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Exhibit A 2013/07/11
VERSION A ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, THE PROPERTY LOCATED AT 144 AND 152 SOUTHWEST 8TH STREET, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF WEST BRICKELL VIEW, A MULTI -LEVEL APARTMENT BUILDING WITH SIXTY FOUR (64), ONE AND TWO BEDROOM AFFORDABLE HOUSING UNITS, IN ACCORDANCE WITH FLORIDA STATUTE 376,80 SECTION 2(B)(1-5); DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE EXPANSION TO THE EXISTING BROWNFIELD AREA BOUNDARY, AND TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION. ,.Body WHEREAS, pursuant to Florida Statute 376,79, of the Florida Brownfields Redevelopment Act, the State of Florida defines Brownfield Sites as real property on which the expansion, redevelopment, or reuse of the property may be complicated by actual or perceived environmental contamination; and WHEREAS, pursuant to said statute, Florida defines a Brownfield Area as a contiguous area of one or more sites, some of which may not be contaminated, and which have been designated by a local government by resolution, and such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other recognized economically deprived communities and areas, and Environmental Protection Agency -designated brownfield pilot projects; and WHEREAS, pursuant to Resolution No. 98-242, adopted March 10, 1998, Resolution No. 99-197, adopted March 23, 1999, Resolution No. 05-0117, adopted February 24, 2005, and Resolution No. R-06-0561 adopted September 28, 2006, the City Commission designated certain areas within the City of Miami ("City") to be Brownfield Areas, which were determined to have redevelopment potential that might be limited by actual or perceived environmental issues; and WHEREAS, 144 and 152 Southwest 8th Street, Miami, Florida ("Property") is located outside of the current City Brownfield Area previously designated, and the Property owner is requesting that the Property be designated as a Brownfield area; and WHEREAS, pursuant to Florida Statute 376.80(2)(a), of the Florida Brownfields Redevelopment Act, the local governing body shall evaluate the statute criteria as the basis for approving a designation, and notify the Florida Department of Environmental Protection, and the Miami -Dade Department of Regulatory and Economic Resources for amendments to the existing City Designated Brownfield Area; and WHEREAS, according to Florida Statute 376.80 Section 2(b)1-5, a local government shall designate a brownfield-area under the provisions of the statute provided that: (1) a person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the site; (2) the rehabilitation and redevelopment of the proposed brownfield site will create at least five (5) new permanent jobs, however the job creation requirement does not apply to a redevelopment that will provide affordable housing, creation of recreation areas, conservation areas, or parks; (3) the redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations; (4) notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation, and the notice is in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area (occurred on January 8, 2013); and (5) the person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site; and WHEREAS, the City Commission has determined that the Property to be also known as the "West Brickell View" development has met the criteria to be designated as a Brownfield Area; 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 adopted by reference and incorporated as if fully set forth in this section. Section 2. The Miami City Commission approves the designation of the Property to be also known as the "West Brickell View" development as a Brownfield Area. Section 3. In accordance with the Brownfields Redevelopment Act, Section 376.80(2)(a), Florida Statutes, for Brownfield program administration processes, the City Manager is directed to notify the Florida Department of Environmental Protection and the Miami -Dade Department of Regulatory and Economic Resources of the expansion to the existing brownfield area, and to undertake any other necessary related procedures, notices, and requirements for said designation. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} APPROVED AS TO FORM AND CORRECTNESS: JULIE BRU CITY ATTORNEY .Footnote {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Brownfield Area Designation Request West Brickell View 144 and 152 SW 8th Street THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Dil4Bence, Development, Brown fields, Cleanups & Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (305) 777-1680 Facsimile: (305) 777-1681 www.goldsteinenvlaw.com Michael R. Goldstein, Esq. Direct Dial: (305) 777-1682 Email: mgoldstein@goldsteinenvlaw.com December 28, 2012 Via Email & U.S. Mail Mr. Johnny Martinez, City Manager City of Mliami 3500 Pan American Drive Miami, FL 33131 Re: Request for Designation of West Brickell View, 144 and 152 SW 81h Street, Miami, Miami -Dade County, Florida 33130, Folio Nos. 01-0205-070-1060 and 01-0205-070- 1070 (the "Subject Property"), as a Brownfield Area Pursuant to Chapter 376.80(2)(b), Florida Statutes Dear Mr. Martinez: On behalf of West Brickell View, Ltd. ("\VBVL"), we arc pleased to submit this request for designation of the Subject Property as a brownfield arca pursuant to Chapter 376.80, Florida Statutes. When developed, the Subject Property will consist of 64 one- and two -bedroom units ranging in size from 639 — 939 square feet. This important project, which will offer critical housing on an affordable basis, is situated in a neighborhood desperately in need of redevelopment as evidenced by the fact that it is located in both an IRS Section 43(d)(5)(C) Qualified Census Tract and a Neighborhood Stabilization Program Target Area designated as having among the highest levels of poverty and unemployment. To that end, the units at West Brickell View will be provided to households earning up to 60% of the County's median income, with an additional 10% of the units being restricted to households earning no more than 28% of the County's median income. The National Association of Home Builders ("NAI-IB") issued a study in 2008 that analyzed the impact of affordable housing communities on the local economy. The NAHB study demonstrated that the first year economic impact of a 100 unit affordable housing community is $7.9 million in local income (wages for local workers and profits for proprietors and other small businesses in the area), $827,000 in taxes and other revenues for the local government, and 122 jobs. (00003446.DOCX. 1 ) Ir. Johnny Martinez, City Manager December 28, 20.12 Page 2 As noted above, West Brickell View is a 6 -unit development. Accordingly, it is estimated that this project - witll a S22 million capital cost - will therefore provide $529 28(? in taNcs and other revenues for the local government annually and over 78 jol.)s during construction of the project. Additionally, local small businesses \till also benefit annually, with carpet companies, Landscapers, washer/dryer companies, painters and other vendors hired to maintain the Subject l.'roperty. \\ Ii\' I.. is applying for a browllficld area designation because etivironlllCrltal assessment activities to date have documented multiple discharges of petroleum contamination adjacent or in close p.to::itnity to the Subject Property that impose a material level or regulatory, construction, health, and legal liability risk, severely complicate redevelopment efforts, and require significant time and money for technical and legal consultants to properly investigate and address. Accordingly, the designation, if granted, will allow VGr\L to access a relatively modest but still important state -based economic incentive to help underwrite the unanticipated and unbudgeted costs associated with managing the perceived environmental risk as well as, generally, to put the project to more certain financial ground. In this sense, the designation will not only play a critical role in the successful redevelopment of the Subject Property but also in the larger revitalization effort: for the community in �t=hiCh the Subject Property is located. [n light of these facts ,old circumstances, we respectfully request that the Office of the City Manager review the enclosed Statement of Eligibility and bring this application for a brown field area designation before the {ianti City Commission with a recommendation for approval. As you and your stall. evaluate the materials we submit today, please feel free to contact. us with am- questions Or should you require additional information. Thank you. \Vc- tartly yours, TI-IE GO.LDSTL LI r ENVI RONMENTAL LAW FIRM, P.A. Michael R. Goldstein ;'n rg Encl. cc: Alice Bravo, Assistant City Manager \1'cst Brickell View, (00003446 DOCX. 1 } Attachment A {00002394.DOCX. 1 } Brownfields Designation Eligibility Statement West Brickell View Apartments 144 and 152 SW 8th Street, Miami, FL 33130 Folio Nos. 01-0205-070-1060 and 01-0205-070-1070 The proposed development and construction by West Brickell View, Ltd. (the "Applicant"), of the West Brickell View Apartments (the "Project"), located at 144 and 152 SW 8th Street, Miami, Miami -Dade County, Florida 33130, Folio Nos. 01-0205-070-1060 and 01-0205-070-1070 (the "Subject Property"), as more particularly described in Exhibit A, satisfies all five of the applicable Brownfields designation criteria set forth at Section 376.80(2)(b), Florida Statutes, as demonstrated herein. I. Analysis of Five Main Statutory Criteria for Designation 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes § 376.80(2)(b)(1) provides that "[a] person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site." The Applicant satisfies this first criterion in that it owns the Subject Property, is requesting that the Subject Property be designated a Brownfield, and has agreed to redevelop and, as necessary, rehabilitate the Subject Property. Copies of the Warranty Deeds for the two parcels comprising the Subject Property are enclosed as Exhibit B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes § 376.80(2)(b)(2) provides that "[t]he rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the rehabilitation agreement or an agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks." The Applicant satisfies this second criterion in that the total capital cost of the project is estimated at approximately 522 million, with a material portion of that amount being spent .on local labor, contractors, consultants, construction materials, and impact fees. Furthermore, it is estimated that the Project will generate approximately $529,280 in local real estate taxes and other fees and revenues. When fully developed, the Project will have supported over 78 temporary construction jobs. Such job creation will result in the payment of significant payroll taxes and salaries, which, in turn, will benefit the local economy and increase the productivity of the area. (Because rehabilitation and redevelopment of the Subject Property will provide affordable housing as defined in Florida Statutes § 420.0004, there is no permanent job creation requirement.) 3. Consistency with Local Comprehensive Plan and Permittable Use Under Local Land Development Regulations. As the third requirement for designation, Florida Statutes § 376.80(2)(b)(3) provides that "[t]he redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations." {00003444.DOC. 1 } The Applicant satisfies this third criterion in that redevelopment of the Subject Property is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations. In fact, the Project has already received site plan approval and all related development approvals. Evidence of Site Plan approval can be found at Exhibit C. 4. Public Notice and Comment. Florida Statutes § 376.80(2)(b)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subsection must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area." The Applicant satisfies this fourth criterion in that it contracted to post the requisite notice at the Subject Property and publish the requisite statutory notice in the Miami Herald. Notice by posting will occur on December 28, 2012, and by publication on December 30, 2012. In addition, the Applicant will hold a community meeting on January 8, 2012, at a publically accessible location in the vicinity of the Subject Property for the purpose of providing those receiving notice additional opportunity for comments and suggestions about rehabilitation. For a copy of the notice to be posted and published as required by statute, please see Exhibit D. Evidence of actual posting and publication will be provided to the City once both forms of notice have been completed. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes § 376.80(2)(b)(5) provides that "[t]he person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment plan." The applicant satisfies this fifth criterion in that it has secured all of the capital necessary to fund the project, including but not limited to $20,400,000 Low Income Housing Tax Credit Equity from Florida Housing Finance Corporation and $870,000 in local subsidy provided by Miami - Dade County. II. Definition of "Brownfield Site" in Chapter 376.79(3), Florida Statutes Although the five criteria discussed above do not expressly reference contamination as a specific element that an applicant must demonstrate in order to be eligible for a designation, such a requirement is inferred by the multiple references to the term "brownfield site" throughout Chapter 376.8O(2)(b), Florida Statutes. A "brownfield site" is defined by - Chapter 376.79(3), Florida Statutes, to mean ". . . real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination." Accordingly, the key element of this final level of analysis is whether the Subject Property can be said to fall within the definition of a "brownfield site." That is, do the facts demonstrate that either actual or perceived contamination has complicated, is complicating, or will complicate expansion, redevelopment, or reuse? In this instance, the close proximity of two retail fueling stations with documented contamination in soil and groundwater and the significant and very real complications they pose for redevelopment and reuse answer the question in the affirmative. (00003444.1DOC. 1 } "Brownfield Site" Analysis The facts here clearly evidence that the Subject Property falls with the definition of the term "brownfield site" as set forth in Chapter 376.79(3), Florida Statutes. Specifically, a review of applicable environmental regulatory agency databases reflects a history of spills and contamination discharges in close proximity to the Subject Property. We discuss two such incidents in particular that have created acute regulatory, legal, construction and budget risk for the Applicant. First, as reflected by the records enclosed at Exhibit E, in June of 1987 and April of 1993, significant discharges of petroleum related products occurred at a Citgo fueling station directly adjacent to the Subject Property at 190 SW 8th Street. The Citgo was reported to contain three 10,000 gallon gasoline underground storage tanks ("USTs") and one 1,000 gallon waste oil UST. Due to the financial status of the responsible party and funding limitations at the state level, no adequate investigation of the extent of contamination or off - site migration has ever been performed and the commencement of cleanup is not anticipated to occur at any time in the foreseeable future. In the meantime, contamination in the subsurface continues to spread unabated. Although it is not clear whether the groundwater contamination has actually migrated onto the Subject Property, given its proximity to the source of the release, such a result appears at the very least plausible and has placed significant financial burdens on the Applicant to plan accordingly. Moreover, in the event that impacts from the petroleum discharges are, in fact, encountered by the Applicant during development, yet additional significant costs (and perhaps construction delays) will be incurred to properly manage contaminated media and construction effluent. This contingency planning adds to the expense, complication, and legal risk of the Project and goes to the heart of environmental perception risk that the Florida Brownfields Program was enacted to mitigate. Second, as reflected by the records enclosed at Exhibit F, a release of petroleum contamination into the environment occurred in August of 2003 at an Exxon fueling station located within approximately 300 feet of the Subject Property at 720 SW 2"a Avenue. The Exxon facility reportedly contained three 10,000 gallon gasoline USTs at the time of the discharge. Specifically, on August 17, 2003, it was discovered that an estimated 2,000 gallons of gasoline was discharged from faulty product piping at the Exxon site. Site rehabilitation activities are ongoing but petroleum impacted soil and groundwater remain present. The close proximity of a second contaminated gas station creates yet additional complication and risks for development of the Subject Property, including risks associated with perceived human health exposure issues and market acceptability by the Applicant's targeted demographic. Ensuring protection of human health and contracting for assistance by qualified environmental professionals in order to provide clarification and reassurance to future residents regarding contamination and regulatory matters adds a layer of significant expense and complication that would not be incurred at a "greenfield" property. The Applicant has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at Chapter 376.80(2)(b), Florida (00003444.DOC. I ) Statutes, including the threshold requirement at Chapter 376.79(3), Florida Statutes, incorporated by reference at Chapter 376.80(2)(b), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." {00003444.DOC. 1 ) Exhibit A {000o1271.DCcX.1 } Legal Description West Brickell View Apartments Lots 6 and 7, Block 57 South, CITY OF MIAMI, according to the Plat thereof as recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -Dade County, Florida, LESS: The North 10.00 feet thereof. { 0000345I.DOC. I ) Exh.ibit B {00001271.Docx.1 } 111111111111111111111111111111111111111111111 CFN 2012R0639533 OR Bk 28263 P95 4303 - 4300 12assi RECORDED 09/10/2012 12:01118 DEED DOC TAX 4'750,00 SURTAX 7,312.50 HARVEY RUVIH► CLERK OF COURT HIANI-DADE COUNTY' FLORIDA Tax Folio Number: 01-0205-070-1060 WARRANTY DEED This Warranty Deed made the 6 day of September, 2012, by 144 SW 8 Street LLC, a Florida limited liability company, hereinafter called the grantor, to WEST BRICKELL ViEW, LTD., a Florida limited partnership, whose post office address is c/o The Richman Group of Florida, Inc., 477 S. Rosemary Avenue, Suite 301, West Palm Beach, FL 33401, hereinafter called the grantee. Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Miami -Dade County, State of Florida, viz: Lot 6, in Block 57 South, of CITY OF MIAMI, according to the Plat thereof, as recorded In Plat Book "B°, Page(s) 41, of the Public Records of Miami -Dade County, Florida, LESS: The North 10.00 feet thereof. Subject to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, provided this reference shall not serve to reimpose same, and taxes for the year 2012 and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have end to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell end convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said grantor has signed and sealed these Book28263/Page4303 CFN#20120639533 Page 1 of 2 presents the day and year first above written. Signed, sealed and delivered in the presence of: 144 SW8 Street, LLC. BY — — :74% WITNESS [[ +J Lord M. Toussaint —Sole Member/Manager (Q0.�`j� k k tt'l /9Zr$sP/Ci '4r t- PRINTE9 SIQNATURE iy, ,; POST OFFICE ADDRESS OR BK 28263 PG 4304 LAST PAGE WITNESS 71/9 MY/ Ot2 PRINTED SIGNAT STATE OF FLORIDA COUNTY OF MIAMI-DADE 1 HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LORD M. TOUSSAINT, as Sole Member/Manager of 144 SW 8 Street LLC, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. / WITNESS my hand and official seal In the County and State last aforesaid this (12 day of September, 2012. This Instrument Prepared by Gary R Martin, Esq. 250 Catalonia Ave. #303 Coral Gables, Florida 33134 Notary Signature R Printed Notary Signature arvrrri k11 O da*... 1 CO2Z $97 DPWE$Deasnbtr5,2013 eM+ ATamuofaywnro ,rrrs Book28263/Page4304 CFN#20120639533 Page 2 of 2 111111111111111111111111111111111111111111111 CFN 2012R0639534 OR Bk 28263 Pss 4305 — 4306; (2vss) RECORDED 09/10/2012 12:01:18 DEED DOC TAX 9r750.00 SURTAX 7r312.50 HARVEY RUVIN, CLERK OF COURT IMIAflI—DAOE COUHTYr FLORIDA Tax Folio Number. 01-0205-070-1070 WARRANTY DEED This Warranty Deed made the 6 day of September, 2012, by 152 SW 8 Street LLC, a Florida limited ]lability company, hereinafter called the grantor, to WEST BRICKELL VIEW, LTD., a Florida limited partnership, whose post office address is cfo The Richman Group of Florida, Inc., 477 S. Rosemary Avenue, Suite 301, West Palm Beach, FL 33401, hereinafter called the grantee. Wrtnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee all that certain land situate in Miami -Dade County, State of Florida, viz: Lot 7, in Block 57 South, of CITY OF MIAMI, according to the Plat thereof, as recorded In Plat Book "B°, Page(s) 41, of the Public Records of Miaml-Dade County, Florida, LESS: The North 10.00 feet thereof. Subject to conditions, restrictions, reservations, limitations, easements, zoning ordinances of record, provided this reference shall not serve to reimpose same, and taxes for the year 2012 and subsequent years. Together, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land Is free of all encumbrances, except taxes accruing subsequent to December 31, 2011. IN WITNESS WHEREOF, the said grantor has signed and sealed these Book28263/Page4305 CFN#20120639534 Page 1 of 2 presents the day and year first above written. Signed, sealed and delivered in the presence of: WITNESS A ,j„t _ tid I r4 gill PRINTED SIGNATURE t�l — 0g? fibttin PRINTED SIGNATURE STATE OF FLORIDA COUNTY OF MIAMI-DADE OR BK 28263 PG 4306 LAST PAGE 152 SW 8 Street, LLC. BY Lord M. Toussaint --Sole Member/Manager /qs-s' 6m c, zc 7 f-7f.4f/, POST OFFICE ADDRESS 1 HEREBY CERTIFY that on this day, before rne, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared LORD M. TOUSSAINT, as Sole MemberlManager of 152 SW 8 Street LLC, to me known to be the person described In and who executed the foregoing instrument and who acknowledged before me that he executed the same, this 6 day of September, 2012. This Instrument Prepared by Gary R Marlin, Esq. 250 Catalonia Ave. #303 Coral Gables, Florida 33134 WITNESS my hand and official seal in the County and State last aforesaid Notary Signature 6 try [4 )44_14(14 Printed Notary Siature GARYR & Alm BRAES: Deoembe/ 5, 2013 &MeaThuNo nPut* *Waseca Book28263/Page4306 CFN#20120639534 Page 2 of 2 Exhibit C 00001271.00«.1 } 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL FOR MULTIFAIIELY DEVELOPMENTS NameofDevelopment: Apartments1Yat13rtCkeliView cut m.Al.ottlr let t thasinal eyrie 4pyntlog) 144 SW 8th Street, Miami and 152 SW 8th Street, Miami Development Location: (At a eniolmsaq pmride de address :misused by the United Stites Pastat Scn ice, ioehtdtng the address mtmba, urea name and a1y, oritthe ate beam! yet been assigned, provide p) the Rred tome, clonal deslgmted intersection and city it larded uithfaa cityor (IQ the street aamq closest designated Wasotttaa and county Mona led in the unincorponfed area oldie county.) Zoning Designation: T6-24-O Mark the applicable statement: I. 0 The above -referenced Development is new construction or rehabilitation withnew construction mid the final site pine, in the zoning designation stated above, tuns approved on or before the Application Deadline for the 2011 Universal Application Cycle (as stated on the FHFC Website httpJ/aPps.floridnftonsing.org/StandAlonc/FHFC ECM/Con tentPage.aspx/PAGE=023 8) by action of the (Legally Att>berfzed Tlodys). The above -referenced Development is new construction or rehabilitation with new constnrction and (i) this jurisdiction provides either preliminnty site plau approval or conceptual site plan approval which has been issued, or (iii) site phut approval is required for the new construction work; however, this jurisdiction provides neither preliminary site plan approval nor conceptual siteplan approval, nor is any other similar process provided -prior to issuing final site plan approval. Although there is no prelint iaiy or conceptual site plan approval process and the final site plan approval has not yet been issued, the site plan, in the zoning designation slated above, has been reviewed. The necessary approval/review was performed on or before the Application Deadline for the 2011 Universal Application Cycle (as stated on the FHFC Website http://apes.floridahousiug.org/SiandAlone/FHFC ECM/ContentPage.aspx2PAGE=0238) by Office ofZontog ((egaay Authorized Body`) 3. Q The above -referenced Development, in the zoning designation stated above, is rehabilitation without any new construction and does not require additional site plain approval or similar process. ' "Legally Authorized Body" is cot m indivddtu(. Applicant must sure the name ortbe Cry Cousin. Cowry Cammisslo . Bond, Department, Dis{sioa, etc, with authority met suds rushers. CERTIFICATION I eertifmitt City •testy of Main has vested in me the authority to verify status of site plan 'p vat 0:111ssefCnyereocael9 •as specified abo ' and I ft.rtber certify that the information stated above is true and confect. Batwnby Min, Zoning Administrator S. ire Print or Type Nacreand Title 1 This certification roast be 1, d by tn.applicable City's at Cc cly's Director of Planning and Zo1d Z. chief appointed offieist (sub tespemsbte ter detersataaiiod of issues ted elfin sppeovat. City ?Amager. or Camay 1faaaga/AdosinlsuatordCoerdiaat r. Signatures Bono Focal elected aerials are true ucepeabfe, nor are tones. U. this «rdfkatioa is applicable to this Development sad it B huppropisiety apt* the AppllnUoa tilt till to mett ttuesba:d. it den coeraias corrections at 'white -out'. et it it h :escoed, imaged, awed, fir retyped. the tbrm will Dot be considered and the Apptiatio talc to mat threshold. The or niflenion maybe pbotecopld. 016 (Rev. 2-11) 67. 1.osicIXak 67.21.e03pXa), FAC. Provide Behind a Tab Labeled "Exhibit 26" •Exhibit D {00001271.00M 1} NOTICE OF PROPOSED BROWNFIELD AREA DESIGNATION REPRESENTATIVES OF WEST BRICKELL VIEW, LTD., WILL HOLD A COMMUNITY MEETING ON TUESDAY, JANUARY 8, 2013, FROM 5:00 P.M. TO 7:00 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT THE POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 144 AND 152 SW 8TH STREET, MIAMI, FLORIDA 33130, AS A BROWNFIELD AREA PURSUANT TO §376.80(2)(B), FLORIDA STATUTES, AND ABOUT DEVELOPMENT AND REHABILITATION ACTIVITIES ASSOCIATED WITH THE POTENTIAL DESIGNATION. THE COMMUNITY MEETING WILL BE HELD AT THE HAMPTON INN BRICKELL, 50 SW 12TH STREET, MIAMI, FLORIDA 33130, AND IS FREE AND OPEN TO ALL MEMBERS OF THE PUBLIC. FOR MORE INFORMATION REGARDING THE COMMUNITY MEETING, INCLUDING DIRECTIONS, OR TO PROVIDE COMMENTS AND SUGGESTIONS AT ANY TIME BEFORE OF AFTER THE MEETING DATE, PLEASE CONTACT MICHAEL R. GOLDSTEIN BY TELEPHONE AT (305) 777-1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A., 1 SE 3RD AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND/OR BY E-MAIL AT MGOLDSTETN a GOLDSTEINENVLAW.COM. (00003455.DOC. 1 Exhibit E (00001271AOCX.1 } Depart:ant of Envircrr=ental Reguia EARLY DETECTI IZH I SCEN IYE sa ROTIF/WIEN APPLICATION Ueo thin fors to notify the Department of Environmental Reg lotion of petroleum contamination problems. This fare is required to determine eligibility for the EDI program. FOR NOTIFICATION PURPOSES QitY. PLEASE PRINT OR TYPE Put *X" whet* gnawer in unknown_ +3 ► P GI 1. Buslraaaf5ite Nana: l ptf}- 0, . t++ a ,t4'74' 1 Business/Site Operator: nr Q, 1-44ePr,As Business/Site Owner: CA0,11-- j,"1 1a Tilt, Property Owner: ^� �f1, 's e Buaineas/Site Address: `q D \ g 3-ttic, - +,Q r i Mailing Acdresa:O PV}e C A, Tvtt 1 •i�Rol\ Yn f ,,41' . ! 4 )� 2. Data of discovery: 6P 3. Have you previaualy reported this discharge to DER? If yea,date of report end to whom a. Method of initial discovery (circle one only) A. Automatic detector In grour4, aanitaring E. Inventory control well, ar containment F. Odor ar visible signs et facility ar in B. t(PA 329 test (undergrcurd tarica only) vicinity Mamma: teat of scnitcring voila (s) G. Other (cplain Eeptying and inspection 5, Eati.aated rsshar of gaiirxa lost: .4K 1 What part of the storage syeten is leaking? (circle gII that apply) A. Diepen er B. Pipe C. Fitting D. Tank E. Overfill Urknakn Cause of leek (circle aiI that apply) Ploinu Tank 0 Unknown B. Spilt G. Split 3. Installation failure C. Lease Connection H. Corrosion P. Overfill D. Other I. Puncture O. Accident R. Other If a tank is leekirq, circle the Choices which describe the type A. Aboveground E. Barg or asphalt-ocated steel I. TLprested currant typo B. Factory welded F. Fiberglass -clad steel 3. DouhIe railed C. Field erecter G. Fiberglaoa K. Abandoned ar cut of aer ion D. Undarg=nd N. Sacrificial anode type H. Other or unknown Type of product discharged (circle one) A. Leaded gasoline - K Kerosene B. Unleaded gasoline titled. ofC. Oasahci ar aleatial-enriched gasallna mtrathese � ikYli D. Vehicular diesel Y. Other E. Aviation fuel Z. Unknown { j DCA Facility Rim ntr --•;•, ,.nK Baer BUREAU OF RESTORATtOU 12. TO THC HEST Ei MY KNOkLEDGE LC BELIi-,- ALL I}F•ORSATIC:Y 9.EHITiED 0.V THIS FORK IS TRUE, ACCURATE AW COF{PtETE. v • • �j. t ' Florida Dcpartmt.:: of Environmental Rcgulati :. - Twin 7Gwcn Orrice IIlda o 2Gao owl store Road o TSltahuscc. riunc1 52399.24oz, t Discharge Reporting Form ,--'� aw..p. J*Q Fan r..�. �.. Nte-c.r n nru Use this farm to nary the Depanmenl d Errnronnenlat Regulation Cd 1 Results d tank tightness testing that exceed aroicatle tderances wrthrn ten days cl recap cl lest resort. 2 Peircte m discharges eCoockng 25 gapes co penicks surfaces as descnbed to Section 17.761 450 F A C rr.3tn one wceet- g day d dscoveys 3 Hrsrardaus substance (CERCI.A regtlated). dscharges exceeding aprlcade repertat le duant_ves what irdted to 17.761460(2) PAC.. valhut one working day al the cscevery 4 Within one worlung day d dtsecvery of suspected releases cattumed by (a) released regulated substances or pcIutar>is discoveted xi the suuo indtng area (b) unusual and unexplained storage system operating condrt,ons. (c) montonng re le.; tram a teakdetection method os train a tank closure asse.,s nenl that indeale a release may hale occurred. or (d) manual lank gaugtng resuils for tanks d 550 gas or less. e>weedrng ten salons per weekly lest or r e galons averaged vier tour consecutive v.eekly tests. Mail to the DER Drstria Ofrra to your area I;ded an the reverse sde d this tc:m PLEASE PRINT OR TYPE j Complete art apptrcabde blanks 1 DER Faokty ID Number 13 S5O L 11 2 Tank Number a Dale- .41Q113 4 Fatality Name Fay Owner or Operator v'' n SA ( nett _ Far -tills/ Address Teieytore Num'+r..r IjQS (11 �1 '9'59 t County- ZPOS Mal ng Address: P. d . yi (fl t Pit & Date d tece+pt d to 2 results or dsscaeery — 3°— e f 3 a Method d tMral discovery (cede one only) A. Liquid detector (automatic cr. manual) B. Vapor defector (automatic or manual) C. Tightness lest (underground tanks only). 7. Estimated number of gallons discharged: rY\.ica &Itto 0. Emptying and tn=speciicn. E. lrnentory coned. 3" a What part d storage system has Leaked? (circle all that apply) 9. Type at regulated substance &charged. (orCa one) A_ leaded gxsotine ll v,=I'tr_ular dosed Lr used/w...xe al c)unleaded gasoline F. aviation gas M. diesel gasiohd G. let fuel Q ne cube oil tnantNdaytye r ° Vapor or vls tie s n d a discharge rn the tiibr G. Closure lexFfal H. Other S" �`'- ins f'teausz. A. Dispenser 8. Pipe C. Fitting 0. Tank ()Unknown V hazardous sutsarce rciudes peVapides, unmade. chicane and derive (write in mme cr Chet :,rval Atdratz Service CAS number) Z other (wide et name) t0 u.se d teak (circle all that apply) ,iP Unknown C. Loose connection E. Puncture G. SO t Other (sp 7f) 8. Split Q Corrcksran F. Ire -alarm (azure H. Overfdt 11. Type d rrnaneal respcnsitay. (circle one) A. Third pasty insurance prarided by the stto insurance contractor C. Not appleable VSelf.lr:surance pursuant to Chapter 17-7695A0 PAC D. None 12. To the beat at my knowledge and ballet tit lntvrrnaUon submitted onhLL form la true, accurate, and complete. Printed Name of Owner. Operator or Authorized Rear entaeve +baita pee ce.._-... Co *too, nits tin, sn. iV . Y ins tn-.w....r s.os s ma -•1s*. ,aasrTa Grow 15....1 era lacy. 0.0 Sat lJ 0,.-ea nos INC! ry Sgnalure of Ownez Operator or A ized Represen:a•,ite sat... t+.o that Cai.r Ste tr.. rb.i SC 0154 rot 15..0 rria .an Yoft .e♦ aS. ?NI $.RA., D+a MO $Cove Aw S..oa •.. *n &ma..t ra DCit SW 2nd AVENUE SW 8f.h STREET ASPHALT NW-13 TN-0 x'••. IIW-14 RW-1 NW- 19 A-? 4.85 tt-6 4.02 ux®a L- -=` ASPHALT LEGEND ti0 MONITOR WELL X RECOVERY WE11. SURFACE DRAIN FUEL DISPENSER ISLAND —4.79 — WATER TABLE ELEVATION FLOW DIRECTION )M Qp 4.85 DL4CRtP11O SCALE 0 t1 WATER TAM ELEVATJOP WELL MIT -1 MW-2 Mir -3 MW-4 MW-6 NW-0 WIT-7 WIT-0 -e MW-10 MN-11 MW-!3 MW-34 MW-10 MW-20 MW-21 FEET 4.02 4.02 4.51 4.03 4.05 4.02 4.00 NA 4.03 4.01 4.03 NA 4.00 NA 4.04 4.02 NA FIGURE 2: GROUNDWATER ELEVATION MAP 00/0!/04 P!RPAR[D run C}}EQQVWWRON 147 07 1 109 MI.OF LORIDA ET MIA IT C 0111,OtuT10N Lsi _l Ali) ,...,....d, 2nd AVENUE SW 8th STREET ASPHALT -13 ND NO T^1-0 770 X '' 141-14 (2,070 -1 I ND Mlt- ID 0 CY.304Ta_.) 41>. MW-0 13) IIW-- 10 WWW-20 _ ASPHALT LEGEND ® MONITOR WELL X RECOVERY WELL SURFACE DRAIN FUEL DISPENSER ISLAND 00 lily/ VIM ASPHALT NW-7 i MYTH01 3- CDXPOUWO DENZENE CONCENTRATION ()rg/L TOTAL VOA CONCCNTRAT10N1 Jiy�g W WEE CONCENTRATION ((lJ�188 nzv DATE APPJtOYED SCALE Ott J FIGURE 3: TOTAL VOA CONCENTRATION 00/01/04 PR'APARJm rob CHEVRON 047871 190 BT 0th 3�TTRpEE1 MIAMT. FLORIDA gluon yarenal Exhibit F {00001271.DOCX. 1} y f�c 11- or/43 - Storarge Tank System Leak Autopsy Report Form 1/ Please duck all blocks flat apply 5u the mike fame Illiattmlien /r Fscfiyt Nance - Facility ID Number County OrenerfOnandor Kama • 1`Vc Clvoa40 Wrr"P'"'i'r' 9401093 !3 •ICE t.Soll e5 theatem rnfomtatton Mt the Time of Release% Ik Tank type Mega Tank Aboveground Stoma Tank LUnderground Field Abovegromd Storage Tank Tank Installation Dater ❑ Si 02. t Tank Meneltittuer Name: XF • tirro NNamep • w :,'' 1 4i bnatst[aticn Date r 11 n u e Galvanized Steel Fiberglass Ce° 0� _Concrete glee (Note if tidos:wn) (Note If Unknown) (Nate If Ustknown) (Noteff) 444."2441 Vtpartfcatnriril:#futon'FRP Eatininfiantall Please check all blodrt that apply ibr the entire soar P41.("1 zia,a001 u '1. n 0 0 Other Attributes Sacrificial Anodes CaredImpressed Internal Lining Single Waft Double Wau (ewe material) Doubts Well (different materiel) Seconder" Cantaffirre t with a finer Otter Approved (Tank Madders. etc.) Compartmented 0 D 0 Ancillary Equipment spill Conbaburtentikdret ko Spizl Containment Unkcsosarn Over® Ran 13au CM* Valve Fiow 8ttaic off No overffi1 Protection Unknown 1:1 Material Steel Concrete 0 Other Attrtbotee t5 n Polyethylene Synthetic Approved Cut and Cover Unkrst vm 3 Synthetic finer beneath tank (SC) Conaeie beneath tank (SC) Double Was Internal Secondary Contadtment Other Approved Secondary Containment Single Wall 0 L' Anditillnt OverfillP Flew Shut -Oft 0. D 0 Alarm System Gauges Other No Fhotec cn Spill Cont. (for Stcp- FprobrisperierIcaTital:ent a 11 r trnpressad Current system Synthetic Dike Field Uttar Concrete Dice Raid Weer 0 0 Outer Approved Duos Flaidl.iner =8 ont$tmasnt an?und No Dike Field Secondary Containment pfoInn —A8T or UST Material Other Attributes Lanciliary Wonted 430ineW7eiPectePeteCI As, +»ulo mom sPoPWd etiMlsa0 eetePeed spuo etuguituv— ePenedete0 euisq EN:IPPed 4n 7 e110 [(Mega 9 p P Me* Eartratsqns snapszeH u Ram pad tesel0 buaamwa letieseD BBB eaRelAY r. r, 1Z RPMT umele4ed P1� ameetil De ecieUmBN euteemeen a emitter 1F.I 1BSeX) 0 to n1 en.tutosip eyuutagnsf pe38i Ai soqam piano (e)ilase ARM OtrAPPO 0 Des ITV 25f1 Q$ PrarETEPIRI II pU Ba> t I 1''r�e0�0'-L :oe suo�ie w I N A9uO Sao IW $ a .enraspepA Peleigew p ) Jo 0000.1 Wet ;0 WPM ;0 gm rammormaapig ePaPeW Demilethe xe90 neXPetea MI Mtn can I83juEsPetsi OPOI eletelkid ei1ei aino>seu j eSeWM e y stemoodsul IiA MOIMPvl l segatd euuogyJeckA, BIM thetetrueilSBA, eseM 0 0 11 G U 0 0 0 %Weil PeAmeldWet90 wars.( 814104000111018 )1001 swag elfteD euogrodeel lilt itotoutpel se9dd ei4r Pell 4009A� BRBM 014Jl1Wi JodeA ePM Be4>eieeNi J u 0 0 u 0 0 warm peAcuritermao r e edetglsee7A etv WeeD We/ P eeel9 0 e> l • U 00 fon C cpeM Bultcquoil act f mug ettisB/rg _tBiea�4 =0 &wpm 189 outdid mosmui ;Lev uzifurialtirt Je:BM ecie R S 3e"Q LOVAVeleep 3 G I; IIMIMMEK detect Veal sun aN woman ��n (UT» m4oe400� BeAreA n male► IBsp OteUra WROIaWn 9d1un8 Buictki ON 0 r• 0 u Pld >iTTS Papi?9WBW uopng esn Wmot Once PediON :I L' r 1 —1 0 0 L' G awn 0 eduats tesuadela oN 0 ' (*hung seguedsto „AO Pezileeee Min oe tuatutuqueo 8 P .sBsRO neil a sHMPeeePtite0 AmixtcoeS ( PM eicleea y>�ssu euen PM egnoo PM 8049 mot Ateur0 Peen:dell eaPeuV P 83 1 :l 0 n uIAOlelek n PeYAO :7 29m91 ll9 i111 et8 Aei� ie0 seetuncEi n & wao mew u Ieeta PeaWBN) , 0 0 L'• 0 0 0 Cloture -In -Place Removal Installaden or Upgrade Priperty Vander Visual Olfactory Water in Tank Tank or LlneT ghbress T� Perforated for other Internal In swam n u 0 n 0 a r] Inventory Reconfian Manual Tank 3aug1rhg Groundwater Monitoring Vapor Nionitoring Secondaryfinterstftlal Mona Annual or Regularly Scheduled T Wetness TRe=y Annual or Scheduled 11ne Tlehtness Testing 31R ig/Mecuantcei LLD Hera LLD 0 0 r. 3✓) 0 0 0 ra Visual Inspection of Mrs Visual tnepect on of USTe Tracer technologies Bulk Product Piping Pressure Teals Technologi es OtherAppros+ed Methods Il n Welcome 0 AT3 Analytical teistaor samples a 0 Vapor Monftoling Probes Other Plc thy ngthod of Leak Detection retlad pre for corn etlence nu fall there 7 if ae. what was tha n _ielletprh_for oone�tiaa� Qun see att4.d� C4 of from a Bmaa Diameter Piping Shop-Fabdcated AST Feld -erected AST 0 0 0 0 0 0 UST Veal Line UST FM Ptpe USTTtnbtrhe Pump Vehicle Other Line Leek OeioCtor to r, n C C !Mk Product Piping Raabe Veins(ASTs) Pump (ASTs) Barge or Vessel Bulk Product Dock Pang (connected to AS'Ta) Hydrant Pft (AST systems) AST Vents :] ' Loose Component (der. piping comedian, bung, etc) u In�roper Inst flatkm n Corrosion n Spill n Vehicle Aocdsnt 1 Puncture o Oven C Physical or Madnarkel Dane ' MatertI Failure (Crack, snit etc.) I : Weather r;' Human Error 0 Matuatei lnoompetabll@r 0 Unknown r Vandatlam or felatIcloue Intent u Other _. C Flreaxplosten tilts:• tdenMad tltrge, _� J rBlCt nI 8entce Contractor 0 &cis Inspector 9"-f Local t3overihnent Inspector j Other Addttlenel Informal:ore fAtta h Photos If evetlebtel AFFLII.1A7ION: 11 1J OAS Onq MIAMI•DADE COUNTY, FLORIDA MIAM ENVIRONMENTAL RESOURCES mmokamorr POLLUTION CONTROL DIVISION aS 8.Yit � I Ardt, R.ORIDA 33130.1540 t 172-estr September 11, 2003 Marshall Mott -Smith Storage Tank Regulation Section Department of Environmental Protection Train Towers Office Building 2600 Blair Stone Road TsUai assee, Florida 32399-2400 Re: Flexible Piping Failures Dear Marshall: Attached please 5nd documentation for one flexible piping discharge and one flexible piping incident in Nrami-Dade County. If you have any questions or need any further information you may contact me at (30S) 372-6715. Enclosures (2) Sincerely, Christopher Caporale, P.G., Chief Storage Tank Section Discharge Report Form PLEASE PRINT OR TYPE Instructions are on the reverse side. Please complete all applicable blanks I. Facility ID Number (if registered): S "I 0 t CZ 1 DEPFc.-rn 62461.400rt1 FarmT'P1e Ritrf=ree Rana Form Efattivc Datr 2. Date of form completion: 0 2 / 03 3. General Information , _,. rr Facility name or responsible parry (if applic ble): `' • t,/ e t Y en,: 3 C co" Pc.t" ea —it d P Facility Owner or Operator, or Discharger. n t.. t( M o r e N 0 Contact Person: o r' r'i tar t N © Telenho a Number: ('5 t• ) Facility or Discharger M ling Address: �JV 4 tJt1 21 1L1, o rr�, f Location of Discharge (street address): 20 S act)-Je`th.clevk. [ Latitude and Longitude of Discharge (if mown) ie County: 4. Date of receipt of test results or J discovery of confirmed discharge: 0 ' 1-42- i Ca month/day/year 6. Discharge affected: [ J Air Soil XGroundwater [ ] Drinking water well(s) [ ] Shoreline 7. Method of discovery (check all that apply) [ J Liquid detector (automatic or manual) [ 1 Vapor detector (automatic or manual) [ 1 Tightness test [ [ Pressure test > StatisticalInventoryReconciliation [ 1 Internal inspection [ 1 Inventory control Monitoring yells ] Auton:niic tank gauging [ [ Manual tank gauging 5. Estimated number of gallons discharged: 2, O t0 [ ] Surface water (water body name) [ j Closure/Closure Assessment j 1 Groundwater analytical sarrple 1 1 Soil analytical tests or samples ( J Visual observation [ j Other 8. Type of regulated substance discharged: (check one) 1 Unknown [ 1 Used/waste oil ( [ let fuel 1 1 He ng oil [ 1 Neu/Iube oil 1 1 Aviation gas [ 1 Diesel [ 1 Kemscne . [ 1 Mineral acid • ?(Gasoline Ha rdous substance - includes CERCLA substances from USTs above reportable quantities, pesticides, ammonia, chlorine, and derivatives (write in name or Chemical Abstract Service (CAS.) number) (j Other 4. Source of Discharge: j 1 Dispensing system [ 1 Tank ( 1 Unknown [ 1Other (chec all that apply) [ Pipe 1 Fitting [ J Valve failure [ 1 Barge [ ] Tanker ship [ ] Other Vessel 1 U. Cause of the discharge: (check all that apply) ( 1 Loose connection [ ] Puncture [ 1 Fire/exp ion [) Overfill (Other " r P-a. c� e S r14 5 r o .e [ 1 Spit! [ ] Human error 1 J Pipeline [ 1 Railroad tankcar [ ] Tank truck [ 1 Vehicle [ .1 Airplane [ J Drum 1 1 Collision 1 J Corrosion j [ Vehicle Accident [ J Installation failure 11. ql.,ctlons takenqa response to the discparge. r v l c.-r U N La.r e A r{ljacai,t,cnl� p:p-t t 3 Q N or •3r- ?h-� [-4k p.z. . W a _RA a -c A..) �S 2 cz o LJ o- b5 IN.J 1 c c uJ x 1 t 1 -4.1 tJ 4 1 ke V, -4, 12. Comments: I3. Agencies notified (as applicable): [ 1 State Warning Point 1 1 National Response Center I -800 310-0510 1-800-424-8802 1 [ Florida. Patrol [ 1 FD 14. To the best of my' knowledge and belief, all Information submitted 'r0V13 A/IDLE-a° Printed Name of Owner, Operator or Authorized Representative, or Discharger acne ire eparLment. 1 DEP (district/person) (8001341-5367 County Tanks Program on this form Is true, accurate, and complete. Signature of Owner, Operator or Authorized Representative, • or Discharger Groundwater sample was taken from Monitoring Well #4. Note 2 % inches of free floating product (FFP). Monitoring wells #I,2,3, and 4 contained visible layers of l+rP. I observed no visible signs of contamination in MWs 5,6,7, and 8. INSPECTOR: Joelle O`Daniel SECTION: STS DATE: 08/25/03-08/26/03 SI 1 i= NAME: Five Group Corporation ADDRESS: 720 SW 2 AVE Poor Orig;nal Photo taken 08/26/03, this is the.removed section of regular grade product piping; section was from tank to dispenser 7/8. Note exterior coating of piping is no longer visible, Photo of westernmost sumof re_ lar :. de UST, facing EAST taken 08/25/03. Product piping that failed has been removed and feeder rope remains in secondary, 41, Poor Original CIMEISCCO2662613CALLEIKLICCIAWeiTheit Site Diagram: SW ST FIVE GROUP CORP 720 SW 2Ave ut/file: 4050/9813 49 0 3!3W 3/4 516 7!'8 03 07 06 �1 Ua2 dispenser eompl,anre mrnnitoningwell UT/File #: 4050/9813 NORTH Mark Barala EPA • 703-603-7141 $arolo.Marrkeeoamail.ena.gov Stephan F. tgtftksr, MS, CFEA, REPA 1iliflkerdilerrnl.net President Environmental Risk Management, Inc. 15248 Tarniaml Trail South, Suite 800 Ft. flyers, FL 33908 1-888-ENV-MGMT (368-6468) phone 1-239-41S-6406 fowl phone 1-239-415-6407 hp:simlle Atto://www.armf.ret1 Pat Rounds plrem ndsa o dates.com Iowa 51S-987-0061 Roland Riegel • EalwasLeillgalitusamin Frinclpal Engineer Flammable Liquids Containment Products 361StSNK-MEL Phone: 631-271-6200 Ext. 22421 Fax: 631-4394043 UL Web: www.ULcom 631-271-6200, x22421 Florida Statute 376.80 Brownfield Program Administration Process 6/10/13 Statutes & Constitut an :View Statutes : Online Sunshine Select Year: 201212 T i The 2012 Florida Statutes Title XXVIi I NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chanter 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL View Entire Chanter 376.80 Brownfield program administration process.— (1) A. local government with jurisdiction over the bro,rmfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77-376.86. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less -detailed map accompanied by a detailed legal description of the broNnifield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the "god _' _ n the resolution e 'l" except r!irl^ ���..;J s�_,l :.o0•�t . �_�,u:��n inaCCOrdence wlti'1 the procedures outlined in s. 166.G=1, that the notice for the public hearings on the proposed resolution must be in the form established in s. 41 (3)(c)2. For counties, the :over..ing body shall adopt the resolution in accordance kith the procedures outlined in s. 123.66, except that the notice for the public hearings en the proposed resolution shall in the �:on sha� be form established in s. 123.66(4)(b)2. (2)(a) If a local government proposes to designate a brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job oppo! unities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic nev ispapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. In determining the areas to be designated, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. (b) A local government shall designate a brownfield area under the provisions of this act provided that: 1 . A person who owns or controls a potential brownfield site is requesting the designation and has agreed 6/10/13 Statutes & Constitution :MfieV/Statutes : Online Sunshine to rehabilitate and redevelop the brownfield site; 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not.associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed1brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks; 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations; 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size; and the :notice must be posted in the affected area; and 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. (c) The desiignation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation gimp": entitles the identified person to negotiate a brownfield site rehabilitation agreement iti the department or approved local pollution control program. (3) When there is a person . e.spons bie for brownfield sitte rehabilitation, the local government must notify the department of the identity of that person. If the agency or person who will be:responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected -focal government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield -area, and others deemed appropriate. The person responsible for brownfield site rehabilitation , must notify the advisory committee of the intent to rehabiilitateand redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following, site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her know/ledge, -completed in substantial conformance with the plans and specifications approved by the department. ent. (c) A commiment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and consistent with the P-ownfie d site coontamination cleanup criteria in s. 376.81, including any applicable • ,e its cr nsK s• ec Corrective action. i T im_`rar yes to,r the d_o_. _ment's re'iiew/ of technical reports and plans submitted in accordance with the agreement. The department shall meke every effort ort to adhere to established as flay coals for reasonable _imeframes for review of such _a_uments. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within. the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent witih ss. 376.77-376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost-effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar offidal document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's 6/10/13 Statutes & Constitution :View Statutes : Online Sunshine agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timef rame specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90-day grace period shall not apply. if the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. '9) The departttme.nt is specifically authorized and encouraged to enter into delegation agreements with ocai pollution control programs approved under s. 403.182 to administer the brows field program within their iurisdictions. thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area. When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shalt consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated bro' infield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shall be specified in the delegation. The local pollution control program shah not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant to this subsection shall contain such terms and conditions necessary to ensure the effective and efficient administration' and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of Brownfield areas, to iheip eliminate the public health and environmental hazards; and to promote the creation of jobs and economic development in these previously run-down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better 5/10/13 Statutes & Constitution :View Statutes Online Sunshine measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding. sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been reihabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the ., Department of Health, as eppliCab e. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with Local health departments, coimrnunity health providers, and nonprofit or anizaticns, in evaluating the community heath benefits of brownfield Site rehabilitation and redevelopment. His5ory.—s, 4, cr... 97-277; s. 3 ch. 93•73; s,. 11, ch. 2000-317; s. 2, ch. 2004-40; s. 4-4, ch. 2005-2; s. 7, ch. 2006-291; s. 5, ch. 2003-239. Copyright 0 1995-2013 The Florida Legislature • Privacy Statement • Contact Us Review of Brownfield Designation Request Review of Brownfield Designation Request This review serves the purpose to report the evaluation and responses to Brownfield Designation Request Applications submitted to the City of Miami in December 2012 by the Goldstein Environmental Law Firm for the following development projects: • West Brickell Tower -1026 SW 2ad Avenue, Miami, FL 33130 • West Brickell View - 144-152 SW 8t' Street, Miami, FL 33130 • Vista Grande Apartments - 850 SW ?rid Avenue, Miami, FL 33130 The Goldstein Environmental Law Firm has submitted the applications to the City of Miami for review and official authorization to designate the three (3) subject properties as Brownfield areas for the purpose of obtaining incentives associated with the redevelopment of Brownfield Sites. According to Florida Statute 376.80: "if a local government proposes to designate a brownfield area that is outside communiy redevelopment areas. enterprise zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance ,vitJ the reouirements of subsection (4 except at least one of the public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public inoout on thesize of the area, the C jectivesforthe rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' consideration, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general T circulation in the. area and the notice must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual hearing.." The City of Miami has a current Designated Brownfield Area which excludes the locations currently requested for designation. Furthermore, the request for designation was made from a non - government source. Therefore, as part of the Brownfield Designation process and in accordance to Florida Statute 376.80, the City must evaluate the following factors for each site to determine if they meet the guidelines for being designated a Brownfield Area; 1.) Does a person who owns or controls a potential brownfield site, and is requesting the designation, agree to rehabilitate and redevelop the site. 2.) Does the rehabilitation and redevelopment of the proposed brownfield site result in economic productivity of the area, along with the creation of at least 5 new permanentjobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and are not associated with the redevelopment project, demolition, or construction activities pursuant to the redevelopment of the proposed brovmfield site and area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s.420.0004 or the creation of recreational areas, conservation areas, or parks. 3.) Does the redevelopment of the proposed brownfield site remain consistent with the local comprehensive plan and is a permittable use under the applicable local land and development regulations. 4.) Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. 5.) Does the person proposing the area for designation provide reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. Since tile properties are outside the current Designated Brownfield Area, each site must also fit the definition of a "Broi,vnfield" site. The EPA, defines a Brownfield property "as real property in which the expansion, redevelopment: or reuse may be complicated by the presence or potential presence of a hazardous Li cs_a;. _ pollutant. or contaminant.' The frdings within the application review are a combination of evaluating whether each property meets the criteria Set forth in Florida Statute 376.80; whether each site meets the definition of a Brownfield ield Site, and if the designation is imperative for redevelopment to occur. T The primary goals of the Brownfield. Redevelopment Act are to reduce public health and environmental hazards on existing commercial and industrial sites that are abandoned or underused due to these hazards; create financial and regulatory incentives to encourage voluntary cleanup and redevelopment of sites; derive cleanup target levels and a process for obtaining a "No Further Acton" letter using Risk -Based Corrective Action principles; and provide the opportunity for Environmental Equity and Justice. The Brol,`mfield Process evaluations for each site have been made keeping these goals in mind and are attached for your review. Brownfield Designation Request Determination WPct B-ricke . Tower 0?5 SW ?r" Avenue Miami,F33130 i=O iO:01-4138-05 -0110 Property Summa Current Ste Conditian: • Jr . _ -Bed Uni=s: .ror� ale H uS n- ! :der - .u��i�,-,ry -� ' C�-�rc;. :ice :�lL �rtd -.,; :i il__'J�_:m _ ,Dei.l sc- ten: ur e _ions v` Surrounding Properties: • ETcc i tv OfficeiRstailiCorrimerciailResiciental Businesses 1.m r sits Usage (Type Fac1':it i and or Business Mattie): • Riesi.ent:eiglykil `family Hpusinct -c...'er ei Current Oo umeni_L E'i fderce of Contamination: None cociime.nted ai City of Miamiof M e Ede Dett:tartrnent._Reduiatoryand _tioT..oiinii,. Resourceis (REP) Prox;rrtltv to N--- ConProperty and ij r on: : i h Street Ac___. i Pi` to PER „ts.tt e - oo GasStation .. ._ __ to - Ie ...t- iC Storace. Tanks.ASite . Re —habilitation t-ompietion Cu-liter r21::r been ed for trS property irvnion would d contami.nation. 2fld records do not eves. _mi of contaminationInc ' -1025 Siff V Avenue. ccriterntnated due. to ForMier Leaking. UndergrouriciStoracteTanks. Sit.— Rehabilitation Completion C Order nes not been issued f thts property which wo id indicate . emojaf of the con teminatitnn,..nfile curds- do r, t reveC! migration of _ nt:_t€,It e_on onto l0?_ SW T 41 Avenue for developmentto b-E complicated by presence or potential ❑rezei'C3 Gi a h222rd2LS substance, o ut_Tt, or contaminant • Site is already under odristruction There environmental mitioatilbn requirements noc:m_ .^ _ ` n. a Ave. Evidence of Contamination would nave been nctatad by searching under tine address r.tr the -olio of the fcR O` nc .t _ .. RER for l :ie.. viaVandviLmierniciaclecov F,e ( sue, Transit V E G.tI ;G Department R.:g' ai �^y ..d Economic ., ... .._._ _, 701 t -1st Court. :rd Floor, Miami, i'-:i i ECa 3313e • Accordingto the onl:c _ iJr .under n review n-._ RE Fite 0�t t: 20 _0050, the sites .eri ch ecked e vile � " he- permit review process (see attach 11 i:�ia'i':.. :.;� as Via': of [� , • U `1 - dnggi brio( to CU'r�current_.eveioipme. . were not dilapidated and`iaC2 ;i for a lengthy amo.nt of _: time Evaluation of site to determine if it meets criteria for Brownfield DesiFnation. Site must meet all 5 factor for the Brownfield Desig-rtation process: fr-7vatuatior of Fiv;=, Moin F,Litutory Critforns, for Desiclnation: 1."riciP-s osrson ‘ivho owns or rontrok pote.ntial orownrii-lid site, and ic r.ir,tiPstirig, the dosignatin-itl, ree to rPhabiliitate and redeve.lop the site." • ThiP owner has agriPed to redevelop 1025 SIN 2 Avenue., anc_i ras provided evidence ofthe. willingness tc do sc.-, otecratise coils:I:ruction has begun and is cingolhE "The rellaioIlitatIon End redev€-itaibment oil the propose:I browinFieid site result in economic productivity ,ti,f the aire.rtiongwith the creation or et least 5 new permaneint joibs at the browriflPid site that are fulit-tirne equivalent poons not associat.ed with the impiementzticir, of he tifowrifiejd site reihatiiiitation agreemient End -that are not assbciati:eci with the imcleimentation of the brovinFieiiid site riehabraticin a:greement and that Ere. not assiocia.ited with redevelopment proliact demolition or construction iscritioilties pursuant to the redeveloomient t.hiie proposed brovirifilield site and area_ t!-iF. job creation requiremient snizal not apoiv to the reiriabilitation End redevelopment ate: .site triat provide- aFfcridable housing as defined in 5.420.00i34 or the creation of recreationai areas, itonseriatici, cir p2r-k5.' • has submitted docurrientaticin in re.Eards to the cievelopment of 1026 Si.‘V 2— !a:vein-Lie. 3S 733-31:11-1E: reoi_iinerrients oil- an a fforidatale housing deveiopment, • aeond the Z.Emporary abs. that the prciject will create 'during conistructiom the neighitaiohei:td reitaitera would benefit frc,,m iincreased oted-as:i.sian traffic_ 3. The redPveloprririent of the propcised brownfield site is consistent with the 'Focal comprehensive ciAan Prid is E pPrrnittPble use under the applicable local and and develop:me-nit regulations.° s APPliciant has provided evidence that the development has satisfied permit requirements, and other land usa reauliations. per -Miami 21. The dievelot..,rnient also does not contrast with the ihemi COTTipreht-:nsj-ve Neighborhood Pan. 1.) 'Notice of :he ;proposed rehabilitation of the browrifield area has been hrovided to neighbors and -,1€.-z,by residents of the oropose.d area to ba desig•nated, and the- person proposing thP area for ciPsliainatinn has affordPd to those receiving niatice the opportunity for comments and suggestions about rehabilitation. Notice: p)uant to this subparagraph muiit be made in a newsoai,-,er generc-i circuIsition in thP :area.as teas: .16 squE--re inches in se, and the notice must be bosr.eci lh the affected area; • The applicarit has omvided :he reviewer with documentation of a public notice announcement meeting regulatory re.quiremanc. and the reviewer verified in person that on opportuniW fOr comirrie.nt was provided on January 8, 2013. The reviewer attended the meeting. for 33 minutes and up until that time. no-one showed up to the mPetin. 51 "The person proposing the area for desi-gnation has provided reasonab1e assurance that he or she has suFficient Fin.ancial resources tr, irnpleme.nt and complete the re-habilitafon agreement and redevelopment of the brownField apiniicant has priaviclii,=c1 documentation of the- ability to meet this criteria arid construction has begun. I- Site must meet definition of a 'Brown-fieid": • Definition of a Brownfield is "real property to- whir:re, the Pxp.cnion, redErvelqamnt, or reuse cif wftich may be cci.mplicate.d b actual or c...1ercEivez.-1 virotvrierinal contamination; PerRER.there are no environmental rnitigatic,--ri requirememes documened 3 t 1025 A:ie. According to RSR Fe 0W-20120050, the pa]rmitting poPid indicated beforehand that the sites are not contaminated elirriiniatinz spe.cuiatio.n. The Anolicent references the Citgo Gas Station at 190 SW Street and the Chi.rvron Gas Stlo.in at 720 Si 2'd Ave as being obstacies for devaloorn,tirit. Flie review of -REP. record.s Odes no: reveal Evidence cf contamination associated ie-ither gas: station to be cutrently affecting the rieve-ioom.ient of 1026 SW .Avenue. = rhite appicant. references the proximity oFcantaminated gas staton to 1075 SW Avenue as creating rha oa ceshcn that the property could be contaminated; however The site is aiready under constructon and any perception i72-5 not corn tatii2ited raideveloornent. Furthermore, in order to obtain the proper permits priorto rede.veio.oment., due difigence must be done tn confirm whether or not 10265W Allele con tam iniet-ed. if a property contaminated: the cievei_oper woutd needto ec.t...-4brisi-i ci,rtain risk -based corrective measures to address the contamination prior to consti-ucticin There is no evidence of he requirement for risk -based cnrrective action measures whhe West Cricket] Tower is currently under consitruction. • Brickeil was not inciuded in tine original Des]pated Brownfield because 4conomc arid market s-cdc,iv data riid not suoiiii,ort thp ntsid for incentives to attract rievonment brcierts within that area. • Aitheiugh a development in a thriving location outside of the current designated Pirniuvrifield Ares v./Quid nor. utomaticafly exciude considerationfr a Bravnfied 1..)-esignation; the applicant :must clembnstraie that 2 property or properties have experienced on term yrac.--ancy due to actual or perceived contamination, the property is a orocluct of community blizht, arid that aviailability of incentives is imperative -For anv 3 dcewe oprrren_ to occur at the. location of he proposed development, HSid"from the .i status, €4. �_anta^'Iir4aCir�:, : .. -. e,;^ecie�€� since. Florida. Statute_ state that a property doesn't n co_sasi j;,contaminated--_C c for designarion, the. factors s: blight and leryF: of vacancy without Going' Sold to a riew owner, with d e: nt; should be 'heavily considered in determining ..,h_ ner-c property indeed meets the definition of a £rownfe d. The oro^-_'rEv ic rine. a Rrovinfleld Site OCC2uSO __r._2iminatiom ij n t 2 factor: and was -. ` not an oibs__cle toward redevelopment Conclusion: _ proposed develo the v and con.i.,:ruct on by west Brick_ . Tower, Ltd. (the "Applicant'')„, G. _^r We.st SrlckialiTower;I:partrrientsI ,e oiect ). looted at !i 2s SW grid .Avenue, �`;�i.,=:i, Miami -Dade count',!. R-icrida ,._ _3 , -olio No. 01 4138-0_ _ _ 1 _l_ (the Slipje.., _._,v ) as mo.re particularly described in. Exhibit. A, satlsFie.s all Five or the applicable Bro,, l".i_ld dien2 ,._., e.._=rla set Jc a at Section Statutes, as w rriarst. ted herein., he c_ `t.. ;' ne c.,21, retie _ ,_: .., hen 3ro:,4vrifie.la Area .J i. u�u ... . ricor`,_.., .=rit`tti :1'i I` 4.. i.:. :. _"ji. c.lf ,. 6/21/13 Property Search - Report Property information: Folio 01-0205-080-1150 Property Address 850 SW 2AVE Owner Name(s) VISTA GRANOEAPARTM2ITS LTD Mailing Address 477 S.ROSEMARY AVE#301 WEST PALM BEACH FL 33401 Primary Zone 6402 MIX USE -BORDERS CEO Use Code 0081 VACANT -LAND Beds/Baths/Half 0/0/0 Floors 0 Living Units 0 Adj. Sq. Footage 0 Lot Size 19,500 SQ FT Year Built 0 Full Legal Description CiTY OF N6AMI SOUTH FB B-41 LOT1S LESS W1OFT&ALL LOT19 & LOT20 LESS E10FT FOR ST BLK 58 LOT SIZE 130.000 X 150 CR 18348-07871198 1 CDC 21827-0001 10 2003 1 IMPORTANT NOTICE The 2013 exemption and assessment values currently show n are preliminary and are subject tc chance until they are certified cn July 1. Assessment Information: Previous Current Previous 2 Year 2013 2012 2011 Land Value $1,852,500 $438,750 $292,500 Building Value S0 $931,618 $861,746 Market Value $1,852,500 $1,370,368 $1,154,246 Assessed Value S1,852,500 $1,269,670 $1,154,246 Benefits Information: Previous Current Previous 2 Benefit Type 2013 2012 2011 Non -Homestead Caps Assessment Reduction $p $100,698 $0 Note: not all benefits are applicable to all Taxable Values (ie County, School Board, City, Regional). MIA/VIE-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Carlos Tepee-Cantera Property Appraiser Penal Photography 2012 Taxable Value information: Current Previous Previous 2 Year 2013 2012 2011 Ecemptionl Taxable EtamptionJ Taxable Esmption/ Taxable County $0/$1,852,500 $0/$1,269,670 $0/$1,154,246 School Board $0/$1,852,500 $0/$1,370,368 $0/$1,154,246 City 50/51,852,500 $0/$1,269,670 $0/$1,154,246 Regional 50/$1,852,500 50/$1,269,570 $0/$1,154,246 Sale information: Date Amount OR Book -Page Qualification Code 9/2012 $3,500,000 28263-4353 Sales qualified as a result of examination of the deed 10/2003 $2,500,000 21827-0001 Sales w hich are qualified 11/1998 $900,000 18348-0787 Sales w hich are qualified 7/1997 $0 17807-2881 Sales w hich are disqualified as a result of examination of the deed 6/1997 $0 17708-3779 Sales w hich are disqualified as a result of examination of the deed 7/1988 $0 13900-2891 Sales w hich are disqualified as a result of examination of the deed Disclaimer: The Office of the Property Appraiser and Miami -Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property information and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its interpretation. Although this website is periodically updated, this information may not reflect the data currently on file at Miami -Dade County's systems of record. The Property Appraiser and Miami -Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information providedregardless of the cause of such or for any decision made, action taken, or action not taken ly the user in reliance upon any information provided herein. See Miami -Dade County fall disclaimer and User Agreement at http://www.miamidade.g,ov/info/disclaimerasp. Property information inquiries, comments, and sugestions email: pawebmail@miamidade.gov DERM, ERR Division; Water Coatro1 Secton Drainage Wen. 'eeig- 0050 Daze 7C2tiii Tracking 30-Day Deane Enirser. d•-(p74,L 4c-4-3. 2--7201‘) cite trifa: Prc &"*.rt.r, kr-14 ef:A-YeiAFez: S I 11 -0 Efr: \ 2- TWri: s E LCCEIttr: I a /6 57.4-4,/ (‘-atai Wttad Exisng Ccntarr:inaIcn: rrt/ Ccunty Fkt..,•od Cditarla: ard Usz: ToLal St: ELAtin • 07‹.; Pavt-ct,.4itt cauttafl Ei-...'-itayne Bay (OPT N-(.3VO. Oct_ Vit.-::-ter Leyet <2- ft 7-ggh Tirie:. 1 '5 ft Ferielsz Acli7ec•simfF EELINFC PatCl I 7-7-zteiTtIcr. area: Waliged Ftlatac.titr: Area: ['I 11,‘Nr.--- Water Ci2,211!y: 7JiSC:argi: ic0,_;tstardIrs, Fhra Watar 15,71% q'UsiFty trag-M4f7t) rrcmatd..: I e..,aa1 Dri PAtoqary Tima: Irriltiratir7r1 !i"O'Lr 5_1k-54:T74:fir:Altrnth a+C-4,11•Ted: tt • '-'•Xtrk.ra:I•iP'ilrrctnr-NieP11: 771 , t) Volume ci'S a c? w=1-1.1-rt-,c I ij-T , 2 H z.;:uality treatmailt ks 11'4vr qua,r,1„-ay: 5 !fear design $.torrn: !n_ FILTIcit re, (cis Size of wtEY in 'We cas.-facity: c4rETZ3 cart v Salt Water den's-ti-.. 1' Av-al-zble Head. LI-5 ft, Otkl,er errcems:T. Parkit..g gz.racieti,11..21) p; P1,5nters: 1 Seeci& FrgeRth drain rartsitt÷zft - ,f f E-NE1 f 4 Purrt;nq ni,vided.: (NJracx,ir.ecle Slcmt 'ffJ.ter PoilutiGrt Prevent:cm Rom 1. 2 1'9 cq:=1 tr e Vi) 3: Conztructlica fails:M 40,t 4.C.;;--Zzukitiofts: )1(N) Cazipfet4rces3 Revrew; Date1 Rasp:0mm: 4 F.e.sconse: Copess (fats: ParTuten Ra-medat,tn Approval: Wants Approval! .4.. Ccr-tati-liaproval.9./.4 ERP Requirsd (VIM; Class RN -tired Legal: Warr.lnly Deedjap,Elion of Tqa,,KM) Mairteiarce ries;:-(ans.bi2y, (Y),fN) Covet-gar:7. equirgif (0.(N) 1.• ' ‘.',1 I. '•..„ ! 14 Ont., 44 1, $31 .,!$'1"‘.1 ...". " n . • 1 • ! rr.1.,01'.pif r,c71 ' • "'' " ,T 4,-,i4f1/40aheNtAfil2,2117.1.,1,1 r..t.1PWILrOsci10ccm t.., • „„, • • ,• • •. . , . „ • •• • .• • • -... gR.4.0,14.1%'9,11 irwIf..1 ,*. !ittigfrA • •••••:ij:;„•,„),•;;;!,•:,!!:::•!i..!;•,!!t•;:.1.,!'''.-...: 1,1Y, I i • "14400 0 4 oh ,71 •10 1I f',..(4::%.;...„,;e4?.,14.4.,,,•';ei,ti., /WI ........ „ , -!:,•!.4.;,..;;.. ;4:4 ,t,..10nown,1.5 CVARINfiratleaMVAN ;:AngFP'r 6/21/13 Property Search - Report Property Information: Folio 01-0205-070-1060 Property Address 144 SW 8 ST Owner Name(s) WEST BR1CK LVIEWLTD CIO THE RCHM4N GROUP OF FLA INC Mailing Address 477 S ROSEMARY AVE STE301 WEST PALM BEACH FL 33401 Primary Zone 6402 MD( USE -BORDERS CBD Use Code 0081 VACANT LAND Beds/Baths/Hall 0/0/0 Floors 0 Living Units 0 Adj. Sq. Footage 0 Lot Size 7,000 SQ FT Year Built 0 Full Legal Description CITY OF MIAMI SOUTH PB B-41 LOT 6 LESS ST BLK 57 LOT SIZE 50.000 X 140 OR 18826-3336-3337 1099 1 COC 25591-4392 05 2007 5 IMPORTANT NOTICE The 2013 exemption and assessment values currently show n are preliminary and are subject to change until they are certified on July 1. Assessment Information: Current Previous Previous 2 Year 2013 2012 2011 Land Value $840,000 $455,000 $455,000 Building Value $0 $40,990 $40,990 Market Value $840,000 $495,990 $495,990 Assessed Value $840,000 $495,990 $495,990 Benefits Information: Current Previous Previous 2 Benefit Type 2013 2012 2011 Disclaimer: MIAIVII-DADE COUNTY OFFICE OF '111/. PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Carlos Lopet-Camera Property Appraiser Ferial Photography 2012 Taxable Value Information: Current Previous Previous 2 Year 2013 2012 2011 Exem ption/ Taxable Exemption/ Taxable Exem ption/ Taxable County $0/$840,000 $0/$495,990 $0/$495,990 School Board $0/$700,000 $0/$495,990 $0/$495,990 City $0/$700,000 $0/$495,990 $0/$495,990 Regional $0/$700,000 $0/$495,990 $0/$495,990 Sale Information: Date Amount OR Book -Page Qualification Code 9/2012 $1,625,000 28263-4303 Sales qualified as a result of examination of the deed 5/2007 $0 25591-4392 Sales w hich are disqualified as a result of examination of the deed 10/1999 $400,000 18826-3336 Sales w hich are qualified 11/1990 $0 00000-0000 Sales w hich are disqualified as a result of examination of the deed 9/1990 $337,600 14719-1797 Sales w hich are qualified 9/1971 $23,000 00000-0000 Sales w hich are qualified The Office of the Property Appraiser and Miami -Dade County are continually editing and updating the tax roll and G1S data to reflect the latest property information and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its interpretation. Although this website is periodically updated, this information may not reflect the data currently on file at Miami -Dade County's systems of record The Property Appraiser and Miami -Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the cause of such or for any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami -Dade County full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp. Property information inquiries, comments, and suggestions email: pawebmail@miamidade.gov QS inquiries, comments, and suggestions email: gis®miamidade.gov gisweb.miamidade.gov/PropertySearch/printMap.htm Generated on: Fri Jun 21 2013 1/1 City of Miami Designated Brownfield Area and Enterprise Zone Maps ssW� SW 2157.7 .85TN S�.r - .•.-.•