written notice to the City of Miami being
delivered to the Risk Management Division, Finance
Department, 65 SW First Street, Miami, Florida _33130.
A current Certificate of Insurance showing the required coverage
shall be supplied to the Property & Lease Management Office of
CITY. Insurance policies required above shall be issued by
companies authorized to do business under the laws of the state,
with the following qualifications as to management and financial
strength: The company must be rated no less than A as to
management, and no less that class X as to financial strength, in
accordance with the latest edition of Best's Key Rating Guide,
published by Alfred M. Best Company,z Inc., 75 Fulton Street, New
York, New York.
In lieu of the purchase of commercial insurance policy or
policies as required above, PERMITTEE may satisfy the insurance
requirement by the establishment and maintenance of a qualified
self-insurance fund which would provide protections to CITY
equivalent to those specified in the insurance requirement. Such
alternative arrangements must be approved by the City of Miami
Finance Department, Risk Management Division, 65 SW 1st Street,
Miami, Florida, 33130.
15. PEACEFUL SURRENDER
At the expiration of the Revocable' Permit period, or any
extensions and renewals hereof, PERMITTEE shall, without demand,
quietly and peaceably relinquish, surrender and deliver up
possession of the Premises in as good condition as it is now,
except for normal wear and tear such relinquishment, surrender
and delivery also being required, upon demand of the City
Manager, pursuant to the provisions of Section 19 hereof, or as
provided in Section 2 or as may otherwise be directed by the
CITY.
16. GENERAL CONDITIONS
A. All notices or other communications which shall or may be
given pursuant to this Revocable Permit shall be in writing and Q
shall be delivered by personal service, or by registered mail v
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addressed to the other party at the address indicated herein or
as the same may be changed from time to time. Such notice shall
be deemed given on the day on which personally served; or, if by
mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI PERMITTEE
City Manager Tony Molina, Inc.
Attn: Property & Lease Mgmt. 650 Curtiss Parkway
City of Miami Miami Springs, Florida
P. 0. Box 330708 33166
Miami, Florida 33133
B. Title and paragraph headings are for convenient reference
and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this Revocable
Permit and any terms or conditions contained in any attached
documents, the terms in this Revocable Permit shall rule.
D. No waiver or breach of any provision of this Revocable
Permit shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E. Should any provisions, paragraphs, sentences, words or
phrases contained in this Revocable Permit be determined by a
court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida or
the City of Miami, such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in
order to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and
provisions of this Revocable Permit shall remain unmodified and
in full,force and effect.
17. ADVERTISING
PERMITTEE shall not permit any signs or advertising matter
to be placed either in the interior or upon the exterior of the
Premises or grounds without having first obtained the approval of
the City Manager or his designee. CITY reserves the right to
erect or place upon the premises an appropriate sign indicating
CITY's having issued this Revocable Permit.
18. NONDISCRIMINATION
PERMITTEE shall not discriminate against any persons on
account of race, color, sex, religious creed, ancestry, national
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origin, mental or physical handicap, in the use of the Premises
and the improvements thereon.
19. VIOLATIONS
If PERMITTEE in any manner violates the restrictions and
conditions of this Revocable Permit, then, and in that event,
after ten (10) days written notice given to PERMITTEE by the.City
Manager within which to cease such violation or to correct such
deficiencies, and upon failure of PERMITTEE to so do after such
written notice, this Revocable Permit shall be revoked
automatically without the need for other or further action by
CITY.
20. TERMINATION
PERMITTEE agrees that it will perform and abide by all the
terms and covenants of this Revocable Permit. In the event of
any breach of any such term or covenant CITY may terminate this
Revocable Permit upon thirty (30) days notice of PERMITTEE.
CITY may terminate this Revocable Permit, with or without
cause, upon given six (6) months notice, in writing, of CITY's
intention to cancel this Revocable Permit, provided, however,
CITY shall pay to PERMITTEE the actual cost of the improvements
(as evidenced by the documents included in this Revocable Permit
pursuant to Section 9) which will take into consideration the
unamortized life of the improvements based on a seven (7) year
straight line of depreciation schedule. Payment of the
depreciated actual cost of the improvements, if any, shall be
made as of the date of cancellation of the Revocable Permit and
must be paid within thirty (30) days of the ensuing budget year.
21. ACCOUNTING
PERMITTEE shall maintain adequate records showing purchases,
receipts and expenditures, and upon demand make available books
of accounting and financial statements to authorized
representatives of the Department of Finance of the CITY. The
account and records of PERMITTEE appertaining to this Agreement
shall be maintained within the CITY, and shall be open at all
reasonable times for inspection by the duly authorized
representative of the Department of Finance.• PERMITTEE shall
furnish such other statements and reports as the Director of
Finance may reasonably require.
9
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22. TAXES
During the period of this Revocable Permit, PERMITTEE shall
pay any and all taxes of whatever nature lawfully levied upon or
assessed against the Premises, except real estate taxes.
23. AUDIT RIGHTS
CITY reserves the right to audit the records of PERMITTEE at
any time during the performance of this Revocable Permit and for
a period of one year after the expiration date.
24. EXAMINATION OF PREMISES
PERMITTEE agrees to permit the City Manager or his designee
to enter upon the premises at any time for any purpose CITY deems
necessary to, incidental to or connected with the performance of
CITY's duties and obligations.
25. ENTIRE AGREEMENT
This instrument and its attachments constitute the sole and
only Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
Agreement are of no force or effect.
26. AMENDMENTS
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
27. INTEREST CONFERRED BY PERMIT
The provisions of this Revocable Permit do not constitute a
lease and the rights of PERMITTEE hereunder are not those of a
tenant. No leasehold interest in the Premises is conferred upon
PERMITTEE under the provisions hereof.
28. COURT COSTS AND ATTORNEY'S FEES
In the event that it becomes necessary for CITY to institute
legal proceedings to enforce the provisions of this Revocable
Permit, PERMITTEE agrees to pay CITY's court costs and attorney's
fees.
S
IN WITNESS WHEREOF, the PERMITTEE has hereunto caused this
Revocable Permit to be applied for and has executed the following
by its duly authorized officers, as of this 19 day of
February 1985.
PERMITTEE:
TONY MOLINA, INC.
ATTEST:
C- -
lorp�t Se e ary
APPROVED AS TO
INSURANCE REQUIREMENTS:
Risk ngement Division
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side
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PREMISES KNOWN AS •650 CURTISS PARKWAY
MIAMI SPRINGS,' FL 33166
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�, EXUCAIT I►' of
5
AMENDMENT #1 TO REVOCABLE
PERMIT DATED FEBRUARY 19, 1986
THIS AMENDMENT made and entered into this --'/s ,, day of
Pic , 1988 amending a Revocable Permit dated February
19, 1986, between the CITY OF MIAMI, a Municipal Corporation of
the State of Florida, (hereinafter referred to as "CITY"), and
TONY MOLINA, INC., a Florida for profit corporation, (hereinafter
referred to as "PERMITTEE").
R E C I T A L
WHEREAS, Section 14, Insurance, subsection A) of the
Revocable Permit requires that PERMITTEE maintain general
liability insurance coverage in the amount of at least $1,000,000
for bodily injury and property damage; and
WHEREAS, the above coverage is applicable only to the
banquet facilities (hereinafter Dynasty Room) used by PERMITTEE
in connection with said Revocable Permit; and
WHEREAS, PERMITTEE also has a Lease Agreement dated 9/29/77
to operate a concession at the City of Miami Country Club Golf
Course Clubhouse, which is immediately adjacent to the Dynasty
Room; and
WHEREAS, Section 26, Property Damage and Products Liability
of the Lease Agreement requires liability insurance in the amount
of $100,000/$300,000 bodily injury and $5,000 property damage;
and
WHEREAS, since the inception of the Revocable Permit,
PERMITTEE has been unable to get the $1,000,000 coverage required
for the Dynasty Room; and
WHEREAS, PERMITTEE has requested that., because of difficulty
in finding appropriate coverage, we lower the Revocable Permit's
liability limits, to streamline them in harmony with requirements
of the Lease Agreement;
NOW THEREFORE, the parties agree that Section 14, Insurance,
subsection A) of the Revocable Permit shall be amended and
modified as follows:
9'7
O
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14. INSURANCE
PERMITTEE shall maintain throughout the period of this
Revocable Permit the following insurance:
A. General liability insurance on a comprehensive
general liability coverage form, or its
equivalent, with a combined single limit of at
least $500,000 -for bodily injury liability and
property damage liability. Products and completed
} r operations coverage, personal injury, contractual
liability, and premises medical payments 'coverage
shall be included. CITY shall be named as an
Additional Insured on all insurance policies.
THE REVOCABLE PERMIT entered into on the 19th day of
February, 1986, remains in full force and effect and shall not be
deemed to be repealed, amended, or modified in any manner
whatsoever, except as hereinabove specifically provided.
IN WITNESS WHEREOF, the parties hereto have individually and
through their proper corporate officials executed this Amendment
the day and year first above written.
WITNESSES: PERMITTEE: TONY MOLINA, INC. a
Florida for profit co or ion,
Ton ol'ina�
ATTEST: The CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
.� By
Matty Hirai, Ci lerk Cesar H. Odio, City Manager
APPROV"ED/-f,S TO FORM AND
CORREC S:
Ucia A. Dougherty
ity Attor ey
APPROVED AS TO INSURANCE
REQUIREMENTS:
L/�, � , z �__
Risk Mana e
2