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HomeMy WebLinkAboutExhibit A 2013/09/12VERSION A ..Title A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING AS A BROWNFIELD AREA, THE PROPERTY LOCATED AT 850 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), FOR THE DEVELOPMENT OF VISTA GRANDE APARTMENTS, A MULTI -LEVEL APARTMENT BUILDING WITH EIGHTY NINE (89), 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, 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, 850 Southwest 2nd Avenue, 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, the City Commission has considered the applicability of the definition of Brownfield sites contained in 376.80, Florida Statutes, which means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination; and WHEREAS, the City Commission has considered the definition of "Brownfield Area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated, by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency -designated Brownfield pilot projects; 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 "Vista Grande Apartments" 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 "Vista Grande Apartments" 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. Review of Brownfield :De-signat on Request. Review Of Br;ownfielC ;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 20.12 by the,Goldstein Environmental Law, Firm for the following development projects: WestBrickell Tower -1.026 :SW 2nd Avenue; Miami, FL 33130 • West Bricked View 7.144-152. SGi1.8 `Street, Miami, FL 33130 Vista Grande Aparrinents — 850 SW 2 nd Avenue, Miami, FL 33130 The Goldstein Environmental Law Finn has,subrriitted the applications to the City of Miami for review• and, official authorization to designate the three (3) subject properties as Brownfield areas forthe 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 community redevelopment areas, enterprise, zones, closed military bases, or` designated b. oivnf eld pitot;proiectareas, the local government the resolution and conduct the public hearings in accordance tiiit, the requirements ofsubsection (.ij, except aeleast one; of the public n.earings shall be conducted as close as reasorablypracticaole to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for the rehabilitation, job opportunities and e^onor, is deueiopme is anticipated. neighborhood residents' consideration, and ocher 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 posted in tile' affected area, and `must be announced at a Scheduled meeting of the: localgoverning 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 fo' designation was made from a non- . government source. Therefore, as part of. the Brownfield Designation process and in accordance to FloridaStatute376.80, the Citymust evaluate die following factors for each site to determine if they meet the guidelines for being designated a Bromfield Area; 1.) Does,a person who :owns or controls a potential brownfiield site, and is requesting the designation, agree to rehabilitate and redevelop the site 2.) Does the rehabilitation and redevelopment of theproposed brownfield.site resultn 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 are not associated with. `the:redevelopinentproject, demolition, or construction activities.pursuant to the redevelopment of the proposed brownfield 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 inS.420.0004 or the creation of recreational areas; conservation areas, orparks.. 3.). Does the redevelopment of the proposed brownfieldsite remain consistent with the local cornprehensive plan and is a permittable use under the applicable; local land and oeveloprrient 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 I'e or she has sufficient: financial resources to implement andcomplete,the rehabilitation agreement and redevelopment of.the browrifield:site: Since the properties are outside the current Designated Brownfield Area, each site must also fit the definition of a ''Brownfield" site. The EPA, defines a Brown field. property as real property, in which the expansion, redeyefonment. or reuse may be complicated by the presence orpotential presence of a hazardous substance,. pollutant; or contaminant." Th-he findings within the application review are a combination of evaluating Whether each property • meets the criteria set forth inFlorida Statute 376.80; whether each site meets the definition of a Brownfield Site, and if the designation is imperative for redevelopment to occur 'The primary goals of theBrownfield. RedeveloprnentAct are to reduce public health and environmental hazards on existing commercial and industrial sites that -are abandoned or uriderused 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 Action" letter using Risk -Based Corrective Action principles; and provide the opportunity for Enyironmental Equity and Justice. The Brownfield Process evaluations for each site have been made keeping these goals in mind and are attached for your review. Brownfield Designation Request Determination (Office of City Manager Findings) For Vista Grande Apartments Brownfield Designation Request Determination Vista Grande Apartments 850 SW 2nd Avenue Miami, FI 33130 Folio: 01-0205-080-1150 Property Summary: Current Site Condition: • Under Construction for one 3-story building and one 4-story building with 89 one and two bedroom units; Affordable Housing Development Current Conditions of Surrounding Properties: • Existing Office/Retail/Commercial/Residential Businesses Former Site Usage (Type of Facility/ and or Business Name): • Residential/Multifamily Housing Former or Current Documented Evidence of Contamination: • None documented at City of Miami or Miami -Dade Department of Regulatory and Economic Resources (RER) Proximity to Nearest Contaminated Property and Description: • Citgo Gas Station at 190 SW 8th Street. According to RER website, the Citgo Gas Station is contaminated due to Former Leaking Underground Storage Tanks. A Site Rehabilitation Completion Order has not been issued for this property which would indicate removal of the contamination, and file records do not reveal migration of contamination onto 850 SW 2nd Avenue. • Chevron Gas Station at 720 SW 2 Ave; According to RER website, the Chevron Gas Station is contaminated due to Former Leaking Underground Storage Tanks. A Site Rehabilitation Completion Order has not been issued for this property which would indicate removal of the contamination, and file records do not reveal migration of contamination onto 850 SW 2nd Avenue. Potential for development to be complicated by presence or potential presence of a hazardous substance, pollutant, or contaminant; • Site is already under construction. There are no environmental mitigation requirements documented at 850 SW 2nd Ave. Evidence of Contamination would have been notated by searching under the address or the folio of the following link; http://derm.miamidade.qov/NetFYI/cqi/NetFYllsapi.DLL?METHOD=ViewSearch&Class=Permitte d+Facilities&Life=L/; or submitting a request to RER for File review via VandyT@miamidade.gov or visiting Department of Regulatory and Economic Resources (RER)/Overtown Transit Village at 701 NW 1st Court, 3rd Floor, Miami, Florida 33136 • According to the application review under RER File DW-20120045, the sites were checked as "not contaminated" as part of the permit review process (see attachment). • Buildings prior to current development were not dilapidated and vacant for a lengthy amount of time. 1 Evaluation of site to determine if it meets criteria for Brownfield Designation. I- Site must meet all 5 factors for the Brownfield Designation process: Evaluation of Five Main Statutory Criteria for Designation: 1.) "Does a person who owns or controls a potential brownfield site, and is requesting the designation, agree to rehabilitate and redevelop the site." • The owner has agreed to redevelop 850 SW 2nd Avenue, and has provided evidence of the willingness to do so because construction has begun and is ongoing. 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 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 proposed brownfield 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." • The applicant has submitted documentation in regards to the development of 850 SW 2nd Avenue as meeting the requirements of an affordable housing development. • Beyond the temporary jobs that the project will create during construction; the neighborhood retailers would benefit from increased pedestrian traffic. 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 and development regulations." • Applicant has provided evidence that the development has satisfied permit requirements, and other land use regulations per Miami 21. The development also does not contrast with the Miami Comprehensive Neighborhood Plan. 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"; • The applicant has provided the reviewer with documentation of a public notice announcement meeting regulatory requirement, and the reviewer verified in person that an opportunity for public comment was provided on January 8, 2013. The reviewer attended the meeting for 30 minutes and up until that time, no-one showed up to the meeting. 2 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". • The applicant has provided documentation of the ability to meet this criteria and construction has begun. II- Site must meet definition of a "Brownfield": • Definition of a Brownfield is "real property to where the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination"; > Per RER, there are no environmental mitigation requirements documented at 850 SW 2nd Ave. According to RER File DW-20120045, the permitting processed indicated beforehand that the sites are not contaminated eliminating speculation. > The Applicant references the Citgo Gas Station at 190 SW 8th Street and the Chervron Gas Station at 720 SW 2nd Ave as being obstacles for development. A file review of RER records does not reveal evidence of contamination associated with either gas station to be currently affecting the development of 850 SW 2nd Avenue. • The applicant references the proximity of contaminated gas station to 850 SW 2nd Avenue as creating the perception that the property could be contaminated; however > The site is already under construction and any perception has not complicated redevelopment. Furthermore, in order to obtain the proper permits prior to redevelopment, due diligence must be done to confirm whether or not 850 SW 2nd Avenue is contaminated. > If a property is contaminated; the developer would need to establish certain risk -based corrective measures to address the contamination prior to construction. There is no evidence of the requirement for risk -based corrective action measures while Vista Grande Apartments is currently under construction. • Brickell was not included in the original Designated Brownfield Area because economic and market study data did not support the need for incentives to attract development projects within that area. • Although a development in a thriving location outside of the current designated Brownfield Area would not automatically exclude consideration for a Brownfield Designation; the applicant must demonstrate that a property or properties have experienced long term vacancy due to actual or perceived contamination, the property is a product of community blight, and that availability of incentives is imperative for any 3 development to occur at the location of the proposed development. Aside from the contamination status, especially since Florida Statutes state that a property doesn't necessarily need to be contaminated for designation, the factors of blight and length of vacancy without being sold to a new owner, and with no plans of redevelopment; should be heavily considered in determining whether a property indeed meets the definition of a Brownfield. • The property is not a Brownfield Site because contamination is not a factor, and was not an obstacle toward redevelopment Conclusion: The proposed development and construction by Vista Grande Apartments, Ltd. (the "Applicant"), of the Vista Grande Apartments (the "Project"), located at 850 SW 2nd 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 Brownfield designation criteria set forth at Section 376.80(2)(b), Florida Statutes, as demonstrated herein. • The development of Vista Grande Apartments would be a beneficial redevelopment to the neighborhood; however the need to designate as a Brownfield Area would be inconsistent with the definition of a "brownfield site" and the Florida Redevelopment Act. 4 Croat Folio 01-0205-080-1150 Prope Address': 850 SW 2AVE, Owner Names) VISTA GRANDE APARTMENTS LTD Marling Address 477 S •ROSEMARY AVE #301 WEST PALM BEACH FL 33401 Primary Zone 6402 MIX USE -BORDERS CBD Use Code 0081 VACANT LAND Beds/Baths/Half 010/0 Floors 0 Living Units 0 AdjSq_ Footage 0 Lot Size 19,500 SO FT Year Built <: 0 Legal Description CITY OF MIAMI SOUTH PE 5-41 LOT 18 LESS W LOFT & ALL LOT 19 & LOT20 LESS E1OFT FOR ST BLK 58 LOT SIZE 130.000 X 150 OR 18348-0787 11981 COC 21827-0001 10 20031 Assessrier` nfornlatio Current Previous Year 2012. 2011 Land Value $438,750 $292,500 Building Value $931,618 3861,746 Market Value $1,370,368 $1,154,246 Assessed Value $1,26.9,670 $1,154,246 gm Lion in on Current Previous Year 2012 2011 Homestead $0 $0 2nd Homestead $0 Senior $0 $0 Veteran isability $0 Civilian Disability $0 Widow(er) $0 $0 Disclaimer. The office of. the Pmperty Appraiser and Miami -Dade County are continually editing and updating the tax roq and GM data to reflect the latest property information and GIS positional accuracy. No warranties, expressed or implied. are pmvided 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 curreritty on fee at Miami -Dade County's systems of record., The Prop erty and MliamiDade County assumes no fiatAty either far any errors, omissions, or inaccuracies it Ne: aiforiiiatian provided regardless of the cause of such or for any decision made, action taken, or action not taken by the user in retance upon any information provided herein. See Miami:Dade County full disclaimer and User Agreement at hitp://www..miernidade.govlinfo/disclairner.asp. Property Information Enquiries, comments. and suggestions email: pawebmatt miamidade.gov GIS inquiries, comments. and suggestions emal grsamiamkiade.gov MIAMI-DUDE COUNTY OFFICE oF THE PROPERTY APPRAISE PROPERTY SEARCII SUMMARY REPORT • Carlos Lopez-Cantera Property. Appraiser TAP, a 0 ee�lnfcrma6on 'Current Previous Year 2012 2011 Exemption/Taxable Exemption/Taxable County i $01$1,269,670 $0 / $1,154,246 SChootBoarii $0 / $1,370,368 $0/$1,154,246 City $0./$1,269,670 . $0/$1,154,246 Regional S0 / $1,269,670 $0 / $1,154,246 •S• ate ttrformairon sy' ' Date Arnotarit REtarifing Lluaiifiyation:Cede Book -Page 9/2.012 S3,500,090 282t -4353 Sales qualified.as a result of exaiiiirialion of the deed 10/2003 $2,500,000 2182T-0001 Sales which are qualified 11/1998 $900,000 18348.-0787 Sates wvtiich arequatiified 7t1997 $0 17807-2881 Sates which are disqualified as • a rs`siit of examination of the deed, 6/1997 $0 17706-3779 Sales;which are disqualified as a result of examination of the deed 7/1988 $0 13900-2891 Sates wtiich are disqualified as a resin of examination of the deed Generated on: Tuesday. robruary 05, 2013 DERM, ERR Division, Water Control Section Date received: PC) (2012- uv29r09 Tracking # tS 75- Drainage Well # DVI 2°(2 QC,4s 30-Day Deadline g /Lot 2O( Reviewer: R ' f 4 l . Engineer: A L / , F' 4ef• -6S2 - 7D/0 Site Info.: Protect: V; rA GIZAiIb APAg" 'T (T-S Folio: 01-- < 71 - ° -I/ 5-0 o , ti Latitude (N): 2.SD4S" 5S.S2'f Longitude (E): 80 It -mot. i , SUS Sec: ( Twn:54- S Rge: 4- ( E Location: Sub 9 S7' SV/ Basin: C. Coastal Wetland: (Y) 1 o Existing Contamination: (Y) County Flood Criteria: 5-0 ft NGVD Oct. Water Level: < 2- 0 ft Mean High Tide: ft Land Use: Total Site: 0- 4¢ Phase Buirding: f D , . i Pavement: Pervious: Municipality: /4/AAA oastal Construction Line (Y) jI I'10 Outten to Biscayne Bay (OFW) (Y) (N 40 Adjacent to EEL/NFC Property: (Y) / (N) %!o Retention area: Weill -mid Protection Area: (Y) l((N)) O Wafer Quality: (Stormwater discharge to Outstanding Florida Water is 150% of required ar quality treatment) -5.- WO Required: Ac-ft WO Provided: --- Ac-ft Percolation Rate:':. ig XIO cfslsf/ft Dry retention provided: --- Ac Recovery Time: hr. infiltration Rate: '' in/hr Exfiitration trench required: ' ft Exfiltration trench provided: 80 ft Volume 90 seconds detention: 7 S .7 cf. Size of well box: L Other water quality treatment device(s):mG Water quantity: 5 year design stor : ... in. Runoff, 0: .2 6 (cfs) Required number of drainage wells: ( Drainage welts provided: et Size of well: 24 in Well capacity: 2, 00 D Salt Water density: l' Other concerns:1. Parking garage: gpm/tt Available Head: ft. (N) 2. Planters: (Y) ® 3. Special French drain required: ft 4. Plumbing plans provided: ( )/ (N) 5.Manatee grates required? (Y) NPDES Storm Water Pollution Prevention Plan: 1. Narrative: / (N) 2. Site Plan (Y) / (N) 3: Construction Details: (Y) (N) 4. Calculations: Completeness fievlew: Date 1u Response: 2nd Response: Completeness date: Pottution Remediation Approval: EPP Required (Y)/(N): Legal: Warranty Deed:Opinion of Title: (Y);(N) / (N) Wetlands Approval: Coastal Approval: Class WWI Required (Y)!(N): Maintenance Responsibility: (Y),(N) Covenant Required: (Y),(N) City of Miami Designated Brownfield Area and Enterprise Zone Maps -41.V5114 i < gT- - -SWiSSTRl ST- EW2eT}l 57 e awrour .[,,,;rv,On j•w h.M�IM 6 6N.ESM sS--_ sr; Ea;H 7r+wb1 Brownfield Program Administration Process 6110[13 Statutes & Gons6tution:VievStatute;:: Online Sunshine The 201.2.Florida Statutes Title XXVIII NATURAL RESOURCES; CONSERVATION,. RECLAMATION, AND USE Chapter 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL 376..80 .....Brownfield program administration process.- (1) A local. government with jurisdiction over the:brownfietd.area.rnust notify the department of its decision to; designate _a brownfietd area for rehabilitation for the purposes of ss: 376.77-376.86. The: notirication. must include a resolution.; :by the:locai.government.body, to .which is attached a map adequate to clearly delineate exactly which parcels are tobe included in the brownfield area or alternativety a less -detailed map accompanied by a detailed legal description of the brownfietd area. If: a property owner within the area proposed for designation by the total : government requests in writing to have his or her property removed from the proposed designation, the local governmentsha.tl grant the request For municipalities, the governing body shalt adopt the ,,-esc:ution.i .accordance with the procedures outlined in s. 166.041, except that L eenoticef or the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2.For counties, the governing body She. adopt the resolution in accordance with the procedures outlined in S. 125.66, except that the notice for the public hearingson the proposed resolutionshall be in the form established in s. 125.66(4)(b)2.. (2)(a) If a local government proposes to designate a brownfietd area that is outside community redevetopment areas; enterprisezones, empowerment zones, closed military bases, or designated brownfietd pilot project areas, the local government shag adopt the resolution and conduct the.pubtic hearings in accordance with•the regpirements of "subsection ;(1), except at least one of the required public. hearings shall be;conducted as cose,as reasonabtypracticable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives, for, rehabilttation, job opportunities and economic developments anticipated, neighborhood residents' considerati.ons., and other relevant Local concerns. Notice of the public hearing must be made in: a newspaper of general eirculation.in:the area and the notice must be at least 16. square i nches in size; Must be in:ethnic newspapers, or local con muriity bulletins, mustbe posted in tiie affected area, and must be. announced: at a scheduled meeting'of the local governing body before the actual public .h.earing in determining the.areas to be designated, the locat government must consider: 1. Whether the brownfield area warrants economic development and "has a reasonable potential for such View Entire Chapter activities 2. Whether the proposed area tobe 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. Whetherthe area contains site or parts of sites suitable forlimited recreational open space, cultural, or historical preservation purposes: (b) A locat government shalt designate a brownfietd area under the provisions of this act provided that:. 1. A person who owns or controts:a potential brownfietd site is requesting the: designation and has agreed www.leg:state:fl.us/Statutes,iindexcfm?App_mafe=Display_Statuts&Seatcth_String=&URL=n300-039910376fSections10376 80.htiri 115 6i10113 Statutes & Cons ih.tian::ViewStat4tes c Online Surshine to rehabilitate and redevelop: the brownfietd site; 2. The rehabititation and redevelopment of theproposed brownfield site Will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfietd site that are full-time equivalent positions hot associated with the implementation of the brownfield site rehabilitation agreement andthat are not associated with rdeve1opment project demoI.iton or construction activities pursuant to the redevelopment of the proposedibrownrield 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..420.0O04 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 permittabte 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 bedesignated, 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 circutation in the area, at least 16 square inches in size, and the notice must beposted in the affected area; and 5. -The person proposing the area for designation has provided reasonable,assuraance that he or she has sufficient financial resources to imptementand complete the rehabilitation agreement and redevelopment of• the brownfield site.. ,(c) The designation of a brownfietd area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfietd site rehabilitation agreement With the department, or approved local pollution control program. (3) When there is a person responsible for brownfield site rehabilitation, the local government must notify the department of the identity of that person. If the agency or:person who will beTresponsible for the cooroiratibn .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'tocal government when the change .occurs. (4) Local governrients or persons„responsible for rehabititation.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 brownfietd area:for the purpose of improving public participation and receiving publiccomments on rehabilitation and redevelopment of the brownfield area, future land.. use, toca[ employment opportunities, community safety, and environmental justice. Such.advisory committee shoo€d include residents within or adjacent to the brownfield area, businesses operating within the. brow„ifield;area, and others deemed appropriate, The person responsible for brownfield_site rehabilitation , must notify the ;advisory committee:::of the intent to .rehabilitate,and 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 etements 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.[ocal;governrnent with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement., When theperson:responsible for brownfield site rehabilitation submits a site assessmentreport 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 brownfieldsite rehabilitation must hold a meeting orattend a; regularly scheduled meeting to'inforrn the advisory.com:mittee,of the findings and •-•eo ..eM..fl ic...a s.... r...a.:., at.. -tea.. .o......I, c.:::,- 0I tni nn 6/10/13 Statutes $ Constitution:View Stab.ltes tOnline:5unsh0e person Wiwi (Pn' data.fl iicl.;hati Roe/inr7nerf,n7dnn "mrv44=15i cni=t; -ft:i IF)I: Hann:llaacilna7ale....H..4:16,77C on 1. .1 ttC 6110/ 3 Statutes&Constitu60n:viewStatues:Online Sunshine agreement with or approval of the;proposed redevelopment. (6) Any contractor performing site rehabilitation program tasksmust demonstrate to the department that the contractor: (a) Meets att certification and license requirements. imposed.. bytaw;:and.:.. (b) Will conduct,sampte collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or tocal program fails to conptete review of a technical document within the timeframeispecified in the.brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation nay proceed to thenext site rehabilitation task. However, the person; responsible for.brownfietd site rehabilitation does so.atits own risk and.may be required by the depart -neat or total program to coriiptete 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 approvedprior to implementation. (8) If the person responsible for brownfield site rehabilitation faits to comply with the brownfield Site rehabilitation .agreement, the department shall allow 90 days for the person responsible for.brownfietd site rehabilitation to return to compliance with the provision at issueor 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 shalt not appty..lf 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 department is specifically authorized arid encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions,. 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 localpollution control program is appropriate, the department shall consider the following. The local pollution controt 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 brownfietd program; and (b) Provide for. the:enforcement of the requirements of the detegated_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 `shalt not be delegated authority to take action :on or to make decisions regarding any brownfield site on land owned by the locat 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 brownfietd program as established by the act and the retev.antrules and other criteria of the department: (10) Local governments are encouraged to use the full range of economic and tax incentr es available to facilitate and promote the..rehabititation of brownfield areas, to help eliminate the public health and environmental hazards, and to: promote the creation of jobs and economicdevelopment in these:ppreviously run-down, blighted, .and underutilized areas (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation;'and redeveloprnent can improve the overall health of a community and the quality of life for communities, including for individuals living in such commmunities. 2. T hecommunity health benefits of brownfield site rehabilitation and redevelopment should be better 4,,...., i on c+mot 4.;,,M1-:4., One, . —oiin._ Statutes :Gonstitut an :View Statutes :.orilineSunsune measured in order •to achieve the legislative intent as 'expressed in s. 376.78. 3. There is -a need in.this state to defrne 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 locat health departments, community health: providers, and nonprofit organizations, to evaluate the;: community health benefits oi brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfietd site rehabilitation and redevelopment in connection with brownfield areas :located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfietd 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 nevror increased access to open,, green, park, or other recreationatspaces. that provide recreational opportunities, Tor individuals living in.-or,.around brownfield sites that have been rehabilitated and redeveloped, 4. Other factors described iin rules adopted by the Department of Environmental Protection or the Department of Health, as applicable:. (c) The Department of Health May and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health.. benefits of browrifield site rehabilitation and redevelopment- l:.istory.-s. 4, ch. 57-277; s.3, ch.5375; s• 11, ch. 2000-317; s.. 2, ch 2004-40; s. 44, ch. 2005-2; s. 7,,ch. 2006-291; s. 5, ch. 2003-239. Copyright O 1995-2013 The Florida Legislature • Privacv5tateinent • Contact Us ,AwMed.state.fl Js/Statute"s6ndexcfm?Aon mode=Disniav Stattrta%Srarrh Strinn_RI IR!c1111YLn'icain17aiee:e;:;..,rno7c on �. a. 6/10/13 Statutes'& Constitution :ViewStatutes : 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 heatth benefits of brownfietd 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 brownfietd 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 brownfietd areas .located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfietd site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and qualityof life measures regarding populations living in or around brownfietd 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 toopen, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable: (c) The Department of Health may and is encouraged to assist local governments, in collaboration'vith local health departments, community health, providers, and nonprofit organizations, in evaluating the community health benefits of brownfietd site rehabititation and redevelopment. History --s 4, ch. 97-277; s. 3, ch. 99-75; s. 11, ch..2000-3i7; s. 2, ch. 2004-40; S. 44, ch. :2005•2;.s. 7, ch. 2006-291; s. 5, ch.200€-239. Copyright 0 1995-2013 The Florida Legislature Privacy Statement • Contact Us wo.w,ieo.state:fl.ts/Statutesiindexcfm?Aoo mode=Disnlav StatutaRSaarrh Strinn=Rl fRi _nInrLnloanrraio„:s,;:,,in, 7c'on,...-- Florida Statute 376.79 Definitions Relating to Brownfield Redevelopment Act 376.79 - - 2011 Florida Statutes - The Florida Senate Page 1 of 2 The Florida Senate 2011 Florida Statutes TITLE XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE CHAPTER 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL VIEW ENTIRE CHAPTER 376.79 Definitions relating to Brownfields Redevelopment Act. —As used in ss. 376.77-376.85, the term: (1) "Additive effects" means a scientific principle that the toxicity that occurs as a result of exposure is the sum of the toxicities of the individual chemicals to which the individual is exposed. (2) "Antagonistic effects" means a scientific principle that the toxicity that occurs as a result of exposure is less than the sum of the toxicities of the individual chemicals to which the individual is exposed. (3) "Brownfield sites" means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. (4) "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency -designated brownfield pilot projects. (5) "Contaminant" means any physical, chemical, biological, or radiological substance present in any medium which may result in adverse effects to human health or the environment or which creates an adverse nuisance, organoleptic, or aesthetic condition in groundwater. (6) "Contaminated site" means any contiguous land, sediment, surface water, or groundwater areas that contain contaminants that may be harmful to human health or the environment. (7) "Department" means the Department of Environmental Protection. (8) "Engineering controls" means modifications to a site to reduce or eliminate the potential for exposure to chemicals of concern from petroleum products, drycleaning solvents, or other contaminants. Such modifications may include, but are not limited to, physical or hydraulic control measures, capping, point of use treatments, or slurry walls. (9) . "Environmental justice" means the fair treatment of all people of all races, cultures, and incomes with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. (10) "Institutional controls" means the restriction on use of or access to a site to eliminate or minimize exposure to chemicals of concern from petroleum products, drycleaning solvents, or other contaminants. Such restrictions may include, but are not limited to, deed restrictions, restrictive covenants, or conservation easements. (11) "Local pollution control program" means a local pollution control program that has received delegated authority from the Department of Environmental Protection under ss. 376.80(9) and 403.182. (12) "Natural attenuation" means a verifiable approach to site rehabilitation that allows natural processes to contain the spread of contamination and reduce the concentrations of contaminants in contaminated groundwater and soil. Natural attenuation processes may include sorption, biodegradation, chemical reactions with subsurface materials, diffusion, dispersion, and volatilization. (13) "Person responsible for brownfield site rehabilitation" means the individual or entity that is designated by the local government to enter into the brownfield site rehabilitation agreement with the department or an approved local pollution control program and enters into an agreement with the local government for redevelopment of the site. (14) "Person" means any individual, partner, joint venture, or corporation; any group of the foregoing, organized or united for a business purpose; or any governmental entity. http://www.flsenate.gov/Laws/Statutes/2011/376.79 7/10/2013 376.79 - - 2011 Florida Statutes - The Florida Senate Page 2 of 2 (15) "Risk reduction" means the lowering or elimination of the level of risk posed to human health or the environment through interim remedial actions, remedial action, or institutional, and if appropriate, engineering controls. (16) "Secretary" means the secretary of the Department of Environmental Protection. (17) "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For purposes of sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. (18) "Source removal" means the removal of free product, or the removal of contaminants from soil or sediment that has been contaminated to the extent that leaching to groundwater or surface water has occurred or is occurring. (19) "Synergistic effects" means a scientific principle that the toxicity that occurs as a result of exposure is more than the sum of the toxicities of the individual chemicals to which the individual is exposed. History.—s. 3, ch. 97-277; s. 2, ch. 98-75; s. 10, ch. 2000-317; s. 1, ch. 2004-40; s. 4, ch. 2008-239. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2013 State of Florida. http://www.flsenate.gov/Laws/Statutes/2011/376.79 7/10/2013 Brownfield Area Designation Request Vista Grande Apartments 850 SW 2nd Avenue THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, Bro1wflelds, 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 Miami 3500 Pan American Drive Pvliami, FL 33131 Re: Request for Designation of Vista Grande Apartments, 850 SW 2^d 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 ("VGAL"), we 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 irnportant 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 IR.S 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 Vista Grande Apartments 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 Horne 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 jobs. { 00003417.DOCX. 1 } Mr. Johnny Martinez, City iManagcr December 28, 2012 Page 2 As noted above, Vista Grande Apartments is an 89-unit development. Accordingly, it is estimated that this project - with a S26.4 million capital cost - will therefore provide S736,030 in taxes 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 benetu from new permanent jobs at the Subject Propercr. Additionally, local. stnall businesses will also benefit annually, with carpet companies, landscapers, washer/dryer companies, painters and other vendors hired to maintain the Subject Property. VGAL is applying for a brownficld area designation because environmental assessment activities to date have documented multiple discharges of petroleum contamination adjacent or in close proximity to the Subject Property that impose a material level or regulatory, construction, health, and legal liability risk, severely complicate rede'relopmen.t efforts, andrec{uire 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 modest but still important state -based economic incentive to help underwrite the unanticipated and unbudgcted 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 dcsig,nation 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 which the Subject Property is located. In light of these facts and circumstances, we respectfully request that: the Office of the City 1\{anager review the enclosed Statement of Eligibility and bring this application for a brownfteld arca designation before the i\fiami City Commission with a recommendation for approval. As you and your staff evaluate the materials ‘a•e submit today, please feel tree to contact us with any questions or should you require additional in formation. "Thank vcu. Very truly yours; THE. GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Michael R. Gol:isrein /mrg Encl. cc: Alice Bravo, :Assistant City Manager Vista Grande Apartments, Ltd. {00003447.DOCX. 1 1 Attachment A {00002394.DOCX. 1 } Brownfields Designation Eligibility Statement Vista Grande Apartments 850 SW 2" Avenue, Miami, FL 33130 Folio No. 01-0205-080-1150 The proposed development and construction by Vista Grande Apartments, Ltd. (the "Applicant"), of the Vista Grande Apartments (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 to 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 "[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 $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 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." 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 (00003442.DOC. 2 ) 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, al 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 forcers 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 $24, 000, 000 in Low Income Housing Tax Credit Equity from Florida Housing Finance Corporation. 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 376.80(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. "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 (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 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 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 issought meet the definition of a "brownfield site." (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 within 75 feet of 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 2nd 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 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 } Exhibit A (00001271.DOCX. 1 } 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. {00003448.DOC. 1 } Exhibit B (0000127LDOCX.1) Return to: DIANE KARST, ESQUIRE 777 Glades Road, Suite 300 Boca Raton, Florida 33434 This InsUument Prepared 8y: MARCO DE LA CAL, ESQUIRE 999 Ponce de Leon Boulevard, Suite 735 Coral Gables, Florida 33134 Property Appraisers Parcel I.D. (Folio) No.: 01-0205-080-1160 11111111111111111111111111111111111111111111 C.F4 2012R0639557 OR Bk 28263 Ps 43531 (1vs) RECORDED 09/10/2012 12:05:52 DEED DOC TAX 21000.00 SURTAX 15,750.00 HARVEY RUVINr CLERK DF COURT MIAMI-DADE COUNTY? FLORIDA LAST PAGE WARRANTY DEED THIS WARRANTY DEED made the e. day of September, 2012, by TAP HOLDINGS, INC., a Florida corporation, of. 722.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 "Grantor" and °Grantee° include ail the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WTNESSETH: That the Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS, and other valuable considerations, receipt whereof Is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and..confirms unto the Grantee, ag that certain land situate in MIAMI-DADE County, Florida, viz: 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 41, of the Public Records of Miami -Dade County, Florida. 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 (awfully seized of said land In fee simple; that the grantor has good,right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of ail persons whosoever, and that said land is free of all encumbrances, except taxes agcnrIng subsequentto December 31, 2011. IN WI ESS WHEREOF, the said Grantor has caused these presents to be executed in its name, and its corporate seal to be he j,: - e d by Its proper officers thereunto duly authorized, the day and year first above written. delivered In our presence: TAP t.DINGGS, I ., a Florida corporation By, /r I (' «z c t .� Modesto Echezarteta, as President and Director S A ' iFFLeREDA. • ) ' ) S:S. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this ECHEZARRETA, es Present and Director, and on behalf of TAP personally knowri to me ( or he has produced his driver's license ( ) a MARCO DELACN. 11YC4',UM lI1ElEISX MASS: , SeriUalatetin y of September, 2012, by MODESTO GS, INC., a Florida corporation, who Is fication, and did not take an oath. NOTAR PU:LIC Book28263/Page4353 CFN#20120639557 Page 1 of 1 Exhibit C (00001271.DOIX.1 ) 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS OF S111; PLAN APPROVAL FOR MULTIFAMILY DEVELOPMENTS Nan c of Development: Vista Grande Apartments (Put ALA. i.etde2011 thherulCycle*Bathe) 850 SW 2nd Avenue, Komi Development Loeat ion: (At a oink mt paoude the address warped by tux United Stake Pas W &coke, lnduditts the extras cumber: sheet aura and city, of bite addrenlnt not yei betaesstsee4 provide(i) the steed tsamS closest dutgmted intersection and city if located widdna city sr (a) Use street atme, clams designated intaste/tee aid aunty if coated is the tmkereeponted atea ofthe county:) Zoning Designation: T6-241.0 Marie the applicable statement: I. 0 The above -referenced Development is new construction or rehabilitation with new construction and the fatal site plats, in the zoning designation stated above, was approved on or before the Application Deadline for the 2011 Universal Application Cycle (as stated on the Fi1FC Wcbsite litip://opps.floridaltousing.org/StancIAlotte/FHFC ECMJContentPnge.aspx7PAGEQ0238) by action of the (Lc gal ty Authorised Body'). The above -referenced Development is new construction or rehabilitation with new construction and (i) this jurisdiction provides either preliminary site plan approval or conceptual site plan approval which has been issued, or (ii) site plan approval is required for the new castittction work; however, this jurisdiction provides neither preliminary site plan approval nor conceptual site plan approval, nor is any other similar process provided prior to Issuing final site plan approval. Although there is no preliminary or conceptual site plan approval process and the finnt site pint approval has not yet been issued, the site plait, in the zoning designation stated above, Its been reviewed. The necessary npprovaltreview was performed on or before ilre Application Deadline for the 2011 Universal Application Cycle (as stated on the FHFC Websitc htpl/aPes.fIoridnhousing.org/StnndAloutJFHFC ECM/ContentPage.aspx7PAQL.0238) by Office of Zoning (Legally Act/caked rya) 3. 0 The above -referenced Development, in the zoning designation stated above, is rehabilitation without any new construction and does not require additional site plan approval or similar process. • " I.egstly &!wised Body" is not on lectividuam. Applicant ministate tun name of the City Caredt, County t:ammiesioo. Aostd. DeyutmeaI Dteiston, etc, with authority overrun n no I cerii at tlx Cite/Co ap I as speeiDed abo Miami CERTIFICATION has vested lame the authority to verify status of site plan otc5yor Coc y) ibe information stated above is live bud comet. l• Bamaby Min, Zoning Administrator Signals! • Print or Type Name and Title This «rtldeallon must be a6gae. • rf ble City's or Conty's Direckr or Planning and Toning. ebietappotated 00964 (Lenin rospomIDle for determination oftunesrelated • al approval. City Manager, orCeentyblareger/AdmlaislratorlCeordtwtar. Signatures Comb:calelected ofeistswool acceptable, nor are other jI es. If this certification Ls applicable to Mb Development and it 1, taappropdatcty signed, the Applicanao veZ1 Ail to meet Queshotd. if this �pl;ila a eaatalas eoaeeebm ar Write -our, et it it is tanned, Massed, altered Cr telyped, pc lbmt WU tot to eoaaidead and tee Applin9oacrrll Sul feet threshold. 'Ibc =Mi atios any be pbetocopkd. UA 1016 6ags.oaty 2-11) 67.r.col(IXa), FAC. Provide Behind a Tab Labeled "Exhibit 26" Exhibit D {00001271.DOCX. 1 ) NOTICE OF PROPOSED BROWNFIELD AREA DESIGNATION REPRESENTATIVES OF VISTA GRANDE APARTMENTS, 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 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 l2T" 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 MGOLDSTEIN r(�r,GOLDSTEINENVLAW.COM. {00003a54.DOC. I 1 Exhibit E {00001271.DOCX.1) 1- y ' Florida Departmt... of Environmental Regulatl z tr � M1+rn 7LY+cra 0Mcc Bldg fr 2(AO Otur Stone gold ®2399 7 W0 Discharge Reporting Form 9V rA• rr.)etbot{f! tor Aro INez •rcr rp rp5p rx► haws, w Use thus form to notdy the Department of Ermramental Regulation of t Results ct tank tightness testing that exceed alterable tolerances within ten days d receipt d test resue. 2 Petroleum discharges eicooding 25 gates cn pervices surfaces as described u Section 17.761460 FAO. retet Cite horkrg day d gy 3 Hazardous substance (CERCLA regulated), discharges c eedrng apptrcabte reportable quanul c estatirthed nn 17.761460(2) FAC.. wrilbrt one vorlung day of Via dscaery 4 Wrth'n one working day d discovery et suspected releases confirmed by (a) released regulated substances or pollutants discovered to the surrounding area (b) unusual and unexdaned storage system operating conditions. (c) monttenng twits from a teak detection method or from a tank dasure assessment that tndcate a release may have occurred. or (d) manual tank gaugng tesuks for tanks of 550 ga ohs Or less, exceeding tern gallons per weekly test or fire gallons averaged over lour consecutive v.eekay tests. Matt to the DER Orsrrrct Office to your area bred on the reverse side ei his tarn PLEASE PRINT OR TYPE r�1 r1-� Complete an applicable blanks 1 DER Factlrty ID Number 1 J C25° 1 .11-1 2 Tank Number 3 Date• I °f rq 3 GADovar LLS.A ?t3t-C Q C� . 11•0 5 " 5 r\A'a.m t 'F t_. 33130 4 Facility Name Facility Owner or Operator Fz ry Address r�t�� Te+epttane Number (30.3 b-+�L' -1-14' rim/ Ccunny.. MY:e n� Mtarling Address: P. o . 1 t v..fl f t �.. ��ti 3�-r3o 30- 3 ,one 5. Date el cecept et test 'mutts or discovery 6. Method d Intel dsrarery (circle one only) A. Liquid detector (automatic or manual) D. Empytng and Inspection. B. Vapor detector (automatic or manual) E. Inventory conUot. C Tightness test (underground tanks only). 7. Estimated number d gallons discharged: 3" F®. \ape a visible signs d a discharge in ttne rout}. G. Closure-,(exptam) H. DeerJ ' Q +- - 1(% ) eta.. -61-t, B. What part d storage system has leaked? (aide aD that apply) A. Disperser 9. Type et regulated su A. leaded gasdne 6unleaded gasoline gasohol bstarce d`;stharged. (crCe one) D. vehicular d.esel L usedlN=e a1 F. aviation gas M. dire. l G. let fact a nedlube oil B Pipe C Rung ng D. Tank °Unknown V hazardous sub=rce includes pestiades. arrmcxnla. dhtonne and derrrrrres (once in raze a Chemical Abv..ract Sernnce CAS norther) Z. other (write to name) 10.(5use d leak (circle all that apply) A Unknown C. Loose connection E. Puncture G. Spill B. Spar( 0. Corrosion F. Installation tarlure H. Overfill 11. Typed financial respcn bTrty. (circle one) A. Third party tnsucance provided by the state insurance contractor C. Not appricalJe OSetf.traurarce pursuant to Chapter 17.769500 P.A.0 D. None 12. To the beat of my knowledge and belle! tIl Information eubmltted onithta Ks Printed Name d Owner. Operator or Authorized Repre;entattvo Como-.. ova +ea le• rat.. 1 r., r...,�., Ibv vtc•ara YI {V a•Y +C..,..•• a.,a cs 1n^. orn a., see• tl ra �c e.wr+ errs 1r77 V , r tow sre �+or. ts.e triree, nave VIM TS, '.•sae vine. ix* rye" t. Other (specify) form la true, accurate, end complete. Signature of owner. Operator or sd.r. CumvaS row 0.•••171 r1u t-r r.l Yore• rev. }7C171,y{ rized Representative awn.C■ Dona .323 Cenci. 4 Iwo l Yr1 nro SXX 2nd AVENUE SW 8th STREET Gil ASPHALT kW-13 TW-0 x IHT-14 RW-1 MW-7 MW-19� (- __) _1 tW_6 4.85 F AI. EAST i �1lNF � - 21 4.82 ASP I IALT GiO }iW--22 RYSTEU courotm L ' / `, 4.85 "- ° �.£3S ASPHALT, LEGEND ® MONITOR WELL x RECOVERY YELL tin SURFACE DRAIN FUEL DISPENSER ISLAND —4.78 — WATER TABLE ELEVATION ---«- FLAW DIRECTION Rf.V { DESCRIPTION DATE APPROVED SCALE 0 WATER TA.L31 ELEVATIO? WELL FEET MW-1 MW-2 MW-3 MW-4 MR-5 kW -0 MW-7 VW-0 MW-0 M7Y - I 0 IEW-11 WIT- 13 11W--14 MW-10 104-20 MW-21 WI-22 4.02 4.82 4.81 4.83 4.00 4.02 4.00 NA 4.83 4.81 4.03 NA 4.08 NA 4.©4 4.02 NA FIGUBE 2: GROUNDWATER ELEVATION MAP 09/01/94 PRIPARID TOR CHEVRON #47071 190 OW 0th STREET MIAMI, FLORIDA �'F�Ci7NOLOG� C OI4POJWflON SW 2nd AVENUE GRASS SW 8th STREET ASPHALT 13 Tit -0 x UN-14 RW-1 MIT -19a) 11W-20 770 12,070 ND t PU1LP9 ) m ASPHALT NW-7 srIWiC1 ft4T10fl 1 u thflC1 °: It 10 .NNt_ 27 --- --- ASPHALT LEGEND (D MONITOR WELL X RECOVERY WELL SURFACE DRAIN ( ) FUEL DISPENSER ISLAND BENZENE CONCENTRATION (pgR/ TOTAL VOA CONCENTRATION pig ) LITRE CONCENTRATION ((.4{{ lip Y 1 DE3CRIPT1ON DATE APPRDVW SCALE: Oft FIGURE 3: TOTAL VOA CONCENTRATION ! 09/01/94 PF:PARID TOR CHEVRON #44�70R77g1 191011�t,8Fh7LORIDA E7 Fig crfittav coHPO1tAT3Ot Exhibit F {00001271.DOCx 1 } Discharge Report Form PLEASE PRINT OR TYPE Instructions arc on the reverse side. Please complete all applicable blanks I. Facility ID Number (if registered): C1.401 0 1 3 3. General information (' Facility name or responsible party (if applicable): ^ t v./ e 6 r a ;i p C e3 r po r o_, O t-3 � , harger N DE? Form # 62-761,90(1(11 Form Title Dirctrhrtc Rcmtt Fern Etrcctive Date 2. Date of form completion: 0 / / 03 y FacilityOwner or rator or Disc a Contact Person: T to M O +' e N O Facility or Discharger M. 'ling Address: Location of Discharge (street address): i''. 0 6 Latitude and Longitude of Discharge (if known) MareN0 Tele�ho a Number: ('5i�) $ �' County: L} Q N /4%/ti )v-Q fu, bra, 3� ( O 4. Date of receipt of test results or discovery of confirmed discharge: 0 � tiOI month/day/year 6. Discharge affected: [ 1 Air X' Soil 7. Method of discovery (check all that apply) ( J Liquid detector (automatic or manual) [ J Vapor detector (automatic or manual) ( J Tightness test I [ Pressure test Statistical Inventory Reconciliation IX Groundwater 5. Estimated number of gallons discharged: 0 [ ] Drinking water well(s) [ ] Shoreline [ ] Surface watcr (water body name) [ I Intcmal inspection I I Inventory control (Monitoring wells [ J Automatic tank gauging [ J Manual tank gauging I ! Closure/Closure Assessment 1 j Groundwater analytical samples [ j Soil analytical tests or samples [ ] Visual observation [j Other 8. Type of regulated substance discharged: (check one) 1 Unknown • [ 1 Used/waste oil [ J Jet fuel • []Heating oil [ ] New/lube oil Gasoline [ ] Aviation gas [ [ Diesel [ ] Kerosene ] J Mineral acid I Hazardous substance - includes CERCLA substances from USTs above reportable quantities, pesticides, ammonia, chlorine, and derivatives (write in name or Chemical Abstract Service (CAS) number) 1 J Other 9. Source of Discharge: (check all that apply) ( ! Dispensing system I Pipe 1 ] Tank j Fitting [ ] Unknown 1 1 Valve failure (I Other 111. Cause of the discharge: (check all that apply) 1] Loose connection 1 j Puncture [ 1 Spill 1 1 Corrosion ( ) Firclexpl� ton j [ 'Overfill 1 1 Hurnan error 1 1 Installation failure [rOther C ` P'-k ak e St r`3 d 5 r a.. .{ l 'ec,' 11. ctionec s taken`[n response to the discharge: (I, f emu_ l o-r U r`1 i "ta-A e r\ W o- 5 e„,..,-t- Aow7J a r ic"-" -4-01 p:P-e l Q N z)rL':Ar ; j h-r 1-e`1- p:tos ,.�: l L;N S+L1ka 4-'14 [ I Barge (I Tanker ship 1 j Other Vessel [ j Pipeline [ j Railroad tankcar 1 1 Tank truck [ j Collision [ 1 Vehicle Accident 1 j Vehicle [ I Airplane [] Drum 12. Comments: 13. Agencies notified (as applicable): J J State Waming Point 1 1 National Response Center t-800 320-0519 1-800-424-8802 1 I Florida Marine Patrol (800) 342-5367 [ I Fire Department. [ 1 DEP (district/person) [County Tanks Program 14. To the best of my knowledge and belief, all information submitted oa this farm is true, accurate, and complete. 4-N'fia 1J Co iA o l') t) Printed Name of Owner, Operator or Authorized Representative, or Discharger Signature of Owner, Operator or Authorized Representative, or Discharger Groundwater sample was taken from Monitoring Well #4. Note 2 1/2 inches of free floating product (PPP). Monitoring wells #1,2,3, and 4 contained visible layers of FFP. 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 SITE NAME: Five Group Corporation ADDRESS: 720 SW 2 AVE Poor Original Photo of westernmost sumof regular grade UST, facing EAST taken 08/25/03. L. Product piping that failed has been removed and feeder rope remains in secondary. r Poor Original