HomeMy WebLinkAboutR-97-0817J-97-711
11/26/97
RESOLUTION NO. 9 7- 817
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE SALE OF
THE REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF
APPROXIMATELY 6.568 ACRES, COMMONLY KNOWN AS THE
MUNICIPAL JUSTICE BUILDING, LOCATED AT 1155 NORTHWEST 11
STREET, MIAMI, FLORIDA, (THE "PROPERTY') . TO WINN-DIXIE
STORES, INC., AT A SALE PRICE OF FIVE MILLION SEVEN HUNDRED
AND TEN THOUSAND DOLLARS ($5,710,000); 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;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED,
PERTAINING TO THAT CERTAIN PARCEL OF CITY OWNED LAND
LOCATED ADJACENT TO THE PROPERTY, THEREBY RESTRICTING
THE USE OF SUCH PARCEL FOR PURPOSES OF PROVIDING PUBLIC
PARKING ONLY AND PROVIDING FOR THE CONSTRUCTION AND
MAINTENANCE OF SUCH PUBLIC PARKING AT NO COST OR
EXPENSE TO THE CPi'Y.
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 1155 Northwest. 11 Street, Miami, Florida, commonly known as the Municipal
Justice Building; and
WHEREAS, pursuant to public notice, sealed bids were received for the sale of this
property on September. 8, 1997; and
=00MON
METING OF
Resolution No.
97- 817
WHEREAS, Invitations to Bid were mailed to 188 potential bidders and three (3)
bids were received with the bid from Winn -Dixie Stores, Inc. deemed to be in the best
interest of the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in they Preamble to this Resolution
are hereby adopted by reference thereto and incorporated herein as if frilly set forth in this
Section.
Section 2. The sale of the City -owned real property with improvements
consisting of approximately 6.568 acres, commonly known as the Municipal Justice
Building, located at 1155 Northwest, 11 Street, Miami, Florida (the "Property"), to
Winn -Dixie Stores, Inc., at a sale price of five .million seven hundred and ten thousand
dollars ($5,710,000), is hereby approved.
Section 3. The City Manager is hereby authorized to execute a Purchase and
Sale Agreement, in substantially the attached form, with Winn -Dixie Stores, Inc. 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 4. The City Manager is hereby authorized to execute a covenant, in
substantially the attached form, pertaining to that parcel of City -owned land located
adjacent to the Property, legally described therein, thereby restricting the use of such
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parcel for public parking purposes only, and providing for the construction and
maintenance of such public parking at no cost or expense to the City.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 26 day of November 1997.
XAVIER SUAREZ, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approval of
this legislation by "signing it in the designated place provided.., said legisl tio'n r-ow
becomes effective with the elapse of ten (10) days from the date of Commiss c-n n
ATTEST: regarding same, without the Mayor exe ising e /
Walter J o an City Clerk
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
W 1918/JOB/kd/csk
APPROVED AS TO FORM AND
CORRECTNESS:
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AGREEMENT FOR PURCHASE AND SALE
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of 1997 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 Winn Dixie Stores,
Inc., a Florida corporation, with offices at 5050 Edgewood Court, Jacksonville,
Florida 32254 (the "Purchaser"). The Parties hereby agree that Seller shall sell
and Purchaser shall buy the following 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
1155 Northwest 11 Street
Miami, Florida
c) Improuements
The following three buildings provided "as is" which contain an
adjusted building area of 79,011 s.f. as per the Public Records of Dade
County, Florida:
Building 1: A + 64,000 s.f. two-story reinforced concrete building.
Building 2: A + 5,000 s.f. one-story reinforced concrete building.
Building 3: A + 2,400 s.f one-story reinforced concrete building.
2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept the sum of FIVE
MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS ($5,710,000)
(the "Purchase Price"). The Purchase Price shall be payable as follows:
A. The Deposits.
(1) Upon the execution of this Agreement by the Seller, the Seller
shall deliver to Chicago Title Insurance Company, the "Escrow Agent"
FIFTEEN THOUSAND DOLLARS ($15,000), which the Seller has received
from the Purchaser as a 'Bid Deposit".
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(2) Within seven (7) days of the Effective Date of this Agreement,
the Purchaser shall deposit with the Escrow Agent an additional sum in the
amount of FIVE HUNDRED FIFTY-SIX THOUSAND DOLLARS ($556,000)
(the Bid Deposit and this additional sum will represent 10% of the Purchase
Price and are hereinafter collectively referred to as the "Deposit").
(3) The Deposit 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, FIVE
MILLION ONE HUNDRED THIRTY-NINE THOUSAND DOLLARS
($5,139,000) (decreased by any interest which accrued on the Deposit which
is delivered to Seller, and increased or decreased by adjustments, credits,
prorations, and expenses as set forth in Section 9 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 seq.) ("CERCLA") or any regulations promulgated under or pursuant
to CERCLA; (B) any "hazardous waste" as now or hereafter defined in the
Resource Conservation and Recovery Act (42 U.S.C., Section 6901 et seq.);
(C) any substance regulated by the Toxic Substances Control Act (15 U.S.C.,
Section 2601 et. Seq.); (D) gasoline, diesel fuel, . or other petroleum
hydrocarbons; (E) asbestos and asbestos containing materials, in any form,
whether friable or non -friable; (F) polychlorinated biphenyls; (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; or (ii) poses or threatens to pose a hazard to the health or
safety of persons on the Property or adjacent property.
The term "Environmental Requirements" shall mean all laws, ordinances,
statutes, codes, rules, regulations, judgments, orders and decrees, now or
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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 to 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 or pollution 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 "B", 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 such information and makes no representations as to the
accuracy or completeness of such information but Seller agrees that it will
not intentionally withhold information and Seller will not knowingly provide
any false or misleading information. Seller is not liable or bound in any
matter by any oral or written statements, representations or information
pertaining to the Property, or the operation thereof, furnished by any agent,
employee; servant or other person.
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C. Inspection Period.
Purchaser and its agents and consultants shall have a period of sixty (60)
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 its consultants to
review and evaluate the physical characteristics of the Property and to
perform certain work or inspections in connection with such evaluation after
giving the Seller reasonable notice of twenty-four (24) hours prior to each
test performed. Purchaser may extend the Investigation Period for an
additional thirty (30) days if based on the results of the testing Purchaser
believes that additional testing is warranted. For the purpose of conducting
inspections herein, 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. The .right of access herein granted shall be
exercised and used by Purchaser and its agents, employees, consultants and
contractors in such a manner as not to cause any material damage or
destruction or any nature whatsoever to, or interruption of the use of the
Property by the Seller or its lessees.
D. Inspection Indemnity.
Notwithstanding anything contained in this Agreement to the contrary, as
consideration for the Seller's 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 any damage to the Property caused by
Purchaser's inspections; 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 fourteen (14) business days from the date the Seller
receives the Environmental Notice to negotiate a mutually agreeable
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remediation protocol. In the event the Purchaser and Seller are unable to
reach agreement with respect thereto within the fourteen (14) business day
period provided herein, the parties shall have the option within two (2)
calendar days of the expiration of the fourteen (14) 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 third parties for 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 and its successors, 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 403,
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
Notwithstanding the Seller's furnishing to Purchaser of a Commitment to
Insure Title issued by Attorney's Title Insurance Fund, (Commitment No.
C-2470046) committing the title insurer to issue an Owner's Title Insurance
Policy (the "Attorney's Title Policy") covering the Property in, favor of the
Purchaser upon the recording of the deed from the Seller, subject to certain
exceptions set forth therein Purchaser will promptly order and obtain at
Purchaser's sole cost and expense (a) a commitment for an owner's policy of
title insurance with respect to the Property issued by Chicago Title
Insurance Company in the amount of the purchase price ("Title
Commitment"); and (b) a survey of the Property certified by a registered
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Florida surveyor ("Survey"). Copies of the Title Commitment and Survey
will be provided to Seller promptly upon Purchaser's receipt.
Within sixty (60) days after the Effective Date, Purchaser shall notify Seller
in writing of any matters which render title unmarketable (as defined
herein), and any such matters shall constitute "Title Defects."
For purposes of this Agreement, the following shall be considered as matters
which render title unmarketable: (a) any matters which would render title
unmarketable in accordance with the standards of the Florida Bar; or (b) any
title exceptions, matters of survey of governmental regulations or
requirements that would prevent or materially impair Purchaser's ability to
construct and operate the improvements reflected on the site plan
("Improvements") attached hereto as Exhibit "C" ("Site Plan"). Purchaser
shall be required to make such non -material reasonable modifications to the
Site Plan as may be required so long as such modifications do not materially
affect Purchaser's ability to construct and operate the Improvements in the
locations shown and located on the Site Plan. Purchaser is aware that a
portion of the Property is zoned RT Rapid Transit Zone and agrees that such
zoning will not constitute a Title Defect unless. it prevents or materially
impairs Purchaser's ability to construct and operate the Improvements as
shown on the Site Plan.
In the event the Purchaser's examination of title or survey, which
examination and survey shall be completed within sixty (60) days of the
Effective Date, reflects any condition which renders the title unmarketable
(the "Title Defect"), the Purchaser shall allow the Seller sixty (60) calendar
days within which to use reasonable diligence to cure the Title Defect, Seller
shall use good faith efforts to cure any Title Defect, provided however, Seller
shall not be required to bring any action or to incur any expense to cure any
Title Defect or objection.
If Seller shall be unable to convey title to the Property according to
provisions of this Agreement, Purchaser may: (i) elect to accept such title
that Seller may be able to convey, with no reduction in Purchase Price; or (ii)
terminate this Agreement, in which case the Deposit and all interest earned
thereon shall be returned by Escrow Agent 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 Inspection Indemnity pursuant to paragraph 3(D) hereof. 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.
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C
5. DISCLAIMER OF WARRANTIES AS TO PROPERTY;
"AS IS" CONVEYANCE.
A. Except as provided in paragraph 5B below, 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 (other than the warranties and representations contained in the
Closing documents delivered by Seller pursuant to paragraph 8A). 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 Seller has not made, will not and
does not make any representations, whether express or implied, with respect
to compliance with any land use, zoning or development of regional impact
laws, rules, regulations, orders or requirements.
(4) 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;
(5) 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.
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B. Notwithstanding anything to the contrary contained in this
Agreement, at Closing, Seller shall deliver the Property to Purchaser free
and clear of all leases and occupancy rights held by Dade County or any
other person or entity and shall cause the Property to be vacated by all
occupants on or before Closing.
C. The provisions of this paragraph shall survive the closing.
6. COVENANT
The parties hereto agree that both Purchaser and Seller shall execute at
Closing a covenant ("Covenant"), in substantially the form attached hereto as
Exhibit "D", to provide that the Property and the other parcel described
therein be considered one parcel for zoning calculation purposes and to
provide that the other parcel shall always be used as a parking lot for the
general public.
7. CLOSING DATE
Closing will take place no later than ninety (90) calendar days after the
Effective Date, or within a reasonable time thereafter, at a mutually
agreeable time (the "Closing"), at the Department of Planning and
Development, Asset Management Division located at 444 SW 2 Avenue,
Suite 325, Miami, Florida. The parties may, subject - to mutual agreement,
establish an earlier date for Closing. 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
by up to thirty (30) days as set forth in paragraph 4 hereof.
8. 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;
2) A Closing Statement.
3) A Seller's Affidavit confirming the Seller is in sole and
exclusive possession of the Property and that no work has been
performed on the Property for which the costs remain unpaid
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
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5) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby.
6) the Covenant
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.
5) the Covenant
9. 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.
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B) Closing Costs
Each party shall be responsible for its own attorney's fees incurred in
connection with the Closing.
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, authorized by Purchaser; (ii) all
recording charges, transfer taxes, stamp taxes, filing fees, and all
other sales and transfer fees payable in connection with the transfer
of the Property hereunder; and (iii) the Seller's costs incurred in
connection with the public solicitation process related to the sale of
the Property in the amount of ten thousand dollars ($10,000).
Additionally, the Purchaser shall be required to reimburse the Seller
for the actual cost of the Phase 1 Environmental Site Assessment,
Asbestos Survey and land survey of the Property in theamount of
four thousand five hundred fifty-five dollars ($4,555).
Purchaser shall be required to pay, in addition to the Purchase Price,
one hundred fourteen thousand two hundred dollars ($114,200) [two
percent (2%) of the Purchase Price] as a Buyer's Premium. Said
amount shall be paid by Purchaser to Real Estate Works, Inc.,
Gonzalo Sanabria, broker, License No. CQ1004922, said broker being
the broker registered with the City of Miami, City Clerk's Office, in
relation to this transaction.
10. DEFAULT
A) If this transaction does not close as a result of default by Seller,
Purchaser as and for its sole and exclusive remedies shall be entitled
to either (i) elect to terminate this Agreement and receive the return
of the Deposit and all interest thereon; or (ii) obtain specific
performance of this Agreement.
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. Purchaser's remedies and the limitation on
Seller's liability set forth herein shall survive Closing.
B) If this transaction does not close as a result of default by Purchaser,
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.
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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 (10)
calendar 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.
11. RISK OF LOSS
The Purchaser assumes all risk of loss or damage to the Property by fire or
other casualty, or acts of God, as of the Effective Date.
12. RELEASE AND INDEMNIFICATION
Purchaser and anyone claiming by, through or under Purchaser hereby fully
and irrevocably release Seller, its employees, officers, directors,
representatives, agents, successors and assigns (collectively the Seller) from
any and all claims that it may now have or hereafter acquire against the
Seller for any cost, loss, liability, damage, expense, demand, action or cause
of action arising from or related to any defects, errors, omissions or other
conditions, including, but not limited to, environmental matters, affecting
the Property, or any portion thereof. The foregoing, however, is not intended
to release Seller from its obligations under this Agreement.
13. 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.
14. 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:
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15.
Ott 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
NOTICES
On behalf of Purchaser:
Mario Labrit, Jr.
Real Estate Manager
Winn Dixie Stores, Inc.
1141 SW 12 Avenue
Pompano Beach, FL 33069-4677
Telephone (954)783-2700
Fax (954)783-2896
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 Purchaser
City of Miami James Kufeldt, President
City Manager Winn Dixie Stores, Inc.
444 SW 2 Avenue, loth Floor 5050 Edgewood Court
Miami, FL 33130 Jacksonville, FL 32254
Copy To Copy To
City of Miami
Mario Labrit, Jr.
Dena Bianchino
Winn Dixie Stores, Inc.
Asset Management Division
1141 SW 12 Avenue
444 SW 2 Avenue, Suite 325
Pompano Beach, FL 33069-4677
Miami, FL 33130
A. Quinn Jones, City Attorney Brian P. Tague, Esq.
444 SW 2 Avenue, 9th Floor Tew and Beasley, LLP
Miami, FL 33130 201 S. Biscayne Boulevard
Suite 2600
Miami, FL 33131
Kim Bongiovanni, Esq.
Winn Dixie Stores, Inc.
5050 Edgewood Court
Jacksonville, FL 32203-0297
12 9i-
4
16. CAPTIONS AND HEADINGS
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.
17. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest. Purchaser may assign this Agreement to any
entity which controls, is controlled by, or is under common control with
Purchaser. Purchaser may assign or pledge this Agreement to any other
entity only with the prior written consent of the City Manager which consent
may be withheld for any or no reason whatsoever.
18. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Dade County, Florida.
19. 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.
20. ATTORNEY'S COSTS
If it shall be necessary for either party to this Agreement to bring suit to
enforce any provisions hereof or for damages on account of any breach of this
Agreement, 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.
21. 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.
13 97- 817
�J
22. SURVIVAL OF REPRESENTATIONS/WARRANTIES
Paragraphs 3B, 3D, 3F, 5, 6, 10A, 12, 13, 18, 20 and 24 of this Agreement
shall survive the Closing and be enforceable by the respective parties until
such time as extinguished by law.
23. 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.
24. 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 oral or written) or actions of any party
hereto. This provision is a material inducement for Purchaser and Seller
entering into this Agreement.
25. 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.
26. 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.
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.
27. EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last
party to this Agreement executes said Agreement and the Agreement has
been approved by the Emergency Financial Oversight Board. It is hereby
acknowledged that this Agreement must be executed by both parties within
one (1) week of City Commission approval.
14
97- 817
28. AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Seller shall, in addition to
approving the purchase contemplated under this Agreement, empower the
City Manager of the Seller to modify this Agreement in the event a
modification to this Agreement becomes necessary or desirable.
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.
31. FIRST SOURCE HIRING AGREEMENT
It is the intent of the Seller that Purchaser use good faith efforts to provide
jobs to residents of the surrounding community where the store will be built
and to other residents of the City of Miami. Purchaser agrees with respect to
its initial hiring of employees for the store constructed by Purchaser on the
Property, Purchaser will first interview and consider for employment persons
referred by the Miami Jobs Program under its First Source Hiring Program
(but Purchaser retains full discretion as to hiring decisions). This provision
shall survive closing.
Dated the date first written above.
ATTEST:
Witness
Print Name
Witness
Print Name
Executed by
(Purchaser) on
By:
15 97- 817
Executed by CITY OF MIAMI, a municipal
corporation of the State of Florida
(Seller) on•
M.
ATTEST:
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
A. Quinn Jones, III
City Attorney
Frank Rollason
Interim City Manager
16 97- 817
N 'TCH TO ACCOMPANY LEGAL DESCR _ N
EXHIBIT A
`S�a 4 e'
cps°�°
� E
SCALE : 1'- 100'
�i
� A-30°'29'42'
a �- R=220' T-59.97'
A117,09' - 6.569 AC.
N85052'23°W RAO. � (PORTION OF O,R. B, 2557 P 694
i
559�34''09'W
\lov�d
9,peF�
23.34'
S 88° 58' 51'E
1
O.R.8.10725 �s�s`9�'
P.460 s
R/W LINE ^^�
3T2.35'
S,W, CORNER NW U4, SE 1/4 SEC. 35-53-41. EAST
EAST „ ,,, _ 839,14' _
• .
--P.O.C. SOUTH LINE OF NW 1/4 Of SE 1/4 Of SEC. 35-53-41.
NOTE: SHEET 2 FOR LEGAL DESCRIPTION
PREPARED BY
A. R. TOUSSAINT & ASSOCIATES, INC,
LAND SURVEYORS
620 N.E. 126 ST. NORTH MIAMI, FL,
ORDER NO, 1058G t' DATE : SEPT. 28,1993
BY : 13""^--C. V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR 1683
STATE OF FLORIDA
P.O.B.
ORDER NO. 10586, RHFFT I OF 2
97-,;817
LEGA DESCRIPTION OF PORTION OF O.R.B. 2557 P. 694 WHICH
LIES SOUTH OF EAST -WEST EXPRESSWAY (S.R.836) RIGHT-OF-WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST -WEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT BOOK 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE NW 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN EASTWARDLY ALONG THE SOUTH LINE OF THE
NW-1/4 OF THE SE 1/4 OF SAID SECTION 35,. FOR A DISTANCE
OF 839.14 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY. PROLONGATION OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI, AS RECORDED IN DEED BOOK 2146 AT PAGE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA: THENCE DE-
FLECTING TO THE LEFT 91000106" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OF THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SEWERS OF.THE CITY OF MIAMI, FOR & DISTANCE
OF 70.01 FEET.TO THE POINT OF BEGINNING OF THE TRACT OF
LAND HEREINAFTER DESCRIBED, SAID POINT OF BEGINNING
BEING 70.00 FEET'NORTH OF THE SOUTH LINE OF THE.NW 1/4
OF THE SE 1/4 OF SAID SECTION 35:
FROM SAID POINT -OF BEGINNING, THENCE CONTINUE
NORTHWARDLY ALONG THE AFOREMENTIONED WEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A'DISTANCE OF 532.8 FEET, MORE
OR LESS, TO THE'CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOK 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 47°.
06'34".RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS; THENCE CONTINUE
NORTHWESTWARDLY !MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NVI
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 484.7 FEET, MORE.OR LESS, TO A POINT OF CURVATURE,
SAID POINT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON '-THE WEST LINE OF THE SE 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
EASTWARDLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT, HAVING'A RADIUS OF.1096.28 FEET AND A CENTRAL ANGLE
OF 12030100", FOR A DISTANCE OF 239.17 FEET TO A POINT, -OF
TANGENCY;' THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT
TO THE AFOREMENTIONED CURVE, A DISTANCE OF_200.00 FEET TO
A POINT OF CURVATURE; THSNCE RUN SORTHWARDLY ALONG THE
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1196.28 FEET AND CENTRAL ANGLE OF 04052130" FOR A DISTANCE
OF 101.79 FEET TO A POINT; THENCE DEFLECTING TO THE LEFT
82"22'30" FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINT; THENCE DEFLECTING TO THE RIGHT 40"00'00" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE DEFLECT-
ING TO THE LEFT 41001103" RUN EASTI.IARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNING OF THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6,569 ACRES OF LAND, MORE OR LESS.
97- 817
ORDER NO, 10586 SHEET 2 OF 2
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EXHIBIT B
PHASE I - ENVIRONMENTAL AUDIT
MUNICIPAL JUSTICE BUILDING
1155 N.W. 11 STREET
MIAMI, DADE COUNTY, FLORIDA
JUNE 24,1997
PREPARED BY:
AB=MT CONSULTANTS, INC.
9400 SOUTH DADELAND BOULEVARD
SUITE 370
MIAMI, DADE COUNTY, FLORIDA
97- 817
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PHASE I - ENVIRONMENTAL AUDIT
MUNICIPAL JUSTICE BUILDING
1155 N.W. 11 STREET
MIAMI, DADE COUNTY, FLORIDA
JUNE 24, 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 "Municipal Justice
Building" located at 1155 N.W. 11 Street, Miami, Dade County, Florida. The site lies within
Section 35, Township 53 South, Range 41 East (see Figure 1 - Site Location Sketch).
This Audit was to include the research of available Federal, State and County environmental
records to determine whether environmental concerns exist at the subject property and/or
surrounding properties; a review of aerial photographs and , other historical informational
resources in order to evaluate prior land uses at the subject property; a compilation of information
related to water supply, sewage disposal, stormwater drainage systems and other public facilities
which may have influenced the environmental integrity of the subject site; and a site inspection to
identify existing or potentially hazardous environmental conditions at the subject property or
adjacent properties.
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
statutes, 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 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.
97- 81'7
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2.0 SITE SPECIFIC INFORMATION
2.1 Site Description
The subject property is approximately 6.57 acres in size and has been improved with three (3)
separate concrete block and stucco (CBS) buildings further described as follows: a 2-story
building which is primarily vacant, although the second story of the building has been allocated to
the Dade County Interim Central Detention Center; a single story building utilized by the City of
Miami Parks Operations; and a single story building used by the City of Miami Law Department
and Public Work;Department for file storage. All of these structures exist together with ancillary
paved parking areas and certain other site improvements (refer to Figure 2 - Site Sketch).
2.2 Legal Descriptions
The legal description of the subject property, in addition to a sketch of survey which accompanies
the legal description, as provided to AB2MT by the Client, is attached 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 Address Owner Year Built
01-3135-000-0164 1155 N.W. 11 Street City of Miami 1950
2.3 Surrounding Uses
The subject property is located within the City of Miami, Dade County, Florida. The subject
property is bordered to the north by State Road 836/Dolphin Expressway and Wagner Creek; to
the south (across N.W. 11 Street) by Travel Lodge and residential uses; to the east by the City of
Miami Department of Water & Sewers; and to the west by the N.W. 12 Avenue right-of-way
corridor. A Surrounding Uses Sketch is provided as Figure 3.
2.4 Zoning
The subject property is zoned C-1 (Restricted Commercial), a zoning classification in accordance
with the City of Miami's Official Zoning Atlas and Comprehensive Development Master Plan.
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AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL 0 PLANNING • (305) 670-1011 • Fax (305) 670-1016
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 through 1969, inclusive, 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.
1963-66 The subject property appears as it currently exists. Directly north of the subject
site, vacant, undeveloped land, Wagner Creek and residential uses are noted. To
the south of the subject property, residential uses are noted. The City of Miami
Department of Water &. Sewers is visible to the east, and vacant, undeveloped land
is noted to the west (across N.W. 12 Avenue).
1967-68 Construction of State Road 836/Dolphin Expressway is visible to the north of the
subject property.
1969 State Road 836/Dolphin Expressway appears as it currently exists. No additional
changes are noted.
1971-91 No significant changes are noted at or adjacent to the subject property.
1992 The western portion of the subject property does not appear to be in use.
Automobiles are only observed at the location of the Dade County Interim Central
Detention Center and Parks Operation building.
1993-97 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 H.
3.2 Bresser and Polk (Directories Review
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 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 on the next page:
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AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 - Fax (305) 670-1016
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Year Address Use
1957-74 1155 N.W. 11 Street Municipal Justice Building
Municipal Court Clerk
Law Department Prosecuting Division
City Police
City Jail
City Police Department Academy
City. Police Department Motorcycle Unit
1977 1155 N.W. 11 Street Woman's Detention Center
Woman's Social Service
1979-80 1155 N.W. 11 Street Greater Miami Chamber of Commerce
City Citizen Service
City Youth Programs
City Human Resources
City Employment Application
City Job Verification
City Affirmative Action
City Safety Division
City Bridge Department
1989 1155 N.W. 11 Street City Community Development
City Community Program
City Social Programs
City Citizens Response
City Jobs Neighborhood Program
City Employment .Application & Information
City Employment Verification
1151 N.W. 11 Street County Corrections Bureau Supervisor
County Social Services
1149 N.W. 11 Street Miami Bridge Department
3.3 Sanborn Fire -Insurance Map and Hopkins Plat Review
In efforts to document the potential historical storage of hazardous materials at the subject
property, Sanborn Fire Insurance Maps and Hopkins Plats on -file with the Mapping and
Geographic Department of Environmental Risk Information & Imaging Services (ERIIS) and the
Main Library of the M iiami-Dade Public Library System were researched. The available Sanborn
and Hopkins maps for that portion of the City of Miami in which the subject property is located
included maps for the following years: 1925, 1938, 1950 and 1987.
_ 4
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
The 1925 Hopkins Plat, depicts the subject property as a portion of a Golf Course. The 1939 and
1950 Sanborn Maps indicate that the subject property was as a portion of the Miami Country
Club and Golf Course. The 1987 Sanborn Map shows the structures currently located on the
subject property. It should be noted that all of the Sanborn Maps reviewed failed to reveal the
presence of any hazardous liquid storage tanks at the subject property. Copies of the 1925, 1938,
1950 and 1987 Hopkins and Sanborn Maps, respectively, have been attached as Exhibit III.
3.4 Flammable and Combustible Liquids Permit Records
A review of Flar&hable and Combustible Liquids permit records on -file with the City of Miami
Bureau of Fire Protection was conducted in order to determine if any aboveground storage tanks
(AGT's) or underground storage tanks (DST's) were installed or removed from the subject
property. It should be noted that, in accordance with Chapter 19 entitled "Fire Protection", of the
Code of the City of Miami, the bureau of Fire Protection requires all AGT's or UST's having a
capacity of sixty (00) gallons or more of flammable or combustible materials to be permitted with
the City of Miami. According to Lieutenant Scott, with the City of Miami Bureau of Fire
Prevention, permit records pertaining to the subject property were not on -file with the City of
Miami Bureau of Fire Prevention.
3.5 Summary
Based on a compilation of research discussed above, it has been concluded that the subject
property was a portion of the Miami Country Club and Golf Course from (circa) 1925 to 1950.
In 1950 the City of Miami Municipal Justice Building complex was constructed. Based on a
Sketch of Survey, dated April 1959 and provided to AB2MT by the Client, the buildings
constructed in 1950 are consistent with the structures which currently exist on -site.
Bresser and Polk Directories and the Sketch of Survey, dated 1959, indicate that the City of
Miami Police Department Motorcycle Unit maintained a motorcycle shop at the current location
of the Park Operations building. Additionally, a Gunnery Range was also located at the current
location of the City of Miami Law Department and Public Works Department storage building.
Evidence suggests that the motorcycle shop operated on -site from 1950 until (circa) 1974. It is
unclear if maintenance and repair activities were in fact conducted at the former motorcycle shop.
However, it would be prudent to assume that mechanical maintenance and repair activities were
conducted in this area. It should be noted that mechanical repair activities represent a potential
environmental concern due to the types of industrial/hazardous materials which are handled,
stored and generated on -site.
The Gunnery Range was.*utilized as an indoor shooting range and for the storage of ammunition.
Based upon the fact that the floor of the former Gunnery Range is concrete and the ammunition
was reportedly collected and properly disposed, it is unlikely that the environmental integrity of
the subject property would have been negatively impacted by the use of lead based ammunition
within the Gunnery Range building.
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL
97- 817
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Finally, the types of uses which have operated from the subject property from 1977 to 1997 do
not appear to represent any environmental concern.
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. Amilar Choquehuanca with the City of
Miami Department of Public Works, public sanitary sewer service is' available to the subject
property via an 8 inch diameter gravity sewer main running within the N.W. 11 Street right-of-
way corridor.
According to water atlas. information provided by Mr.Yves B. Fequiere of the Miami -Dade Water
and Sewer Department (M-DWASD), public water supply is available to the subject property via
a 12 inch diameter water main running within the. N.W. 11 Street right-of-way corridor.
According to "as -built" information, public water supply has been available to the subject
property since (circa) 1927 and sanitary sewer service has been available since (circa) 1950.
4.2 Stormwater Drainage
Stormwater runoff from the paved parking areas of the subject property is collected by on -site
catch basins. Based on field observations, it appears that these catch basins discharge to slab -
covered trenches (i.e., soakage pits). However, a Sketch of Survey dated 1959, in addition to
field observations, revealed that several catch basins located directly north of the Municipal
Justice Building and adjacent to the Parks Operations building discharge directly to Wagner
Creek.
It should be noted that this firm attempted to obtain historical building plans on -file with the City
of Miami Microfilm Department in order to ascertain the construction details of this stormwater
drainage system which appears to discharge to Wagner Creek. However, building plans were not
on -file with the Microfilm Department.
In order to determine if the City of Miami would need to obtain a National Pollutant Discharge
Elimination Systems (NPDES) permit for discharging stormwater to Wagner Creek, Mr.
Roosevelt Childress, Chief, Storm Water and Municipal Permit Unit, with the United States
Environmental Protection Agency (EPA) Region IV was contacted. According to Mr. Childress,
a NPDES permit is not required for the subject property since industrial activities are not
conducted on -site.
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
Finally, it should be noted that if substantial modifications are made to the subject property, it will
be required that the present drainage systems be brought into compliance with regulations in
effect at that time. This may include on -site retention of stormwater runoff, the installation of
pollutant retardent catch basins which provide for oil and water separation, the installation of
exfiltration trenches (i.e., french drains), and the elimination of the existing outfall which
discharges to Wagner Creek.
5.0 ENVIRONMENTAL RECORDS
5.1 Federal an`A 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) "American Society for Testing and Materials
(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
(HMS); No Further Remedial Action Planned Sites (NFRAP); and the Metropolitan Dade County
Regulatory Database Report (SPELLS) 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. 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).
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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), the
SWF database report (extracted 4/11/97), the HWS database report (extracted 6/09/95), the
NFRAP database report (extracted 5/23/97) and the SPILLS database (extracted 4/25/97) all
failed to list the subject property. Copies of the database reports are included as Exhibit IV.
5.2 Dade County Records
The Metropolitan Made 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 failed to indicate that enforcement actions
have ever been 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; marine and agricultural facilities. However, a review of DERM's
permit/tracking lists regarding these activities failed to indicate that the subject property has ever
been permitted and/or tracked by DERM.
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 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 ERRS Digital Site Map, which is
included as Exhibit V, depicts the location of those properties included in the ASTM Summary
Radius Statistical Profile database reports, which are attached as Exhibit IV.
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
not located within a public water supply wellfield cone -of -influence (COI) as currently computer
modeled by DERM. A copy of a portion of the Dade County Wellfield Protection Area Map has
been included as Exhibit VI in order to depict the location of the subject property in relation to
the nearest wellfield COI.
8 97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING - (305) 670-1011 • Fax (305) 670-1016
6.2 Solid Waste Sites, Landfills and Dumps
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 Dade County Solid Waste Sites Map failed to indicate that the subject site or any adjacent
properties were formerly solid waste sites, Superfund sites, etc. A portion of the Dade County
Solid Waste Sites Map which depicts the approximate location of the subject property has been
included as Exhibit VII. The approximate location of the subject property has been marked on the
map with a graphic)symbol "Site Location".
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 VIII.
7.0 SUPPLEMENTAL INFORMATION
7.1 Groundwater Flow Direction
The regional groundwater flow direction for the vicinity of the subject property appears to be
generally in a 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 IX for a copy of the Average Ground -Water Level elevation contour map.
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 for the buildings in the Municipal Justice Building
complex 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 4ny
asbestos -containing materials (ACM's) within the interior of the above referenced structures.
According to EE&G's reports included as Exhibit X, ACM's were identified in various vinyl floor
97- 817
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
tiles in the main building of the complex and the Park Operations building as well as in thermal
pipe insulation in the jail's generator room. Refer to the Limited Asbestos Survey report dated
June 24, 1997 which is included as Exhibit X for additional detail related to the locations and
estimated quantities of asbestos containing materials which were identified by EE&G.
8.0 SITE RECONNAISSANCE
8.1 Site Inspection
On June 11 and 18, 1997 Ms. Dawn B. Utset an Environmental Technician and. Mr. Michael
Patey, E.I., both 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
M.
The subject property has been improved with three (3) separate CBS buildings. Those
facilities which currently operate from these structures are as follows: the Dade County
Interim Central Detention Center is located on the second floor of the 2-story building and
the remaining areas of the building are not in use; Parks Operations currently occupies the
northern most single story building; and, the second single story building is used for
storage by the City of Miami Law Department and Public Works Department. .
2. Stormwater runoff from the paved parking areas of the 2-story building- is provided by
several catch basins. Inspection of the groundwater contained within the accessible catch
basins failed to reveal an oily sheen or petroleum odor. The majority of the catch basins
located on the southwestern portion of the property were filled with dirt and debris.
3. Evidence of what appeared to be an underground storage tank (UST) system was
observed in the area of the generator room which services the Dade County Interim
Central Detention Center. Two vent pipes were visible outside the generator room. It
should be noted that vent pipes typically represent the presence of either an aboveground
storage tank (AGT) or an UST. Interior inspection of this area revealed that one pipe is
an exhaust pipe associated with the facility's emergency generator. A day tank was
observed adjacent to the generator. The point of connection and use of the second pipe
could not be determined by field observations. It is recommended that the function of this
pipe be verified.
4. No containers, drums, aboveground storage tanks (AGT's) or other aboveground storage
units containing hazardous materials and/or liquid waste were noted during the inspection
of the 2-story building, with the exception of the day tank located adjacent to the
generator.
5. Numerous empty 55-gallon capacity -drums, heavy equipment and used tires were
observed in the area of the Parks Operations building. No heavy equipment repairs are
conducted on -site. Apparently, the drums are utilized as trash cans at the City of Miami
97- 817
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
a
parks. Used batteries stored in the open and adjacent to the Parks and Operations building
were observed. A threaded and capped metal pipe was also observed extending
approximately six (6) inches above grade on the south side of the Parks Operations
building. It should be noted that representatives of AB2MT were not able to open the
pipe. The pipe's function was not apparent; however, the potential exists that it may be
associated with a UST formerly used by the motorcycle shop. Therefore, it is the
recommendation of this firm that a licensed plumber be retained to access the pipe in
order to ascertain its use. Alternatively, building plans should be located which would
provide construction details and information related to the unknown pipe.
6. Scattered debris and wood are located between the Parks Operations building and the
storage shed. Consequently, a through inspection of this area could not be conducted. It
should be noted that the Sketch of Survey dated 1959 depicts two (2) catch basins in this
area; however, neither catch basin could be located during the site inspections.
7. Interior inspection of the Parks Operations building revealed that this building is utilized
for office space and for dry goods storage. The types of materials stored consist of
janitorial type supplies, fertilizers and Round -Up. No mixing is conducted on -site.
8. A small machine room is located within the Parks Operations building. It appears that
minor mechanical repairs of lawn maintenance equipment are conducted in this area. No
floor drains are observed in this room. Several oils cans and lubricant containers were
observed. Several empty gas cans were noted. It should be noted that this area does not
appear to be used regularly.
9. A carpentry shop is also located in the Parks Operations building. No floor drains were
visible. According to on -site personnel, this area is no longer in use.
10. No drums, aboveground storage tanks (AGT's) or other aboveground storage units
containing hazardous materials and/or liquid waste were noted in the Parks Operations
building.
11. Stormwater runoff from the paved parking areas of the Parks Operations building is
collected by on -site catch basins. Inspection of the groundwater contained within the
catch basins failed to reveal an oily sheen or petroleum odor. As previously discussed
above in subsection 4.2 Stormwater Drainage, stormwater collected by these catch
basins appears to discharge directly to Wagner Creek.
12. A trailer is located adjacent to the CBS storage building. Interior inspection of the trailer
revealed that pesticide and insecticide products are stored in this area. According to on -
site personnel, mixing is conducted in a specially equipped truck and not over the asphalt.
13. No evidence of a leaking electrical transformers was observed on the subject property.
11
97- 817
A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING (305) 670-1011 • Fax (305) 670-1016
14. No stained soil or stressed vegetation was observed on the subject property which would
be indicative of a release of hazardous materials, wastes or petroleum products to the
open ground. However, some oil stains were observed on the asphalt paved parking area
of the Parks Operations building. These stains appear to be associated with potential
leakage from the heavy equipment stored in the area. It also appeared that some spillage
had occurred on an adjacent landscaped "island" in the parking lot.
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.).
9.0 CONCLUSIONS AND RECOMMENDATIONS
As discussed above, in section 3.0 SITE USE - HISTORICAL, the City of Miami Police
Department's Motorcycle Unit operated a motorcycle shop from the Parks Operations building
from (circa) 1950 until (circa) 1974. It is unclear if maintenance and repair activities were in fact
conducted at the former motorcycle shop. However, it would. be prudent to assume that
mechanical maintenance and repair activities were conducted in this area.
Considering, the time elapsed since the motorcycle shop operated from the subject property, in
addition to the fact that the subject property has been connected to the public sanitary sewer
system since the Municipal Justice Building complex was constructed in 1950, it is unlikely any
residual contamination exists as a result of the motorcycle shop maintenance and repair activities.
However, the unknown pipe located on the south side of the Parks Operations building should be
further investigated to confirm that it is not .associated with an UST system. It is also possible
that the pipe is a "cleanout" associated with the building's sanitary sewer discharge. Until the use
and construction details of the pipe is determined, this firm cannot offer an opinion regarding
environmental compliance at the Parks Operations building since the potential exists for soil
and/or groundwater contamination, if in fact the pipe is associated with an improperly abandoned
UST.
With regards to the foregoing, and based upon the various components discussed herein, it is the
opinion of this firm that no environmental concerns exist at the 2-story building and the storage
building with the possible exception of the vent pipe located outside the 2-story building's
generator room. It is recommended that this pipe's function be determined. This firm also
recommends the following:
1) The trash and debris surround the Parks Operations building be collected and properly
disposed. All batteries must be stored undercover or properly disposed.
2) It is this firm's opinion that it would be prudent to open the unknown pipe located on the
south side of the Parks Operations building in order to ascertain the use of the pipe and ,to
confirm that it is not associated with an UST.
97- 817
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AB2MT CONSULTANTS, INC. - ENGINEERING - ENVIRONMENTAL - PLANNING - (305) 670-1011 - Fax (305) 670-1016
3) The catch basins which are filled with dirt and debris should be cleaned out to prevent
flooding that occurs when a stormwater drainage system is obstructed.
4) The small area of oil spillage in the landscaped "island" on the north side of the Park
Operations building be excavated and properly disposed.
5) The Parks Operation facility should comply with the applicable Best Management
Practices listed in DERM's "Best Management Practices for Mechanical Repair Facilities"
and FDEP's "Best Management Practices for Golf Course Maintenance Departments".
For example, these documents list proper procedures for the storage and disposal of used
tires and batteries; proper procedures for handling oil spills; proper procedures for the
management of.pesticides and fertilizers; as well as other pertinent operating procedures
which will help to prevent the contamination of soil; groundwater and surface water by the
materials handled and stored at the Parks Operations building. Copies of DERM's "Best
Management Practices for Mechanical Repair Facilities" and FDEP's "Best Management
Practices for Golf Course Maintenance Departments" have been included as Exhibit XH.
6) ' It is recommended that the City of Miami contact Ms. Lorna Buckner of DERM's
Agricultural Waste Section for a determination related to the Park Operation Departments
requirement for permitting. Ms. Buckner may be reached at 372-6789.
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 belief that it is generally prudent to conduct
soil and/or groundwater sampling in order to establish background environmental conditions;
however, such testing would be conducted solely at the Client's discretion.
PREPARED BY:
Dawn B. Utset
Environmental Technic
97- 817
13
AB2MT CONSULTANTS, INC. ENGINEERING • ENVIRONMENTAL o PLANNING • (305) 670-1011 • Fax (305) 670-1016
SCALE: 1:24 000
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NATIONAL GEODETIC t> RMAL DATUM OF It"
CONTOUR INTERVAL 5 FEET
9%- 817
SITE LOCATION 8KETCN FIGURE
MUNIC1153 I PN.11YAL .JUSTICE BUILDING A B2M T CONSULTANTS, INC. I
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WAMI, DADS COUNTY, FLORIDA ENGINEERING:ENVIRONMENTAL.
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PARKING
DADE COUNTY
DETENTION CENTER
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11 STREAT
MUNICIPAL JUSTICE BUILDING
1155 N.W. 11 STREET
MIAMI, DADE COUNTY, FLORIDA
OPERATIONS
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LAW DEPARTMENT
STORAGE 3 PUBLIC
WORKS STORAGE
SITE SKETCH
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FIGURE
AB2MT CONSULTANTS, INC. 2
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EXHIBIT I
97- 817
AB2MT CONSULTANTS, INC. 9 ENGINEERING -. ENVIRONMENTAL - PLANNING - (305) 670.1011 9 Fax (305) 670-1016
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LEq&DESCRIPTION. OF PORTION OF O.R.B. 2557 WHICH
LIEPMUTH OF EAST -WEST EXPRESSWAY (S.R.836) RI OF -WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST -WEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT 900K 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE NW 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN EAST%IARDLY ALONG THE SOUTH LINE OF THE
NW-1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE
OF 839.14 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY.PROLONGATIOtt OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI,"AS RECORDED IN DEED BOOK 2146 AT PAGE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDAI THENCE DE-
PLECTI143 TO THE LEFT 91'00'06" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OF THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SEWERS OF THE CITY OF MIAMI, FOR A DISTANCE
OF 70.01 FEET TO THE POINT OF BEGINNING OF THE TRACT OF
LAND HEREINAFTER DESCRIBED, SAID POINT OF BEGINNING
BEING 70.00 FEET NORTH OF THE SOUTH LINE OF THE -NW 1/4
OF. THE SE 1/4 OF SAID SECTION 35%
FROM SAID POINT OF BEGINNING, THENCE CONTINUE
NORTHWARDLY ALONG THE AFOREMENTIONED WEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A -DISTANCE OF 532.8 FEET, MORE
OR LESS, TO THE CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOK 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 47'
06'34" RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS; THENCE CONTINUE
NORTHWESTWARDLY MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL. WITH THE WEST LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 351 THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE BE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 494.7 FEET, MORE.OR LESS, TO A POINT OF CURVATURE,
SAID POINT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON THE WEST LINE OF THE Sig 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
EASTWARDLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT, HAVING A RADIUS OF.1096.28 FEET AND A CENTRAL ANGLE
OF 12"30'00", FOR A DISTANCE OF 239.17 FEET TO A POINT OF
TANGENCY; THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT -
TO THE AFOREMENTIONED CURVE, A DISTANCE OF,200.00 FEET TO
A POINT OF CURVATUREI THPCE RUN SOUTIIWARDLY ALONG THE
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1196.28 FEET.AND CENTRAL ANGLE OF 04'52"30" FOR A DISTANCE
OF 101.79 PEET TO A POINT) THENCE DEFLECTING TO THE LEFT
82'22'30' FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINT) THENCE DEFLECTING to THE RIGHT 40*00100" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 351 THENCE DEFLECT
ING TO THE LEFT 41'01'03" RUN EASTWARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH TINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNING or THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6.569 ACRES OF LAND, MORE OR LESS.
ORDER NO. 10586 SHEET 2 OF 2
97- 817
- OC7-06-1993 16:20 Ffb CM INC.
TO 9-371-%10 P.02iO3
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SCALE I I'^ 100'
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
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SE Il4 SEC. 35-53-41. - oI
EAST „ ,,, 0 839.14' o ��
P.O.C. \\: SOUTH LINE OF NW 1/4 OF -SE 1/4 Of SEC. 35-53-41.
NOTE: SHEET 2 FOR LEGAL DESCRIPTION
PREPARED BY -�
A. R. TWSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126 ST. NORTH MIAM1, FL.
ORDER No. 10586 DATE : SEPT.28,1993
BY : 1"0 i�ti-�� � V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR 1683
STATE OF FLORIOA
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—L Lr- 1$1
505 Huntmar Park Drive, Suite 200 ■ Herndon, VA 20170 ■ (703) 834-0600 ■ (800) 989-0403 ■ FAX (703) 834-0606 JE R 11S
• I The reproduction of the Sanborn"' fire insurance maps has been made by permission of EDR Sanborn, Inc., the copyright holder, in accordance with the terms and conditions of an agreement between
Environmental Risk Information & Imaging Services and EDR Sanborn, Inc. dated August 1, 1991. EDR SANBORN, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH
REGARD TO THE SANBORN MAPS, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sanborn and Sanborn Maps are trademarks of EDR Sanborn, Inc.
I.num PERMISSION TO PHOTOCOPY: The client is permitted to make up to THREE photocopies of each Sanborn fire insurance map accompanying this report solely for the limited use of its custoner. No one other than the client is
authorized to make copies. Upon request made directly to an ERIIS representative, the client may be permitted to make a limited number of additional photocopies. This perntission is conditioned upon complir^ro h Iha A-1 it- r,istomer
and their agents with EDR Sanborn, Inc.'s copyright policy; a copy of which is available upon request.
The Manufacturers Mutual Maps are the property of the Edison Institute, Dearborn, Michigan, and may not be further reproduced without permission. HOPKINS
N.T.S. 97- 817
1997 AERIAL PHOTOGRAPH .EXHIBIT
MUNICIPAL JUSTICE BUILDING AB m
1155 N.W. 11 STREET 2MTCONSULTANTS, INC.
MAM, DADS COUNTY. FLORIDA
:ENGINEERING ENVIRONMENTAL
EXHIBIT III
97- 817
A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
;f
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Environmental Risk information• InvagingServices
Miaut/%•�,v A
I50 Huntmar Park Drive, Suite 200 � Her dOn VA 20170 � (703) 834-0600 � (800) 989-0403 a FAX (703) 834-0606 I R II l4 . — od n of the SBnhom fire insurance maps hea bee Fqy pe miesim of EDR Sanborn, lac, the copy g t ho der, in eecardsnce with the terms an m ti g cement b tweallon Imaging ServicesndEDR Sa44ha( dated Augst 1, IDDI. EDR SANRDRN, INC. MA NO RF.PRFSF.NTATIONS OR WARRANTI F_S OF F. RESS OR IMPLIED, N T
REGARD TO ri.4 6 u"" LIMrrATION WARRANTIES OF MEP RTI Sanborn Me n s f EDR Sanhom, Ivrc-
QE eNrTO �'PIItYyeCO diepl. a pniltad.tnmake up to THREEbhlifa6pj, f mch EaaMl$F 'uguUtix r6dp bccompenyjRg tlrcpoT} sale br he limited ux of its ewtoRer. i No otw other than the lien ver
Ihnriz, to ate pies. Upon mque�.�ry ly l 115 rep sentative, the cljent�pleY hiNdfdMtej��fnRidrumheFEf9dditi I y�i ICI prwgraly ,s^ ^r^-t, ils cvelQ
and thei egrnU�RDI�ISanbsr6; idi:b oh b t,pptol�rp�py �•K�h naysilablc upin requcs.', 1;7�_. �(, �� ,, ., �„ ! -" ,- �� y r z1
The btnnufartomniMu(uel Maps ere the 9npty exn,'yof the Edison Inetilute, Desrbom, Michigan, end y mt he funher reproduced without permission. '' 1ct 37
LI
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EXHIBIT IV
97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
:s
® ERIIS Summary Report 0
SUBJECT PROPERTY: MUNICIPAL BUILDING
1155 N.W. it STREET
MIAMI, FL 33125
ORDERED BY: AB2MT (DAWN B. UTSET)
REPORT NUMBER: 171380A
PREPARED ON: 06/09/97
ERAS 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 ERAS 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 3VENT
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.
97- 817
�ERIIS Summary Statistical Profile 0
RRIIS Report #171380A Jun 9, 1997
SITE: MUNICIPAL BUILDING Latitude: 25.784083
1155 N.N. 11 STREET Longitude:-60.222985
MIAMI, FL 33125
'State: "FL...
_...........
DATABASE
RADIUS (MI) TARGET AREA**
NPL
1.00
CERCLIS
0.50'
RCRIS TS
1.00
RCRIS LG
0.25
RCRI9_SG
0.25
ERNS
0.05
LRST
0.50
RST
0.25
SWF
0.50
BWS
1.00
NFRAP
0.50
SPILLS
0.25
PROPERTY-1/4
1/4-1/2
1/2-1
>1 TOTAL
O
0
0
0
0
O
0
0
0
0
0
0
0
3
3
0
0
4
16
20
4
4
0
1
1
1
0
0
1
0
1
1
0
0
6
6
18
18
0
0 36
TOPO QUAD: Miami
Radon Zone Level: 2
Zone 2 has a predicted average indoor screening level >- 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.
97- 817
•
F"I NTAL RISK INFORMATION G IMAGING SERV
DATABASE REFERENCE GUIDE
NPL National Priorities List
Date of Data: 04/91/97
Release Date: 05/06/97
Date on System: 03/23/97
US Environmental Protection Agency
Office of Solid haste and Emergency Response
-7Q3/603-888-1 ----- -- -- ---
CERCLIS
Date of Data: 04/01/97
Release Date: 05/06/91
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: 10/02/96
Release Date: 12/16/96
Date on System; 03/24/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
800/424-9346
RCRI3 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 2980. 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 (SOAP).
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 (RAATS)
- Inspections G evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed G 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 -alto
Resource Conservation and Recovery Information System - Large
Quantity Generators
The RCRIS LO 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 (RAATS)
- Inspections G evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed G 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
:I
97- 817
ENVIAL RISK INFORMATION i IMAGING SERVI�
DATABASE REFERENCE GUIDE
RCRIS_so
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
RRNS
__ ... .Date- of Data:-03/20/97 ---- - --
Release Date: 03/31/97
Date on System: O5/09/97
US Environmental Protection Agency
Office of Solid Waste and Emergency Response
202/260-2342
LRST
RST
SWF
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/O5/97
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 SO 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_SO Report:
- Information pertaining to the status of facilities tracked
by the RCRA Administrative Action Tracking System (RAATS)
- Inspections i evaluations conducted by federal and state
agencies
- All reported facility violations, the environmental
statute(s) violated, and any proposed a 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, 1997.
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.
It
97- 817
+ ENVINTAL RISK INFORMATION G IMAOINO SERVI®
DATABASE REFERENCE GUIDE
Ems Florida Sites List
-- - Date of --Data: 04/12/93
Release Date: 04/27/95 The Florida Sites List is a comprehensive listing of
Date on System: 06/09/93 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
No Further Rezwd+al 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 Superfund action or NPL
consideration.
MSITES Broward County Florida Regulatory Database Report
Date of.Data: 11/16/95
Release Date: 12/21/95 The Broward County Regulatory Database Report contains
Date on system: 03/15/96 information pertaining to sites/facilities which are tracked
Broward County DNRP by the Broward County DNRP. The "Tracking Program" field
Enforcement Administration 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.
907 - 817
It
uIS Report Y171380A
Wmmary of Plottable sites
jun 9, 1997
FACILITY
ERIIS ID. ADDRESS DISTANCE DIRECTION
DATABASE`' COMMENTS FROM SITE FROM SITE MAP ID
0 - 1/4 Miles
12059016596
Dade Cnty-distribution
.069 Mi
SOUTHEAST
1
LRST
1001 Nw llth St
Miami, FL 33136-2209
County: Dade
12044008918
Dade Casty -distribution
.069 Mi
SOUTHEAST
1
PST
1001 Nw 11th St
Miami, FL 33136-2209'
County: Dade
12021008104
Mdwis-distribution Center
.069 Mi
SOUTHEAST
1
SPILLS
2001 Nw filth St
Miami, FL 33136-2209
County: Dade
12008008040
Miami Dade Wsad Distribution Div
.069 Mi
SOUTHEAST
1
RCRIS_SO
1001 Nw lith St
Miami, FL 33136-2209
County: Dade
12021008204
Merrill - Stevens Dry Dock Cc
.181 Mi
SOUTHWEST
2
SPILLS
1270 Nw llth St - tk%
Miami, FL 33125-1601
County: Dade
12606005169
Merrill Stevens Drydock Corp
.181 Mi
SOUTHWEST
2
RCRIS_SO
1270 Nw filth St
Miami, FL 33225-2601
County: Dade
12044009485
Merrill-stevens Dry Dock
.181 Mi
SOUTHWEST
2
RST
1270 Nw iith St
Miami, FL 33125-1601
County: Dade _
11059016369
Merrill-stevens Dry Dock Co.
.181 Mi
SOUTHWEST
2
LRST
1270 Nw llth St
Miami, FL 33125-1601
County: Dade
12059016359
Dade Cnty Gsa-graham Bldg
.194 Mi
NORTHWEST
3
LRST
1350 Nw 12th Ave
Miami, FL 33136-2102
County: Dade
22044009508
Dade Cnty Gsa-graham Bldg
.194 Mi
NORTHWEST
3
RST
1350 Nw 12th Ave
Miami, FL 33136-2102
County: Dade
22021015554
Ddfm-graham Bldg `
.194 M1
NORTHWEST
3
SPILLS
1350 Nw 12th Ave
Miami, FL 33136-2102
County: Dade
12021005421
Festival Floats, Inc.
.220 Mi
SOUTHWEST
4
SPILLS
1100 Nw South River Dr
Miami, FL 33136-3625
County: Dade
12059016623
Cedars Medical Center
.221 Mi
NORTHWEST
6
LRST
1400 Nw 12th Ave
Miami, FL 33136-1003
County: Dade
12044008890
Cedars Medical Center
.221 Mi
NORTHWEST
6
RST
2400 Nw 12th Ave
Miami, FL 33136-1003
County: Dade
9:- 81'7
IIS Report
mmary of Plottable sites
#171380A
Jun 9, 1897
FACILITY
BRAS ID.
ADDRESS
DISTANCE
DIRECTION
DATABASE
COMMENTS
FROM SITE
FROH SITS
MAP ID
12021002243
Cedars medical Center, Inc.
.221 Hi
NORTHWEST
6
SPILLS
1400 Nw 12th Ave
miami, FL 33136-1003
County: Dade
12021008029
Cedars medical Center, Inc.
.221 Hi
NORTHWEST
6
SPILLS
1400 Nw 12th Ave
Miami, FL 33136-1003
County: Dade
12053000491
Miami Battery a Electric Cc
.222 mi
SOUTHWEST
5
HWS
1110 Nw South River Dr
Medley, FL 33136-3615
County: Dade
12008008828
Texaco #240210616
•227 Mi
SOUTHWEST
7
RCRIS_SO
1150 Nw South River Dr
Medley, FL 33136-3615
-County: Dade
1/4 - 1/2 Hiles
12059015514
Dade Cnty-dept Of Corrections
.262 Mi
NORTHWEST
8
LRST
1321 Nw 13th'St
Miami, FL 33125-1603
County: Dade
12059016719
Miami River Centre
.299 Hi
SOUTHEAST
9
LRST
1001 Nw 7th St
Miami, FL 33136-3707
County: Dade
12059017530
Shell Station -orange Bowl
.322 Hi
SOUTHWEST
10
LRST
1201 Nw 7th St
Miami, FL 33125-3701
County: Dade
12059021119
University Of Miami-gautier Bldg
.345 Mi
NORTHEAST
12
LRST
loll Nw 15th St
Miami, FL 33136-1019
County: Dade
12059017601
Backus Corp
.353 141
SOUTHWEST
11
LRST
1201 Nw South River Dr
Hiami, FL 33225-3735
County: Dade
12059016360
Biscayne Chemical
.360 'Mi
NORTHEAST
13
LRST
1215 Nw 7th Ave
Miami, M 33136-2327
County: Dade
12039000369
Biscayne Chemical Laboratories
.360 Mi
NORTHEAST
13
NFRAP
1215 Nw 7th Ave
Miami, FL 33136-2327
County: Dade
12059016655
Veterans Administration Medical Center
.399 Hi
NORTHWEST
14
LRST
1201 Nw 16th St
Miami, FL 33125-1624
County: Dade
12059016669
Dade Cnty Jackson 'Memorial Hospital En
.406 Hi
NORTHWEST
16
LRST
1611 Nw 12th Ave
Miami, FL 33136-1005
County: Dade
12059015359
F1 Dept Of Transportation
.408 Hi
NORTHEAST
15
LRST
701 Nw 14th St
Miami, FL 33136-231M
County: Dade
97- 817
�ummary of Plottable sites
UIS Report
N171380A
Jun. 9, 1997
FACILITY
ERIIS ID.
ADDRESS
DISTANCE
DIRECTION
DATABASE
COMMENTS
FROM SITE
FROM SITS
MAP ID
12059015612
Las Americas Marine
.426 Mi
SOUTHEAST
17
LRST
501 Nw South River Dr
Miami, FL -33136-3717
County: Dade
12059017171
Phillips 66-alvarez
.432 Mi
NORTHWEST
18
LRST
1428 Nw 14th Ave
Miami, FL 33125-1617
County: Dade
12059016442
American Red Cross
.456 Mi
NORTHEAST
20
LRST
1.675 Nw 9th Ave
Miami, FL 33136-1409
County: Dade
12018001726
American Red Cross
.456 M1
NORTHEAST
20
S1
1675 Nw 9th Ave
Miami, FL 33136-1409
County: Dade
12059015518
Dade Cnty-easier Seal Society .456 Mi
NORTHWEST
19
LRST
1475 Nw 14th Ave
Miami, FL 33125-1616
...
County: Dade
12059015662
Perfect Oil -
.471 Mi
NORTHEAST
22
LRST
1501 Nw 7th Ave
--
Miami, FL 33136-1413
County: Dade
1205901566.0
Key Power Annex
.473 Mi
SOUTHEAST
21
LRST
650 Nw 8th St
Miami, FL 33136-3230
County: Dade
12059016376
Dade Cnty School Bd-washington Jhs .482 Mi
NORTHEAST
23
LRST
1200 Nw 6th Ave
Miami, FL 33136-2409
County: Dade
97- 817
. �nanaary of Unplottable sites
.II3 Report Y171380A Jun 9, 1997
FACILITY
ERIIS ID.
ADDRESS
SELECTED
DATABASE
COMMENTS
BY
12021004745
Florida Aviation
ZIP code
SPILLS
M.i.a.
Miami, FL 33125
County: Dade
12021001202
Lorequin Marine, Inc.
ZIP code
SPILLS
2601-03 Na 16th Street Rd
Miami, FL 33125-1204
County: Dade
97- 817
ERIIS LIST OF SOS IN THE RADIUS •
.RIIS Report #171380A Jun 9, 1997
STREET HAHN
NW LOTH ST
SW LOTH AVE
NW 11TH STREET ROAD
NW 11TH ST
SW 11TH AVE
NW 12TH ST
SW 12TH AVE
NW 13TH CT
SW 13TH AVE
NW 14TH AVE
SW 14TH AVE
NW 15TH STREET ROAD
NW l TH AVE
SW 15TH AVE
16TH ST
NW 16TH AVE
SW 16TH AVE
NW 17TH AV RAMP
NW 17TH CT
NW 18TH PL
NW 19TH STREET CIR
NW 19TH AVE
NW 1ST ST
SW 1ST ST
NW 20TH AVE
NW 21ST TER
-___-- NW 22ND ST
NW 23RD ST
NK 2ND ST
SW 2ND ST
NW 3RD ST
SW 3RD ST
NW 4TH AVE CIR N
NW 4TH ST
NW 5TH ST
SW 5TH AVE
NW 6TH ST
SW 6TH AVE
NW 7TH STREET ROAD
NW 7TH ST
SW 7TH AVE
NW 8TH STREET ROAD
NW 8TH ST
SW 8TH AVE
NW 9TH ST
SW 9TH AVE
SOB HOPE ROAD
SW FLAGLER TER
W FLAGLER ST
HIGHLAND ROAD
I 395
I 95
NW NORTH RIVER DR
S RIVER DR
NW SOUTH RIVER DR
SPRING GARDEN ROAD
SUNNYSROOK ROAD
E WEST EXWY RAMP
E WEST'EXWY
97- 817
E
SEARCH RESULTS
ERIIS HISTORICAL MAP COLLECTION
PERTAINING TO: MUNICIPAL BUILDING
1155 N.W. it STREET
MIAMI, FL 33125
REPORT NUMBER: 171380A
Preliminary research of the ERIIS Historic Map Collection indicates that
historic map coverage may be available for this site. If more detailed
research shown that coverage is not, in fact, available, you will be
sent a version of this page indicating "No Coverage Available". If
historic maps are found, you will receive them according to the terms of
of your ERIIS service and delivery agreement.
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
• Rancher
• William G. Baist
Note: Electronic delivery may not be available for some historic maps.
If you requested electronic delivery of maps for a site where this
service is not available, paper copies of all maps for your subject
property will be sent via overnight carrier to arrive within your
delivery time at no additional charge.
Copyright (c) 1997 by Environmental Risk Information a Imaging Services.
305 Huntmar Park Dr. - Ste 200, Herndon, VA 20170, Ph. (703) 834-0600, �,y
1-800-989-0403, FAX: (703) 834-0606. /
It
EXHIBIT V
9'7 - 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
:s
•
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EXHIBIT VI
97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
;s
EXHIBIT VII
97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
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EXHIBIT IX
9 - 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
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( ESTIMATED)
NOTES
r Q
I. CONTOUR INTERVAL 0.5 FOOT.
(Except as indicated)
2. DATUM IS MEAN SEA LEVEL.
NOTE, PREPARED FROM U.S.G.S.
SURVEY DATA
METROPOLITAN
DADE COUNTY
APPROVED,
REVISED
2/19/75
DESIGN STANDARDS
AVERA %E9 817
wce
PUBLIC WORKS
4/5/72
GROUND -WATER LEVEL
2.5
4/14/77
DEPARTMENT
1960 -75
:._—
SHEET lOF 1
A.
EEC
Evans Environmental & Geological Science and Management, Inc.
LIMITED ASBESTOS SURVEY
of the
CITY OF MIAMI MUNICIPAL COMPLEX
Main Building, Jail, Park & Operations Building, Storage Building
located at
1155 N.W.11th Street
Miami, Florida
EE&G Project #: 98E0125
Prepared by:
Evans Environmental and Geological
Science Management, Inc. (EE&G).
99 SE Sth 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 24, 1997
97- 817
I9� Printed on t00 % Recycled Paper
a'
EE&G Science and Management, Inc.
Limited Asbestos Survey
City of Miami Municipal Complex
INTRODUCTION
A limited asbestos survey of the City of Miami Municipal Complex (Main Building, Jail, Parks &
Operations Building, and Storage Building) was conducted on June 11 and June 17, 1997 by
AHERA Certified Inspectors Steven T. Ryan and J. Ted Couillard of Evans Environmental and
Geological Science and Management, Inc.(EE&G). The purpose of the survey was to determine
,y.
_the presence and.extent of asbestos -containing materials (ACM) in the building as part of a due
diligence inspection.
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- 817
a:
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 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
(TransiteTM)
2
97- 817
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
INSPECTION RESULTS
' `BST S� ON I�VI WATERIALS Asbestos was detected or found in amounts greater than
one percent in the following materials:
Description: 9" Tan VFT with black mastic
Sample #(s): 97061IS R004
Location: Park and Ops. Bldg. - west offices/storage
% Asbestost 2-5% chrysotile
-Quantity: Approximately 1,000 ft2
Friability: Nonfriable
Condition: Good
Description:
9" Grey VFT with black mastic
Sample #(s):
970611 SR007
Location:
Park and Ops. Bldg. - east equipment storage
% Asbestos:
2-5% chrysotile .
Quantity:
Approximately 200 ft2
Friability:
Nonfriable
Condition:
Good
Description:
Pipe TSI - black foam glass with mastic
Sample #(s):
970611 SR020
Location:
Jail -generator room
% Asbestos:
10-15% chrysotile
Quantity:
Approximately 60 linear feet
Friability:
Friable
Condition:
Good
Description:
12" Pink VFT with black mastic
Sample #(s):
970611 SR023
Location:
Main Bldg. - west offices, south wing
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 500 ft2
Friability:
Nonfriable
Condition:
Good
Description: 9" Dark brown VFT with black mastic
Sample #(s): 970611 SR024
Location: Main Bldg. - N.W. and W. offices, S.E. wing
%Asbestos: 2-5% chrysotile
Quantity: Approximately 1,500 ft2
Friability: Nonfriable
Condition: Good
3
97- 817
a*
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
1A"SBESxid$"CON?i IMATERIALf;ONTD�t
Description: 12" White with black VFT with black mastic
Sample #(s): 970611 SR026
Location: Main Bldg. - N.E. Wing
% Asbestos: 2-5% chrysotile (in mastic only)
Quantity: Approximately 1,000 ft2
Friability: Nonfriable
Condition:-.-,'' Good
Description:
12" Green VFT with black mastic
Sample #(s):
970611SR027
Location:
Main Bldg. - S.E. Wing
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 500 ft2
Friability:
Nonfriable
Condition:
Good
Description:
9" Grey VFT with black mastic
Sample #(sy:
970611 SR028
Location:
Main Bldg. - N.W. and S.W. offices
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 1,000 ft2 .
Friability:
Nonfriable .
Condition:
Good.
Description:
9" Light brown VFT with black mastic
Sample #(s).
970611SR029
Location:
Main Bldg. - N.W. office area
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 1,00.0 ft2
Friability:
Nonfriable
Condition:
Good
Description: ...
9" Black VFT with black mastic
Sample #(s):
970611 SR030
Location:
Main Bldg. - N.E. And N.W. wing (2nd floor)
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 1,500-ft2
Friability:
Nonfriable
Condition:
Good
Description: 12" Off-white VFT with black mastic
Sample #(s); 970611 SR031
Location: Main Bldg. - S.E. wing (1 st floor)
% Asbestos: 2-5% chrysotile (in mastic only)
Quantity: Approximately 100 ft2
Friability: Nonfriable
Condition: Good
4
97- 817
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
`SUP S II ,1N
�G MM!E% LS$(PONTU
Description:
12" Tan VFT with black mastic
Sample #(s):
970611 SR032
Location:
Main Bldg. - S.E. wing (1st floor)
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 100 ft2
Friability:
Nonfriable
Condition: "
Good
Description:
12" White with black and grey streaks VFT with black mastic
Sample #(s):
970611 SR043
_
Location:
Main Bldg. - N.W. wing
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 250 ft2
Friability:
Nonfriable
Condition:
Good
Description:
Black HVAC duct seam mastic
Sample #(s):
970611 SR044
Location:
Main Bldg. - main corridors
% Asbestos:
2-5% chrysotile
Quantity:
Approximately 750 linear feet
Friability:
Nonfriable
Condition:
Good
lQ�ySII�S'�QS1;lNINGMA"TERI"ALS: Asbestos was not detected or was found in
amounts less than or equal to one percent in the following materials:
Description: 12" Simulated wood VFT
Sample #(s): 970611 SR001
Location: Park and Ops. Bldg. - S.W. employee lounge
Description: 12" Grey VFT with squares
Sample #(s): 970611 SR002
Location: Park and Ops. Bldg. - S.W. employee lounge
Description:
12" Green VFT
Sample #(s):
970611SR003
Location:
Park and Ops. Bldg. - S.W. employee lounge
Description:
12" White VFT
Sample #(s):
970611 SR005
Location:
Park and Ops. Bldg. - N. office, reception, kitchen
5 9'7- 817
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
NONA—T!S ESQ A . _ NING MATER AL S (CONT DaR
Description: 12" Light olive VFT
Sample #(s): 970611SR006
Location: Park and Ops. Bldg. - E. office, common area
Description: 12" White ceiling the (pegboard)
Sample #(s): 970611 SR008
Location: Park and Ops. Bldg. - W. storage area
Description: 2' x 4' White ceiling the (dot/furrow pattern)
Sample #(s): 970611 SR009
Location: Park and Ops. Bldg. - W. office, storage area
Description: 2' x 4' White ceiling tile (dot/wide furrow pattern)
Sample #(s): 970611 SR010
Location: Park and Ops. Bldg. - E. office
Description: 12" White ceiling tile
Sample #(s): - 970611 SR011
Location: Park and Ops. Bldg. - S.W. employee lounge
Description: 2' x 4' White ceiling the (dot/short furrow pattern)
Sample #(s): 970611 SR012
Location: Park and Ops. Bldg. - N. office, reception, common area
Description: Interior wall plaster
Sample #(s): 970611 SR013
Location: Park and Ops. Bldg. - Interior walls
Description: 12" Tan VFT over VFT
Sample #(s): 970611 SR014
Location: Jail - Bathroom
Description: _ . 12" Off white VFT over VFT
Sample #(s): 970611 SR015
Location: Jail - Health appraisal office
Description:
12" White VFT over VFT
Sample #(s):
970611 SR016
Location:
Jail- Laundry room
Description:
12" Brown VFT
Sample #(s):
970611 SR017
Location:
Jail - Floor 1 lobby
6 9'7- 817
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
NONASBESTOS=CQNAINING MATERIAS(COfVq TDjs
Description:
2' x 4' White ceiling tile (dot/long furrow pattern)
Sample #(s):
970611SR018
Location:
Jail - Laundry room
Description:
Pipe TSI - cloth wrap
Sample #(s):
970611 SR019
Location: -*72
Jail - mop closet
Description: White HVAC duct seam mastic
Sample #(s): 970611 SR021
Location: Jail - Main corridor
Description:
Black HVAC duct seam mastic
Sample #(s):
970611 SR022
Location:
Jail - Main corridor
Description:
12" White with brown streaks VFT
Sample #(s):
.970611 SR025
Location:
Main Bldg. - N.E. and N.W. wing, S.W. area
Description: 12" White ceiling tile
Sample #(s): 970611 SR033
Location: Main Bldg. - above suspended ceiling
Description: 2' x 4' White ceiling tile (dot/squiggle pattern)
Sample #(s): 970611 SR034.
Location: Main Bldg. - N.E. wing adjacent to stairs
Description: 12" White ceiling the
Sample #(s): 970611 SR035
Location: Main Bldg. - W. office area
Description:' 2' x 4' White ceiling tile (dot/long furrow pattern)
Sample #(s): 970611 SR036
Location: Main Bldg. - main corridors
Description: 2' x 4' White ceiling tile (dot/wavy furrow pattern)
Sample #(s): 970611 SR037
Location: Main Bldg. - S.E. wing
Description: 12" ceiling tile adhesive
Sample #(s): 970611 SR038
Location: Main Bldg. - N.E. wing (2nd floor) offices
Description: Drywall system
Sample #(s): 970611 SR039
Location: Main Bldg. - interior partition walls
97- 817
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
ON .BE.-TOS=CQN, jTAINING MN TER 'Ia►LSf(CONTj'p
Description: Wall plaster
Sample #(s): ...-.970611SR040
Location: Main Bldg. - interior walls
Description: Ceiling plaster
Sample #(s): 970611SR041
Location: -"'' Main Bldg. - interior ceilings .
Description: White HVAC duct insulation
Sample #(s): _ 970611 SR642
Location: Main Bldg. - 2nd floor roof access room
Description:
Sample #(s):
Location_:
Description:
Sample#(s):
Location:
Description:
Sample #(s):
Location:
Description:
Sample #(s):
Location:
INSPECTION NOTES
4" Pipe wrap
970611 SR045
Main Bldg. - AHU room
Pipe TSI foam glass with wrap and mastic
910611 SR046
Main Bldg. - AHU room.
Pipe TSI - elbow
970611SR047
Main Bldg. - W. office area
12" White ceiling the (pegboard)
970617JTC001-003
Storage Building - ceiling/walls
Some areas in the facilities were unable to be inspected due to limited access. The samples that
were taken are assumed to be representative throughout the entire area.
No fireproofing was discovered in any of the facilities during these inspections.
RECOMMENDATIONS
According to the limited asbestos inspection of the City of Miami Municipal Complex facilities
located at 1155 N.W. 11th Street, Miami, Florida, the black mastic associated with the 9" tan VFT
and the 9" grey VFT located in the Park and Ops. Bldg. west offices/storage area and the east
equipment storage area respectively was determined to be ACM and in good condition. The black
foam glass pipe TSI with mastic located in the Jail - generator room was also determined to, be
ACM in good condition. Finally, the black mastic associated with several styles of vinyl -flooring the
and the tiles themselves as well as the black HVAC duct seam mastic located in the main Municipal
Complex were determined to be ACM in good to generally good condition.
s 97— 817
a'
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 1997
e ..
sr4pio'nhocatlon
`
Approx. ;Quara4�ty
Condltiarti'Fria:�lity<`
9" tan VFT w/black
Park and Ops. Bldg:
1,000 ft2
Good/Nonfriable
mastic
west offices/storage
9" grey VFT w/black
Park and Ops. Bldg:
200 ft2
Good/Nonfriable
mastic
east equip. storage
Black foam glass.-
Jail:
60 linear feet
Generally good/
pipe TSI w/masfic
generator room
Nonfriable
12" pink VFT w/black
Main Bldg:
500 ft2
Good/Nonfriable
mastic
w. office/S.E. wing
9" dark brown VFT
Main Bldg:
1,500 ft2
Good/Nonfriable
w/black mastic
N.W. and W.
Office/S.E. wing
Mastic under 12"
Main Bldg:
1,000 ft2
Good/Nonfriable
white w/black VFT
N.E. wing
12" green VFT
Main Bldg:
500 ft2
Good/Nonfriable
w/black mastic
S.E. wing
9" grey VFT w/black
Main Bldg:
1,000 ft2
Good/Nonfriable
mastic
N.W./S.W. offices
9" light brown VFT
Main Bldg:
1,000 ft2
Good/Nonfriable
w/black mastic
N.W. offices
9" black VFT w/black
Main Bldg:
1,500 ft2
Good/Nonfriable
mastic
N.E./N.W. wing (f12)
Mastic under 12" off-
. Main Bldg:
100 ft2
Good/Nonfriable
white VFT
S.E. wing (fl 1)
12" tan VFT w/black
Main Bldg:
100 ft2
Good/Nonfriable
mastic
S.E. wing (fl 1)
12" white w/black
Main Bldg:
250 ft2
Good/Nonfriable
and grey streaks
N.W. wing
VFT w/black mastic
Black HVAC duct
Main Bldg:
700 linear feet
Generally good/
seam mastic
main corridor
Nonfriable
No ACM was detected from the samples taken in the Storage Building.
9
97- 817
a'
EE&G: Limited Asbestos Survey City of Miami Municipal Complex: June 24, 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 less than 1 % or 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 City of Miami Municipal Complex facilities management in
conjunction with the Maintenance Staff.
If you have any questions or comments, please do not hesitate to contact us directly.
bm' ed y: Reviewe b
Steven T. yan Richard Grupenhoff
Project Manager = Asbestos Operations Manager
Reviewed by:
Daniel J.' CottrJPh.D., P.G.
Asbestos Proj4cts Director
Asbestos License #DD0000010
10
97- 817
a'
EE&G
Evans Environmental & Geological Science and Management, Inc.
REPORT
SENT AB2MT
TO: .9400 S.DADELAND BLVD, STE 370
MIAMT, FL 33156
DAVE GOODEN
670-1011
Thank you for your business.
Tune 19, 1997 09:02
PREPARED EE&G, Inc.
BY: 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
#Of Samples
Work Order#
EE&G Project#
Project
Analyzed By:
BULK
Date in
June 16, 1997
13 -
Date out
June 19, 1997
Collected by
: S.RYAN
Delivery by
: S.RYAN
M706045
Received by
: PML
98EO125
CITY MIAMI MUNICIPAL COMPLEX
Cassandra J. Candelaria Lau V. Varela
Connie L. Wolfe Patricia M. Lopez
Jianxin Yu QA/QC Officer
1
E SUN 2 0 i"4' .j
f��`;/n.0 ..F,CER
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 questior
unless the samples are taken by EE&G's certified inspectors.
June 19, 1997 09:02 EE&G Page 1
LABORATORY BULK SAMPLE ANALYSIS REPORT
CLIENT : AB2MT
PROJECT CITY MIAMI MUNICIPAL COMPLEX Samples were analyzed in accordance wi the Interim
Method as described in 40 CFR, Part 763� Vol., 52, No. 210
..
WORK ORDER NUMBER: M706045 =.
PERCENT ASBESTOS FIBERS %NON-ASB
.,,., AMAnvcrvrartnnt LOCATION ;SAMPLE NUMBER 1 . I CtY AMOS CROG TREM ANTH OTHER FIBERS
OIA
PML
12" SIMULAMIJ wUUli vri
02A
PML
12" GREY VFT WITH SQUARES
03A PML
s Comments:
12" GREEN VFT
04A PML
• Comments:
9" TAN VFT
05A
PLM
12" WHITE VFT
06A
PML
12" LIGHT OLIVE VFT
07A PML
s Comments:
9" GREY VFT
08A
PML
12" WHITE CT -PEGBOARD
09A PML 2X4 WHITE CT-DOT/FURROW
cw PmPT nv-FE i.NGE
SW hMFLUTZr. LINUD
7iwi.�nwi
-
SW EMPLOYEE LNGE
970611SR003
NO ASBESTOS DETECTED
< 1 % ASBESTOS' IN MASTIC
W OFFICES/STORGE
970611SR004
2-5
2-5% ASBESTOS W MASTIC
N OFF/RECP/KTCHN
970611SR005
NO ASBESTOS DETECTED
E OFF/COMMON
970611SR006
NO ASBESTOS DETECTED
E EQUIP STORAGE
970611 SR007
2-5
2-5 % ASBESTOS IN MASTIC
W STORAGE AREA
970611SR008
NO ASBESTOS DETECTED
W OFFICE&STORAGE 970611SR009
NO ASBESTOS DETECTED
10A
PML
2X4 WHITE CT-DOT/WIDE FURR
E OFFICE
970611SROIO
NO ASBESTOS DETECTED
11A
PML
12" WHITE CT
SW EMPLOYEE LNGE
970611SROII
NO ASBESTOS DETECTED
12A
PML
2X4 WHITE CT-DOT/SHORT FRW
N OFF/RECP/COMMN
970611SR012
NO ASBESTOS DETECTED
Report Continued on Next Page
r
2-5
2-5
2-5
2-5
2-5
5-10
f2.20
7-15
7-15
7-15
June 19., 1997 09:02 Page 2
CLIENT : AB2MT LABORATORY BULK SAMPLE ANALYSIS REPORT CONTINUED
PROJECT CITY MIAMI MUNICIPAL COMPLEX.
WORK ORDER NUMBER: M706045
PERCENT ASBESTOS FIBERS %NON-ASB
IDA ANA DESCRIPTION LOCATION SAMPLE NUMBER I GHRY AMOS CROC TREM ANTH OTHER FIBERS
13A PML. WALL PLASTER INTERIOR WALLS 970611SR013 NO ASBESTOS DETECTED 2-5
Analytical results pertain only to the sample(s) analyzed.
Quality Control Officer
i
C
�o
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; 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 — Mineral wool; ORG — Orange; PAI — Paint; PAP — Paper; PL — Plaster; PLAS - Plastic; PWDR — Powder; RCF —Refractory ceramic fiber; RUB —Rubber,
SIL—Silver; SR—Sheetrock; SUB —Substance; S—Synthetic; TEXT —Textured; TR—Trace; TRAN—Transite; TREM—Tremolite; VERM-Vermiculite; VYL—Vinyl; W—Wollastonite; WH—White; YEL-YelloA
EE&G •
Evans Environmental & Geological Science and Management, Inc.
Oune 15, 1997 22:15
REPORT
SENT AB2MT
TO: 9400 S. D.ADELAND BLVD, STE 370
MIAMI, FL 33156
DAVE GOODEN
670-1011
Thank you f . your business.
Analysis:
Sample Type
#Of Samples
PREPARED EE&G, Inc.
BY: Asbestos Department
99 SE 5th Street
Fourth Floor
Miami, FL 33131
NVLAP Code 101775
(305) 374-8300
Polarized Light Microscopy, Dispersion Staining, in accordance with the Interim
Method as described in 40 CFR, Part 763, Volume 52, Number 210.
BULK
9
Date in : June 13, 1997
Date out : June 15, 1997
Collected by
Work Order# : M706036 Received by
EE&G Project# : 98EO125
Project : CITY OF MIAMI MUNIC. COMPLEX
Analyzed By:
Cassandra J. Candelaria
Laura V. Varela
: STEVE RYAN
: STEVE RYAN
: PL
Connie L. Wol a Patricia M. Lopez
Jianxin Yu QA/QC Officer
p 6 1 -, ;
Due to the small size of asbestos fibers associated with vinyl floor tiles EE& 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.
97- 817
June 15, 1997 22:15 EE&G Page 1
LABORATORY BULK SAMPLE ANALYSIS REPORT
CLIENT : AB2MT Samples were analyzed in accordance , iU the Interim
PROJECT : CITY OF MIAMI MUNIC.COMPLEX :Method as described in 40 CFR, Part 763, Vol. 52, No. 210
WORK ORDER NUMBER: M706036
PERCENT ASBESTOS FIBERS %NON -AS]
ID# ANA DESCRIPTION LOCATION SAMPLE NUMBER I CHRY AMOS CROC TREM ANTH OTHER I FIBERS
OIA CLW 12' TAN VFT OVER VFT BATHROOM 970611SR014 < 1 2-5
Layer 1: TAN GRANULAR -NO ASBESTOS DETECTED
Layer 2: BEIGE GRANULAR- < 1 % CHRYSOTILE
02A
CLW
12' OFF WHITE VFT OVER VFT HEALTH APPRAISAL ,
970611SR015
NO ASBESTOS DETECTED
2-5
03A
CLW
12' WHITE VFT/12' GREY VFT LAUNDRY
Layer 1: WHITE GRANULAR- < I % CHRYSOTILE
Layer 2: GREY GRANULAR -NO ASBESTOS DETECTED
970611SR016
<1
2-5
04A
CLW
12' BROWN VFT FLOOR 1-LOBBY
970611SR017
NO ASBESTOS DETECTED
2-5
05A
CLW
2'X4'WHITE CT(DOT&LONG FW) LAUNDRY
970611SR018
NO ASBESTOS DETECTED
70-80
06A
CLW
PIPE TSI CLOTH WRAP WRAP CLOSET
970611SR019
NO ASBESTOS DETECTED
85-90
07A
CLW
PIPE TSI-BL.FOAM GLASS MAS GENERATOR RM
970611SR020
10-15
2-5
08A
CLW
WHITE HVAC MASTIC MAIN CORRIDOR
970611SR021
NO ASBESTOS DETECTED
80-90
—685-95
09A
CLW
BLACK HVAC MASTIC MAIN CORRIDOR
970611SR022
NO ASBESTOS DETECTED
C�
Analytical results pertain only to the sample(s) analyzed.
Quality Control Officer
ABBREVIATIONS: ANA-Analyst; ASB-Asbestos; CHRY-Chrysotile; AMOS-Amosite; CROC=Crocidolite; TERM-Term/Act; ANTH-Anthophylite; ACT-Actinolite; AL -Aluminum; ANTH-Anthophylit(
BLK-Black; BACK -Backing; BL-Blue; BRN-Brown; C-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-Mineral wool; ORG-Orange; PAI-Paint; PAP -Paper, PL-Plaster; PLAS-Plastic; PWDR-Powder; RCF- Refractoryceramicfiber; RUB -Rubber;
SIL-Silver; SR -Sheet rock; SUB -Substance; S-Synthetic; TEXT -Textured; TR-Trace; TRAN-Transite; TREM-Tremolite; VERM-Vermiculite; VYL-Vinyl; W-Wollastonite; WH-White; YEL-Yello%
.
EE&G Is
Evans Environmental & Geological Science and Management, Inc.
REPORT
SENT AB2MT
TO: 9400 S DADELAND BLVD, STE 370
ML&MI, FL 33156
DAVE GOODEN
670-1011
Thank you_ fo , your business.
Aune 24, 1997 11:24
PREPARED EE&G, Inc.
BY: 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 46 CFR, Part 763, Volume 52, Number 210.
Sample Type
BULK
Date in
June 16, 1997
#Of Samplcs
25
Date out
June 24, 1997
Collected by
S.RYAN
Delivery by
S.RYAN
Work Order#
: M706046
Received by
PML
EE&G Project#
: 98EO125
Project
: CITY MIAMI MUNICIPAL COMPLEX
Analyzed By:
Cassandra J. Candelaria
Connie L. Wolfe
Laluira V. Varela
T g 40-z�
atr'cia M. Lopez
vayocz'-
iYu mac• . ,t _. .____._..�. _
4 JUN
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. 817
.. � 1
June 24, 1997 11:24 EE&G Page
LABORATORY BULK SAMPLE ANALYSIS REPORT
CLIENT : AB2MT Samples were analyzed in accordance with the Interim
PROJECT : CITY MIAMI MUNICIPAL COMPLEX Method as described in 40 CFR, Part 763, Vol. 52, No. 210
WORK ORDER NUMBER: M706046 .
PERCENT ASBESTOS FIBERS %NON-ASB
SAMPLE NUMBER CHRY AMOS CROC TREM ANTH OTHER ( FIBERS
I)Y ANA DESCRIPTION LOCATION I
OIA CIC 12" PINK VFT W OFFICE/SE WING 9806011SR023 2 5
Layer 1: TOP BEIGE VFT- NO ASBESTOS DETECTED
Layer 2: BOTTOM BEIGE VFT- 2-5 %
9 CHRYSOTII.E IN BLACK MASTIC
s Comments:
02A ClC
9" DARK BROWN VFT
NW&W OFF/SE WING
9806011SR024
2-5
2-5 % CHRYSOTILE IN BLACK MASTIC
2-5
• Comments:
PML
12-WHT W/ BRN STREAKS VFT
NE/NW WING/SW AR
9806011SR025
NO ASBESTOS DETECTED
2-5
63A
CIC
12" WHITE W/ BLACK VFT
NE WING
9806011SR026
NO ASBESTOS DETECTED
2-5
04A
2-5% CHRYSOTILE IN BLACK MASTIC
• Comments:
OSA CIC
12" GREEN VFT
SE WING
9806011SR027 _
2-5
2-5
Layer 1: BEIGE VFT- 2-5% CHRYSOTILE
Layer 2: GREY VFT- NO ASBESTOS DETECTED
2-5% CHRYSOTILE IN BLACK MASTIC
Comments:
06A PML
9" GREY VFT
NW/SW OFFICES
9806011SR028
2-5
2-5
2-590 ASBESTOS IN MASTIC
• Comments:
07A CJC
9' LIGHT BROWN VFT
NW OFFICE AREAS
9806011SR029
2-5
2-5
2-596 ASBESTOS IN MASTIC
• Comments:
08A CJC
9" BLACK VFT
NE&NW WING-FL2
9806011SR030
2-5
2 5
Report Continued on Next Page
June 24, 1997 11:24 Page 2
CLIENT : AB2MT LABORATORY BULK SAMPLE ANALYSIS REPORT CONTINUED
PROJECT : CITY MIAMI MUNICIPAL COMPLEX
WORK ORDER NUMBER: M706046
PERCENT ASBESTOS FIBERS %NON -AS]
ID# ANA DESCRIPTION LOCATION SAMPLE NUMBER ( CHRY AMOS CROC TREM ANTH OTHER FIBERS
09A PML 12' OFF-WHITE VFT SE WING- FLI 9806011SR031 NO ASBESTOS DETECTED 2-5
• Comments: 2-5 % ASBESTOS IN MASTIC
10A CJC
• Comments:
12' TAN VFT
SE WING- FLI
' ' 9806011SR032
" 2-5
2-5% ASBESTOS IN MASTIC
102-5
11A
CJC
12' WHITE CT -PEGBOARD
ABV SUSP CEILING
• 9806011SR033
NO ASBESTOS DETECTED
85-90
12A
PML
2X4 WHITE CT-DOT/SQUIGGLE
NE WING-ADJ STRS
9806011SR034
NO ASBESTOS DETECTED
5-10
13A
CJC
12' WHITE CT
W OFFICE AREA
9806011SR035
NO ASBESTOS DETECTED
70-80
14A
CJC
2X4 WHITE CT-DOT/LONG FRRW
MAIN CORRIDORS
9806011SR036
NO ASBESTOS DETECTED
2-5
15A
PML
2X4 WHITE CT-DOT/1VAVY FRRW
SE WING
9806011SR037
NO ASBESTOS DETECTED
4-10
16A
CJC
12' CT -GLUE
NE WING -FL 2 OFF
9806011SR038
NO ASBESTOS DETECTED
2-5
17A
PML
DRYWALL SYSTEM
INT PART WALLS
9806011SR039
NO ASBESTOS DETECTED
2-5
18A
PML
INTERIOR WALL PLASTER
INTERIOR WALLS
9806011SR040
NO ASBESTOS DETECTED
4-10
19A
PML
CEILING PLASTER
INTERIOR CEILING
9806011SR041
NO ASBESTOS DETECTED
2-5
20A
PML
HVAC DUCT INSULATION
FL2-ROOF ACCESS
9806011SR042
NO ASBESTOS DETECTED
7-15
21A PML
• Comments:
12' WHT W/ BLK&GREY STREAK
NW WING
9806011SR043
2-5
. 2-5 % ASBESTOS IN MASTIC
7-15
22A
PML
BLACK HVAC DUCT MASTIC
MAIN CORRIDOR
9806011SR044
2-5
2-5
Report Continued on Next Page
I
June 24, 1997 11:24
Page 3
CLIENT : AB2MT LABORATORY BULK SAMPLE ANALYSIS REPORT CONTINUED
PROJECT : CITY MIAMI MUNICIPAL COMPLEX
WORK ORDER NUMBER: M706046
PERCENT ASBESTOS FIBERS
%NON-ASB
SAMPLE NUMBER
ID# ANA DESCRIPTION LOCATION
; GHRY AMOS CROC , TREM ANTH OTHER I FIBERS
•a .
23A PML 4" PIPE WRAP AHU ROOM 9806011SR045 NO ASBESTOS DETECTED 2-5
24A PML PIPE TSI FOAM & MASTIC
25A PML PIPE TSI- ELBOW
AHU ROOM
W. OFFICE AREA
9806011SR046
9806011SR047
NO ASBESTOS DETECTED
NO ASBESTOS DETECTED
4-10
Analytical results pertain only to the sample(s) analyzed. Quality Control Officer
ABBREVIATIONS: ANA-Analyst; ASB-Asbestos; CHRY-Chrysotile; AMOS-Amosite; CROC-Crocidolite; TERM-Term/Ad; ANTH-Anthophylite; ACT-.Actinolite; AL -Aluminum; ANTH-Anthophylite
BLK-Black; BACK -Backing; BL-Blue; BRN-Brown; C-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 - Mineral wool; ORG - Orange; PAI - Paint; PAP - Paper; PL - Plaster; PLAS - Plastic; PW DR - Powder; RCF - Refractory ceramic fiber; RUB -Rubber;
SIL-Silver; SR -Sheet rock; SUB -Substance; S-Synthetic; TEXT -Textured; TR-Trace; TRAN-Transite; TREM-Tremolite; VERM-Vermiculite; VYL-Vinyl; W-Wollastonite; WH-White; YEL-Yellow
s'
EE&G
Evans Environmental & Geological Science an anagement, Inc.
Oune 17, 1997 12:27
I:�
SENT AB2MT
TO: 9400 S DADELAND BLVD, STE 370
MIAMI,-FL 3�156 '-
DAVE GOODEN
670-1011
Thank you for your business.
PREPARED EE&G, Inc.
BY: Asbestos Department
99 SE 5th Street
Fourth Floor
Miami, FL 33131
NVLAP Code 101775
(305) 3744300
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 = =
Date in June 17, 1997
#Of Samples . : 3 _
Date out June 17, 1997
Collected by : L COULLIARD
Delivery by : J.COULLIARD
Work Order# : M706050
Received by : PML
EE&G Project# : 98EO125
Project. : CITY OF MIAMI MUNICIPAL CMPLX
Analyzed By:
Cassandra J. Candelaria
Laura V. Varela
7'I2
Connie L. Wolfe
Pa -cia M. Lopez
Ranxin Yu
QA/QC Officer
Q C ACC;, y
yPT1_.°`:r_.
JUN 1 7
i
t
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.
97- 817
June 17, 1997 12:27 EE&G
LABORATORY BULK SAMPLE. ANALYSIS REPORT
CLIENT : AB2MT
PROJECT : CITY OF MIAMI MUNICIPAL CMPLX
Page I
Samples were analyzed in accordance with the Interim
Method as described in 40 CFR, Part 763, Vol. 52, No. 210
WORK ORDER NUMBER: M706050 .
PERCENT ASBESTOS FIBERS %NON -ASP
ID# ANA DESCRIPTION LOCATION SAMPLE NUMBER I CHRY AMOS CROC TREM ANTH OTHER ( FIBERS
OIA PML 12" PEGBOARD CT CEILING&WALLS 970617JTC001 NO ASBESTOS DETECTED 5-20
OIB PML 12" PEGBOARD CT CEILING&WALLS 9706173TC002 NO ASBESTOS DETECTED 15-20 .
01C PML 12" PEGBOARD CT CEILING&WALLS 9706171TC003 NO ASBESTOS DETECTED 15-20
C,®
Analytical results pertain only to the sample(s) analyzed.
C
Quality Control Officer
0
GO
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; 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— Refractoryceramicfiber,, RUB —Rubber;
SIL—Silver; SR —Sheet rock; SUB —Substance; S—Synthetic; TEXT —Textured; TR—Trace; TRAN-Transite; TREM—Tremolite; VERM—Vermiculite; VYt—Vinyl; W—Wollastonite; WH—White; YEL—Yellov
EXHIBIT X
97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-iM
I
EXHIBIT XI
97- 817
AB2MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
:s
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A view of the Municipal Justice Building from the south
(note: the jail is located on the second story)
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A view of the vacant portion of the Municipal Justice Building from the south.
9 '7 - 817
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A view of the Municipal Justice Building from the southwest.
a .•, e- - r .. c � Y
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An on -site catch basin filled with dirt and debris.
9'7- 817
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A view of the asphalt paved parking lot located directly east of the jail.
A view of two (2) potential vent pipes observed near me jail's generator.
®7-' 817
� 1
EXHIBIT XII
9'7 - 817
A82MT CONSULTANTS, INC. • ENGINEERING • ENVIRONMENTAL • PLANNING • (305) 670-1011 • Fax (305) 670-1016
:Q
E
•
METROPOLITAN DADE COUNTY, FLORIDA
METROflADE
BERM
ENVIRONMENTAL RESOURCES MANAGEMENT
0 9 / 15 / 9 3 33 S.W. 2nd AVENUE
BEST MANAGEI1IT PRACTICES FOR MIAMI. FLORIDA 33130.1540
MECHANICAL 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 minimum 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.
9'7- 817
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 cl-eaning 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-- 817
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
under cover 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.
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
97- 817
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 SugRestion
TFie 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 such 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.
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- 817
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 W .
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.
1
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
-97- 817
R. M.
f A
d
{
- - - Best Management Practices
i►,i:.�..�1+. w;.• Saab
for
Golf Course Maintenance Departments
Florida Department
of
Environmental Protection
Agricultural Source and Water Well Management Section
May, 1995
P O 2
97- 817
06. 20. 97 02 : 34P' "DADE
COUNTY D. ® R• M. P O4
R
C Best Management Practices 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
and'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
C Management Practices", or BMPs, which can be put into practice through proper
design and operation of the golf course maintenance facilities and equipment.
Beat Management Practice E!dnciples
The general approach to best management practices for golf course maintenance
departments involves three principles :
■ Isolate all potential contaminants from soil and water, and,
■ i ; Do not discharge any material other than clean stormwater onto the ground or
into surface -water bodies.
■ Minimize irrigation, fertilizer, and pesticide use requirements through use of
Integrated Pest Management and native or naturalized vegetation wherever
practicable.
The 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
97— 817
06. 20. 97 02 : 34P,M, DADS COUNTY D, r_ 11k. M. P05
a
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 BIVlPs 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
yse 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 Boat MenaGonrit 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.
3
C.
97- 817
P O 9
liquid -tight sump where all of the spilled liquids can be recovered. For small spills,
C 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 CMCs where a permanent
facility is not practicable.
Figures 1 through 4 depict some actual CMCs used at golf courses in Florida.
- Designs for CMCs-are available from several sources including the Midwest Plan
Service, USDA-SCS, and WAS.
7'he first principle of CMC
management is that any
- material that collects on the
:..,; 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 used as a
pesticide or disposed of as a
waste, a roof with a substantial
overhang (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 Figure 4 Tanks are used to hold r1mi water until reuse.
sump to storage tanks, one for Note separate H, I, and r tanks. counmy of John. Island wac_
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
Mgmediately, 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
disposal as a (possibly hazardous) waste.
6
97` 817 �;
06. 20. 9'7 02 : 34P DADE cOVNTY D. R. M. 1=109
i
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-conteminarlon.
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 contalnem should be cleaned Immediately upon emptying. Containers
_should be- property 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 fails 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
contalners 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
Vtlashwater 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
T(e appropriate praotice 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
97- 817
06. 20. 97 02 : 34P "DADfi COUNTY_ D. 40R. M. P 2 0
Empty containers
Excess formulation
Excess mixture
Material used to contain or collect spills
_ ... or leaks
C-
Application a ment washwater
equipment P
2.9 Solvents and Degreasers
1.1 1
2.1. Storage
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.
Solvents and degreasers are generally flammable and toxic and should be stored In
lookable metal cabinets in an area away from ignition sources and with adequate-
N.
97- 817
. .. .... .. ..... .... .. ... �w oLe-7 1n
06. 20. 97 02 : 34PM '"DARE COUNTY D. a. M. P 1 1
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 -
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, even in small
artiounts. Routine discharge of even small amounts of solvents can result in the
accumulation ofcontaminants 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.
3.0 Fertilizers
3.1. Storage
Fertilizers should be stored separately from solvents, fuels, and pesttcAdes 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
E
C
9'7- 817
. .............T, n., .r_•."w v.0 7.. 7 1
0.6. 20. 97 02 : 34P7�4 >KDADE
coVNT-I D. tp n. 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
-.. - - frorp 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 ClinDinas
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
C. 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.
S.A, Uwd 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 oll.
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.
C 10
97- 817
06. 20. 97 02 DADS COVNT`I D. a. Imo• P 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 the nearest DEP
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 Figure 5 Fueling area. Note the continuous curb. caumv of
John'l Wand WeSL
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.
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. if 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
maybe 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
9'7 - 817
—_ .......... -..... -11 .. It S. DA('C A a
O 6. 2 0. 9 '7 02 : 34 P� - D A D E C O U N T Y D. R. M. P 1 4
C The water to be discharged must
always be checked for
- -- - 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 6 Fueling and general equipment wash
to a sewer system without written station. coumv of Couier's R.oserve.
permission from the utility. For more
Information on treatment options, contact the appropriate DEP District office.
-If the water -is not contaminated, it can be discharged to a stonmwater system,
retention area, or grassed swale. Do not discharge it during a rain event, since the
added flow may cause it to tun -off to a sensitive area.
C
- - 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
washwater 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. Coutuay of
Collier's xuerve.
12
97- 817
O 6. 2 0. 97 02 34 V
, D A D S C O LJ N T Y D.• R. M. P 1 5 «
quantities less than 500 gallons per day are generated, the DEP District office may
allow the wastewater 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:
s use of a washwater recycling system, or
s" discharge to a treatment system that has been permitted under DEP industrial
wastewater rules, or
a 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 -#hat 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.
._0i1/water-separators can be used, but must be managed properly to avoid problems.
Ff(st, do not wash equipment used to apply pesticides on pads using oil/water
separators, 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 EaulDment Storaue
Equipment used to apply pesticides and fertilizers should be stored in an area
protected 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.
13
C
S
97— 817
P 1 e
C9.0 Summary
Material or Activity to be Managed
Pesticide Mixing and Loading
Solvents from equipment washing
Soaps, other non -solvent materials used
to wash equipment, oils washed off of
vehicles
Fertilizer storage
Wj
Pesticide storage
Used oil, antifreeze
Gasoline, diesel fuel
R. M.
Best Management Practice
Chemical Mixing Center and proper
operation and maintenance. See
summary in section 1.4.
Separate solvent collection systems
such as solvent wash baths..
For less than '500 gallons per day -
Washwater areas that allow water to
seep into grassed retention areas or
swaies 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.
Covered fertilizer storage areas with
curbs or berms to prevent water from
entering. Secondary contalment should
be used even where not required.
Covered, locking concrete or steel
buildings with adequate ventilation and
metal shelving. no floor drains, and a
berm or sill to contain spills.
Collection and recycling.
Compliance with DEP regulations for
above -ground and below -ground tanks,
closing of stormwater drains in
immediate vicinity of fueling point.
14
97— 817
R. M. P 1 7
C O CJ N T Y D� • .
Additional Sources of Information
Agricultural Engineering Department; Institute of Food and Agricultural Sciences,
University of Florida, Gainesville, Florida, 3261'1. Phone: (904)-392-2468.
Audubon Society of New York State, Inc. 46 Rarick Road, Selkirk, NY 12158.
Phone: (518)-787-9051
Florida 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-
3060. 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 32005. Phone: (904)-338-9555.
United States Golf Association, P.O. Box 708, Far Hills, NJ 07931.
Phone: (908)-234-2300
Pubilcat9ons
Audubon CQooe eve Sanctuary Program for Goff Cours . Audubon:;Soclety of New
York State, Inc. 46 Rarick Road, Selkirk, NY 12158. Phone: (518)-7874051
Designing -Faci Uties f r Pesticide and Fertilr&r_ Containment MWPS-37. MldWest
Plan Service.
Disposal Options for Agricultural Wastes. DSP-2. IFAS Palm Beach County
Cooperative Extension Service.
15
c
C
4
9'7- 817
0S. 20. 9'7 02 : 3 4 P M DADE COUNTY D R. M. P 1 6
conference Proceedings from the National Svmnosium on Pesticide and Fertilizer
C Containment: Design and Management. MWPS-C1. Midwest Plan Service.
Conference Proceedings from the National SyMgosium on Pesticide and Fertiliser
Containment: Design and Management 2. MWPS-C2. MidWest Plan Service.
Minimum Construction and Operation Standards for Chemical Mixing Conters used
for es a Mix nd 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
Central (Orlando)
(407)-325-2290
C Southe - �t (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 grataude 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
Agriculture and Consumer Services.
16
9'7— 817
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C
n
EXHIBIT D
COVENANT
This Declaration of Restrictive Covenant In Lieu Of Unity of Title and Agreement
(the "Covenant") is made this day of 1997, by the City of Miami, a
municipal corporation of the State of Florida with offices at 3500 Pan American Drive,
Miami, Florida 33133, ( the "City") and Winn Dixie Stores, Inc., a Florida corporation,
with offices at 5050 Edgewood Court, Jacksonville, Florida 32254, (the "Winn Dixie").
RECITALS
WHEREAS, the City holds title to certain property in the City of Miami, Florida, as
legally described on Attachment "A' (the "Property"); and
WHEREAS, the City and Winn Dixie contemporaneously with the execution of this
Covenant have closed on a purchase and sale agreement whereby Winn Dixie has
purchased certain real estate from the City, situated adjacent to the Property and legally
described in Attachment "B" (the "Adjacent Parcel"); and
WHEREAS, the commercial development of the Adjacent Parcel will create jobs in
an economically distressed area of the City and generate tax revenue to the City and
therefore the City deems it in the best interest of the economic welfare of the City and its
residents to assist Winn Dixie in such endeavor; and
WHEREAS, pursuant to the provisions of section 3 of the Charter of the City of
Miami and the broad powers granted to municipalities in Florida as provided in Section
2(b), Art. VIII of the State Constitution and the Municipal Home Rule Powers Act, the City
has the power, right and authority to grant this Covenant.
NOW THEREFORE, the City and Winn Dixie agree as follows:
Section 1. Incorporation of Recitals. The recitals and findings
set forth in the preamble of this Covenant are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. ' Consideration. In consideration of the City's agreeing to
grant this Covenant, Winn Dixie agrees to construct and maintain on the Property, at
Winn Dixie's sole cost and expense, automobile parking spaces usable and accessible to the
general public doing business in the Civic Center area. Winn Dixie agrees to commence
and complete the construction of such parking on the Property at the same time that the
construction of the parking for the Adjacent Parcel is commenced and completed.
At all times during construction of the parking at the Property, Winn Dixie
shall cause its contractor to carry liability insurance in the amount of one million dollars
($1,000,000) per occurrence combined single limit for bodily injury and property damage in
order to protect the City from any liability in connection with such construction activities.
The City shall be named additional insured.
9'7 - 817
Thereafter, at all times so long as this Covenant is in force and effect, Winn
Dixie shall, at Winn Dixie's sole cost and expense,'maintain and repair the parking on the
Property in a safe, sanitary and good condition. Winn Dixie hereby acknowledges that it is
self insured for general liability and agrees to defend all claims brought against Winn Dixie
or the City due to Winn Dixie's failure to maintain and repair of the Property. If at any
time during the term of this Covenant, Winn Dixie is no longer self insured, Winn Dixie
shall maintain' liability insurance in the type and amount of coverage as shall be
reasonably approved by the City's Risk Management Department. The City shall be
named as additional insured on such policies.
Section 3. Zoning and Code Compliance. The City and Winn Dixie
agree that with respect to zoning and City Code compliance purposes, the Property and the
Adjacent Parcel shall be considered one parcel for purposes of all zoning requirements and
compliance thereof which will permit the Property to be included in the gross lot area
calculation, and the parking spaces located on the Property to be included, for the Adjacent
Parcel's parking requirements and permitted floor area ratio calculations. The City agrees
not to erect any building improvements on the Property which will interfere with the rights
granted to the Adjacent Parcel under this section.
Section 4. Use. The City covenants and agrees that the Property shall
be used solely as a parking lot available for use by the general public doing business in the
Civic Center area.
Section 5. Term of Covenant. The provisions of this Covenant
shall become effective upon recordation of this covenant in the public records of Dade
County, Florida. This Covenant and agreement shall run with the Property and the
Adjacent Parcel and shall_ be binding upon the City, Winn Dixie, any future owners,
mortgagees, their successors, heirs, or assignees and shall continue in effect until released
by Winn Dixie and the City which release shall be recorded in the public records of Dade
County, Florida. Upon any transfer of title to the adjacent parcel by Winn Dixie, Winn
Dixie shall have no liability for any matters arising after the date of the transfer, and the
transferee shall by acceptance of the conveyance thereafter have full responsibility and
liability hereunder..
Section 6. Access Easement. The parties hereby grant to each other
easements for unobstructed vehicular and pedestrian ingress to and egress from each
parcel as may be required for access to Northwest 11 Street. The access easements shall
be at such locations mutually acceptable to the parties. The parties shall have the right,
from time to time, to relocate said access easements subject to the new locations being
mutually acceptable to the parties.
Section 7. Amendments. The provisions of this Covenant may be
amended, modified or released by a written instrument executed by the then owners of the
Property and Adjacent Property and the City Manager of the City of Miami, provided same
is also approved by the City Attorney of the City of Miami. Should this instrument be so
amended, modified or released, the directors of the departments of public works, planning
and development, and .building and zoning of the City of Miami, or their respective
r -2-
97- 817
designees or successors, shall forthwith execute a written instrument effectuating and
acknowledging such amendment, modification or release.
Section 8. Enforcement. Enforcement .shall be by action against
the parties or persons violating or attempting to violate this Covenant. In the event of any
litigation between the City and Winn Dixie, the prevailing party in any action or suit
pertaining to or arising out of this Covenant shall be entitled to recover all expenses
allowed by law including reasonable attorneys fees and court costs.
Section 9. Severability. Invalidation of one of the provisions of
this Covenant by judgment of court shall not affect any of the other provisions of the
Covenant, which shall remain in full force and effect.
Section 10. Recordation. This Covenant shall be recorded in the
public records of Dade County, Florida, at the sole cost and expense of Winn Dixie.
Section 11. Remedies Cumulative. All rights, remedies and privileges
granted herein shall be deemed to be cumulative and the exercise of any one or more shall
neither be deemed to. constitute an election or remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or privileges as
may be available to it.
IN WITNESS WHEREOF, the City and Winn Dixie have caused this Declaration of
Restrictive Covenant In Lieu Of Unity Of Title and Agreement to be executed by its duly
authorized officers and the corporate seal to be affixed hereto, all on the day and year first
above -written.
ATTEST CITY, a municipal corporation of the
State of Florida
By:
Walter J. Foeman Frank Rollason
City Clerk Interim City Manager
The foregoing instrument was acknowledged before me this day of
, 1997, by of the City of Miami, a municipal
corporation of the State of Florida, on behalf of the corporation. He/she is personally
known to me or has produced as identification and who did
(did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
-3- 97-- 817
•
APPROVED AS TO FORM
AND CORRECTNESS:
A. QUINN JONES, III,
CITY ATTORNEY
WINN DIXIE
WINN DDUE STORES, INC., a Florida
corporation,
C
Print Name
STATE OF FLORIDA )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 1997, by of , on
behalf of the corporation. He/she is personally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
-4-
97- 817
ATTACHMENT A
Commence at the Southwest comer. of the NW % of the SE % of Section 35,
Township 53 South, Range 41 East, Dade County, Florida; thence run N 87030'50"E
along the South line of the NW % of the SE % of said Section 35 for a distance of
839.14 feet to the point of intersection with the Southerly prolongation of the West
line of the property conveyed to the Department of Water and Sewers of the City of
Miami by deed recorded in Deed Book 2146 at Page 499 of the Public Records of
Dade County, Florida; thence run N 03029'16' W along the Southerly prolongation of
the West line of said property conveyed to the Department of Water and Sewer of the
City of Miami for a distance of 70.00 feet to a point of intersection with the North line
of the South 70.00 feet of the NW % of the SE % of said Section 35; thence run S
87030'50" W along the North line of the South 70.00 feet of the NW % of the SE % of
said Section 35 for a distance of 372.35 feet to the Point of Beginning of the herein
described parcel; thence continue along the last described course for a distance of
265.90 feet to a point of curvature of a circular curve to the right; thence run Westerly
to Northwesterly along the arc of said circular curve to the right having a radius of
50.00 feet, through a central angle of 71 °53'37', for an arc distance of 62.74 feet to a
point of intersection with the Limited Access right-of-way line of State Road No." 836
as shown on the Right -of -Way Map recorded in Road Map Book 81 at Page 73 of the
Public Records of Dade County, Florida; thence run N 06'19'18'E along said Limited
Access right-of-way line for a distance of 194.65 feet; thence run N 881031'53" E for a
distance of 23.34 feet; thence run S 51 °28'07' E for a distance of 344.97 feet to the
Point of Beginning; containing approximately 38,207.642 s.f. (.877 acres).
Sheet 1 of 2
9%- 817
90'
.. r r^* .S N. W. _C!=w f 11 - J 1.
W.
•
•
N *TCH TO ACCOMPANY LEGAL DESC ....JN
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SCALE: I"• 100'
W;
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4 H
23.34'�
S8845V571
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A-30"29'42"
�- R - 220' T-59.97'
A- llt09'
N85' 52'23-W RAO.
O.R.B. 10725
P. 460
6, 569 AC.
(PORTION OF O.R.B. 2557 P. 694 )
ATTACHMENT B
559:3'9 W
y
cR/.l LINE --�
372.35'
S.W. CORNER NW 1/4, EAST
SE 1/4 SEC. 35-53-41.
EAST „ ,� _ 839.14'woo
_
SOUTH LINE OF NW 1/4 OF SE 1/4 OF SEC. 35-53-41.
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P.O.B.
NOTE: SHEET 2 FOR LEGAL DESCRIPTION
PREPARED 811
A. R. TWSSAINT & ASSOCIATES, INC,
LAND SURVEYORS -
620 N.E. 126 ST. NORTH MIA141, FL.
ORDER NO. 10586 DATE : SEPT. 28,1993
BY ; V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR 1683
STATE OF FLORIDA
ORDER NO. 10586
RHFFT I OF 2
9 7 — SS17
LEGAL DESCRIPTION OF PORTION OF 0.•. 2557 P. 694 WHICH
LIES SOUTH OF EAST -WEST EXPRESSWAY (S.R.836) RIGHT-OF-WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST -WEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT BOOK 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE NW 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST] THENCE RUN EASTWARDLY ALONG THE SOUTH LINE OF THE
NW-1/4 OF THE SE 1/4 OF SAID SECTION 35,. FOR A DISTANCE
OF 939.14 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY. PROLONGATION OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI, AS RECORDED INDEED BOOR 2146 AT PACE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDAI THENCE DE-
FLECTI N3 TO THB LEFT 91.00106" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OF THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SEWERS OF THE CITY OF MIAMI, FOR A DISTANCE
OF 70.01 FEET.TO THE POINT OF BEGINNING OF THE TRACT OF
LAND HEREINAFTER DESCRIBED, SAID POINT OF BEGINNING
BEING 70.00 FEET'NORTH OF THE SOUTH LINE OF THE.NW 1/4
OF THE S$ 1/4 OF SAID SECTION 35:
FROM SAID POINT OF BEGINNING, THENCE CONTINUE
NORTHWARbLY ALONG THE AFOREMENTIONED NEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A -DISTANCE OF 532.8 FEET, MORE
OR LESS,. TO THB'CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOK 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 470.
06'34"•RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS] THENCE CONTINUE
NORTHWESTWARDLY MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 484.7 FEET, MORE.OR LESS, TO A POINT OF CURVATURE,
SAID P03-NT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON -THE WEST LINE OF THE SE 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SE 1/4 .OF SAID SECTION 35; THENCE RUN SOUTH-
EASTWARDLY ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT, HAVINGA RADIUS OF.1096.28 FEET AND A CENTRAL ANGLE
OF 12030'00". FOR A DISTANCE OF 239.17 FEET TO A POINT -OF
TANGENCY] THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT•
TO THE AFOREMENTIONED CURVE, A DISTANCE OF.200.00 FEET TO ,
A POINT OF CURVATURES THENCE RUN SOUTIRIARDLY ALONG THE ,
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1196.28 FEET AND CENTRAL ANGLE OF 04052130" FOR A DISTANCE ,
OF 101.79 FEET TO A POINT; THENCE DEFLECTING TO THE LEFT
82022'30" FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINT; THENCE DEFLECTING TO THE RIGHT 40°00'00" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE DEFLECT-
ING TO THE LEFT 41001'03" RUN EASTWARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNING OF THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6,569 ACRES OF LAND, MORE OR LESS.
97- S17
ORDER NO. 10586 SHEET 2 OF 2
SENT BY:CITY OF MIAMI ;11-25-97 ;11:50AM ; MAYOR XAVIER SUAREZ- 545 5016;# 2/ 2
'O METROPOLITAN DADE'NTY, FLt7HIUA
9TEPMEN P. CLARK GENTER
orp!" or ocuN1Y MANAOdt
Mfg 9910
111 N.W. 1st STRUT
MLAM. FLORIDA U129-1994
(306) 3715-6911
November 24, 1997
City of Miami
3500 Pan American Drive
Miami, FL 33133
g,g; Mr. Albert Ruder, City Manager
SUBJECT: Interim Corrections Detention Center NCDC)
near Mr. Ruder:
It has come to my attention that the above facility will be Considered for sale to the
Winn Dixie Storoe, Inc. at the City Commieaion meeting un Tuesday, November 25,
1997. Miami -Dade County has previously notified the City of our desires to acquire
this property and staff has been in negotiations with the City to purchase the facility
for continued use as a correctional faculty.
It is respectfully requested that Miami -Dade County be permitted to finalize the
negotiations with the City.
Sincerely,
AV/has
cc: Honorable Alex Penelas, Mayor
Miami -Dade County
f ,
1 ago,
I
o Vidal, P.E.
Managor
tia
� �if°� {a"tYl;f't✓ tnd !slid '�t4
97 8
i
`iT`R-Orr1C� IVENICRANDUM
The Honorable Mayor and Members OCT — 7
of the City Commission
Edward q e
City Manager
RECOMMENDATION:
21
Sale of 1155 NW 11 Street
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 6.568 acres, commonly known as the Municipal Justice Building, located at
1155 'NW 11 Street, Miami, Florida (the "Property"), to Winn Dixie Stores, Inc: at a sale
price of five million seven hundred and ten thousand dollars ($5,710,000). The Resolution
authorizes 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. The
Resolution further authorizes the City Manager to execute a covenant, in substantially the
attached form, pertaining to that certain parcel of City -owned land located adjacent to the
Property, thereby restricting the use of such parcel for purposes of providing public
parking. The covenant shall further provide for the construction and maintenance of such
public parking at no cost to the City.
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 Municipal Justice Building
Property located at 1155 NW 11 Street, Miami, Florida (the "Property"). Invitations to Bid
were mailed to one hundred eighty-eight (188) potential bidders and three (3) bids were
received on September 8, 1997. The bid received from Winn Dixie was accepted as being in
the best interest of the City.
Highlights of the Purchase and Sale Agreement are as follows:
Purchase Price: $5,710,000
`� A 97- 811
Honorable Mayor and Members
of the City Commission
Page 2
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 $556,000 for a total deposit of $571,000 (10% of the
purchase price)
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
$4,555 as reimbursement for the Phase I Environmental Site
Assessment, Asbestos Survey and land survey.
Covenant: The parties have agreed to execute at closing a Covenant to restrict
the use of the City -owned land located adjacent to the Property for
purposes of providing public parking. The covenant also provides for
the construction and maintenance of such public parking at no cost to
the City. This covenant further provides for the adjacent City -owned
land and the Property'to be considered as one parcel for purposes of
all zoning requirements.
Environmental
Matters: Purchaser shall be provided a period of sixty (60) 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
fourteen (14) 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. 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: Ninety (90) 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 January 27, 1998.
2
LEGAL OESCAIPTION OF PORTION OF O.R.B. 2551 P. 694 WHICH
LIES SOUTH OF EAST -WEST EXPRESSWAY (S.R.836) RIGHT-OF-WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST -WEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT BOOK 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE N14 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN EASTWARDLY ALONG THE SOUTH LINE OF THE
NW''1/4 OF THE SE 1/4 OF SAID SECTION 35,.FOR A DISTANCE
OF 839.14 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY.PROLONGATION OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI, AS RECORDED IN DEED BOOK 2146 AT PACE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE DE-
FLECTING TO THE LEFT 91.00106" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OP THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SBWSRS OF THE CITY OF MIAMI, FOR A. DISTANCE
OF 70.01 FEET.TO THE POINT OF BEGINNING OF THE TRACT OF
LAND HERENAFTBR DBSCRIBBD, SAID POINT OF BEGINNING
BEING 70.00 FEET'NORTH OF THE SOUTH LINE OF THE -NW 1/4
OF THE SE 1/4 OF SAID SECTION 35:
FROM SAID POINT -OF BEGINNING, THENCE CONTINUE
NORTHWARDLY ALONG THE AFOREMENTIONED NEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A'DISTANCE OF 532.8 FEET, MORE
OR LEAS,, TO THB'CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOR 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 470
06'34".RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS; THENCE CONTINUE
NORTHWESTWARDLY MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 484.7 FEET, MORE.OR LESS, TO A POINT OF CURVATURE,
SAID PO'i-NT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON -THE WEST LINE OF THE SE 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
EASTWARDLY,ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT, HAVINGG-A RADIUS OF.1096.28 FEET AND A CENTRAL ANGLE
OF 12030'00", FOR A DISTANCE OF 239.17 FEET TO A POINT -OF
TANGENCY;' THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT• 1
TO THE AFOREMENTIONED CURVE, A DISTANCE OF. 200.00 FEET TO
A POINT OF CURVATURE; THENCE RUN SOUTIRIARDLY ALONG THE
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1196.28 FEET AND CENTRAL ANGLE OF 04"52'30" FOR A DISTANCE
OF 101.79 FEET TO A POINT; THENCE DEFLECTING TO THE LEFT
82'22'30" FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINTS THENCE DEFLECTING to THE RIGHT 40600"00" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET. NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE DEFLECT-
ING TO THE LEFT 41001'03" RUN EASTWARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNING OF THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6,569 ACRES OF LAND, MORE OR LESS.
9 7 - 8��
ORDER N0, 10586 SHEET 2 OF 2
SENT BY:CITY OF MIAMI ;11-25-37 ;11`50AM MAYOR XAVIER SUAREZ-1 545 5016;# 2/ 2
MEMPOLITAN IDADE �*NTY, FLOHIUA 0
BTEPMEN P. CLARK CENTER
OrFwo OF OWN" MAN460
sulT$ aY10
111 N.W. let STRUT
MWg1, FLORIDA 33120-104
(M) 97WI t
November 24, 1997
City of Miami
3600 Pan American Drive
Miami, FL 33133
AtteEdMr. Album Ruder, City Manager
SUBJECT: Interim Corrections Detention Confer IICDC)
Uear Mr. Ruder:
It has come to my attention that the above facility will be considered for sale to the
Winn Dixie Storos, Inc. at the City Commission meeting uis Tvesday, November 25,
1997. Miami -Dods County has previously notified the City of our desires to acquire
this property and Staff has been in negotiations with the City to purchase the facility
for continued use as a correctional facility.
It Is respectfully requested that Miami -Dade County be permitted to finalize the
negotiations with the City.
Sincerely,
COu
AV/has
cc: Honorable Alex Penelas, Mayor
Miaml•Dade County
1
f
a Videl, P.E.
Manager
10/7/97
J-97-711
RESOLUTION NO. 97-
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE SALE OF
THE REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF
APPROXIMATELY 6.568 ACRES, COMMONLY KNOWN AS THE
MUNICIPAL JUSTICE BUILDING, LOCATED AT 1155 NORTHWEST 11
STREET, MIAMI, FLORIDA, (THE "PROPERTY") TO WINN-DIXIE
STORES, INC., AT A SALE PRICE OF FIVE MILLION SEVEN HUNDRED
AND TEN THOUSAND DOLLARS (85,710,000); 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;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
COVENANT, IN SUBSTANTIALLY THE FORM ATTACHED,
PERTAINING TO THAT CERTAIN PARCEL OF CITY OWNED LAND
LOCATED ADJACENT TO THE PROPERTY, THEREBY RESTRICTING
THE USE OF SUCH PARCEL FOR PURPOSES OF PROVIDING PUBLIC
PARKING ONLY AND PROVIDING FOR THE CONSTRUCTION AND
MAINTENANCE OF SUCH PUBLIC PARKING AT NO COST OR
EXPENSE TO THE CITY.
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 1155 Northwest 11 Street, Miami, Florida, commonly known as the Municipal
Justice Building; and
WHEREAS, pursuant to public notice, sealed bids were received for the sale of this
property on September 8, 1997; and
WHEREAS, Invitations to Bid were mailed to 188 potential bidders and three (3)
bids were received with the bid from Winn -Dixie Stores, Inc. deemed to be in the best
interest of the City;
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
consisting of approximately 6.568 acres, commonly known as the Municipal Justice
Building, located at 1155 Northwest 11 Street, Miami, Florida (the "Property"), to
Winn -Dixie Stores, Inc., at a sale price of five million seven hundred and ten thousand
dollars ($5,710,000), is hereby approved.
Section 3. The City Manager is hereby authorized to execute a Purchase and
Sale Agreement, in substantially the attached form, with Winn -Dixie Stores, Inc. 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 4. The City Manager is hereby authorized to execute a covenant, in
substantially the attached form, pertaining to that parcel of City -owned land located
adjacent to the Property, legally described therein, thereby restricting the use of such
parcel for public parking purposes only,, and providing for the construction and
maintenance of such public parking at no cost or expense to the City.
�*.s 2
4 %161 97. sit
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this clay of . t997.
JO E CARO LLO, MAYOR
ATTEST:
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORRECTNESS:
JULIE O. BRU A/QUMN JQIJES III
ASSISTANT CITY ATTORNEY CITY ATTO EY
W 1918/JOB/kd/csk
3 97-- 84 5
E
AGREEMENT FOR PURCHASE AND SALE
THIS PURCHASE AND SALE AGREEMENT, (the "Agreement") is made
and entered into this day of , 1997 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 Winn Dixie Stores,
Inc., a Florida corporation, with offices at 5050 Edgewood Court, Jacksonville,
Florida 32254 (the "Purchaser'). The Parties hereby agree that Seller shall sell
and Purchaser shall buy the following 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
1155 Northwest 11 Street
Miami, Florida
c) Improvements
The following three buildings provided "as is" which contain an
adjusted building area of 79,011 s.f. as per the Public Records of Dade
County, Florida:
Building 1: A + 64,000 s.f. two-story reinforced concrete building.
Building 2: A ± 5,000 s.fone-story reinforced concrete building.
Building 3: A + 2,400 s.f. one-story reinforced concrete building.
2. PURCHASE PRICE AND PAYMENT
The Purchaser agrees to pay and the Seller agrees to accept the sum of FIVE
MILLION SEVEN HUNDRED TEN THOUSAND DOLLARS ($5,710,000)
(the "Purchase Price"). The Purchase Price shall be payable as follows:
A. The Deposits.
(1) Upon the execution of this Agreement -by the Seller, the Seller
shall deliver to Chicago Title Insurance Company, the "Escrow Agent"
FIFTEEN THOUSAND DOLLARS ($15,000), which the Seller has received
from the Purchaser as a "Bid Deposit".
97 - 811
(2) Within seven (7) days of the Effective Date of this Agreement,
the Purchaser shall deposit with the Escrow Agent an additional sum in the
amount of FIVE HUNDRED FIFTY-SIX THOUSAND DOLLARS ($556,000)
(the Bid Deposit and this additional sum will represent 10% of the Purchase
Price and are hereinafter collectively referred to as the "Deposit").
(3) The Deposit 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, FIVE
MILLION ONE HUNDRED THIRTY-NINE THOUSAND DOLLARS
($5,139,000) (decreased by any interest which accrued on the Deposit which
is delivered to Seller, and increased or decreased by adjustments, credits,
prorations, and expenses as set forth in Section 9 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 seq.) ("CERCLA") or any regulations promulgated under or pursuant
to CERCLA; (B) any "hazardous waste" as now or hereafter defined in the
Resource Conservation and Recovery Act (42 U.S.C., Section 6901 et seq.);
(C) any substance regulated by the Toxic Substances Control Act (15 U.S.C.,
Section 2601 et. Seq.); (D) gasoline, diesel fuel, or other petroleum
hydrocarbons; (E) asbestos and ,asbestos containing materials, in any form,
whether friable or non -friable; (F) polychlorinated biphenyls; (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; or (ii) poses or threatens to pose a hazard to the health or
safety of persons on the Property;or adjacent property.
The term "Environmental Requirements" shall mean all laws, ordinances,.
statutes, codes, rules, -regulations, judgments, orders and decrees, now or
8 !�
a
hereafter enacted, promulgated, or amended of the United States, the states,
the counties, the cities',:' or any otler•' political subdivision, agency or
instrumentality exercising jurisdiction over the Seller or the Purchaser, the
Property, or the use of the Property, relating to 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 or pollution 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 "B", 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 such information and makes no representations as to the
accuracy or completeness of such information but Seller agrees that it will
not intentionally withhold information and Seller will not knowingly provide
any false or misleading information. Seller is not liable or bound in any
matter by any oral or written statements, representations or information
pertaining to the Property, or the operation thereof, furnished by any agent,
employee, servant or other person.
3
97— 811 9
C. Ins-pection Period.
Purchaser and its agents and consultants shall have a period of sixty (60)
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 its consultants to
review and evaluate the physical characteristics of the Property and to
perform certain work or inspections in connection with such evaluation after
giving the Seller reasonable notice of twenty-four (24) hours prior to each
test performed. Purchaser may extend the Investigation Period for an
additional thirty (30) days if based on the results of the testing Purchaser
believes that additional testing is warranted. For the -purpose of conducting
inspections herein, 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. The right of access herein granted shall be
exercised and used by Purchaser and its agents, employees, consultants and
contractors in such a manner as not to cause any material damage or
destruction or any nature whatsoever to, or interruption of the use of the
Property by the Seller or its lessees.
D. Inspection Indemnity.
Notwithstanding anything contained in this Agreement to the contrary, as
consideration for the Seller's 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 any damage to the Property caused by
Purchaser's inspections; and (hi) 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/RiLrht 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 fourteen (14), business days from the date the Seller
receives the Environmental Notice to negotiate a _ mutually agreeable
4
remediation protocol. In the event the Purchaser and Seller are unable to
reach agreement with respect thereto "within the fourteen (14) business day
period provided herein, the parties shall have the option within two (2)
calendar days of the expiration of the fourteen (14) 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 third parties for 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 and its successors, 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 403,
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
Notwithstanding the City's furnishing to Purchaser of a Commitment to
Insure Title issued by Attorney's Title Insurance Fund, (Commitment No.
C-2470046) committing the title insurer to issue an Owner's Title Insurance
Policy (the "Attorney's Title Policy") covering the Property in favor of the
Purchaser upon the recording of the deed from the Seller, free and clear of all
liens and encumbrances, except the preprinted exceptions, Purchaser will
order and obtain a Commitment to Insure Title issued by Chicago Title
Insurance Company, committing the title insurer to issue an Owner's Title
Insurance Policy (the "Title Policy") covering the Property in favor of the
Purchaser upon the recording of the deed from the Seller, free and clear of all
97" 811 11
liens and encumbrances other than those approved by Purchaser, and except
the preprinted exceptions attached hereto as Exhibit "C".
Purchaser, at its sole cost and expense, shall be responsible for obtaining any
additional 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 other matters of survey which are unacceptable to Purchaser
which render the title unmarketable, the same shall constitute a Title Defect
as hereinafter defined and shall be treated in the same manner as a Title
Defect.
Title will be considered unmarketable for purposes of this Agreement in the
event that (a) there are any matters of title which would render title
unmarketable in accordance with the standards of the Florida Bar; or (b)
there exists within the portion of the Property zoned RT Rapid Transit Zone
any governmental regulations or restrictions, matters of survey, or matters
of title, easements or zoning requirements which will prevent or materially
impair Purchaser's ability to construct and operate the improvements
reflected in the site plan ("Improvements") attached hereto as Exhibit "D".
Purchaser shall be required to make such non -material reasonable
modifications to the site plan as may be required so long as said
modifications do not materially impact Purchaser's ability to construct and
operate the Improvements in the location shown on the site plan.
In the event the Purchaser's examination of title or survey, which
examination and survey shall be completed within sixty (60) days of the
Effective Date, reflects any condition which renders the title unmarketable
(the "Title Defect"), the Purchaser shall allow the Seller sixty (60) calendar
days within which to use reasonable diligence to cure the Title Defect, Seller
shall use good faith efforts to cure any Title Defect, provided however, Seller
shall not be required to bring any action or to incur any expense to cure any
Title Defect or objection.
If Seller shall be unable to convey title to the Property according to
provisions of this Agreement, Purchaser may: (i) elect to accept such title
that Seller may be able to convey, with no reduction in Purchase Price; or (ii)
terminate this Agreement, in which case the Deposit and all interest earned
thereon shall be returned by Escrow Agent 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 Inspection Indemnity pursuant to paragraph 3(D) hereof. In
addition to the documents set forth in paragraph 3(E), in the event of
6
12 �' sit
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 provided in paragraph 5B below, 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 (other than the warranties and representations contained in the
Closing documents delivered by Seller pursuant to paragraph 8A). 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 Seller has not made, will not and
does not make any representations, whether express or implied, with respect
to compliance with any land use, zoning or development of regional impact
laws, rules, regulations, orders or requirements.
(4) 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;
(5) 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
tl► 7
97- 811 13
implied, or oral or written or material or immaterial) that may have been
given by or made by or on behalf of Seller.
B. Notwithstanding anything to the contrary contained in this
Agreement, at Closing, Seller shall deliver the Property to Purchaser free
and clear of all leases and occupancy rights held by Dade County or any
other person or entity and shall cause the Property to be vacated by all
occupants.
C. The provisions of this paragraph shall survive the closing.
6. COVENANT
The parties hereto agree that both Purchaser and Seller shall execute at
Closing a covenant ("Covenant"), in substantially the form attached hereto as
Exhibit "E", to provide that -the Property and the other parcel described
therein be considered one parcel for zoning calculation purposes and to
provide that the other parcel shall always be used as a parking lot for the
general public.
7. CLOSING DATE
Closing will take place no later than ninety (90) calendar days after the
Effective Date, or within a reasonable time thereafter, at a mutually
agreeable time (the "Closing"), at the Department of Planning and
Development, Asset Management Division located at 444 SW 2 Avenue,
Suite 325, Miami, Florida. The parties may, subject to mutual agreement,
establish an earlier date for Closing. 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
by up to thirty (30) days as set forth in paragraph 4 hereof.
8. 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;
2) A Closing Statement.
3) A Seller's Affidavit confirming the Seller is in sole and
exclusive possession of the Property and that no work has been
performed on the Property for which the costs remain unpaid
and a Non -Foreign Affidavit.
8 9Y7- 8141
14
4) Such documents as are necessary to fully authorize the sale of
the Property by Sellef " and the execution of all closing
documents; and
5) Any other documents reasonably necessary or advisable to
consummate the transaction contemplated hereby.
6) the Covenant
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.
5) the Covenant
9. 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 Proration
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.
9
97- Sill
15
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.
B) Closing Costs
Each party shall be responsible for its own attorney's fees incurred in
connection with the Closing.
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, authorized by Purchaser; (ii) all
recording charges, transfer taxes, stamp taxes, survey, filing fees, and
all other sales and transfer fees payable in connection with the
transfer of the Property hereunder; and (iii) the Seller's costs incurred
in connection with the public solicitation process related to the sale of
the Property in the amount of ten thousand dollars ($10,000).
Additionally, the Purchaser shall be required to reimburse the Seller
for the actual cost of the Phase 1 Environmental Site Assessment,
Asbestos Survey and land survey of the Property in the amount of
four thousand five hundred fifty-five dollars ($4, 555).
Purchaser shall be required to pay, in addition to the Purchase Price,
one hundred fourteen thousand two hundred dollars ($114,200) [two
percent (2%) of the Purchase Price] as a Buyer's Premium. Said
amount shall be paid by Purchaser to Real Estate Works, Inc.,
Gonzalo Sanabria, broker, License No. CQ1004922, said broker being
the broker registered with the City of Miami, City Clerk's Office, in
relation to this transaction.
10. DEFAULT
A) If this transaction does not close as a result of default by Seller,
Purchaser as and for its sole and exclusive remedies shall be entitled
to either (i) elect to terminate this Agreement and receive the return
of the Deposit and all interest thereon; or (ii) obtain specific
performance of this Agreement.
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. Purchaser's remedies and the limitation on
Seller's liability set forth herein shall survive Closing.
B) If this transaction does not close as a result of default by Purchaser,
Seller, as and for its sole and exclusive remedy, shall retain the
Deposit and all interest earned thereon, as liquidated damages and
10
y` x S .-,� p;. �: ;•,�. r� yr-`*f S'�
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 (10)
calendar 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.
11. RISK OF LOSS
The Purchaser assumes, all risk of loss or damage to the Property by fire or
other casualty, or acts of God, as of the Effective Date.
12. RELEASE AND INDEMNIFICATION
Purchaser and anyone claiming by, through or under Purchaser hereby fully
and irrevocably release Seller, its employees, officers, directors,
representatives, agents, successors and assigns (collectively the Seller) from
any and all claims that it may now have or hereafter acquire against the
Seller for any cost, loss, liability, damage, expense, demand, action or cause
of action arising from or related to any defects, errors, omissions or other
conditions, including, but not limited to, environmental matters, affecting
the Property, or any portion thereof. The foregoing, however, is not intended
to release Seller from its obligations under this Agreement.
13. 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.
14. 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:
II 97= 8117
17
15.
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
NOTICES
On behalf of Purchaser:
Mario Labrit, Jr.
Real Estate Manager
Winn Dixie Stores, Inc.
1141 SW 12 Avenue
Pompano Beach, FL 33069-4677
Telephone (954)783-2700
Fax
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
City of Miami
City Manager
444 SW 2 Avenue, loth Floor
Miami, FL 33130
Copy To
City of Miami
Dena Bianchino
Asset Management Division
444 SW 2 Avenue, Suite 325
Miami, FL 33130
A. Quinn Jones, City Attorney
444 SW 2 Avenue, 91h Floor
Miami, FL 33130
Purchaser
James Kufeldt, President
Winn Dixie Stores, Inc.
5050 Edgewood Court
Jacksonville, FL 32254
Copy To
Mario Labrit, Jr.
Winn Dixie Stores, Inc.
1141 SW 12 Avenue
Pompano Beach, FL 33069-4677
Brian P. Tague, Esq.
Tew and Beasley, LLP
201 S. Biscayne Boulevard
Suite 2600
Miami, FL 33131
Kim Bongiovanni, Esq.
12
97- sit
Ll
•
16. CAPTIONS AND HEADINGS
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.
17. BINDING EFFECT
This Agreement shall bind and inure to the benefit of the parties hereto and
their successors in interest. Purchaser may assign this Agreement to any
entity which controls, is controlled by, or is under common control with
Purchaser. Purchaser may assign or pledge this Agreement to any other
entity only with the prior written consent of the City Manager which consent
may be withheld for any or no reason whatsoever.
18. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of
Florida and venue shall be in Dade County, Florida.
19. 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.
20. ATTORNEYS COSTS
If it shall be necessary for either party to this Agreement to bring suit to
enforce any provisions hereof or for damages on account of any breach of this
Agreement, 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
fined by the court.
21. 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.
22. SURVIVAL OF REP]R.ESENTATIONS/WARRANTIES
Paragraphs 313, 31), 3F, 5, 6, 10A, 12, 13, 18, 20 and 24 of this Agreement
shall survive the Closing and be enforceable by the respective parties until
such time as extinguished by law.
23. 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.
24. 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 oral or written) or actions of any party
hereto. This provision is a material inducement for Purchaser and Seller
entering into this Agreement.
25. 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.
26. 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.
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.
27. EFFECTIVE DATE/TIME OF ACCEPTANCE
The Effective Date of this Agreement shall be the date on which the last
party to this Agreement executes said Agreement and the Agreement has
been approved by the Emergency Financial Oversight Board. It is hereby
acknowledged that this Agreement must be executed by both parties within
one (1) week of City Commission approval.
28. , AUTHORITY OF CITY MANAGER
The Resolution of the City Commission of the Seller shall, in addition to
approving the purchase contemplated under this Agreement, empower the
14
City Manager of the Seller to modify this Agreement in the event a
modification to this Agreement becomes necessary or desirable.
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.
Dated the date first written above.
Executed by _
(Purchaser) on
By:
ATTEST:
Witness
Print Name
Witness
Print Name
Executed by CITY OF MIANII, a municipal
corporation of the State of Florida
(Seller) on:
LE
Evv x•U
Walter J. Foeman
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
t,.(l
A. Quinn Jones, III
City Attorney
Edward Marquez, City Manager
15
21
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NOTE: SHEET 2 FOR LEGAL DESCRIPTION
PREPARED BY
A. R. TOUSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126 ST. NORTH MIAMI, FL.
ORDER NO. 10586 DATE : SEPT. 28,1993
BY : ___ V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR 1683
STATE OF FLORIDA
ORDER NO. 105E6
P.Q.B.
.WFT I OF 2
22
817
LOESCAIPTION OF PORTION -OF 0. 2557 P. 694 WHICH
LIE SOUTH OF EAST -WEST EXPRESSWAY (S.R.936) RIGHT-OF-WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST -WEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT BOOK 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE NW 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN EASTWARDLY ALONG THE SOUTH LINE OF THE
NW"1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE
OF 839.14 FEET TO THE POINT OF INTERSECTION WITH THE.
SOUTHERLY. PROLONGATION OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI, AS RECORDED IN DEED BOOK 2146 AT PAGE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE DE-
FLECTIM3 TO THE LEFT 91000'06" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OF THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SEWERS OF THE CITY OF MIAMI, FOR A. DISTANCE
OF 70.01 FEET.TO THE POINT OF BEGINNING OF THE TRACT OF
LAND HEREINAFTER DESCRIBED, SAID POINT OF BEGINNING
BEING 70.00 FEET'NORTH OF THE SOUTH LINE OF THE -NW 1/4
OF THE SE 1/4 OF SAID SECTION 35:
FROM SAID POINT- OF BEGINNING, THENCE CONTINUE
NORTHWARDLY ALONG THE AFOREMENTIONED TIEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A"DISTANCE OF 532.8 FEET, MORE
OR LESS, TO THE -CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOK 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 470
.
06'34"-RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS; THENCE CONTINUE
NORTHWESTWARDLY MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 484.7 FEET, MORE OR LESS, TO A POINT OF CURVATURE,
SAID POS-NT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON•THE WEST LINE Op THE SE 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
EASS%IARDLY.ALONG THE ARC OF A TANGENTIAL CURVE TO THE
LEFT, HAVING'A RADIUS OF.1096.28 FEET AND A CENTRAL ANGLE
OF. 12030'000 FOR A DISTANCE OF 239.17 FEET TO A POINT -OF
TANGENCY;' THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT
TO THE AFOREMENTIONED CURVE, A DISTANCE OF,200.00 FEET TO
A POINT OF CURVATURE; THENCE RUN SOUTIRIARDLY ALONG THE
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1.196.28 FEET AND CENTRAL ANGLE OF 04.52'30" FOR A DISTANCE
OF 101.79 FEET TO A POINT; THENCE DEFLECTING TO THE LEFT
82-22'30" FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINT; THENCE DEFLECTING tO THE RIGHT 40.00'00" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE DEFLECT-
ING TO THE LEFT 41.01'03" RUN EASTWARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNING OF THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6,569 ACRES OF LAND, MORE OR LESS.
97- Sil
23
ORDER NO, 10586 SHEET 2 OF 2 _...
EXHIBIT B
On File with the City Clerk's Office
slat
24
EXHIBITS C AND D
To be attached prior to execution
*a.
25
978 11
EXHIBIT E
COVENANT
This Declaration of Restrictive Covenant In Lieu Of Unity of Title and Agreement
(the "Covenant") is made this day of 1997, by the City of Miami, a
municipal corporation of the State of Florida with offices at 3500 Pan American Drive,
Miami, Florida 33133, ( the "City") and Winn Dixie Stores, Inc., a Florida corporation,
with offices at 5050 Edgewood Court, Jacksonville, Florida 32254, (the "Winn Dixie").
RECITALS
WHEREAS, the City holds title to certain property in the City of Miami, Florida, as
legally described on Attachment "A' (the "Property"); and
WHEREAS, the City and Winn Dixie contemporaneously with the execution of this
Covenant have closed on a purchase and sale agreement whereby Winn Dixie has
purchased certain real estate from the City, situated adjacent to the Property and legally
described in Attachment "B" (the "Adjacent Parcel"); and
WHEREAS, the commercial development of the Adjacent Parcel will create jobs in
an economically distressed area of the City and generate tax revenue to the City and'
therefore the City deems it in the best interest of the economic welfare of the City and its
residents to assist Winn Dixie in such endeavor; and
WHEREAS, pursuant to the provisions of section 3 of the Charter of the City of
Miami and the broad powers granted to municipalities in Florida as provided in Section
2(b), Art. VIII of the State Constitution and the Municipal Home Rule Powers Act, the City
has the power, right and authority to grant this Covenant.
NOW THEREFORE, the City and Winn Dixie agree as follows:
Section 1. Incorporation of Recitals. The recitals and findings
set forth in the preamble of this Covenant are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. Consideration. In consideration of the City's agreeing to
grant this Covenant, Winn Dixie agrees to construct and maintain on the Property, at
Winn Dixie's sole cost and expense, automobile parking spaces usable and accessible to the
general public doing business in the Civic Center area. Winn Dixie agrees to commence
and complete the construction of such parking on the Property at the same time that the
construction of the parking for the Adjacent Parcel is commenced and completed.
At all times during construction of the parking at the Property, Winn Dixie
shall cause its contractor to carry liability insurance in the amount of one million dollars
($1,000,000) per occurrence combined single limit for bodily injury and property damage in
order to protect the City from any liability in connection with such construction activities.
The City shall be named additional insured.
26 97- 811
Thereafter, at all times so long as this Covenant is in force and effect, Winn
Dixie shall, at Winn Dixie's sole cost and expense, maintain and repair the parking on the
Property in a safe, sanitary and good condition. Winn Dixie hereby acknowledges that it is
self insured for general liability and agrees to defend all claims brought against Winn Dixie
or the City due to Winn Dixie's maintenance and repair of the Property. If at any time
during the term of this Covenant, Winn Dixie is no longer self insured, Winn Dixie shall
maintain liability insurance in the type and amount of coverage as shall be reasonably
approved by the City's Risk Management Department. The City shall be named as
additional insured on such policies. The parties hereto agree to enter from time to time
into such additional agreements as may be necessary with respect to the construction,
maintenance, repair and use of the parking spaces on the Property.
Section 3. Zoning and Code Compliance. The City and Winn Dixie
agree that with respect to zoning and City Code compliance purposes, the Property and the
Adjacent Parcel shall be considered one parcel for purposes of all zoning requirements and
compliance thereof which will permit the Property to be included in the gross lot area
calculation, and the parking spaces located on the Property to be included, for the Adjacent
Parcel's parking requirements and permitted floor area ratio calculations. The City agrees
not to erect any building improvements on the Property which will interfere with the rights
granted to the Adjacent Parcel under this section.
Section 4. Use. The City covenants and agrees that the Property shall
be used solely as a parking lot available for use by the general public doing business in the
Civic Center area.
Section 5. Term of Covenant. The provisions of this Covenant
shall become effective upon recordation of this covenant in the public records of Dade
County, Florida. This Covenant and agreement shall run with the Property and the
Adjacent Parcel and shall be binding upon the City, Winn Dixie, any future owners,
mortgagees, their successors, heirs, or assignees and shall continue in effect until released
by Winn Dixie and the City which release shall be recorded in the public records of Dade
County, Florida.
Section 6. Access Easement. The parties hereby grant to each other
easements for unobstructed vehicular and pedestrian ingress to and egress from each
parcel as may be required for access to Northwest 11 Street. The access easements shall
be at such locations mutually acceptable to the parties. The parties shall have the right,
from time to time, to relocate said access easements subject to the new locations being
mutually acceptable to the parties.
Section 7. Amendments. The provisions of this Covenant may be
amended, modified or released by a written instrument executed by the then owners of the
Property and Adjacent Property and the City Manager of the City of Miami, provided same
is also approved by the City Attorney of the City of Miami. Should this instrument be so
amended, modified or released, the directors of the departments of public works, planning
and development, and building and zoning of the City of Miami, or their respective
-2-
27
97- 817
designees or ,successors, shall forthwith execute a written instrument effectuating and
acknowledging such amendment, modification or release.
Section 8. Enforcement. Enforcement shall be by action against
the parties or persons violating or attempting to violate .this Covenant. In the event of any
litigation between the City and Winn Dixie, the prevailing party in any action or suit
pertaining to or arising out of this Covenant shall be entitled to recover all expenses
allowed by law including reasonable attorneys fees and court costs.
Section 9. Severability. Invalidation of one of the provisions of
this Covenant by judgment of court shall not affect any of the other provisions of the
Covenant, which shall remain in full force and effect.
Section 10. Recordation. This Covenant shall be recorded in the
public records of Dade County, Florida, at the sole cost and expense of Winn Dixie.
Section 11. Remedies Cumulative. All rights, remedies and privileges
granted herein shall be deemed to be cumulative and the exercise of any one or more shall
neither be deemed to constitute an election or remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or privileges as
may be available to it.
IN WITNESS WHEREOF, the City and Winn Dixie have caused this Declaration of
Restrictive Covenant In Lieu Of Unity Of Title and Agreement to be executed by its duly
authorized officers and the corporate seal to be affixed hereto, all on the day. and year first
above -written.
ATTEST CITY, a municipal corporation of the
State of Florida
In
Walter J. Foeman
City Clerk
Edward Marquez
City Manager
The foregoing instrument was acknowledged before me this day of
1997, by of the City of Miami, a municipal
corporation of the State of Florida, on behalf of the corporation. He/she is personally
known to me or has produced as identification and who did
(did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
28
-3-
•
APPROVED AS TO FORM
AND CORRECTNESS:
A. QUINN JONES, III,
CITY ATTORNEY
WINN DIXIE
WINN DDUE STORES, INC., a Florida
corporation,
By:
Print Name
STATE OF FLORIDA )
)SS
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
1997, by of on
behalf of the corporation. He/she is personally known to me or has produced
as identification and who did (did not) take an oath.
Notary Public Signature
Print Name of Notary
Commission No.
-4-
29
ATTACHMENT A
LEGAL DESCRIPTION OF "ADJACENT PROPERTY"
Commence at the Southwest comer of the NW % of the SE % of Section 35,
Township 53 South, Range 41 East, Dade County, Florida; thence run N 87030'50°E
along the South line of the NW % of the SE % of said Section 35 for a distance of
839.14 feet to the point of intersection with the Southerly prolongation of the West
line of the property conveyed to the Department of Water and Sewers of the City of
Miami by deed recorded in Deed Book 2148 at Page 499 of the Public Records of
Dade County, Florida; thence run N 03029'16' W along the Southerly prolongation of
the West line of said property conveyed to the Department of Water and Sewer of the
City of Miami for a distance of 70.00 feet to a point of intersection with the North line
of the South 70.00 feet of the NW % of the SE % of said Section 35; thence run. S
87*W15 ' W along the North line of the South 70.00 feet of the NW % of the SE % of
said Section 35 for a distance of 372.35 feet to the Point of Beginning of the heroin
described paroel; thence continue along the_ last described course for a distance of
265.90 feet to a point of curvature of a circular curve to the right; thence run Westerly
to Northy along the arc of said circular curve to the right having a radius of
50.00 feet, through a central angle of 71053'3T; for an arc distance of 62.74 feet to a
point of intersection with the Limited Access right-of-way line of State Road No. W6
as shown on the Right -of -Way Map recorded in Road Map Book 81 at Page 73 of the
Public Records of Dade County, Florida; thence run N 0601918'E along said Limited
Access right -of way one for a distance of 194.65 feet; thence run N 88031'530 E for a
distance of 23.34 feet; thence run S 51 °28'OT E for a distance of 344.97 feet to the
Point of Beginning; containing approximately 38,207.642 s.f. (.877 acres).
30
Sheet 1 of 2
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SCALE s 16- 100'
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.
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6.569 AC.
(PORTION OF O.R.B. 2557 P. 694 )
®ems.p-
R/i LINE
572.35
S.N. CORNER NV 1/4, -- EAST i
SE 1/4 SEC. 35-S3-41. of
EAST 839.14!
C. SOUTH LINE OF NV 1/4 OF SE 1/4 OF SEC. 35-53-41.
NOTE: SHEET 2 FOR LEGAL OESCRIPTION
PREPARED '8Y _ _ .. -,_
A. R. TWSSAINT & ASSOCIATES, INC.
LAND SURVEYORS
620 N.E. 126 ST. NORTH MIAMI, FL.
ORDER NO. 10586 DATE SEPT. 26,1993
BY C. V. PRES.
HOWARD C. GAMBLE
REGISTERED LAND SURVEYOR 1633
STATE OF FLORIDA
% ORDER NO. 10586
SHFFT I OF 2
32 97- sit
L L DESCRIPTION OF PORTION OF .8.255T P.694 WHICH
L� SOUTH OF EAST -WEST EXPRESSWAY (S.R.836) RIGHT-OF-WAY.
ALL THAT PART OF THE FOLLOWING DESCRIBED PROPERTY
THAT LIES SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE
OF THE EAST-S•IEST EXPRESSWAY, AS SHOWN ON THE RIGHT-OF-
WAY MAP RECORDED IN PLAT BOOK 81 AT PAGE 83 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
COMMENCE AT THE SOUTHWEST CORNER OF THE NW 1/4 OF
THE SE 1/4 OF SECTION 35, TOWNSHIP 53 SOUTH, RANGE 41
EAST; THENCE RUN EASTWARDLY ALONG THE SOUTH LINE OF THE
NW'1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE
OF 839.14 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY. PROLONGATION OF THE WEST LINE OF THE PROPERTY
OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF THE CITY
OF MIAMI, AS RECORDED IN DEED BOOR 2146 AT PACE 499, OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; THENCE DE-
FLECTIN13 TO THE LEFT 91000106" RUN NORTHERLY ALONG THE
SOUTHERLY PROLONGATION OF THE WEST LINE AND ALONG THE
WEST LINE OF THE PROPERTY OWNED BY THE DEPARTMENT OF
WATER AND SEWERS OF THE CITY OF HIAMI, FOR A DISTANCE
OF 70.01 FEZT.T0 THE POINT OF BEGINNING OF THE TRACT OF
LAND HEREINAFTER DESCRIBED, SAID POINT OF BEGINNING
BEING 70.00 FEET•NORTH OF THE SOUTH LINE OF THE•NW 1/4
OF THE SE 1/4 OF SAID SECTION 35:
FROM SAID POINT- OF BEGINNING, THENCE CONTINUE
NORTHWARDLY ALONG THE AFOREMENTIONED WEST LINE OF THE
PROPERTY OWNED BY THE DEPARTMENT OF WATER AND SEWERS OF
THE CITY OF MIAMI, FOR A•DISTANCE OF S32.8 FEET, MORE
OR LESS, TO THB'CENTERLINE OF WAGNER CREEK, AS DESCRIBED
IN DEED BOOK 2295 AT PAGE 90 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; THENCE DEFLECTING TO THE LEFT 470
06'340-RUN NORTHWESTWARDLY ALONG THE AFOREMENTIONED
CENTER LINE OF WAGNER CREEK, FOR A DISTANCE OF 290 FEET,
MORE OR LESS, TO ITS WESTERN TERMINUS; THENCE CONTINUE
NORTHWESTWARDLY MEANDERING THE PRESENT CENTERLINE OF
WAGNER CREEK TO A POINT OF INTERSECTION WITH A LINE 50
FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NW
1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE RUN SOUTH-
WARDLY ALONG THE AFOREMENTIONED LINE, SAID LINE BEING
50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35 FOR A DISTANCE
OF 484.7 FEET, MORE.OR LESS, TO A POINT OF CURVATURE,
SAID POINT OF CURVATURE BEING 50 FEET EAST OF A POINT
ON -THE WEST LINE OP THE SE 1/4 OF SAID SECTION 35, WHICH
IS 832.73 FEET NORTH OF THE SOUTHWEST CORNER OF THE NW
1/4 OF THB SE 1/4 .OF SAID SECTION 3S; THENCE RUN SOUTH-
EASTWARDLY.ALONG THE ARC OF.A TANGENTIAL CURVE TO THE
LEFT, HAVING A RADIUS Or.1096.28 FEET AND A CENTRAL ANGLE
OF 12°30'00"• FOR A DISTANCE OF 239.17 FEET TO A POINT -OF
TANGENCY;' THENCE RUN SOUTHEASTWARDLY ALONG A LINE TANGENT
TO THE AFOREMENTIONED CURVE, A DISTANCE 07.200.00 FEET TO
A POINT OF CURVATURE; THENCE RUN SOUTIrflARDLY ALONG THE
ARC OF A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF
1196.28 FEET AND CENTRAL ANGLE OF 04052130" FOR A DISTANCE
OF 101.79 FEET TO A POINT= THENCE DEFLECTING TO THE LEFT
82'22'30" FROM A LINE TANGENT TO THE AFOREMENTIONED CURVE
AT SAID POINT, RUN EASTWARDLY FOR A DISTANCE OF 62.96 FEET
TO A POINT; THENCE DEFLECTING TO THE RIGHT 40°00'00" RUN
SOUTHEASTWARDLY.FOR A DISTANCE OF 344.97 FEET TO A POINT,
SAID POINT BEING 70.00 FEET NORTHERLY OF THE SOUTH LINE OF
THE NW 1/4 OF THE SE 1/4 OF SAID SECTION 35; THENCE. DEFLECT-
ING TO THE LEFT 41"01-03- RUN EASTWARDLY ALONG A LINE 70.00
FEET NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE
NW 1/4 OF THE SE 1/4 OF SAID SECTION 35, FOR A DISTANCE OF
372.35 FEET TO THE POINT OF BEGINNINC OF THE ABOVE DES-
CRIBED PARCEL.
CONTAINS 6,569 ACRES OF LAND, MORE OR LESS.
33
SHEET 2 OF 2
ORDER NO, 10586 .^f^