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HomeMy WebLinkAboutExhibit 3 - Version ABrownfield Area Designation Request Vista Grande Apartments 850 SW 2nd Avenue THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P A Transactions, Due Diligence, Development, Brownfields, Cleamv & Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (305) 777-1680 Facsimile: (305) 7774681 www.goidsteinerwlaw.com December 28, 2012 Via Email & U.S. Mail Mr. Johnny Martinez, City lsilanager City of Miami 3500 Pan American Drive Miami, FL 33131 Michael R. Goldstein, Esq. Direct Dial: (305) 777-1682 molds tein@golds teinenvlaw.com Re: Request for Designation of Vista Grande Apartments, 850 SW 2nd Avenue, Miami, Miami -Dade County, Florida 33130, Folio No. 01-0205-080-1150 (the "Subject Property"), as a Brownfield Area Pursuant to Chapter 376.80(2)(b), Florida Statutes Dear Mr. Martinez: On behalf of Vista Grande Apartments, Ltd ("VGAV), wc arc pleased to submit this request for designation of the Subject Property as a brownfield area pursuant to Chapter 376.80(2)(b), Florida Statutes, When developed, the Subject Property will consist of 89 one- and two -bedroom units ranging in size from 551 - 987 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 .13(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„thc. units at Vista Grande Apartments will be provided to households earning up to GO% of the County's median income, with an additional id% of the units being restricted to households earning no more than 28% of the County's median income. The National Association of Home Builders ("NAHB") 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 iobs. 100003-1-47DOCX. 1 } Mr. Johnny 1\iliirrincz, City N'Ianager [December 28, 2012 Page 2 As noted above, Vista Grande Apartments is an 89.unit dexclopmc.m. Accordingly, it is estimated that this project - with a S26.4 million capital cost - will therefore provide S736,030 in taNCS and other revenues for the local government ;annually and over 108 jobs during construction of the project. On a long-term basis, the local economy will also benefit frorn ,1 new permanent jobs iat the Subject: Property. Additionally, local small businesses will also benefit at mally„ vital carpet companies, landscapers, washcr/drrer companies, painters and other vendors hired to maintain the Subject Property. VGAL is applying for i brownfield :Irea designation bee:rase environmental aSSCSSmenr, activities ro date have documented multiple discharges of petroleum contamination adjacent or in close proximity ro the Subject Properry that impose 8 material level or regulatory, construction, health, tind 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 VGAL to access a relatively modcsr 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 dio project to more certain financial ground: In this sense, the designation will not only play a critical role in the 1.1CeeSSitli redevelopment of the Subject Properly but also in the larger revitalization effort for the communivy in which the Subject Property is located. To light of these facts and circumstances, we respectfully request that the Office of the City Manager review the enclosed Statement of hIligibiliry and bring this application for t brownfield area designation before the Nliami City Commission with a recommendation for approval. As you and your staff evitluatte the materials \ve submit today, please reel free to contact us with any questions or should you require additional information. lhank • Very truly yours,, THE GOLDSTEIN NVIRONN E TAL LA FLRM, P.A. Michael R. Goldstein mrg Encl. cc: Alice Bravo, Assistant City Manager Vista Grande A partments, Ltd. (00003447LOCX. 1 ?r Attachment {00002394.DOCX, ) Brownfields Designation Eligibility Statement Vista Grande Apartments 850 SW 2" Avenue, Miami, FL 33130 Folio No. 01-0205480-1150 The proposed development and construction by Vista Grande Apartrnents, Ltd. (the "Applicant"), of the Vista Grande Apartrnents (the "Project"), located at 850 SW 2©d Avenue, Miami, Miami - Dade County, Florida 33130, Folio No. 01-0205-080-1150 (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 ro redevelop and, as necessary, rehabilitate the Subject Property. A copy of the Warranty Deed is enclosed as Exhibit B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes § 376.80(2)(b)(2) provides that "Nile rehabilitation and redevelopment of the proposed brownftekl 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 $26.4 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 $736,030 in local real estate taxes and other fees and revenues. When fully developed, the Project will have supported over 108 temporary construction jobs, resulting in the payment of significant payroll taws 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]be 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," The Applicant satisfies this third criterion in that redevelopment af the Subject Property is consistent with the local comprehensive plan and is a permittable use under the applicable local (00003442DOC, 2 ) land development regulations. in fact, the Project has already received site plan approval and 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 Inlatice 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 safiu lhisfiiurlh criterion in that it contracted to post the requisite notice at the Subject Proper's), arra' 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 comnruni meeting on January 8, 2012, at a publical[y accessible location in the vicinity of the Subject Property for the purpose of providing those receiving notice additional apparlwnJy for comments and su estions about rehabilitation. For a copy o f 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 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 "[tjhe 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 $2,1,000000 in Low Income Housing Tax Credit Equity from Florida Housing Finance Corporation. 1I. 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 376.80(2)(b), Florida Statutes. A "brownfielcl 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 e definition of a "brownfield site." That is, do the facts demonstrate that either actual or perceived contamination has complicated, is complicating, or will complicate e.xpansion, redevelopment, or reuse? In this instance, the dose 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. "Brownfield Site" Analysis The facts here clearly evidence that the Subject Property falls with the definition of the term rownfield site" as set forth in Chapter 376.79(3), Florida Statutes. Specifically, a review of 1 (00003442.DOC. 2 } 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 located with 75 feet of the Subject Property at 190 SW 8' 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 dear 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 cn 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 constnicrion 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 ExhibitF, •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 ri 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 dose 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 dernographic, Ensuring protection of human health and contracting for assistance by qualified environmental professionals in order to provide clarification a.nd 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 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." (00003442,DOC, 2 ) applicable environmental reguLtory 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 located within 75 feet of the Subject Property at 190 SW 8" 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 2rd 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 arid risks for development of the Subject Property, including risks associated with perceived human health exposure issues and market acceptability by the Applicant's targeted dernographic. 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)(13), Florida 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." (00003442.DOC, 2 } ExhibitA 71 D0 Legal Description Vista Grande Apartments Lot 18, Less the West 10 feet thereof, and Lot 20, Less the East 10 feet thereof, and Lot 19, Block 58 South, CITY OF MIAMI, DADE CO. FLA., according to the Plat thereof as recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -Dade County, Florida, LESS AND EXCEPT: A portion of Lot 20, Block 58 South, CITY OF MIAMI, DADE CO. FLA., according to the Plat thereof as recorded in Plat Book "B", Page(s) 41, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: The external area of a circular curve concave to the Northwest and having a radius of 25 feet and tangents which are 25 feet North of and parallel with the centerline of S.W. 9th Street and 35 feet Westerly of and parallel with the centerline of S.W. 2nd Avenue. All lying and being in Section 12, Township 54 South, Range 41 East, City of Miami, Miami -Dade County, Florida. (GO 0344 DOC. 1 ) Exhibit B 00001271DO Return to: DIANE KARST, ESQUIRE 777 Glades Road, Suits BOB Boca Raton, Florida 33434 This Instrument Prepared By: MARCO DE LA CAI, ESQUIRE 999 Ponce de Lean Boulevard, Suite 735 Coral Gables, Florida 33134 ProprtyApp Isers Parcel I.D. (Follio) No.: 01-0205-080-1160 WARRANTY DEED 11 111111111311111111111111111111111111111 CFN 203.2R0639557 CR Ills 28263 P9 43531 ClAst RECORDED 09/10/2012 1205452 DEED DOC TAX 21p000 .00 SURTAX 157750.00 HARVEY RUVIII, CLERK. OF COURT 111A/II-DADE COUNTYFLORIDA LAST PAGE THIS WARRANTY DEED made the day of September, 2D12, by TAP HOLDINGS, INC., a Florida corporation, of 782 NW LeJeune Road, Suite 437, Miami, Florida 33126, hereinafter called the Grantor, to VISTA GRANDE APARTMENTS, LTD., a Florida limited partnership, whose post office address is 477 South Rosemary Avenue, Suite 301, West Palm Beach, Florida 33401, hereinafter called the Grantee: (Wherever used herein the terms "Gran iirn end 'Grantee° include ail the pates to this instrument and the heirs, legal representatives and assigns of indMduafs, and the successors and ass'ogns of corporations.) WITNESS ETH: That the Grantor, for and in consideration of the sum ()ITEM AND NO/100 ($10.00) DOLLARS, and other valuable considerations, receipt whereof Is hereby acknowledged„ hereby grants, bargairts, sells, aliens, remises, releases, conveys and confirms untothe Grantee, all that certain land situate in MIAMI-DADE County, Florida, viz: • Lot 18, lesithe Wet 10 feet. thereof, and Lot 20, less the East 10 feet thereof, and Lot 19, Block 68 south, CITY OF MMi, OAIDE Co. FLA., according to the Plat thereof, as recorded in Plat Book "B", Page 41, of the,Public Records of Mlami-Dade County, Florida, TOGETHER With atI the tenements, hereditarnents 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 lawh.t1 authority to sell and convey said land; that the Grantor hereby fully warrants the bile to said land and will defend the same against the lawful claims of all persons whosoever, and that said land is free of al encumbrances, except taxes pocruing,subsequent to December 31, 2011. IN WI E $ EREOF, the said Grantor has caused these presents to be executed in its name, end Its corporate seal to be he ad by Its proper officers thereents duly authortzed, the day and year first above wrfin. Signed, delivered In our presence: lama rrwriritirmtriiimim FFLsRIDA.) , ) COUNTY OF MIANII-DADE ) The foregoing Instrument was acknowledged before me thi ECHEZARRETA, as Present and Director, and on behalf of TAP personally known to me produced his drives license ( ) a INDS, ,, a Flo corporation BY: Modesto Echeza ta, as President and Director T NOTAR y of September, 2012, by MODESTO 1 GS, INC., a Florida corporation, who Is fication, and did not ke an oath. Pt/ Book28263/Pe e435 CFN#20120639557 Pagel of 1 Exhibit C (0000127LDocx.1) 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION 01? STATUS or SITE PLAN APPROVAL FOR MULTIFAMILY DEVELOPMENTS Music of Development: Visul c Apartments Vi/ 2nd Avow, Miami Development toe at tan: (At 2 Itiztr.am provide ate ararem pied by etc Muted Sestet PbJ SP**, includingi ithits.1 Magri. greet fluX4 aed dry, cflMaddress tai not yr/ bac sniped, 'provide (l) the Meet 22=0, designote.dieemection aed thy Crtocated 'Melo o city et (o) Me sestet nuce, dozen dmignstod iateLed lee and =my Lfineatiel to De untecerpera red zee or the rousity.) Zoning Designation: 'italic the applicable siolernent: , 0 The Above -referenced Develop; nen t is new construction or rehabilitation wills new cotutruction And the final site phut, in the zoning des I ation slated above, was rqtprovect on or before lite Application Deadline for Ito 2011 Universal Application Cycle (as stated on the FFEFC Website littp://apps.floricia lionsing.org/S triad Alo ttc/F1-1FC.ECM/Co tit eat Page.e sociPACE-0238) by action of the (regtlly At:twined Body.), The above -referenced Developnient ia new construction orehabilitation with new consbuction and (i) this jurisdictiolt provides either preliminary site plan approval or conceptual site plan approval which has beets issued, or (ii) site plan appro Val is required for the new c ons tat cams. worlc; however, Iltis juisdic fiat 3 provides tteititer preliminary site plan approval liar conceit htal site plan approval, 110r is any other siiullar process provided prior to Issuing final site plan approval. Although there is no prelbultury or conceptual site plan approval process and the final site plan approval has not yet been issued the site plan, itt the zoning designation stated above, has been reviewed. The necessary npprovalfreview was it erfonnefl on or before lite Appl icat foil Deadline for the 2011 Universal Application Cycle (as staled oat litc PliFC Webs ite bttp://apps.floridnItottaing.org/StandAlone/PHPC ECNitContentPaie.aspx7PACE-0238) by Office of Zoning (Levity Ault:x.4'22rd Body') 3. 0 The above.referenced Development, lathe nub% designation stated nbove, is reltabi)ilation without any new consiniction and does not legit ire additional site plan approval or similar process. • "Levey Aoltes Lied Eiodf is ant loStellyid.Pli. Applimot must slab eta oame [tribe City Cet.tecil. County Completion. bond, Down:mat, Division, ere, trim saMpi iy avr,f cuc CERTIFICATION la City/Co y f acdbo catifientoo most be determinatio a or Waal rcl.: acceinatile, cot ate °ibex s Onesholi. If this Appliculoomill 1.1A1016(P 2-11) 47-21.0nOga), FAO *Maya Cce..7) the information bas vested in sae the authority lo vci1at above is true and correct. Bamaby Mio, awns Administrator Pain or Type Name and Title 'ty's ccustys Directs; at ilentlas and Lain& dole moo toted °tidal OtztO steponsatte f3ovg Cy or Reuger. w Couoly Muagee/AdmInlottston'Coot anger. sissiasta O k&d aratuts sit Doi MIA atian II inlkib3 Is Dew lop..-ent aort i.izlaappeopetiely signed, etc Applienlan iv.Z1 Ail to men Ins nee/fon at 'reale-eel', at if ft scceLost. Imaged, atoned, cc r)rptd Poe C6 =cc 4 artleentem msy boltbmocookd. Provide eland fl Tab Labeled "Exhibit 26" site plan ExhibitD (00001271.000(.1} NOTICE OF PROPOSED BROWNFIELD AREA DESIGNATION REPRESENTATIVES OF VISTA GRANDE APARTMENTS, LTD., WILL HOLD A COMMUNITY MEETING ON TUESDAY, JANUARY 8, 2013, FROM 500 P,M. TO 700 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT THE POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 850 SW 2ND AVENUE, 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 MGOLDS'TEIN@GOLDSTEINENVLAW.COM. OC. 1) ExhibitE (00001271,D0a. 1) F aCAIrty Xlcfrass TeptIono Nurnter (3.05 ')5-5CC Ccry Marling Address'. C• 0 Pr-f• Lz-v-Le, 5 Date or icp dtecl resuts th-coverY '9. Er 6. Method or Mai cfrscoyeiry rorrote one way) A. Liquid detector (aulernato ot manual) B. Vapor detector (au1oroatio or manugi C Tsghtness test (underground tanks only). Estimated number d gears discnasged: Florida Departtn of Enutro?Imenta Regulat Twrn 11rn Omc tilda 02torsiDLiiStonc Poid• TIP}Ins..um rioncla 325994400 Intsco,up tjse 'ths form to nohl'y he Department or Ermlenmental Regtilabon or Resurts or tank laQh1ness icskhg that erseed ardireatre toleoarces volro ten Oafs of recopl et les1 resul. 2 peodos.rn discharges mooding 25 ga.Nons cry pervious surradm as described in San, 174614E0 F AC rea-kil One 'Nerk:ng day or dw.rovery. Hazards substance (CERCLA recutaied), drfr...harges eiceeng appNcado reportable quanut.%esubirstied in 17461 460(2) FAD, one working day of the *sex/4(y 4 wrthn one *orking day d Oscotery d suspected releases cor6rrned by ta) released regulated substarr-es of pork:tants crlsoosiereet the sorroursdrn9 area (t)) unusual and Linexplarried slorage sislcm operator) oonertions. (c) menetenng rem hem a ,,eak d,etecton mood or from a tank closure assessmenr that indoate a release may hove ci-...curred, or (or) manual Lank gati9ng resuhsI4 tanks d 550 gallons or less, exceeddlg ten gonper weekry rest or fire gallons averaged 17W ojr consecorse yozekly Mail10 the DER CIstna °tree in, your area ksiod on the mrse srde thrs rem PLEASE PRONT OR TYPE Connpleteslapokcatte tjank.s. OR Facrli1y 10 Nmbe 'so 44-11 2 Tank Number 3, Date: 1413 aca--1(15)(11 -VP 41ze) Facility Name arlrok-WCO LISA (1)1`70 CID , Facility Owner or Operator S"tk r\nA'cuNtA + L 32)130 Vapor d‘'ate Dgns acks4na,..go crane .ic,nrty, a Clocure (exPiatn) H. Other. prcde-ci- B. Vil-tal part d stdage syV„esn has Soaked? (dale al that apoly)A. DereFupe C Fcrang 0. lank g. Type c( regurared substarrA ciaoharge-d, torde ere) Aleaded gasolin* 0. rtivoutair de.,er L. used/w=e unleaded gaxline F, aviation gas M. (closer gasohol G. et 0. nerrAube 10. (3uak.se ci le _ (crrole that apply) Unknorrri C. Loose comeden E. Purr:two B Spirt Ct CorrosJon F. Installa5oin !gum ti, Type ci financial respcosbirty. (code ore) A. INtd party insurance pecroded tj Che stale insuraree contractor Se-orirsurance pursuant to Chapter 17.169503 FA.0 12, To the best of my knowledge end beet al triformation eubrnitt R jOY\ I-DOL,LC Printed Name d Owner. Operator or Autictiactl Repe 04044,0XMA rbeCO 1114 SA. iliNe 1444'.41 NAP. nzur-.40. 0.7 5.... 147/7 G. Spil1 I. Olhet {sty,) H. Ovartill C. Not appitable 0. None 0.1.4 4.0 1.4 "0.44 It,. 2X 0 MOP Cliwramit litry Cle 4 # `C7 £Ith STREET LEG ND MDNCTOR WELL rU COWRY YELL SURFACE DRAIN FUEL DISPENSER ISLAND —470 WATER TABLE ELEVATION FIAW DIRECTION Ct irrrr WATER TAB' f ELEVATIOP WELL. FEET L17-3 1t7Y=d 4,0 4.02 4.81 4.83 4.Em 4,82 4.017 4.03 4.01 4.03 Mlf— 13 4 4,08 NA 4.04 4.02 EIGLUM 2: FIGUNDWAT1R LEVATION MAP 00/01/94 PARrc f@R CHEVRON 047071 2C1. Qth 1TREET FLORIDA 4th STREET LEGEND (13 MONITOR WELL M RECOVERY HELL an SURFACE DRAIN DISPENSER ISLAND DENZENE CONCENTRATION TOTAI. VOA CONCENTRAT'! ILTDF. CONCENTRATION DM PRor FIGURE 3s TOTAL, VOA CONCENTRATION F 09/01/94 SIUF/J=7 roR CHEVRON #47071 100 SW 0th STRI E1 SHALL!, FL R[IDDA CORFORATLO? Exhibit F 127LDO [ Pipeline [ Railroad tankcar 1 I Tank truck [ ) (] Vehicle Accident Vehicle [ Airplane ( .1 Drum 1 1 Corrosion [ j Installation failure Discharge Report Fo • PLEASE PRINT OR TYPE instructions are on there 1. Facility ID lumberregistered)'' Ck (4 0 ° 3 3. General informatioo Facility namc or responsible party (if appliese): Facility Owner or Operator, or Discharger: Contact Person: c tr\.) NA 0 r Facility or DisChargcr tvIc "ling Address: Location of Discharge (street address): Latitude and Longitude of Discharge (if kn DEP Farm .112-7611.')OrY 11 Farm Ti Piisharr: R,-Trrt fevii Effective Date rse side. Please complete all applicable blanks 2. Date or form completion: 0 3 4. Date of receipt of test results or discovery or confirmed discharge: monthidaytycar 5. Estimated number of gallons discharged: —2-) e;" 0 6. Discharge affected: 1 Air SoL1 I Groundwater ( J Drinking water well(s) [ j Shoreline 1 1 Surface water (water bcdy me) 7. f4terhod of discovery (check all that apply) I 1 Liquid detector (automatic or manual) 1 Vapor detector (auto m.atic or inanual) [ 1 Tightness test I ] Pressure test XStaristical inventory Reconciliation I 1 lneernal inspection 1 I Closure/Closure Assessment I 1 Inventory contra! [ 1 Groundwater anaiyrical samples p<Nionitoring wells I I Soil analytical tests or samples [ ] Automatic tank gauging I I Visual observation [ I Morioal tank gauging [ I Other S. Type of regulated substance discharged: (check one) [ oi I Unknown 1 I Used/wa.ste oil ( I Jet fuel 1 1 Heating ail I New/lubc l Gasoline [ J Aviation gas 1 1 Diesel ( ] Kerosene - [ ] Mineral acid ] Hazardous substance - includm CERCLA substances from LiSTs above reportable quantities, pesticides, ammonia, chlorine, and deny-a:Ives (write. in name or Chemical Abstract Ser.lce (CAS) number) 06 C 7 9 Source of Discharge: J Dispensing system I Tank 1 Unknown 1 I Other (chcc' all that apply) Pipc 1 Fitting 1 1 Valve failure 1 Barr: I 'Tanker Ship I I Other Vessel 19. Cause of the discharge: (check ail that apply) 1 I Loose connection I I Puncture 1 1 Spilt [ 1 Fire/exp i n p ] Overfill [ 1 Human error p(Other ii.. l 1. . ctIons Likeothl responseto the discjaarge: 13. Agencies not applicable): 1 State 'Naming, Point I 1 National Response Center 1-800329-0519 1400-424-8807 1 I Florida Marine Patrol 1 1 Fire Department. „ b(lDEP (district/person) (800 342-5367' County Tanks Progam 14. To the best of ray lootyledge and belief, all Information submitted ea this form Is true, aCCurate, and complete. Printed Name of Owner, Operator or Authorized ftprcnritivc, SignatureSnaiurc ofOwncr,, Operator or Authorized Representative, or Discharger - or Discharger Groundwater sample was taken from Monitoring Well #4. Note 2 1/2 inches of free floating product (FFP). Monitoring wells #1,2,3, and 4 contained visible layers of FIT. I observed no visible signs of contamination in MWs 5,6,7, and 8. DISPECTOR: Joelle ODaniel SECTION: STS DATE: 08/25/03-08/26/03 SITE NAME: Five Group Corporation ADDRESS: 720 SW 2 AVE Poor Origna t4 " Photo oUST, facing EAST 8/25/03. Product piping that failed has been removed and feeder rope remains in secondary, Poor Original]