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HomeMy WebLinkAboutBack-Up DocumentsPetroleum Restoration Program SITE ACCESS AGREEMENT 1. The Parties. The undersigned real property owner, CITY OF MIAMI, a Florida Municipal Corporation, ("Owner"), whose address is 444 SW 2"d Ave, 3rd Floor, Miami, FL 33130 hereby give(s) permission to the State of Florida, Department of Environmental Protection, whose address is 2600 Blair Stone Road, MS# 4545, Tallahassee, Florida 32399-2400 ("FDEP" or "Department") and all its Contractors, subcontractors, and vendors ("Contractors"), to enter the Owner's property located at ("Property") 6200 NW 17 Ave, Miami, FL, 33147 with FDEP Facility ID # 138732522. The Property. Owner owns the certain real property identified as folio/parcel number(s) 01-3115-005- 3291 located at 6200 NW 17 Ave, Miami, FL, 33147 Miami -Dade County, Florida (the "Property"), as more particularly described in the legal description within Exhibit A, attached hereto and made a part hereof. 2. Permissible Activities. This Site Access Agreement ("Agreement") is limited to activities which may be performed by the Department or its Contractors without cost to the Owner (unless required in a separate agreement with the Department) to locate contamination, determine contamination levels and, when necessary, remove and remediate contamination which may be performed by the Department and its Contractors. If the contamination is eligible for state funding, nothing herein is intended to modify the requirements and limitations of the eligibility program or order. The following activities are included in this Agreement but are not limited to this list: • conduct soil, surface, subsurface, and groundwater investigations, including but not limited to entry by a drill rig vehicle and/or support vehicles; • install and remove groundwater monitoring wells; • use geophysical equipment; • use an auger for collecting soil and sediment samples; • locate existing wells; • collect waste, soil, and water samples; • remove, treat and/or dispose of contaminated soils and water; • remove contaminated soil by digging with backhoes, large diameter augers and similar equipment; • install, operate, and remove remedial equipment; • install and remove utility connections; • trenching for connection of remediation wells to equipment; • conduct surveys, prepare site sketches, and take photographs; and • inspect any and all of the above activities 3. Duration and Termination of Access. This Agreement is granted, without any fee or charge to the Department or Contractors, for so long as is necessary to assess, remove, monitor and remediate the contamination on the Property. Access shall be allowed for the Depaitiuent (its employees) and Department Contractors (including site rehabilitation contractors and associated subcontractors; contracted site managers with Teams 5 and 6 and local governments; and contractors performing work for the Department under environmental forensics site investigation contract, if applicable) Page 1 of 7 Facility ID#: 138732522 (collectively referred to throughout as Contractors) immediately upon the execution of this Agreement. However, access for a Site Rehabilitation Contractor can be contingent upon the Owner timely entering into an additional separate site access agreement with only the Site Rehabilitation Contractor (if the Owner wants a separate agreement with the Site Rehabilitation Contractor, please check the appropriate box at the end of this document). Such agreement with a Site Rehabilitation Contractor is not binding upon the Department. There is no option for an additional site access agreement with any of the Department' s other Contractors. This Agreement shall continue until the Department' s entry of a site rehabilitation completion order pursuant to Rule 62- 780.680, Florida Administrative Code (F.A.C.), or low -scored site initiative no further action order pursuant to Section 376.3071(12)(b), Florida Statutes (F.S., "Order"). At which time the Owner shall be provided a copy of the Order and this Agreement shall be automatically terminated. 4. County or City (referred to as "Local Government") Manager/Administrator. The Local Government Manager/Administrator (as appropriate) is authorized to exercise the Owner' s rights and obligations under this Agreement, including, but not limited to, giving written consent to the Department's requests when necessary, approving any amendment or waiver of the terms and conditions of this Agreement, and terminating the Agreement. The Local Government Manager/Administrator is defined as the administrative head of Local Government pursuant to Subpart A, Section 15 of the Charter of the City of Miami, Florida. 5. Work Performed during Business Hours. The Depaitlnent and Contractor may enter the Property during normal Business Hours and may also make arrangements to enter the Property at other times with the Owner's prior written consent. "Business Hours" is defined as 7 A.M. to 7 P.M. (Eastern Time) during the weekdays. 6. Environmental Infrastructure and Well Permits. The Department and the Contractors may act as Owner's authorized representative in signing all required forms and documents necessary for obtaining applicable permits related to environmental infrastructure improvements including well construction, repair, maintenance, modification, and abandonment pursuant to Chapter 373, F.S., upon written approval, such approval shall not be unreasonably withheld. 7. Activities Comply with Applicable Laws. The Department and Contractors agree that any and all work performed on the Property and in association with this Agreement shall be done in a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules, and regulations. 8. Proper Disposal of Contaminated Media. The Department and Contractors shall ensure that soil cuttings, any work materials, and water generated shall be disposed of in accordance with Environmental Laws. All soil cuttings, waste materials and development water generated shall be promptly removed from the Property. 9. Property Restoration. The Department shall pay the reasonable costs of restoring the Property as nearly as practicable to the conditions which existed before activities associated with contamination assessment or remedial action were taken. 10. Owner's Non -Interference. The Owner shall not interfere with the Department or Contractors when performing the Permissible Activities. Owner shall not damage any equipment including wells, piping, and remediation system that may be located on the Property. Owner shall notify the Page 2 of 7 Facility ID#: 138732522 Department at least ninety (90) days prior to commencement of any construction, demolition or other work on the Property that may damage or destroy any part of the equipment installed under this Agreement. If the Depailiiient anticipates that the remediation equipment will not be used for over one (1) calendar year, the Owner can request removal of the remediation equipment if it is interfering with operation of the business or with planned construction activities. 11. Non -revocable. If Property is the source of the discharge that is eligible for State funded remediation pursuant to Chapter 376, F.S., access to the Property is required and Owner may not revoke this Agreement with the Department until the appropriate site rehabilitation completion order is issued under Rule 62-780.680 F.A.C. or a low- scored site initiative no further action order issued (if applicable) pursuant to Section 376.3071(12)(b), F.S., is final. 12. No Admission. The granting of this Agreement by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner for any contamination discovered on the Property. 13. Owner's Use of Property. The Owner retains the right to use the Property, and the Department and its Contractors will work with the Owner regarding minimizing activities that may interfere with the Owner's management and use of the Property. However, neither the Department nor the Contractor are responsible for any inconvenience, economic injury, or business damage that Owner may suffer due to the performance of any Permissible Activity. This agreement does not modify any legal right the parties may have regarding negligent acts. 14. Owner's Release of Claim. If Owner selected a qualified contractor (not an agency term contractor), the Owner hereby releases the Department from any and all claims against the Depaitulent performed by the Owner's selected contractor arising from or by virtue of, the Permissible Activities. 15. Injury to Department. The Owner shall not be liable for any injury, damage or loss on the Property suffered by the Department, Department's employees or Contractors provided that it is not caused by the negligence or intentional acts of the Owner's agents or employees. 16. Sovereign Immunity. To the extent permitted by law, and without either party waiving its sovereign immunity or waiving any limits established by Section 768.28, F.S., the Owner and the Department acknowledges and accepts their responsibility and liability for torts under applicable law (Section 768.28 F.S.) for damages caused by the acts if their respective employees while on the Property. 17. Insured Contractors. The Depaitinent shall require its Site Rehabilitation and Forensics Contractors, while performing services on the Property, to maintain commercial general liability insurance, automobile liability insurance, and workers' compensation insurance as required by Section 376.3071(6), F.S., and approved by the Department. 18. Public Records. All documents created or received associated with the Permissible activities are a public record pursuant to Chapter 119, F.S. The Owner may retrieve any documents or other information related to the Permissible Activities online using the facility number reference above. http://depedms.dep.state.fl.us/Oculus/servlet/login Page 3 of 7 Facility ID#: 138732522 19. Entire Agreement. This Agreement shall constitute the entire agreement between the Department and the Owner regarding this grant of access to the Property by the Department and its contractor as stated herein. No modification, amendment or waiver of the terms and conditions of this Agreement shall be binding upon Department unless approved in writing by an authorized representative of Owner and Department 20. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any action or proceeding arising from or relating to this Agreement shall be in the appropriate Florida court having jurisdiction located in Dade County, Florida. 21. Severability. In the event that any part of this Agreement is found to be invalid by a court of competent jurisdiction, that part shall be severed from this Agreement, and the balance of this Agreement shall remain in full force. 22. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto and the Depaitinent, Contractors, and their successors, and assigns, and shall not be deemed to confer upon third parties any remedy, claim, liability, or reimbursement, claim of action or other right. A. Are additional requirements attached to this agreement? If neither are checked, the Department will assume "NO." Note: Additional requirements must be on a separate page titled Exhibit B and include the facility ID#, owner signature and date on the page. If an Exhibit B is not submitted to the Department with the signed Site Access Agreement, the Department will consider that you have changed your selection from "YES" to "NO". YES x NO B. Do you wish to participate or provide input with respect to rehabilitation of this facility? If neither are checked, the Department will assume "NO." x YES NO C. If you wish to exercise the option to reject one Contractor prior to assignment of work, please enter an email address. N/A If you do not have an email address, you can enter a telephone number or street address instead. D. Do you want the site rehabilitation Contractor to contact you to obtain a separate site access agreement? Note: Optional site access agreements between the owner and site rehabilitation Contractor must be completed within (90) calendar days. Since such an agreement is neither necessary nor required, state -funded site rehabilitation activities will begin whether or not you and the site rehabilitation Contractor have executed this optional agreement. Entities listed in paragraph 3 which this agreement provides immediate access for are excluded from thisoption of obtaining an additional site access agreement. x YES NO Page 4 of 7 Facility ID#: 138732522 23. Notices. For a notice to a party to be effective under this Agreement, notice must be sent via e- mail to the addresses listed below and shall be effective upon mailing. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with this section. NOTICE TO OWNER: Arthur Noriega, V City Manager 444 SW 2nd Avenue, loth Floor Miami, FL 33130 anoriega@miamigov.com WITH A COPY TO: Victoria Mendez City Attorney 444 SW 2nd Avenue, 9th Floor Miami, FL 33130 vmendez@miamigov.com George Mensah Director of Housing & Community Development 14 NE 1st Avenue, 2nd Floor Miami, FL 33132 gmensah@miamigov.com NOTICE TO DEPARTMENT: In addition to the Department's site manager assigned to the Property, the below mentioned PRP Facilitator has been assigned to the Owner and shall be given all notices required under this Agreement. PRP: Email Address: Remainder of page intentionally left blank Page 5 of 7 Facility ID#: 138732522 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement: ,through its Board of Commissioners, signing by and through its County Administrator, authorized to execute same by Board action on the day of , 2023 (Agenda Item# ), and State of Florida Department of Environmental Protection, signing by and through its duly authorized representative. CITY OF MIAMI, a Florida Municipal Corporation ATTEST: By: By: Arthur Noriega V, City Manger Todd Hannon, City Clerk Date: Date: APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS REQUIREMENTS By: By: Victoria Mendez, City Attorney Ann -Marie Sharpe, Director Risk Management Depail.tnent Date: Date: Accepted by the State of Florida Department of Environmental Protection: By: By: Date: Natasha Lampkin Program Administrator Petroleum Restoration Program Signature of Witness Print Name Date Attachments: Exhibit A- Legal description of the Property. FDEP Coordinates (Degrees Minutes Seconds) for Facility ID# 138732522 Latitude 25° 49' 55.4888" Longitude 80° 13' 30.5034" Page 6 of 8 Facility ID#: 138732522 EXHIBIT A Legal Description: Lots 21, 22, 23 and 24, Block 12, LIBERTY CITY, according to the Plat thereof, as recorded in Plat Book 7, Page 79, of the Public Records of Miami -Dade County, Florida, Less the following described portions: The South 10.00 feet of Lots 23 and 24 in said Block 12, less the East 10.00 feet of said Lots 22 and 23 and less that part of said Lot 23, which lies within the external area formed by a 25.000 foot radius arc concave to the Northwest tangent to the West line of the East 10.00 feet of said Lot 23, and tangent to the North line of the South 10.00 of said Lot 23. Page 7 of 8 Facility ID#: 138732522 F.A ... s""Eh'.... N.C:6211B TERRACE AM" AY EN.Gf LA{ sror LOT 20 aLocrc f2 FiEV cnfa LOT 25 BLOCK 12 40,000..ahf) a Bearing, if any, shown based on REVISIONS: •82.41 P)"52• . 17 t. AVENUE N.W.52tid'STREET ., 70' T9TAL RIGHT-OF-WAY (reference) This property desert'Ued as: Lots 21, 22, 23 and 24, Block 12, LIBERTY CITY, according to the Plat thereof, as recorded o.Piat Book 7, Page 79, of the Public Records ofMiami-Dade County, Florida, less the following described portions: The South 10.00 feet of Lots 23 and 24 in said dock 12 less the East 10 feet of said Lots 22 and 23 AND LESS that part of said Lot 23 which lies within the external area formed by a 25.00 foot radius arc concave to the Northwest, tangent 1.0 the West line of-theEast10.40 feet of said Lot 23, and tangent to the North line of the South 10.00 feet of said Lot 23. CF.RTWED TO: City of Mann, a Municipal Corporation of the State of Florida_ Weisburd, Eisen & Posserlli, P.A. First American_ Title Insurance Company 6200 NW 17`a Avenue, Miami, FL 33147 LEGEND =cereteitmgle A =Arc WC = Air Condenser ARRA = Aspm.tt BED = Bahama BM F Bench Mark Ca =CaFh Bean CBS = CEcarroletRock StruWra CH = CMN Chem= Cha1ehmeneE fE =Ceder Dre CIF =Chan Link Fame • = deer Cony. = Camas p =Geed p = Plamau PG =MhrN-0eds CMnty Ott = Cug Hole DINE = Drainage& Mahaenenccla9emdtt Ent =For =our[ FN. = Rye Hydrant F.I.R. = Found Iron Reber FPL =Amide Mier &Light F.I.P. = Fend Iron Pipe Pd. = Found M =Nreeerured F�=MonumenIlite Man. = MReaet WA -NOLApplleaHe Nm = Neil &Plat =Nurser NTS =Nat to Seale os =Offset a.U1= Dante:ad Uggty Ones aH -Overture P Pat PB = Plat Book PC = Point etCreaure PCP = Pem®nestCortei Pont PG =Pap P.f. = Pant of Irdereselen PHRY= Palway • = Property Lire PL =PLater PAS- FolydotBermtr1g P ea- Motel Cumaeranet P.P. =PdverPale P.R.M. Remanert Reference Mon me t FT =PamofTerony R=Redlye Res. = Hadde1ea RNG = Range RJR =Reltread PEW = Ptoteeslorel .Surveyor M RAN = RIO-olllNay' SVC = Sidewalk See. =Seam TR =The (rYP) = Typical T Tangent 'MP = TarmhNP = Uglily Easement W.F. =Wood Fence W.M. = Water Meer • FLOOD ZONE X COMM. Na PAN&No. SUFFC1 1A0l F.S.R.M.e.N E 3 IZ 154 F.I-R.M,INDES Tf R1F5 p 9F k�-E1S, +N.S V.D. ELEVATION NOTE 1FAPPL!T86T E} L.F.Elev.= r (uwesthabrriihW floor elava5rn). Elevatlon shown hereon reFer td N.G.V.n, 132R. Lowest adjacent grade elevation= HM. Ee+.= Garage Eev= — .Ere - Nat valid unless It hears the signature end the orighel raised • seat of Florida licensed Surveyor and MnppeC eci,voR SURVEY. I HEREBY CERMFY: that Vile array meets to rI rt e dlnleat standards es situ FLQ4A BOAR 01`` PROFESSI •- AND MAP RS Cade PROFEEStONA.L 0 AND MAPPER No.4 i. State of Florida. Avarez, Aiguesvives and Associates, he. Surveyors, Mappers end Land Planners 8230 Coral Way, Suite 6, Mani, FL 33155 Phone 305.220.2424 Fax 305.552.8181 LB. No. 08871 E-mail: aaasurvey@a0Lctxn Feld Pate /9 )e61 Scale: Drawn by. H... orwg. No. OH CA=i0 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 29 & LOWER WITH LSSI OPTION What is the Petroleum Restoration Program? The Department of Environmental Protection (DEP/Department) Petroleum Restoration Program (PRP) includes the technical oversight, management, and administration of the assessment and cleanup of property contaminated by discharges of petroleum and petroleum products from stationary petroleum storage systems. Petroleum contaminated sites that are eligible for cleanup by the State will be funded in priority order based on the potential threat to the public health and the environment. What facility or site is this letter referring to? For facility specific information please visit the Contamination Locator Map (CLM): 1. Go to the PRP main page https://floridadep.gov/waste 2. Click on the blue CLM — Contamination Locator Map under the Waste Management Quick Links on the left of the screen 3. Select "Petroleum" from the search criteria, select "Continue." 4. Search for the site using an address, a 5-digit zip code or a city. Is this site access agreement required? Yes, property owners must provide permission for the Department and its contractors to access the property that is the location of the contamination. Such permission is required by state law to retain the state -funded eligibility and so that the Department and its contractors can conduct the work necessary to clean up the property. Owners are asked to grant that permission by signing a Site Access Agreement. Please review all pages of the document provided, and don't hesitate to call the Department with any questions you may have. Will the site assessment or remediation work impact my business? Contractors are required to notify the property owner and any operator on the property before the contractor comes to the property to perform field work. This is your opportunity to inform the contractor of anything that is happening on your property or that has changed since the last time the contractor was on the property. Site rehabilitation may temporarily block parts of your parking lot while work is being conducted. You will be informed when this may happen. What will my property look like when this is done? Your property will be restored as nearly as practicable to the conditions which existed prior to activities associated with contamination assessment or remedial action were taken. Page 1 of 4 6/6/2022 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 29 & LOWER WITH LSSI OPTION What if there is an issue with the work conducted at my site? Once you sign the Site Access Agreement, you will be assigned a PRP site manager. The site manager is responsible for overseeing the technical and administrative aspects of the site cleanup. Your assigned site manager will be contacting you at various times during the process but you may contact the PRP site manager any time to discuss any problems or concerns you may have about the work. You will also have an opportunity to evaluate the performance of the contractor that works on your contaminated site. If you would like to participate or provide input with respect to how site rehabilitation proceeds on your property, please select (YES) to paragraph 21 B of Site Access Agreement. Will I be expected to pay for this work? Look on the PRP cover letter for this request and you will see what program(s) for which your contamination is eligible. If your contamination is eligible for the Early Detection Incentive Program (EDI), and that is the only contamination on your property, then you should not have to pay for anything. If your contaminated site is in a state -funded eligibility program that has a deductible: Petroleum Liability and Restoration Insurance Program (PLRIP) the deductible is subtracted from the states funding limit (cap). Abandoned Tank Restoration Program (ATRP) and Innocent Victim Petroleum Storage System Restoration Program (IVPSSRP) no longer require a deductible. For contaminated sites that are in a cost share program: Petroleum Cleanup Participation Program (PCPP), in addition to a Site Access Agreement, the cost -share agreement will have to be executed before work can proceed. The owner is responsible for the Limited Contamination Assessment Report (LCAR) costs and a 25% co- payment/cost savings/or combination toward remediation and cleanup. The deductible, LCAR, and the PCPP agreement are not required under the Low -Scored Site Initiative (LSSI) option, please see the LSSI table below for more details on this Initiative. If you wish to proceed with the LSSI option, the funds are limited up to $35,000 for assessment and up to $35,000 for remediation. Under the LSSI, if minimal contamination remains onsite and meets specific requirements, the owner acknowledges and agrees to the DEP issuing a "LSSI No Further Action" determination. In PLRIP and PCPP, the Department is limited as to how much state money (cap) it can expend. If contamination cannot be remediated under those funding caps, then you may be required to expend funds to complete the cleanup. Who will be doing the work on my property? The Department has competitively procured qualified cleanup contractors through Agency Term Contracts (ATCs), one of which will be selected for your site. If the site is moving forward under a cost share program such as PCPP or Advanced Cleanup, LSSI or an executed Conditional Closure Agreement the responsible party can recommend a contractor to the Department. You will be notified of the selected ATC and have the option to evaluate and reject the ATC prior to work assignment if you are not satisfied with the selection. See paragraph 21 C & 21 D of the Site Access Page 2 of 4 6/6/2022 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 29 & LOWER WITH LSSI OPTION Agreement. For sites moving forward under LSSI, owners/applicants may select a qualified contractor to perform the work regardless of the eligibility program a discharge is eligible under or allow the Department to select a qualified contractor. If you choose to proceed with LSSI, the owner has the option to select their contractor by completing the LSSI application. The contractor that is listed under the LSSI application will be the contractor conducting the work at the site. What is the Difference between the Low -Score Site Initiative (LSSI) and Regular Funded Work? Low -Score Site Initiative Sites Within Funding Range Voluntary program for owners/responsible parties that provides a faster assessment with the intent of closing sites below funding range. Department led assessment to determine risk of contamination at sites below funding range. Authorized and described in Section 376.3071(12), Florida Statutes. Authorized in Section 376.3071(4), Florida Statutes Up to $35,000 for assessment activities and up to $35,000 for remediation. Provides enough funding to complete assessment and remediation, no limit on the funds (excepting cap limitations) needed to assess/remediate the site. Not all low score sites qualify for LSSI. Florida law requires certain criteria for a site to be considered for the LSSI. All sites within funding range are eligible for funding. The DEP requires an executed Site Access Agreement from the real property owner(s) (and recorded leaseholders) included with the LSSI application in order to participate. The DEP requires an executed Site Access Agreement from the real property owner(s) (and recorded leaseholders) before assessment and remediation work is conducted. Owner acknowledges that minimal contamination may remain onsite and agrees to the DEP issuing a "LSSI No Further Action" determination. LSSI NFA sites are logged on to the DEP's online Institutional Control Registry. The data collected will determine if the contaminated site is a health risk, requires monitoring, remediation, or qualifies for closure. The Department with discuss with the owner/RP the different closure options for the site. If the site qualifies for closure, the deductible or cost share co -payment is not required. Before any work can be performed at the site, the owner/RP must comply with any cost share/copayment, cost savings, etc. if applicable. Deductibles will be subtracted from state funding limits (cap) if applicable. Page 3 of 4 6/6/2022 FREQUENTLY ASKED QUESTIONS FOR SITES SCORED 29 & LOWER WITH LSSI OPTION For additional information please visit the Petroleum Restoration Program website http://Floridadep.gov/waste/petroleum-restoration/content/petroleum-cleanup-programs How long will it be before something is done on my site after access is granted? Once the signed Site Access Agreement is received by the Department, a site manager will be assigned to your site. The assigned site manager will then contact you within 30 days to discuss the next steps and will be able to answer any questions you have about the program. Who do I contact about my site? • For general questions concerning your site and the Site Access process or agreement, please contact Grace Rivera at 850-245-8882 or Grace.Rivera@FloridaDEP.gov. • If you are considering the LSSI, please contact Graham Witt at (850) 222-6446, ext. 5001 or GWitt@northstar.com. Page 4 of 4 6/6/2022 11111111111iiiii1111111i11111111i111111 111111 THIS INSTRUMENT PREPARED BY: SCOTT WEISBURD, Esq. Weisburd, Eisen & Possenti, P.A. 7700 North Kendall Drive, Suite 707 Miami, Florida 33156 WARRANTY DEED C=F t U_el_t-4-tit_tS� 17 9 J_ OR Bk 22744 I'as 3044 - 3052; (Ras) RECORDED 10/19/2004 14:15':13 DEED DOG TAX 2,691.00 SURTAX 2,0:L8.25 HARVE't RUVINr CLERY. OF COURT MIAMI-DADE CDUHTYr FLORIDA THIS INDENTURE, made this lJ�Cn day of October, 2004, between AMERICAN PETROLEUM OF 17 AVENUE LLC, A FLORIDA LIMITED LIABILITY COMPANY, whose post office address is 3475 WEST FLAGLER STREET MIAMI, FLORIDA 33135, hereinafter the GRANTOR, and CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA, whose post office address is 444 SOUTHWEST 2ND AVENUE, 10TH FLOOR, MIAMI, FLORIDA 33130, hereinafter the GRANTEE. WITNESSETH, that the said GRANTOR, for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION, paid to GRANTOR by GRANTEE, the receipt whereof is hereby acknowledged, granted, bargained, and sold to the GRANTEE, and the GRANTEES heirs and assigns forever, the following described land, situate, and being in the County of MIAMI-DADE, State of FLORIDA, to wit: Lots 21, 22, 23 and 24, Block 12, LIBERTY CITY, according to the plat thereof, as recorded in Plat Book 7, Page 79, of the Public Records of Miami -Dade County, Florida, LESS the following described portions: The South 10.00 feet of Lots 23 and 24 in said Block 12, less the East 10.00 feet of said Lots 22 and 23, and less that part of said Lot 23 which lies within the external area formed by a 25.00 foot radius arc concave to the Northwest tangent to the West line of the East 10.00 feet of said Lot 23 and tangent to the North line of the South 10.00 feet of said Lot 23. SUBJECT TO: 1 Taxes for the year 2004 and all subsequent years; 2. Zoning restrictions, prohibitions and other requirements imposed by governmental authority; 3. Restrictions and matters appearing on the plat or otherwise common to the subdivision; 4. Public utility easements of record, if any. Property Tax Folio No. 01-3115-005-3291 The foregoing conveyance was approved pursuant to Resolution No. 03-777 of the City Commission of the City of Miami, Miami -Dade County, Florida, passed and adopted on July 17, 2003. A copy of Resolution No. 03-777 is attached hereto as Exhibit "A". And the GRANTOR hereby fully warrants the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Name: Name: IN WITNESS WHE WITNES Please Print STATE OF FLORIDA COUNTY OF MIAMI-DADS OF, the GRANTOR has hereunto executed these presents the day and year first above written. 0 G NTOR: GRANTOR: AMERICAN PETROLEUM OF 17 AVENUE LLC, A FLORIDA LIMITED LIABILITY COMPANY By: MARIA D. SCHLAFKE, MANAGING MEMB R 1 HEREBY CERTIFY that, on this day, before me, an officer duly authorized in the State and County aforesaid to administer oaths and take acknowledgments, personally appeared MARLA D. SCHLAFKE, MANAGING MEMBER of AMERICAN PETROLEUM OF 17 AVENUE LLC, A FLORIDA LIMITED LIABILITY COMPANY, who, after being duly sworn, clupAledged before me the execution of the foregoing instrument for the purposes therein -xpressed, and who produced i �(� u 1 1/44s identification. WITNESS my hand and offi ::1 n the County and St afo esaid this 1 J day of October, 2004. Please Print My commission expires: IRENE YVEIBBURD MY COMMISSION 11 DD 060355 5 EXPIRES: d 1n un B03 Book22744/Page3044 CFN#20040917291 Page 1 of 9 0-18-2 3 i.®= 18 . CITY ways OFFICE 30S dSA 1s 9 P.02 J-03-697 7/17/03 RESOLUTION NO. 03.- 777 A RESOLUTION OF THE MI%MI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE ACQUISITION of CERTAIN PROPERTIES LISTED ON "LISTS 1, 2, .AND 3," ATTACHED AND INCORPORATED, AB APPROVED BY THE MODEL CITY COMMUNITY REVITALIZATION DISTRICT TRUST AND ITS i3CARD OF DIRECTORS, SUBJECT TO CERTAIN REQUIREMENTS AND COMPLIANCE WITH ALL FEDERAL, STATE ,AND LOCAL REGULATIONS; AND ALLOCATING FUNDS DESIGNATED FOR THE MODEL CITY TRUST IN THE AUDGST FOR FISCAL YEAR 2003, SUBJECT TO THE AVAILABILITY OF FUNDS_ WHEREAS, the Model City Community Revitalization District Trust ("Trust"), a limited agency and instrumentality of the City of Miami, wishes to purchase certain properties as listed on '"Lists 1, 2, and 3," attached and incorporated; and WHEREAS, the Trust has secured contracts with the property owners that tall within the parameters of the policies for negotiation approved by the city commission and the Trust's Board of Directors; and WHEREAS, the purchase price of each individual property to be acquired has been approved by the Trust's Board of Directors and said prices must now be approved by the City Commission; IATTACHMENT ($) CITY CQIIsRISSION mErrizza OF JUL 172003' mkt* ao. Book22744/Page3045 CFN#20040917291 Page 2 of 9 WO-09-2003 10:19 ,CITY CLERICS OFFICE 30S ere isle -P: s3 NOW, T EREFORE, BE IT RESOLVED BY THE COMMISSION OF TEE CITY OF MIAMI, FLORIDA: Section 1.. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The acquisition of certain properties listed on "Lists 1, 2, and 3," attached ari& incorporated, as approved by the Trust and its Board of Directors is approved, subject to certain requirements and compliance with all federal, state and local regulations, is approved, as follows: 1. The acquisition of the twelve (12) properties listed on List 1, entitled "List 1, Model City Trust, Vacant Land," is approved at the purchase prices set forth. 2. The acquisition of the twenty-one (21) properties listed on List 2, entitled "List 2, Model City Trust, Vacant Properties with Buildings," is approved at the purchase prices set forth subject to confirmation that the properties were not occupied at the time of the City/Trust's commencement of negotiations with the property owner. 3. The acquisition of the one (1) .property._ 1iated on List 3, entitled °'List 3, Model City Trust, Occupied Properties Log," is approved at the purchase price set forth, subject to the proper application of a Relocation Plan approved by the Trust's Board of Directors. Section 3. Fuu,da for wail acquisitions are allocated as desi9aated for the Model city Trust in the budget for Piece). Year 2003, subject to the availability of funds. Page 2 of 3 03- 7 7 7 Book22744/Page3046 CFN#20040917291 Page 3 of 9 F JG--08-Z0,03 10;19 CITY CLERKS OFFICE 305 OSS 161.0 P.04 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this I7tb In accordance wi!N n • _ becomes tegj Mof by tr •• this �mese11�' h it regarding some, we:thou1 the ATTEST day of July , 2003. MANUEL A. DIAZ, MAYOR the Mayor did not indicate approvalof �} • ! .. ; .. "•.d W cr prrvided. said o : 3.- 0 i) days from tha date of legislation now Mayor exercising • commission action PRISCILLA A. THOMPSON CITY CLERK s/ Prisdils I#. .... City; If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar clays from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City commission. Page 3 of 3 03 777 Book227441Page3047 CFN#20040917291 Page 4 of 9 PIM 99 I00 c 214 330 611 747&7411 818 819 Bela Name RlestaAnn OMNI John Johnson A Christine Johann James Mane tidia Jeannere Martinez Frederick V. Barrett Highway Christian Church al Meat 'The Church of Dad Tabernacle Miehedle L. Lowery Joe Nathan Gipson 1471NW60$t- Vacant lot 1477NW60St Vacent1ot 5859 NW 13 Av Vacant lot 1390 NW 581hr- S191e Pant -Owner Occupied 1531NW55St- Vacant lat 1601&1559NW 54 511.- Single fam & r1►urrh 6245 NW 15 Ao- Chureh-eoeupied 6240NW 15Av- Vacant1ct 1501 1r W 62 Si - RetailVacant lot Plume 1hr. (3 3) 769-3281 (305) 625-1866 (803) 329-1003 305-759-9387 (305) 251-3697 (305) 446-3302 Attly biedvin (305) 681- 7652/ 1305) 693.6592 (305) 691-8466 (305) 634-2002 "List 1s Model City Trust Vacant Land ALMA Aaaeseaasat Whin Appal 5,867 5,657 5,867 59,34 5,828 103,284 26,9 5,320 23,861 8,000 7,200 7,200 80,000 7,350 142,5 58,500 5,200 Itw:velase or Purchase Appraise Mee 9900 9,400' 10,000 89,000 7.900 154,500 1 00,000 6,400 26,UOOr 30,000 8.950 9,900 8,300 8,6110 54,500 7,625 148,500 59,254 5,800 28,000 9,400 9,890 97,175 7,930 162,00D 66,000 6,400 Areal move Jaw IDOIIC ttss awing, and Averespe Purchase 10,293 9,545 9,590 (393) (145) 0 170,775 (8,775) 68,138 (2,138I 6,670 30,00 h 32,200 (2701 (2,200)I Miami Devdopment 6200 NW 17 Ave - Authority Vint lots 12 vacant lend/a+ v -occupied prop:Aire (305) 544-1190 41, 385,000 1 of 2 395,000 390,1300 448,500 448,500 0 8/1 /2002 8;29 AM CFN#20040917291 Book227441Page3048 'List 1" Model City Trust Vacant Land 855 m w Maine Hunter 155211W 627aeir Vacant lot (305) 757-8787 4,723 5,203 5,250 5.225 5,250 6,009 (759) 1 To6s1 ••• 296,154 740,780 786,050 763.400 867,415 877,910 (10,4951 12 vacant lend f ownar-occupied prop 2 of 8/ I /2003 8 29 AMJi 0) co 0_ CFN#20040917291 Book227441Page3049 "List 2" Model City gust Vacant Properties with Buildings 44 ala i• = - !e eidiirilume • . 1 PPoperty Atlareer1 • _ .,f. C n& 'a •YS7 QC. •,'--V*la� -- •• • - '•1-k . ApprR -', - - Apg%!I� maims tw tlprcalrsls _ ? _ pr( ._ - %above' e i - itC men iiiiiiiiiii ' yi : - 93 Angek Cobb 1401 NY/60 Street 19u10-P-r.t*nt i��l 620-967d 1395) 255-1427 89,947 113.500 115,000. 114750 126 500 131,387 , L 4,887 94 V1ta Sarke, Fat. 1405 NW 60 Steeet vacant (5611209-4631 87,496 125,000 125,000 125.01 • 143,750 143,750 9 118 Carib G Rem% ?Mike 1624 NW 60 9i/11011- Niue vacant (3051694-6220 (3056 754-4200 P051893-2715 159,429 120,006 130,000 125000 140,000 143;750 3.750 142 Sasaki & Daniel Vogl 1418 NW 60 Btieet Duplmt-waeal (3051835.7751 18,636S 43,500 45,000 44,761 46,000 51 462 5,462 - 150 Mr. Connie Darla 1457-5911W 59 St Do�a uplacaM {3051624-3820 57,503 83,000 91,000A0 IIf 69,500 91,000 102,925 11,925 160 Rogers Jones. Be. 6s Rogers Jew%Jr. 1301 NW 59 81.Singye Fern-verant {306J693.4628 36,193 58,000 65,000 61,500 66,100 70,725 4,625 OM Fatale el Male Smith 1293 NW 69 $treel Simla Remaly- want 19541 795.2983 33,690 55,0001 60,5001 57,754 60E600 66 412 5 412 193 KaACClla Seater 51101ldna 1253NV/ 596tali&e Ram•ascent 13051649-1014/ [305)621.3033 33.566 60,000 67.003 63,500 67,008 73025 6,025 247 Reaem& 0aorp Nadaarl 1433 NW 99 Street Binge Fart-eaaast (9411 7434855 J 54,793 80,000 B2,500 81,250 82,500 93,437 10937 266 Ueda D. Ward 1632 NW 59 greet- 1y+lpiet vaeaat (3051693-4038 [3051 Say 5R9S 56,1981 86,060 84,0� 84,500 97,175 97,175 01 276 Men F. Bartlamadr 1517-10 NW 58'liert- Dep1ert-0aupkd (786( 9424298 1306(691-1177 49,000 94,000 96,000 94,500 108,575 101675 4 306 ?loses&Muyr Teaard 1490 NW 5071er gm* ran -lac. (945j 625.1606 25, €83 22.500126,00 24,250 26,000 27,889 1,057 307 gaud le Basel Wants- /ends Walker 1484 NW 58 7ecie Duplae-vacant 00 JI693-9190 39,707 823900 85,003 83,800 85,000 96, 11 a25 21 Vaasa Pi rra'r111, Stammer 1 or 2 6f 1f2703 8:3163 CFN#20040917291 Book227441Page3050 "List 2' Nadel City Trust Vacant Properties with Buildings t - -i, _ -1 - ,- ..; ;t: .. '1i� .ti 1501er ![aoof� atts'--ice- z7,.:. ,i - ,• .. - r-`.e -1;-.. it' ' � 11ddreas `. ..i'`•(r• _ •,• . _ --r` _ ^ ": ,,--;_ ".'./ { If:': 1 AK _ _�• •- ( _ •F _ 0it ' . _ . 4alna __:.,..ram; - "; :, •'• ya'=.._..• J►ppr nit:, -'_,• ±I. • _ . • -- , Appr'.92r •. '_ _ __ - - - •- A r8Z 'o t6 -Apira]ea1s .• - - _•- `-P rchasa__ : urine:`,- i- - _ _ _-'!s74 :Lq�b =' sirerii= �iSW 1 Awe - •ind e. •>�sa-. - - Pfic - 242 Rithatd 8n Hattie 9/Maul.; 1307 NW 58 Street 12uylex .w.sana 13051 621-6672 42,502 55,000 63,000 59,000 67,800 67,850 50 - 344 Kenneth,. Hut14 1305 NW 58 Sinet 81ii* Pam•Vaaant 0051860-3278 34,272 6Q`Q001 62 61,250 62,500 70 437 7,937 410 thestenn lmeetmeat 160011W 58t3a 81ree1.- Singe Vam•ncent (785) 251-9531 63,762 75,000) 76,500 75,750 75,000 76,500 50,000 87,112 86 250 10e121 6 25D 682 & 053 Darold B What 1235 & 1349 1111.1 54 ST,laduat Bldg& wetanLlot 1954J 76D-7070 84,096 70.000 SOr00o 741 RcdyerJ0cm, Jr. 1501 NW54 Slzeet- MoeBalbling+raeant PM)251-9531 75,676 36,000' 36,500 36,250 41,687 41,657 0 543&744 Wyeaan Rabed.e 1521-25 NW 54th Street 0111ca Buiidiogfveearttkd (3054 3B9.4055 198,118 205,U110. 245.000 225,000 1 258,750I 256,750 O 749 _ 1�tsckBiLlk1q, Jr. 1613ttW54Street Motel-eas4uttaoe?SD •1 (3o5) 624-2865 57,082 120,030 144,25 192,125 146,032 151,944 5,912 826 Bay riew lane Trost. 1515 NW 62 lit-Vacen\ Mbir+luse 19055891.6776 64523 50,000* 57,000 53,500 61,525 61,525 4:1; Total 1.502,600 1092,500 1,750,7 1,767,125, 1,924,994. 2,032,19O S/1/2201 e:21 AM .21 v t PraFerVes Was Umlauts 2 d 2 Cr) 4- M0 W N co 0 CFN#20040917291 Book227441Page3051 • . ate' Cayh�. -. slam.'' rop.V& Met* ': 1461 NW 60 Street- 96 i Je i Mims occupied TOTAL • l Cworialtnpatr y' - Fboaglydc. ;� _ (786J 325 9419 "Lint ' Model City Treat Occupier Properties Log • 112,0D1 0 . - • 'OAO0 450,0 4e0,0u 450,000 1af1 • w 425,00D 425000 1, �oe'+e�sa P�Eoa,. 486,750 486,7513 463,730 480,750 0 0 8/1/2003 421Alt CFN#20040917291 Book227441Page3052 ADD IS-1