HomeMy WebLinkAboutExhibitPROFESSIONAL SERVICES AGREEMENT BETWE1tN
CITY OF MIAMI, FLORIDA
AND
CFIEROICEE ENTERPRISES INC.
FOR BROWNFIELDS MITIGATION PROJECT
FOR CITY OWNED, PROPERTY AT 1199 NW Ger STREET
This Professional Services Agreement and any extensions hereof ("Agreement") is
entered. into This 3 day of Qe,4a1 e ( , 2013 by and between the City of Miami, n
municipal corporation of the State of Florida, whose address is 3500 Pan American Drive,
Miami, Florida 33133 (hereinafter referred to as the "City") and Cherokee Enterprises Inc., a
State of Florida for -profit corporation qualified to do business in Florida, whose address is 14474
Commerce Way, Miami Lakes 33016 (hereinafter referred.as "Provider" or "CEP').
RECITALS:
A. WHEREAS, the Office of Grants Administration Brownfields section is seeking
to continue environmental cleanup activity at 1199 NW 62nd Street (the "Site"), a contaminated
City owned property known as the Former Star Gas Station (the "Project") in which. the City of
Miami obtained ownership during an area -wide land acquisition of vacant parcels via the Home
Investment Partnerships Program funds (Resolution R-01-167, adopted February 15, 2001),
paying $19,900.50 for the vacant lot located at 1199 NW 62 Street; and
B. WHEREAS, a previous allocation of Environmental Protection Agency was made
by the Model City Trust for an.environunental contamination assessment and clean up by CEI,
and said funds originally allocated were insufficient for a complete cleanup; and
C. WHEREAS, the City of Miami allocated $35,000 from the Homeland
Defense/Neighborhood Capital Improvements Program Bonds (R-12-0339, adopted September
27, 2012); and
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D. WHEREAS, it is estimated that the additional cost to fully complete the cleanup
of the Site is up to $142,857.14, in which the State of Florida Department of Environmental
Protection ("FDEP") will contribute 65% of the project cost ($92,857.14) via the Preapproved
Advanced Cleanup Program ("PAC" or "Program"), and it is a requirement that the Site owner
contributes 35%.of the project costs ($50,000); and
E. WHEREAS, solicitation by Model City Revitalization Trust for a service provider
in compliance with all applicable federal, state and local regulations to complete the Brownfields
cleanup of the Site that was conducted in 2004, with C131 ultimately selected by the Trust (R-04-
038, adopted October 25, 2004) to complete the cleanup work upon receipt of all pertinent
documentation (hereinafter "Solicitation Documents") and work at the Site begun in 2009; and
F. WHEREAS, by Resolution R•13-0001, adopted on January 10, 2013 the City
Commission approved allocation of Community Development Block Grant ("CDBG") Close Out
Funds in the amount of $50,000 ("Orarit") for the City's cost share requirements • of the PAC
program in order to clean up the site for the purpose of encouraging private investment and reuse
of 1199 NW 62"1 Street, because the contaminated presence is an obstacle for reuse; and
G. • WHEREAS, the City is seeking to enter a professional services agreement with
CEI to complete the necessary work, in yvhich CBI has experience and familiarity working at the
Site through its initial 2009 and 2012 efforts,
NOW, THEREFORE,- in consideration of the mutual covenants and promises
herein contained, the sufficiency of which is hereby acknowledge by the parties, Provider and the
City agree as follows;-
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TERMS:
1, RECITALS; The recitals, exhibits and attachments are true and correct and are hereby
incorporated into and made a part of this Agreement,
1.1 ATTACHMENTS: Attached hereto and forming a part of this Agreement are the
following attaclmlents:
Attaclunent A: Proposal and Scope of Work for Remediation
Attachment B: Project Budget
Attachment C: Memorandum of Understanding
1,2, EXHIBITS: Attached hereto and forming a part of this Agreement are the following
Exhibits:
Exhibit A: Corporate Resolution •
Exhibit B: Insurance Requirements
Composite Exhibit C: City Authorizations of .Agreement, Property Acquisition, PAC Program
Agreement, and Authorization for Original Clean up
Exhibit D: Model City Trust Board Authorization Selecting Provider for Clean Up
Exhibit E: Florida Department of Environmental Protection Pre -Approval,
Solicitation Documents
Exhibit E: DERM Approval of PAC
2. TER11'I: The term of this Agreement shall commence the day the City Clerk's attest
the Agreement and, unless terminated in•accordance with the provisions hereof, shall continue
until, the sooner of, completion of the Services by Provider or J•ainuary 21, 2014,
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3. OPTION TO EXTEND: The City shall have the option to extend the term hereof for
a period not to exceed one (1) year, subject to extension of the Program and availability and
appropriation of funds.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions sot forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
B. Provider covenants, represents and warrants to the City that: (i) it possesses, and
shall continue to posses throughout the term of this Agreement and any extensions hereof, all
qualifications, licenses and expertise required under the Solicitation Documents and FDEP as
administered by DI?RM for the performance of the Services; (ii) it is not delinquent in the
payment of any sums due the City, including payment of permit fees, occupational licenses, etc.,
nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the
Services are and shall be, at all times during the tern hereof, fully qualified and trained to
perform the tasks assigned to each; and (iv) the Services will be performed in the manner
described in Attachment "A" and for the budgeted amounts as specified in Attachment "B".
-5, COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based an
the rates and schedules described in Attaohment "B" hereto, which by this reference is
incorporated into this Agreement; provided, however, that in no event shall the amount of
compensation exceed $50,000.
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
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sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of mobilization expenses (i.e. Attachment "B" includes mobilization expenses as a specific item
of compensation], then all biils.for mobilizations expenses shall be submitted in accordance with
Section 112.061, Florida Statutes, provided, however, the total amount of compensation plus
approved mobilization expenses shall not exceed $50,000.
6. OWNERSFIIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of.this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other, purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. MJDIT, MONITORING AND INSPECTION RIGHTS,:
A. The City may, at reasonable times, and for a period of up to five (5) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books, documents, files and records, In hard copy and electronic form of
Provider which are related to Provider's performance under this Agreement. Provider agrees to
maintain all such books, documents, files and records in hard copy and electronic form at its
principal place of business for a period of five (5) years after final payment is made under this
Agreement.
B. The City may, .at reasonable times during the term hereof, inspect and monitor
Provider's facilities and Provider's work at the Site and perform such tests, as the City deems
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reasonably necessary, to determine whether the goods or services required to be provided by
Provider under this Agreement conform to the terms hereof and/or the. terms of the PAC
Agreements and Solicitation Documents, if applicable. Provider shall make available to the City
all reasonable facilities and assistance to facilitate the performance of tests or inspections by City
representatives, All tests and inspections shall be subject to, and made in accordance with, the
provisions of Section 18-100 of the Code of the City of Miami, Florida, as same may be
amended or supplemented, from time to time.
C. The rights of the parties under this Section 7 shall survive termination of this
Agreement and any extensions hereof.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement,
9. )'13L1CR E CORDS; Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and. the public
to all documents subject to disclosure under applicable law, Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH P1OGRAM REQUIRE•M1 NTS AND FEDERAL STATE
AND LOCAL LAWS; Provider shall comply with all requirements imposed by the Grant
for the Program, including reporting, record keeping and other requirements. Provider shall also
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comply with and observe all applicable federal, state and local laws, rules, regulations, codes and
ordinances, as they may be amended from time to time.
11. IN1) EMVINIF ICATIQ»V;
A. Provider shall indemnify, defend and hold harmless the City and its officials,
employees and agents (collectively referred to as "Indemnities") and each of them from and
against all loss, costs, penalties, lures, damages, claims, expenses (including attorney's fees) or
liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any
person or damage to or destruction or loss of any properly arising out of, resulting from, or in
connection with (i) the performance or non-performance of the services contemplated by this
Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any
act, omission, default or negligence (whether active or passive) of Provider or its employees,
agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is
alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act,
omission, default or negligence (whether active or passive) of the Indemnities, or any of then or
(ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the
Provider to conform to statutes, ordinances, or other regulations or requirements of any
governmental authority, federal or state, in connection with the performance of this Agreement.
Provider expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from
and against all liabilities which may be asserted by an employee or former employee of Provider,
or any of its subcontractors, as provided above, for which the Provider's liability to such
employee or former employee would otherwise be limited to payments under state Workers'
Compensation or similar laws.
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B. The rights of the parties under this Section 11 shall suivivb termination of this
Agreement and any extensions hereof.
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then. Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by Jaw, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided. or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF AGREEMENT DISPUTES:
Provider understands and agrees that all disputes between Provider and the City based
upon an alleged violation of the terms of this Agreement by the City shall be. submitted to the
City Managei• for his/her resolution, pilot. to Provider being entitled to seek judicial relief in
connection. therewith, In the event that the amount of compensation hereunder exceeds Twenty -
Five Thousand Dollars and No/Cents ($25,000), the City Manager's decision shall be approved
or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief
unless: (i) it has first received. City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars
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and No/Cents ($25,000), or (ii) a period of sixty (60) days has expired, after submitting to the
City Manager a detailed statement of the dispute, accompanied by all supporting documentation
ninety (90) days if CityManager's decision is subject to City Commission approval); or (iii) City
has waived compliance with the procedure set forth in this section by written instruments, signed
by tho City Manager.
14. CITY'S TERMINATION RIGIITS:
A. The City shall have the right to terminate this Agreement, by giving Provider al
least five (5) business days prior written notice, upon discontinuance or termination of the
Program, unavailability of Rinds, or if the City determines, in its sole discretion, that
continuation of the Program or of Provider's services are no longer in the 'best interest of the
City. In such event, the City shall pay to Provider compensation for services rendered and
expenses incurred prior to the effective date of termination. ht no event shall the City be liable
to Provider for any additional compensation, other than that provided heroin, or for any
consequential or incidental damages.
B. The City shall have the right to terminate this Agreement, without notice or
liability to Provider, upon the occurrence of an event of default under the Grant or under this
Agreement, In such event, the City shall not be obligated to pay any amounts to Provider and
Provider shall reimburse to the City all amounts received while Provider was in default under
this Agreement,
15, INSURANCE: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required bythe City. All such insurance, including renewals, shall
be subject to the approval of the City for adequacy of protection and evidence of such coverage
shall be fbrnished to the City on Certificates of Insurance indicating such insurance to be in force
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and effect and providing that it will not be canceled during the performance of the services under
this contract without thirty (30) calendar days prior written notice to the City: Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
hereunder, provided, however, that Provider shall at any time upon request file duplicate copies
of the policies of such insurance with the City, See Insurance Requirements attached hereto and
incorporated hereby.
If, in the judgment of the City, prevailing conditions warrant the provision by Provider of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Provider of an amount of coverage different from the
amounts or kind previously required and shall afford written notice of such change in
requirements thirty (30) days prior to the date on which the requirements shall take effect.
Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty
(30) days following the City's written notice, this Agreement shall be considered terminated on
the date that the required change In policy coverage would otherwise take effect.
16. NONDI.SCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in disoriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, ago, disability, marital status, sexual orientation or national origin. Provider further
covenants that no otherwise qualified individual shall, solely by reason of his/her Taco, color, sex,
religion, age, disability, marital status, sexual orientation or national origin, be excluded from
participation in, be denied services, or ,be subject to discrimination under any provision of this
Agreement.
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17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in
the City's sole discretion.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day alter being posted
or the date of actual receipt, whichever is earlier,
TO PROVIDER:
Cherokee Enterprises, file
14474 Commerce Way
Miami Lakes, F133016
Attention: Gabino Cuevas, CEO
E-mail: gc(7cherokeecorp.eout
19. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
13. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made- in writing.
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TO THE CITY:
City Manager, City of Miami
444 SW 2nd Avenue, 10th Floor
Miami, FL 33130
Department Contact: Harry James
E-mail: hjames@miamigov.com
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with. such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS, This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR., Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida.
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or :agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for Program activities and the Agreement is
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subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
23. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
representations contained in the Solicitation Documents and in the FDEP and EPA requirements.
24. ENTIRE AGREEMENT: • This instrument and its attachments and exhibits constitute
the sole and only agreement of the parties relating to the subject matter hereof and correctly set
forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements,
promises, negotiations, or representations not expressly set forth in this Agreement are of no
force or effect.
25. COUNTERPARTS: This Agreement may be executed in three or more counterparts,
each of which shall constitute an original but all of which, when taken. together, shall constitute
one and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
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(REMAINDER. OF THE PAGE LEFT BLANK)
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ATTEST:
By:y
Witness:
A1"IEST:
10
Tod s annon, City Clerk
APPROVED
REQUIRE
alv 1 Ellis, Di 7i k Managem - nt
l
Date
APPROVED BY THE DEP/MMENT
OF GRANTS ADMINISTRATION
Cherokee Enterprises, Inc., a Florida For -Profit
Corporation as "Provider"
q.b.1 By: ,.er r ?/ /3
Date
Gabino Cuevas, CEO
"City"
CITY OF MIAMI, a Florida municipal
corporation
By:
kr Johnny Martinez,
By:
Lillian B(ondet, Grants Administrator
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y Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Julie O. Bru,
City Attorney
14
DETAILED BUDGET
COST SUMMARY'OF EACH TAS
Task. #
Description
`DEP
Share (65%)
City of Miami
Share (35%a)
Total
I
Additional Site
Assessment
$2,657.14
$1,430.77
$4,087.87
2
Preparation of
Remedial Action
Platt (RAP)
Modification
$1,400.00
$7S3.85
$2,153,85.
3
Implementation. of
Remedial Action
Plan
$78,300.00
$42,16.1,54
$120,461.54
4
Post Remediat on.
Monitoring of
C#roundwater Wells
$9,000,00
$4,846.15
$13,846.15
5
Well Ahandontnent
.and Closure Report
$1,500.00
$807,69
$2;307,69
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Attachment A
Cherokee Enterprises incorporated Proposal and Scope of Work for
RemediatIon at 1199 NW 62nd Street
Engineers & Contractors
Transmitted P!a L�-1l9ctil
Deoem]rer 11, 2012
Mr. Harry James
Environmental Compliance Specialist
City of Miami
444 SW Second Avenue
Miami, F1133130
Re: Additional Site Assessment and Remedial Action
35% of PAC Proposal -- PAC #265
Forgoer Star Service Station #1224
1199 NW 62ed Street, Miami, Florida
Miami, Miami -Dade County, P_Iorlda
FDRP # 1385060,94, DERM UT-1006
CEI Project No. 70117.0(36
Dear Mr. James:
Cherokee Enterprises; Inc. [CEI) is. pleased to submit to the City of Miami this scope -of -work and
cost estimate associated with the former Star Service Station #1224 to conduct additional site
assessment and subsequent environmental modifiedremedial work for the cleanup of remaining
petroleum hydrocarbons in soils and groundwater at the above referenced facility under under the
United States- nvironmental .P-rotectlon Agency (LlSEPA) Cleanup Grant (Grant:140,T Bfr=9fi430805-
0), As per telephone conversation conducted on Monday.March 9, 2009 aiming representatives
from DERM, CEI, EPA and City of Miami, it was agreed that the .remedial activities (i.e„ soil
excavation, sogregatlon,.stocicplling, sampling, disposal, lnackfilUng,•>a.ite restoration, etc.) will be
completed under the EPA grant: The remedial activities associated with the •open trench alr
sparging, replacement .monitoring well installations, sampling anti reporting will be completed
under the State of Florida Pre -Approved Cleanup (PAC-266) program (6S% cost share) and EPA
grant (35% cost share). On May 21, 2009, the City of Miami issued a PO (No:.903198) to CEI via
the Liberty City Revitalization Trust (LC` -I) for. Work associated with soil excavation, segregation,
stockpiling, sampling, disposal, backfi111ngrsIte restoration.
In •April 2009, CEI submitted an updated LSRAP to DERM. • 1n addition, CEI submittacl LSRAP
addendum In a letter dated May 7, 2009' regarding the proposed air sparging activities and
submitted supplemental information in a letter dated May 15, 2009 regarding the Post Active
Remedial Monitorfng (PARM) wells, 7n a rhemo dated May 2-8, 2009, the-DERM issued the Reinedtal
Action Plan -Approval Order, .A copy of the DERM's LSRAP approval letter end other related
correspondence, as well as minutes' from the meeting held on March 9, 2009 are included -in
Att lclanentA.
I3-foss.
Cherokoo tinterprh ', Inc.
14474:Camrritxca Way MIaml Lakes, FL 33016 P:305.828.3353 F; 305,629.'317 www.charokoecnrp,con Uconao No.; C0C1605536
Mr. Harry James, City of Miami
December 11,2012
Page2of9
bug/mfr.! 8e Contractors
The remedial activities performed at the site included the following tasks:
o • Excavation (source removal) and disposal of petroleum -contaminated soils Just above and
below the water table;
• Simultaneous air sparging of groundwater in the open excavation;
a Removal of any groundwater with visible sheen and for free floating product (FFP);
• Backfiil, compaction and restoration to original surface conditions; and,
• installation of replacement wells, sampling and data reporting,.
Between May 19 and July 31, .2009, CEI conducted the removal of 830,29 tons of petroleum -
impacted soils from two (2) areas within the forrner Star Station property, Contaminated soils
were primarily excavated from tho 5 foot to approximately 14 foot depth interval, and soils from
the 5 to 9 foot depth interval were transported offsite for dlsposaL Soils from land surface dcwn to
5 feet were stockpiled onsite and reused as backfill. To ensure removal of contaminated soils along
the horizontal extent of the excavation, soils from the vad ose zone along the excavation sidewalls
were field screened for organic vapors, and confirmatory soil samples were taken from each.
excavation sidewall for laboratory analyses of VOAs, PAI-is, and TRPHs. Field screening results of
the soil samples were all below 10 ppm, and laboratory analytical results of th.e confirmatory soil
samples were below applicable SCTLs established in Chapter 62-777 FAC.
CEI also conducted removal of approximately 5,407 gallons of T'FP and/or petroleum water with
sheen, discovered in the groundwater duringsoil excavation atthe 5-9 foot interval,
Once removal of contaminated soils that were impacting groundwater in the area was•completed,
an open air sparging system was used to facilitate:the renlediation of dissolved hydrocarbons
through volatilization in the groundwater. The air sparging system was. operated 8 hours a day for
a total. of S days at,a time at each excavation area.. Upon completing 5 days of air sp.arging,
groundwater samples were taken from each of the open excavaflon areas, The groundwater
samples talten •front the open excavation revealed that the concentrations .of COCs 'previously
detected above. OCTLs had. drainatically, decreased, and most of them were detected below
applicable GCTLs, Furthermore, the majority of COCs were not detected at concentrations above
laboratory detection limits, • . `
In an e-nail dated June 5, 2009, CEt notified the LCT and City of Miami indicating that CP1.had
received an e-mail from DERMJPDI P regarding the postponement of the PAC-f'undi;ig from FDCP
due to budget•cuts. DEISM discovered about it when they were in the process of getting the 65% of.
the work order (for work associated with remaining air sparging,•13 wells replacement, and 16
wells sampling./reporting) executed with FOEP. In the same e-mail,' C121 submitted the cost and
funding breakdown associated with the remaining work to the City of Miami, In an e-rnriil dated
June. 8, 2009, the City •of Miami authorized CBI to proceed with the .open. trench air sparging
activities in order for the representative from EPA to• observe the sparging activities,. In an e�nrail
dated June 9, 2009, CEI notified the City of Miami ofthe additional required cost to complete the air
sparging activities and indicated that CBI will mobilize to the.si'te to complete•the open trench air
sparging 61Ctivities, , Between approximately June 10, 2009 and June. 24, 2009, CEI completed two
(2) weeks o.fair sparging activities,
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Bngineare& Contractors
MnHarry James, City of Mlaml
December 11,2012
Page 3 of 9
• In an e-mail dated August 6, 2009, CET was notified by DERM that the MEP has funded the 65% of
the cost share for work associated with the remaining work (Lee well replacement, sampling, and.
reporting), On August 10, 2009, CEI received the work order for above related work.
In an e-mall dated August 12, 2009, GE! submitted a request to DERM to reduce the number of the
required replacement wells font 13 to 5 due the following reasons:
• Recluiretnent.of a minimum of two (2) monitoring wells.
• Funding from.the EPA Brownflelds grant has been exhausted; and,.
• CBI has attempted to propose the most effective site closure approach, using cost as a major
lltnitatton, in order to finalize the current cleanup completed at a significant expense
already,
In a memo dated August 28, 200% the DERM concurred with CFI's recommendation to reduce the
number o]'monitoring wells font 13 to 5, and requested the Installation of one (1) additional well.
On October 1, 2010, upon obtaining the 35% funding from the Clty of Miami and more than a year
after completion of the open -trench air sparging activities and bacicfilling of the excavation areas,
six (6) groundwater monitoring wells MW-36, MW-37, MW-38, MW-39, MW40,and MW-41 were
Installed in accordance with the August 28, 2009 DERM memo. The wells were'sampled for VOAs,
PAHs, and TRPHs, Laboratory analytical results from the newly installed monitoring. wells were
detected below. groundwater CTLs established In Table 1 of Chapter 62-777 PAC, with the exception
of monitoring wells MWs-37 and .38, in monitoring well MW-37, the concentrations for
ethylbenzeno and total.xylenes exceeded the groundwater CTLs and NADSCs established in Chapter
62.777 PAC. Concentrations for toluene,1-Methylnaphthalene, and 2-Methyl,`taphthalene exceeded
the groundwater CTLsrbutwere below NADSCs established in Table 1 of Chapter 62-777, PAC,
In monitoring well MW-38, the concentrations for total xylehes exceeded the groundwater CTLs
and NADSCs established in Table.1 of Chapter 62-777 FAC. The concentration for et ibenzene
exceeded only the GC'I'LS, but was below NADSCs established in Table 1 of Chaapte.r62.777, FAC
Based nn visual observations, field screening, and analytical results; contaminated sofls'in the
smear zone that was impacting groundwater were removed. Analytical results of groundwater
.samples collected after implementing the air Eparging system showed a significant reduction In
contaminants Levels and plume size. However, despite the reduction of contaminants levels and
plume size in the groundwater, some of the VOAs and PA! -Ls compounds persist, particularly in two
(2) monitoring wells 'within excavation Area 2, .More specifically, ethylbenzene and total xylene
concentrations exceeded GCTLs and NADSCs in MW-a7 and MW-38.
Based on the above, in a.Source Removal deport (SRP) datedjanuary 2011; CBI recommended the
installation of one (1) additional well east of MW-37 and north of MW-38 to oonffrm the
contaminant extent, This proposed new welt (MW.42), shown on. Figuro Y,. will be sampled for
VOAs, Mils, and TRPH, In addition, CEI recommended that Post Active Remediation Monttoiiug
(PARM) ire approved for MW-31, MW-32, MW-36, MW-37, MW 38, MW-39, and the new well noted
above.
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gnc9lnoera & Contraetoro
Mr. Harry James, City of Miami
December 11, 2012
Page 4 of 9
Ina memo elated February 3, 2011, the DERM did not concur with the proposed PARM and
requested that a Remedial Action Plan Modification be 'prepared to address the remaining
contamination. However, the DERM concurred with the installation of the one (1) .additional
monitoring well MW 42: A. copy of the DERM correspondence Is included as Attachment A.
SCOPE -OP -WORK
Task No.1 - Additional Assessment Activities
Response to the February 3, 2011 DERN! Memo:
• To address the comment of the February 3, 2011 DERM memo, CEI will supervise the
installation. of one. shallow monitoring well MW-42, Groundwater samples will be..
collected from MW-42 for analysis of VOAs, PAHs, end TRPHs.
Event 1; MobltizcrtIon and Well Installation (Line items)
• C-I; 2-Person Mobilization (1); ono for soil sampling. .
• C•9: Drilling setup — including underground utility clearance for installation of a well
and coordination with drtller(s). .
• C-7; Well Install' (<= 20 feet) (1); MW-42,
• C-19: Well Sampling with Water Level (-1); Sampling of MW-42.
• C-24: Kit Allowance (1)
• G-1: Laboratory (Genapure). Groundwater analysis.
• G4: Drilling(Envlro-Drill). one (1) 2-Inch by 15 foot shallow monitoring.wells
• G:9: D1sp.esal..(WPC) it is.. anticipated 'one (1) -55-gallon drums of pett'oleutri-
contaminatod soil and one (1) SE -gallon drum of petroleum -contact water will be
generated from drill cuttings:anti well development water.
• H-2: Late Report
Tota11?stimated Cast. of TaekNa1 .............................. tom ...... Iry .......... ........,$4,08'7,87.
Task No.2 - Preparation of RemedialAction:Plan lviodli cation
Prepare a Level 2 Remedial Action Plan Modlfiication with a more active remedtation approaches
such as alrsparging, chemical injection, soil vapor extraction or source removal:to be utilized at this
site. In addition a thorough evaluation ofreniedial alternatives will be conducted.
• H.6: Level 2 RAP Modification.- Preparation 6f aRAP Modification,
The Level 1 RAP Modification will be signed and sealed by a Professional. Engineer registered In the
State of Florida, and two (2) hard' copies of the report Will be submitted to the DERM: Three (3)
13
w.vw.ehe rokaomorp•corn
Mr. Harry-james, City of Miami
December 11,2012
Page 5of9
hard copies of the report including one (1) electronic copy will also be forwarded to the City of
Miami. The report will include a detailed description of a more active remediation approaches such
as air sparging, soli vapor extraction or source removal to be .utilized at this .site. In addition a
thorough evaluation of remedial alternatives will be con.dticted and reported. In addition CPI will
submit a copy pf the report in an electronic writable format (e.g. word, Excel, AutoCAD) on a. CD to
DEEM and City of Miami.
Total Estimated Cost of Task No.2......... ................. ...._......».....,.......... .1..... "$2,153.85.
Task No.3 —Implementation of Remedial Action Plan
The scope of work can be divided into four (4) separate events as indicated below:
.vent No.1 - Health and Safety Plan, Utllfiy Cfearance, Site Preparation, Excavatlarr,
Stockpiling, and Confirmatory.Soll Sampling.
• Prepare and submit a health and Ssfety Plan (HASP),
• Coordinate field activities with the site owner and subcontractors.
• Obtain City. of Miami and/or Florida Department of Transportation (FDOT) right-of-way
permit, •as necessary.
• Conduct an underground utility clearance within the work area through the Sunshine State
One Call Service, and private utility clearance (i.e., ground peuetratieg radar),
• Mobilize•appropriate field personnel, equipment, and materials to the site.
a Install fencing around the proposed work area, including access gates anti water -filled
jersey barriers.
• ' Extevate within one (1) separate areas. measuring approximately 30 !eet by.30 feet (Area
1)'at a depth of approxlinately'I4feet Below land surface (BLS). This is equivalent
approximately 467.cubtc yards (554 tons). ,See the attached Figure 1.for the proposed area
of work.
m Stockpile excavated soils not documented .as contaminated (based on visual. inspection
and/or Orga.nliVapor Analyzer (OVAJ readings) 'from the 0 to 5 foot interval within the two
(Z) arena to be reused as backf ll.
• Stockpile excavated soils from .the 5 to 9 foot interval within the one (1) area
(approximately 133 cubicyards(186 tons) on a separate area to be transported offsite for
disposal,
• Stockpile excavated soils from the. 9' to 14l' foot .interval within the two (2) areas
(approximately 167 cubic yards/234 tons) on a separate area for further soli
.characterization, ff these soils are Found 'to be contaminated, disposal of these soils
including required clean fill wilt be handled under the allowance account.
• Excavated soils will be stockpiled on a vlsqueen surface. The use of a berm type enclosure
and cover -will be used to prevent water runoff from stockpiles with saturated.solls. The
stockpiled soil willbe covered to include beyond the berm area to prevent storm water
accumulation.
Mittairiggl
Viww.chorokoccorp.eciin .
Mr. Harry James, City of Miami
December 11, 2012
Page6of9
Enginodrs& Contractors
• Confirmation sampling and analysis activities wilibe conducted within the excavation area
to confirm that soil containing hydrocarbons at concentrations greater than the Residential
Soil Cleanup Target Levels tSCTLs) have been removed, if the results orthe confirmation
sampling Indicate that hydrocarbon .concentrations In the soft continue to exceed the
Residential SCTLs, then addidunal excavation rind confirmation sampling will be performed.
Following removal of the soil to the %itilal limits described above, field screening will be
conducted et the base and stdewalls of the excavation every 20 feet horizontally and at two
(2) foot intervals vertically, to a depth of' 1-foot above the water table (or depth of
excavation) using.a portable .Organic Vapor Analyzer equipped with Flame Ionization
Detector'(OVA/FID) Instrument If OVA/FID screening of the surficlal soil at the base and
side walls of the excavation Indicates that hydrocarbon concentrations are less than 10
parts per million (ppm), soil samples will be collected .for laboratoryanalysis.
Collect one (1) confirmatory soil sample per each excavated sidewall (12) from a location
likely to be impacted by petroleum constituents as determined through field screening and
observations. If no posit:lve field screening (OVA e10 ppm) or other evidence of
contamination exists, confirmatory samples for analysis shall be from the interval one foot
above the water table. Submit soil samples to a state certified laboratory for analysis of
Volatile Organic Aromatics (VOAs), Total Recoverable Petroleum Hydrocarbons (TRPHs) via
FL -PRO, and Polynuclear Aromatic Hydrocarbons (Palls), All sampling activities will be
conducted in accordance with the Florida Department of Environmental Protection's
(FDEP's) Standard Operating Procedures for Field Activities.
• Collect three (3) composite soil samples, as per Chapter 62-713 Florida Administrative Code
(FAC), from soils excavated from the .5 to 9 feet BLS (when sampling for volatile organics,
discrete sampling will be required). *Submit the soli samples to a state certified laboratory
for analysis of Volatile Organic 1•lalocarbons (VOIis), PAHs, TRPHs, TO'X, and four (4)
. Resource Conservation and Recovery Act (RCRA) metals (i.e., nrsentc, lead, chromium and
cadmium) for arrangement'af soil disposal.
• Collect three (3) composite soil samples, as per Chapter 62-713 FAC, from soils excavated'
from 9 to .14 feet BLS (when sampling.for volatile organics, discrete sampling will be
required). Submit tho samples to a state certified laboratory for :analysis '(regular
turnaround time) of the Gsasollne and Kerosene Group. parameters (Le., VOAs, Mils, and
TRPHs), es per Table B of Chapter 62-770 FAC, to determine the presence of contaminants.
If contaiminents are detected and exceed cleanup target levels speelfied in Chapter 62,777
PAC, additional soil enatysis and disposal. (not included in this proposal) would be -required,
If contaminants are below the cleanup levels stated above, the soil would be returned to the
excavation as clean backfill, •
Event •No:,2, lmplernenttrtlbn of air sparging system and confirmatory groundwater
sampling,
• Mobilize appropriate field personnel, equipment, and materials to the site.
i Setup, start up and testthe air•sparging system for, proper operation.
• Operate the air sparging system for an approximate a -hour period each day for five (S) days
at the excavation area (5 days total).
1.2
rnwa.chorol:secorp.com
Mr. Harry James, .City of Mlaml
December 11, 2012
Page 7 of 9
.tnginogrr h Conkoerorr
• Conduct Air monitoring around the excavation areas and the vicinity,' in accordance with the
action levels indicated In the LSRAP and HASP.
• Co1}act grab groundwater samples from the open excavation at the conclusion of the,5•dqs
air sparging activities. Submit groundwater saniples to a state' certified laboratory for
analysis of VOAs, PAHs and TRPHs (2.4 hours hum -around time),
EventNo,S - Disposal of Contaminated Soils, » ackfilffng, Compaction, and Site Restoration.
CEI will complete the following activities:
• Mobilize.appropriate field personnel, equipment, and materials to the site.
• Transport and disposed of contaminated • soils from the 5-9 foot depth interval
(approximately 133 cubic yards / 186 tons).
• Backfill and compact excavation .(upon completion of die air sperging activities) with
original soils classified as non -contaminated (based on soil screening data for sobs from 0
to 5- feet interval and laboratory analyses for soils from 9 to 14 feet Interval), and new clean •
fill.
• Prepare and submit a comprehensive report to the City of Miami, EPA and DERM
summarizing all field activities from Tasic i#1 through Task #4. The report will include at a
minimum copies of laboratory report and chain of custody, analytical results, summary of
field activities, soil disposal manifests, photographs, 'drawings, recommendations for the
next appropriate course cif action, and any other applicable documentation.
Event No,4: Groundwater monitoring wells Installation, sampling and source removal
report.
• 'Mobilize 'appropriate field personnel, equipment, and materials to thesite, Replace three
(3) groitndvvater-monitorin.g Wells to matcfi originals In the are of excavation. Each of the.
shallow monitoring. wells will be constructed of 2-inch diameter, schedule 40
palyvinylchlorlde (PVC) casing, With 10 feet of 0.010-inch slotted screen. The well casing
was set through the center of the hollow stem auger, and approximately 2 feet of screen was
placed above the water table to allow for wet and dry season variations. The shallow wells
will be set at approximately 15 ft below land surface (BLS) depending on the Reid -estimated
depth -to -water Level at the site of installation.
Since the wells will be installed in a newly bacicfilled area, drill cuttings will not be •
containerized .and will:be spread In the area.. However, well development water will be
Containerized in 55-gallon. drums and disposedofpraperly.
• Submit to DERM well completion logs for each monitoring weir Installation. .
• Mobilize appropriate field personnel, equipment, and materials to the site.
• Sample the three (3) replaced groundwater -monitoring wells and 3 existing monitoring
wells no sooner than ten days after backfilling each. excavation. Submit the samples to a
state certified laboratory for analysis of VOAs, PAHs and TRPF1s.
• Submit to DERM groundwater sampling results for review,
• Prepare and submit a comprehensive report to DERM summarizing all the field activities
from Event #1 through Event #2. The report will include at a Minimum copies of labor atcny
report and chain of custody, soil and groundwater analyticat results, summary of -field
www.chelokeetorp.eom
Mr, Harry James, City of Miaml
December 11, 2012
Page8of9
Enainonra 9. Cwittileton
activities, waste manifests, photographs, drawings, recommendations for the next
appropriate course of action, and any other applicable documentation.
Total Estimated.Cost of Task No.3................IT Ilk ........................:tu...,...,.,.,,..$1x0,46:11541
Task No.4 -- Quarters 1 through 4 - Past Active Remedial Monitoring (PARM)
Groundwater Monitoring Wells Sampling and FARM Report
• Mobilize appropriate field personnel, equipment, and materials to the site.
a 'Sample the three (3) replaced groundwater -monitoring wells and seven (7) existing
monitoring wells. The number wells can be reduced based an the site condition after
completion ofsource removal and open -trench air sparging activities.
• Submit the samples to a state certified laboratory for analysts of VOAs, PA}is and TRPHs,
• Submit to DERN groundwater sampling results for review.
• Prepare and submit a comprehensive report to BERM summarizing all the field activities.
The report will include at a minimum copies of laboratory report and chain of custody,
analytical results, summary of field activities, waste manifests, photographs, drawings,
recommendations for the next appropriate course of action, and any other applicable
documentation.
Total Estimated Cast of Task h'v,4.......................................... ...„...... ,......$13,846. 1 S.
Task No.5 -Well Abandonment and. Reporting
L0 - Thfs task will be completed once a final site closure is obtained.
• Mobilize appropriate Field personnel, equipment, and materials to the site.
• Properly abandoned all on -site groundwater -monitoring wells.
Total Estimated Cost of TaslrNo.5....... ........................ ...........,..........,.......$2,307.6 .
www.tharo kn neorp. to m
Engineers Q Cortiracturs
COST SUMMARY'
Mr. FIarry James, City of Miami
December 11, 2012
Page 9 of 9
Task #
Description
PIMP
Share (650/0
City of Miami
Share (35%)
Total
1
,
Additional Site
Assessment
$2,657.10
$1,430.77
$4,087.87
Preparation of
Remedial Action Plan
$1,400.00
$753.85
$2,153.85
3
Implementation of
Remedial Action
Plan/Reporting
$78 300.00
$42161.54
$120,461.54
4
One Year Post Action
• Remedial Monitoring
$9,000.00
$4,846.15
$13,846,15
5
Well Abandonment
and Reporting
$1,500.0-0
$807.69
$2,307.69
Totals
$92,857.10
$50,000.00
_N142,857.10
]Votes;
1. The cost summary associated wit) Task Nos. 1 through S ore budgetary estimates as It may change based on the
extent of the contamination and ffral remedial plan.
Al] sampling activities will be conducted in accordance with the Florida Department of Environmental
Protection's (FDEP's) Standard Operating Procedures for Field Activities,
CEI is pleased to have the opportunity to provide DERM and City.of Miami with a cost proposal for
these services. If you have any ciuestions or require further information, please call us et (305)
828-3353.
•
Sincerely,
Clil ROKEEs ENTERPRISES, • INC.
Ani tnuei Worku, P.E.
Vice President .
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SOURCE REMSOVAL REPORT
SITE PLAN
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SOURCE REMOVAL REPORT
POST SOURCE REMOVAL AND AIR SF'ARGING
ACTIVITIES GROUNDWATER QUALITY ' MAP
(M0NrfORINC WELL SAMPLES) •
14479 COMM'S 1101Y
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Attachment B
Project Budget
Project Budget
Task #
Description
FD EP
Sham (6S(Yo)
City of Miami
Share 05%)
Total
1
Additional Site
Assessment
$2,657.10
' $1,430.77
$4,067.87
2
Preparation of
Remedial Action Plan
$1,400,00
$753.85
$2,153.85
3
Jrnpleme-ntation of
Remedial Action
Pion/Reporting
$78,300.00
$42,161.54
$120,461.54
4
One Year Post Action
Remedial MOnitoring
$9,000.00
$4,846.15
$13,846,15
5
Well Abandonment
and RpOrting_
$1,500.00
$807.69
$2,307.69
Totals
M85740
350,00.00
$142,857.10
MoRANDI 1 i OF IINDERSTAPlasIG
THIS Meniorandtun of 1lndertitanding ("M.O.11.") is . entetell into on the day of
2013, by and between the City of Mitint Grants Administration ("G.A.") and
f6.e City of.Mrarni Department of Coma t nity and F..cai omia *Development ("C.B.D."), both of
whom em collectively referred to herein. as "the Parties,"
The Parties certify that:
1. The Parties acknowl edge that work to be perfbnned putsuauk to. this M,QU. will
be partially funded by the Community Development Block Grant ("CDBCT") funding provided
under Title 1 ale Housing and. CommunityDeveIoprnent Act of 1974 and as such is subject to
the criteria and conditions associated therein.
2. The Parties will adhere to any and all requirements and laws set forth by this
M.O.U.
3. Insoiar.as they may be applicable, the. Department wtfi comply with the Copeland
Anti-1Ciekback Act, Contract work Hours and Safety -Standards Act, Lead-Based;Poisoning Act
and other related acts, ss applicable
4. CIA. will obtain an enviroiunental clearance memorandum from C lr..D, and a
written •notice to Proceed prim' to 0,A. performing envi;`triunental cleanup pursuant. to this
M.O.U.
5. The term for the utilization of the funds pursuant to tie 1vL.0.11 shall commence
on the date this MOD is executed -by the Parties and end an December 31, 2013,
6. The work contemplated by s lvi.0,11, is described. in Exhibit A ("Work
Program"). Also, G.A. a0.11 provide a detail deseripfiox for the •implethentaiion of this project
including project milestones, a timeline for completion -and deadlines which ears attached hereto
and made part of this M.O.U, This is to. include all phases Eddie project
7. The•buciget foi-the WorTc Program is del lied in Bxliibdt B.
F.. Insofar as it may Be applicable, the Parties shall comply with the applicable
requirements of Section 3 rrf the .Housing and Urban Development Aot of 1968, as amended, 12
U.S.C. 1701u,. arid the Code of Federal Regulations ("C.F, ."),Title 24, Scotian 135.
• 9; The Parties agree to include the .following reibrence in every subcontract issued
pur ua t to till MOU:
Insofar as it.maybe applicable, the subcOntrotor shall comply svittitbe applicable requirements
of Sedion 3 of the Housing'and Urban Development A.ct of 1958, ss amended, 12 U,S.C. 1.701n,
and the Code of Federal RegulationS ;"C.P R ".), Title 24, Section 135.
10'. The 'Parties agree to operate in accordance with -the 'Office of Management and
Budget.("O.M.I3."), O.M,11. CirotalarA 87 revised, "Cost.Principles -for State, Local, and Indian
Taal GCiverm ieuts," and C.F.R., Title 24, Part 85, "Uniform Administrative Requirements for
Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal
Governments,' as splslicable.
12. The Parties shall comply with all applicable provisions 'of C.F.R., Title '4, ?art
'570, Subparts 4, C, T3, r, K, and 0, and shill carry ont each activity pursuant to this M.D.U. in
compliance with all applicable federal laws and regulations set forth therein.
13. The Forties shall maintain current documentation for pulps of showing that its
activities ,pursuant to this M.O.U. are eligffbie for fundingturcler Community Development Block
Grants ("CDBG" ):.
14. The Parties agree to retain records relevant to the Work Program for a period of
Eve ("5") years from conipletion of the work performed pursuant to tits Work Program.
15., G.A. shall permit C.B,D. and its designees' to .inspect .all agreement records,
facilities, goods, and actinides of G.A. 'which are in any way related td the .activities undertaken
pursuant to the Wolk Program.
16. Upon expfration or termination of the 'Work Program; G.A. shall transfer to
CE?.17. any remaining fends derived from 'CD13O for purposes funding work puusuant to the .
Work ProGgrejrs,1tMid try accounts re "eivable. attributable to the use oi'saela CDBG funds.
17. Any program income produced as u result of.tho wark:per£orn ed pursuant to this.
1v4r0..U.'shall be paid to. C.B:D. upon the expirafleni or termination of this M.O:U.
18. .lu the event C.E.D. does not -receive funds to Eneaace the Wotic.Program from the
sourer rdvronaed in this M.O.U., .ar in the evens tart such funds became de -obligated by Such
ources, E i3. may'torminate'the Work -Program once notioe has been provided to Q4A. Suth.
notice .shall be written and shall be provided to Q.A. no soaiier than twenty-fonr.hours ("24") in
advance of C.E.D.'s teainiudian of tbe. Work Program.
.19. O.A.'wlli.provide a detailed report ofprojeet accomplishnJents with each payment
request and complete a C.E,ll. Close-out Pinanciat Package at.the end of the report.
20, The Parties agree to enforcatthe following cerdt`ioat#ons 1 om ail. contractors used
T3ursU.ant to the Work Trogra .:
CERTIFICATION EAR1)mTG L.(BB'Y1NG,
QEATIFICATION REGARDING DEPAMONT, SUSPENSIONS & YLPt
RESPONSISILTTY.MATTBPA PRIMARY COVEAD TRA.10ACTIONS;
SWORN STATEMENT PURSUAIC TO SECTION 287.1.33(3)(a),FLORIDA STATUTES;
DISABILITY NON-DIS.CRIMINATION CERTIFICATION;
DRUG -FREE WORIC.PLAC'E cERTI.FICATIOM
CEATIFICATE OF SOUND FISCAL 1vIANAGEWIENT;
DECLARATION OP FINANCIAL INTEREST.
21.. Insofar as they may be applicable; the Parties agree 'to comply with tile Davia-Bacon Act,
specif °ally with the provisidn ofHUD Form 4010, Federal Labor Standards Provisions.
City of Miami Grants Acimlnisixation
5-
bate
Directorl Grants Administratirm
City of Miarril Department of Community and Edonomia DaValopment
geogffryDP)
Director, Department of Community anti Economic Development
EZ ttBIT A
WORK PROGRAM:
1199 NW 62 STREET REME1MAT.mON PRQ1C
1. O.A. shall tine the funds ter public facilities and improvements aathrities eligible under
24 CPR Part 570.201(c). No other activities will be funded under this ,Agreement.
2. O A. understands that Ws activity serves a Limited Clientele as defined on 24 CPR
570.i05(a)(2) and that the National Objetrtive s. assistance to Low to IsilodeYate income
Persons.
3. G.A.. wif follow procurement procedures as outline in. CFR 8536 and obtain bid
specifl ations from the contractors that are very detailed and that include information on
the exact work to 'be done, time period in which the work must be completed, products
and work+giaaranteess and costs.
4. t ,A., prior to camnencix g any construction activity under this Agreement, shall obtain a
certificate of iu81wance indicating thh Contractor and Sub -contractors are In compliance.
with ilia provittons described in Exhibit C Which is attached hereto and made pactof this
I,d.O,U.
5. Pmj eat Location: 1199 NW 62 Street, lvliaani; Florida
6. Project Soope; This project is to provide £or the envixonmental cleanup of cone inAtion
of the property located at, 1199 Northwest 62 street. See Attachment A for detailed scope
or mot.
3
City Miami Grants Administration
Date
Director, (..franit .Administration
City of Miami Department of Community And Economic Development
Geor.gC
Director, Dep
13 -110F5"
Date
nt of Community and Decimal e Developinent
,ATTACH31 NT A
LETALLE» SCOPEOF WORK
1199 NW' 2 SEETRITIQQ
Task 1 Description: Additional Site. Assessment
D' In order to plan the teinediation technology for cleanup arad obtain approval ram the
Miami -Dade Department of Regulatory mid Economic Resources (RER) to implement a
Remedial Action Plan (RAP); atureni dater of the soil wad groundwvater conditions must
be evailuate& The iineitems fdr.this task will entail.;
Y 2-Person Mobilization (.1); one for soil sampling,
• Drilling setup — inducting underground uttlity clearance for instailadon of' a well
axed coordination with driller(s).
Y We Tns►a11(<— 20-feet) (1): MW-42,
o Well Sampling with Water Level (1): Sailing of Iv1W-42.
e I it A1lowatica (1)
Laboratory (Oenapure). t zoundwater analysts.
e Drilling (Fanviro=Drill) one. (1) 2-itch by 15 foot shallow monitoring well,
e Disposal (WPC) — it i5 anticipated one (1) 55-gallon drams of petroletnn-
contamintatecl sail and one (1) 55.-gallon dram of petroleum -contact water will be
generated from drill cuttings and wellddvelopmeut water,
• .Submittal of samples. to lab for testing and report generation
•Tasls,2 Description: ?reparation of Remedial Action.Plan (RAP) Modificstiori
➢ Based on the results frcnn the Site Assessment. event, a RAP w ll.be prepared and
siibm fitted toRE1. for approval. This RAP will be considered a modification to the plan
orlgfnail.Yappr0' ed in 22009'0 diie to extensive iinionnt cif clertnup diet previously
occurred. which..prgduced .effective results however not to the extent of reduch g
contmninationl evea below Miami Dade Cleanup' Target Levels. (C.T.L).
The Level 1.RZAl5 Modification will be signed and sealed by a Prafessionnl Engineer
registered in the State of Florida, .and two? (2) hard, copies of the report will be .submitted
to RE& Three (3) hard copies of there ert including one (1) electronic Copy will also be
forwarded to the Cityof Miami. The report will include a detailed description of a more
motive reinetliatien.apprOaeh Such as air, spelling, toll vapor.oxttactlon or source reanotfal
to be utilized at this site, In addition; a thorough evaluation of remedial alternatives will
be conducted and reported. In addition CBI will submit a.copy of the .report is all
eleetronio writable format (e,g. Word, Excel, AntoCAh') on. a CD #o and City of
Iviian2i.
Task 3 Description: Implementation of Remedial Action Platt
1.
PETAIXZD$ ,L t Ol' WORK ��'j
1199 NW 42, "Tli ET 1 mvamn(3N PROJaz
> R13R bar approved the RAP the contractor will then have atatherizatiaia to premed
with the wo± Althon& selection ofa rgnediatioateehnology is dependentupon tbaa
data,_ it is likely that the remediation will include a combination of soil removal, and re•
implementation dim air sparging: system, The line items for this task will entail three (4)
separate events:
1;ye t 1-�SitePreaaiation. F�x.oavatj n.,S ocls l' imagnfuniation Same. na
a Prepare and submit a.Healt$ and Safety Plan (HASP).
a Coordinate field activities with the site owner and subcoutractnis,
o Obtain City of Miami and/or Florida Department of Transportation. (FDOT) right -
of -Way pea it, as necessary,
• Condu;t an underground -utility clearance within the work area threugh the
Sunshine State One Call Service, and private utility clearance (Le., ground
penetrating radar).
• ivldbilize appropriate faeld personnel, equipment,•and materials to the site.
Install fencing around the proposed work ezea, including access gates and water -
Jersey barriers.
• Excavate within one (1) separate 'areas measuring appra .imately 30 feet by 30
feet (Area 1) at a. depth of approximately 14 feet below land surface (BLS), This
is equivalent to approximately 461 cubic yards (654 tons). See the attached
Figure 1 for the proposed area of -work.
o Stockpile excavated soils not dooumented' as contaminated (based on visual
izispection and/or Orgenie Vapor Analyzer [OVA) readings) 'from the 0 to 5 foot
interval within the two (2) areas to be reused as b.acdtfill,
• Stockpile* excavated soils frorhs 5 to 9 foot interval within the one (I) area
(approximately 133 .cubic yards/1$6 tons) on a separate area to be transported
offsite for disposal;
a Stockpile excavateci edits frein the to 14 root Interval within .the two (2) areas
(approxi w tsly 167 vuble yards/234 'tons) on a. eeparate area for further sa11
characterization, If these sof1s are fotmd to be .contaminated, 'disposal of these
6oii iackcding rrogiuzoxt clean Bll will be bandied under the allowance. account.
a Excavated soils -will be stockpiled on a visqueen surface, The use of a bent type
nclosore. ail cover veil be -used, to preys t water t off .from gicdiTiles with
saturated soilq. To stockpiled soil wf11 be covered to include beyond the; bona
area to proved &ormwater accumulation.
• •Cons rmat1cn sampling and analysis activities will be conducted within the
excavation area to eor n= that soil aoniainiiag liydroearbons At concentrations
greater than tbieResidential Soll Cdeaniap.Target Levels (SCTLS) have been
removed.
• Coltectpne (1) coniYrruatory soll'saraple per each excavated sidewall (12) tom
5 �.].�}/slo.eatkin likely tto be impacted by petroleum constituents as deteu through fined t ugh
ATTACHMENT A
itETAILED SCOPE OF WORX
1199 NW 6z STET REMEDM.TIONITO,TE CT
field screening en d.•observAtions. IfzsOpositive field screening (OVA'10 ppm)
or other eviciCrla afcoutanxination exists, confirmatory samples for nnelysis shall
be from the interval ove fbot above the water fable,
* Collect_t1 lee (3) composite soil samples, as per Chapter 62413 Florida
Adininistrative Code (PAC), from soils. excavated from the 5fto 9 feet BLS
interval, and the 9 to 14 feet BLS inteivaL
Event 2 a Air $. arging System Im ilaatnentation
• Mobilize appropriate field personnel,. equipment, and materials to tho site.
s S atop, startup and test the air- sparging system forproperr 4per ijon.
i Operate the air sperging system for an app.roxinuite 8-hour period each day for
lime (5) days at the excavation area (5 days total).
.s Conduct air monitoring around :the excavation areas and the vicinity, in
accordance with the action levels indicated in the LSRAP and HASP.
• Collect gab groundwater samples fi'otn the open excavation at the conclusion of
the 5-days air aparging activities.:Submit seund.water samples to -a state codified
taboret:Fry. for analysis of VOAs, PAHs and TRPHs (24 hours inn ro nd time),
?venf3—Dist?osalufContanainated Boils, l tg; C aotion, and Si#eBosioratioa
.S Mobilize appropriate field personnel, equipment, and materials to the site
_p "TrartSport and disposed. of oonfamihtatettsoils from the S-9-foot depth interval
.(approxiiMtelyi33 cubic yards 1186 tons).
• Baoldilt and compact excavation (upon cornpletion,of the air sparging activities)
with original .soils olassif"zed.aa non -contaminated (based on soil screening data
for soils from 0 to 5 feet interval and laboratory analyses for seas from 9 to lit
:feet interval,), and new,clear fit,
a Propane and submit a comprehensive report to the City of Miami, EPA end RER
suumari g all field • activitit s. from Task #1 through. Task #4, The report will
include at a. miniriiuni copies of laboratory report .and cbain.of custody, analytical
a;esults, summary of field ti ivities, soil disposal manifests, photographs,
drawings, cauun oattat ons for the next .appropriate course of action,. and any
other applicabledoeurn,entation.
gvetit 4 —.Groundwater: aon5tor3.ng well irlstaLl a, jQ . sampling and source i emoval
C 'Mobilize..ajproptiate field personnels equipment, and -materials to the site.
Replace. three(3)..gmundwater•rnonitaring-wells tornatoli origivale in: the area of
excavation. Bach of the shallow monitofing wells will be constructed of 2-inch
$iaineter, schedule 40 polyvinylehloride (PVC) casing, with. l G feet of 0.010-ing
slotted. screen.. The well casing was s-et thrpugh the center of the hollow stem
auger, arid. approximately 2 feet of semen was placed above the water•.table to
allow for wet and dry. season variations. The shallow wells will be set at
/3.-j08'r
A.TTACI ll'iENT
pr3TATLED SCOPE OEWQ .1{,
1199 ISW fiZ .5 TREET 1 11 T)IA�' nl'1 PROJI + T
approximately 15 f below land surface (BLS) depending ..the field -estimated
,deriith-to-water loval at the site of installation,
a Since the wells will be installed in a newly back:Med area, drill.auttings will not
bo oantaineaized and will be spread in the area. However, well, development
water will be containerized in 55-4:lion drums and dispased.ofproperly.
• Submit to R.R. well completion Togs for each. monitoring well Installation,
• Ivlobllize appropriate ,field personnel, equipment, and materials to the the.
• .Sarnple the three. (9) replaced. groundwater -monitoring wells and 3 em dsstinng
monitoring wells do sooner .that. ten, days after backfilling each excavation.
Submit to RER groundwater sampling results for review.
• Prepare and submit a com.prehensive report to RER summarizing all the field
activities from Event €#1 through Event #2. The a eport will include at a mnirdntum.
t•opies bf Iabot tory report and chain of.custody, soil .and gtommdwater analytical
.rests, summary of field activities, waste manifests, photographs, drawings,
recommendations.. for the next appropriate course of action, and any other
applicable documentation.
Task 4 De,$cr1ptiori: Post Remuel acton 1bTolittoriutt:of groundwater Wells
Following the completion of anyremediation, it is mandatory per Chapter 62�713 ofthe
Florida Mrnhiistrative Code to conduct gmundwater monitoring for 1-year In the
frequency of 4 quarterly events. The line items for this task include;.
• Mobilize appropriate field personnel, egtriputont, and materials to the site.
a Sample the three (9) replaced goundwater-monitoadng_ wells and seven. (7)
existing monitoring wells. The number wells can be reduced based on the site
. condition. after .completion of source removal and open -trench air sparging
activities.
• Submit the satrapies to a state oeitif e.d laboratory for analysis of VOAs, PAFTs and
TRPlis.
• 'Submit to RER groundwater sampling results forreview.
• Prepare and submit a comprehensive report to R1?B. suon arizfzg all the field
acetvities..The repdrt will bnelude• at a minimum copies of laboratory relmomt and
chairi. of o stodys. analytical results, sMaimary of field activities, waste manifests,
photographs, drawings, recommendations for the next appropriate course of
action, and any other applicable documentation-.
Tilsit 8Deserlutl4rii Well Altammdontrmcmrrt'mtti Closure ltOn rt
• Mobilize appropriate.fieldpersonnel, t uiphmtat,'andmaterials to the site.
• 'Properly abandon (retar ) all on -site groundwater monitorhtg.wetls
4
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1199 NW 62nd Street Miami. Vjorida.
SOURCE REMOVAL REPORT .
SITE PLAN
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EXIS ttIG 3:'TEif?:%rCE
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2. 3gW-r21t INSTALLED' IN TI-MMONI Y +OP FORf¢QR kts$4 2.
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CD
fortaalaiveKeA9004 Agar
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CANCOVRAAXRF PLUME
'rat -mar Star Station: 24
1199 NW 627id Stise{. Mi ntt, FToiitio
$ JRt:l; REMOVAL •REPPOt2T
POST. SOURCE REMOV,AI_ Ma. MR..SPARGII+NG
ACT11/ITJES - GRQUNF:TWATER QUALITY MAP
(MONITO1INd WELL:SAaMPLES)
secs Graf itsclaai
'rsas4 .1r
19.5.101.4.127.X022204.03016
FIGURE:
7
ATTA.CHMENT A
ra911c1T1MEL1NI
1199 Mt 0.2 STREET REMEDIATION PROJECT
Task #
Description
Time to Complete
1
Additional Site _Assessment
7/15/2013 — 8/19/2013
2
Preparation of Retnedial Action Plan
8/19/2013 -9/9/2013
3
Implementation of Remedial Aotion Plan
10/14/2013 — 11/15/2013
4
Post Remediation Monitor of Monittring Wells
11/15/2013.— 12/1512013
5-Well
Abandonment ELIA Closure Report
12/31/2013
/3.- ic,q5
JC; 73113I B
cam:pm/ Tmoil AND 1317DC I' SUMMARY
,.199 NW G2 STRErnmaTIATioN PROJECT
A, The CITY shall pay the -Sl'JI3IiECIFtEINT as marrinnum ooritpensation far the services
required pursuant to this Agreement the awn of 56,0;0O.OQ.
E. The total project cost is $142.857,14 reflecting additional faaiirag'of 592.857,14 G-orn the
State of Florida Department of Environmental Protection.
C. Activities are subject to the provisions of 24 CPR part 58, Environmental Review
Procedures for Entities AsauraingHUD Environmental Responsibilities.
D. -During the term, hereof and for a period of five (5) yews following the date of the last
payment made hereutrd.t;r, the CITY shah have the right -to review and audit the time
records and related,. records of the SUBRRCIPIENT pertaining to any payments by the
CITY,
E. Requests for payment- should be made et least o a monthly basis in a €ormprovided by
the Department t Reimbursement requests should be submitted to the CITY within thirty
(30) Calendar days after the indebtedness has been bacmrred in a form provided by the
Department.
F. The SUBRBCIFXENT must submit the final request for payment to the CITY uiithiIn 30
calendar days following the expiration date .or termination date of this Agreement in e
for:in provided by the Department if the SUBREC1PIENT fails to comply with this.
requirement, the .SU 3REC IRNT shall f'orfeit.alt.riglits tb papnient and The CiTY.sii it
not honor anyrequest entniittetl thereafter.
C1,
.Any payment due tinder this Agreement may be -withheld pending the receipt and
approval by the CITY of all reports dine from the :SUBRECU'.IEN'T as a part of this:
.Agreement and any ploclf cstianalbereto.
DETAILED BUDGET
COST SUMMARY OF EACH TASK
Talk #
Description
FDEP
Share (65%)
City of Mlinti
Share (35%)
Total.
1
Additional Site
Assessment •
$2,651.14
$1,430.77
•
$4,t 87.87
2
Preparation of
Remedial Action
Plan (RAP)
Modification
$1,400,00
$753..,
$2,153.85.
3
Inaphamentation of
Remedial Action
1'1=
$78,300.00
$42,161.54
$120,461.54
4
Post Resnediation
Monitoring of
Groundwater Walla
$9,000.00
$4,846.15
$13,846.15
5
Well Abandonment
and Closure Report
si,500,00•
$807.69.
.., $24307,69
litY-004'Wet
ArrAcmviENT
CFIEROICEE ENTERP4ISESINCOREIRATED CERTITICATE OF INSURANCE
1199 N3V 62 ST,REET REMEDIAT1ON PROJECT
EXHIBIT A
Cherokee Enterprises Incorporated; Corporate Resolution
Engineers & Contractors
RESOLUTION
Authorization to Execute Contract with the City of Miami for FY 2013-2014
CDBG Environmental Mitigation
WHEREAS, the Executive Committee of the Board of Directors of Cherokee Enterprises, Inc.,
has examined terms, conditions,and obligations of the proposed contract with the City of Miami,
FL and
WHEREAS, the Executive Committee of the Board of Directors, ai tt duly held corporate
meeting have considered the matter in accordance with the By -Laws of Cherokee Enterprises
Inc.,
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of the Corporation to
approve the execution of and compliance with a contract with the City of Miami, FL for
$5O,000.00 for the provision of Environmental Mitigation and authorizes Gabino Cuevas, as
Chief Executive Officer, and/or Amanuel Worku, as Vice President, to execute same on behalf
of Cherokee Enterprises, Inc., and that upon a properly made motion the Executive Committee of
the Board of Directors of Cherokee Enterprises, Inc, unanimously approved and authorized the
execution of this contract.
CERTIFICATION OF CORPORATE SECRETARY
I hereby certify that this resolution was approved with a vote by the. Executive Committee of the
Board of Directors of Cherokee Enterprises, Inc, at a proper meeting with a vuonim being
present and held on Monday, June 24 `, 2013.
Amanuel Wor Vice President
Cherokee Enterprises, Inc.
ATTEST:
Gabino Cuevas, Corporate Secretary
Cherokee Enterprises, Inc. • Corporate Seal
Cherokee Enterprises, Inc.
lonfilieMOSZOMERSZSBailiIM
4474 Care n rea Wey MNomI Lakes, F1.33016 P: 305.028.3353 Fs 305.80a.ni7 www:cberokaecorp.som LI¢ense No.s cac 1505536
Detail by Entity Name
Detail by Entity Name
Florida Profit Corporation
CHEROKEE ENTERPRISES, INC.
FIl!no Information
Document Number
FEI/EIN Number
Date Flied
State
Status
Last Event
Event Date Fllod
Event Effective Date
Erinc{EaI Address.
14474 COMMERCE WAY
MIAMI LAKES, FL 33016
Changed: 01/05/2009
Vlallinq Address
14474 COMMERCE.WAY
MIAMI LAKES, FL 33010
P99000008746
650891158
01 /26/1999•
FL
ACTIVE
AMENDMENT
12/06/2011
NONE
Changed: 01/06/2009
Rec (stored AgentNarne $ Address'
FRANKLIN, CHRISTINE E
1819 VICTORIA POINTE CIRCLE
WESTON, EL 33332
Name Changed: 01/04/2011
Address Changed: 01/04/2011
Officer/Director Detail
Name & Address
Title VIDE',
GABINO, CUEVAS
14474 COMMERCE WAY
MIAMI LAKES, FL 33016
v
Page 1 of 3
I3 --/Olig
http:11search.sunbiz.org/1nguiry/CorporationSe>arch/SearchResulIDeta1l/EntityName/doinp-... 8/19/2013
Detail by Entity Name
Title PD
FRANKLIN, CHRISTINE
14474 COMMERCE WAY
MIAMI LAKES, FL 33016
Title VPTD
SANCHEZ, ALEX
14474 COMMERCE WAY
MIAMI LAKES, FL 33016
Title VPES
WORKU, AMANUEL
14474 COMMERCE WAY
MIAMI LAKES, FL33016
Title DIR
NORTHRUP, JEFFREY
14474 COMMERCE WAY
MIAMI LAKES, FL 33016
At muai Reports
Report Year Filed Dale
2011 01/04/2011
2012 01/04/2012
2013 01/07/2013
Document Images
01/07/2013—}ANNUAL REPORT
01/04/2012 — ANNUP,1, REPORT r' View Imago in PDF format
12/05/2011 — Amendment r—Vlew Image In PDF format
07/22./2011 - Amendment
01104/2011— ANNUAL REPORT View Image In PDF format
01/04/2010 — ANNUAL REPORT L. View image In PDFThrmat
01 /06/2009 AN_N 1AL REPORT View Image In PDF format
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State of Motto, Department of State
latip://search. sunbiz.org/Inquiry/CorpozationSearcli/SearehResultDetaii/EatityrNatne/domp-... 8/19/2013
EXHIBIT B
Cherokee Enterprises Incorporated; Certificate of Insurance
DEPARTMENT OF RISK MANAGEMENT
INSURANCE/SAFETY APPROVAL FORM
Name
Lilian Blondet
Department
Grants Administration
Review
Status
Description'
Cherokee Enterprises, Inc,
Tracking # Data:
9/23/2013
Financial
Ratings Strength REQUIREMENTS:
Commercial General Liability
American Safety
EN IX
nsurence Ng," Required
x
lty of Miami Is Named Additional Insured
Any Auto
Am.eris-ure Mutual
EN
Workers Comp:
Amerisure Mutual
the City is providing insurance
1111
Contractor's Pollution/Professional
American Safety
I �1C
L_.�
ity of Miami Is toss Payee
Equipment Floater
Bayfront Park Named Additional Insured
Building} and BPP
M ali
Umbrella
Ameifcan safes
A
Medical Excess
E
Crime Cove o
�MN
Pcllutiom
APPRO TATUS
kx
Frank (,corn-.x
Property an
Gaseeity Manage(
Not Approved
Coverage Is Insufficient {TA Type of Coverage Is Missing
Not A Rated Company []Other
The City NOT Named Additional Insured
insvrrnncol8afety Comments:
PSA between the City and Cherokee enterprises, Lno. for the purpose of Implementing cleanup/
remedfation services at contaminated City of Miami owned property faceted at 6200 N.W.17 Avenue.
Risk 002.xls
9128/ZO'13
i 0:44.AM
6 CERTIFICATE OF LIABILITY INSURANCE
DATE (MNIDDtrYYY)
912013 •
THIS CERTIFICATE I3 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 711-i8 CERTIFICATE HOLDER. THIS
CERTIFICATE DOER NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE. ODES NOT CON>STITUI'TE A CONTRACT ;BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE ORPRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certifoato holder le an AD.OITIONAL INSURED, the polloy(lea) must be endorsed. If SUBROGATION 1S WAIVED, subject to
the terms and conditions of -the policy, certain pofetse may requlrr an endorsement. A statement on this certificate sloes het confer rights to the
certificate holder In. lieu Of such endorsoment(s).
PRODUCER
Bowen, Miclette & Britt ofFlorlda, LLC
1400 Centrepark Blvd.
Sulto #809
Woat Palm Beech FL 33401
•
Holly
o .
, :5R1-712-48ALS 1Ro16B1-71A-/}
L
_P51110010.1611t04:PinlOraz4
INEURER(6)APFDRDIN0 4ERAO?
HAIGd
INSURER A :ArrtArican SSfnty Inr1 lty fInmpany
25433
23398
Munn CHEROKEEEN
Cherokee EnterpriE6slnc
14474 Commerce Way
Hialeah EL. 830164 806
El9URERn:Jjmer1sure Wad _I na gramCompF'ly
04sJRan0ItsMEr lg IrlsnceCDDIPany
19488
INSUNSR D l
INSURER 6l
INSURER, •
OVRAE8°
CERTIFICATE NUMBER 10E1514751
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED "ID THE INSURED NAMED ABOVE PQft. THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE. ISSUED OR MAY PERTAIN, THE INSURANCE AFFCRDEb SY THE POLICIES DESCRIBED HEREIN IS SU6,ECT TO ALL THE TERNS,
EXCLU810N$ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEER REDUCEDBYPAID CLAIMS.
IL R
TYPE OFF INSURANCE
In�
. POLICY f5IMEER,,a...14.911.474).1..,
n Oiy /UhLIMITS
A
GSNERALLtAaDarY
x
commeaciAL GENERAL LIABILITY
ENV0 993613U3
{�j�\ 4�� U y
1�iyjj
e/102013
\t ;D'/
v
r
9/1412014
1GENERAL
EACHOCCIIRREPr
93A00,QCO
PREMISETZr rro
PREMISES
;80,900
�
CLAIMa- I-' I OCCUR
man EXP (MYronepgRon) ..
;"�000
PBR90NAL8.AGV INJURY
;3;D00,000
X
Contraciars POrryy""
AGGREGATE
63AO0,0OD ,
X
Professional
PRODUCTS-COMP/OF KIS
63,00U,000
GGHLAGGREGATE pMTr APPUES PER;
—1 POLICY 1" JFCT I r-I LOC
4
8
AUTOMOBILBLIABILITY
X
..�.,
AlRyALRo
ALL OWNED
AUTOS
ARE
—
—
R_
ssomrULEO
AUie9W;D
CA20TSTU2 ,9H442013
4/2014
de g'gntI
;1300,DOD
BOOILYINJURY (Per person)
$
INJURYBODILY
(Para oklon)$M0
aeF�^t
,ngnn
EXHIRED
s
A
X
UMBRBLLAUAB
EXCIESLIAB
X
OCCUR,
CLAILIMIADE
ENU0209391303
0/14/20
/14/2014
EACHOCCURn9tO '
84,000.000
AGGREGATE
4,000,$D0
s
DED nErEirr NatD,00D •_
c -
WORKERS CORWINo"A119N
AND EMPLOYERS' LIABILITY YY �' NI\
ANY PROPRI gfpATN:ranUEXECUTNO
n E EMOCP.EXCLUDED?
181)
I`(WW��,, de .nUowwttd��er
DfiT,CRIPTION OF 07EfiYCnONB beiLm
I .
RIA
/L^4207D10a ��y�
9,'14/2oia
d!1 4
\
X I yy{{C6` T,�firr iD77I•M
Tn11Y l 1a11 I I Ka _
EL.PACH,ACGDEFIT
31,300,000
E.L DISEASE - EA ELU'IAYEL41100,093
EL DRiFaAP • POLICY UM T i1,00D,0cO
DESCRIPTION OP'ORP.RATIONS / LOCATIONS 1V'.H CLES (Atlndl ACORD 1014 Addlllo.W Rcmorha S.Ne.4la, R room apmo to required)
Re; Purchase Requfsltlen 8840E for RadiiTauez, dose
When required by vriltte'n contract, those Pelee listed In staid contract including the certificate holder, are added es an Additional Insured
excluding Workers' Compensation and Employers' Liability as afforded by the policy andlor endori ement3.
CERTIFICATE HOLDER
CANCELLATION
/3 —to
ACORD 28 t2010l05)
City of Miami
Risk Management 8th Floor
444 $W 2nd Ave
Mlaml FL 33130
SHOULD ANY OP THE ABOVE nescal8EO POLICIES BE CANCELLED BEFORE
THE BXPIRATIGN DATE THEREOF, NOTICE WELL tit: DELIVERED IN
ACCORDANCEWITtt THE POLICY PROVISIONS.
AUTHORI78Q REI!Resg rik r YE
•
rt91118B-2010 ACORD CORPORATION. A1I s reserved.
The ACORD name end Ictlo aro registered make of ACORD
EXHIBIT C
Resolution R-13-0001; Allocation of Funds for Environmental
Cleanup of a Site Located at 1199 NW 62nd Street
13-ipt5-
4
City of Miami
Text Fite Report
City Hail
3500 Pan American Drive
Miami, FL 33133
www.minmigov.com
File 1D; 12,01412
Enactment &: R-I3-0001
Version: 1
Type;. Resolution
Introduced: 12/02
Stettin: Passed
Enactment Data: 1/10/13
Controlling Body: Orlico of the City
Clerk
A RESOLUTION OF THE MIA3vII CITY COMMISSION, WITH ATTACH.MENT(S), AUTHORIZING
THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT ("anal CLOSE OUT
FUNDS, AS SPECIFIED IN EXHIBIT "A", ATTACHED ANiD INCORPORATED, IN'IHE TOTAL
AMOUNT. OF $438,640.30; ALLOCATING SAID FUNDS AS STATED HEREIN: THE AMOUNT OF
$40,000 TO MIAMT BAYS DE FOUNDATION., INC., FOR TECHNICAL ASSISTANCE
ACTIVITIES TO BUSINESSES, $50,000 TO THE DEPARTMENT OF GRANTS ADMINISTRATION
FOR THE ENVIRONMENTAL CLEANUP OF A SITE LOCATED AT 1199 NORTHWEST 62ND
STREET, MIAMI, FLORIDA, AND $348,640.30 TO THE CITY OF MIAMi DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT CDBG RESERVE ACCOUNT FOR FUTURE
CITYWIDE'CDBG ELIGII3LE ACITVITIES; AUTHORIZING THE CiTY MANAGER TOEXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO TFIE CITY ATTORNEY,FOR
SAID PURPOSE,
WHEREAS,• previoueyeats' Community Development Black Grant ("CMG" ) (thuds ailocated to various agencies for
program delivery and administration retained unused balances, in the amount of $438,640,30, as specified in Exhbli °A",
attached and incorporated; the
WHEREAS, the close put of these unused haiancesnllowa the Department of Communityand Economic Development
to recapture the funds to be !mayor oiherCDBO e)lgible acHvhles and
WH13REAS,,the Mlnnrt Beyside Foundation, duo, ("MBF"}!s a non-profit organization designed to edvanee oconomlc
development In the City of tvlinmi ("City") through the stippnrt orina:0 fly busbtesses by providing technical assistance to
locnlotganlzations and through the emalion of programs and educational scholarships for minorities; and
WHEREAS, the Department of Grants Admiaistrplbn is requesting $50,000 to nmldi o grant they received front the State
of Florida Department of Environmental Protection ("MEP") via the Pre -Approved Advanced Cleanup Programtbr the
environmental cleanup ofcow nmumtion'ofthe properly located at 1190 Northwest 62nd Street, Miami, Florida ("Properly");
and
WHEREAS, it is a cost share gram with FDEP coruributfng 63% Rattling ofetoch task loading toward cleanup ofthe site
with an amount not toesceod$101,316.31 with payments mode directly to the connector; and
WF,BREAS, the Clly Administration recommends the transfer of CMG close but Rinds, as •EPeeifted in Exhibit "A",
attached and incomorated,.inther total amount of $438,640.30, with said funds ailocaled asalated herein: Hsu amount of
Clrroridiom( . No t Panted m 1rr7/2013
Section 4, This Resohn ion shall become eribetivelmmedi ably upon its adoption and signature of the Mayor.(2) •
It pc Min nil Pop). 'IrtnIeiEli 117f2C113
City of Miami
Legislation
Resolution: Rm13.0001 •
City Flail
*.,00 Fan American
Drive
Miami, FL33133
WWw.mlerrdgov.com
FileDrumbert 12-01412
Final 4reco. Date;1/10/2013
A RESOLUTION OF THE MIAMI G1TY COMMISSION, WITHATTACHMENT(S),
AUTHORIZING THE ALLOCATiON OF COMMUNITY DEVELOPMENT BLOCK
GRANT {"CDBG") CLOSE OUT FUNDS, AS SPECIFIED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $438,64020;
ALLOCATING SAID FUNDS AS STATED HEREIN: THE AMOUNT OF $40,000 TO
MIAMi SAYSIDE FOUNDATION, INC,; FOR TECHNICAL ASSISTANCE ACTIVITIES
TO BUSINESSES,_ $80,000 TO THE DEPARTMENT OF GRANTS
ADMINISTRATION FOR THE ENVIRONMENTAL- CLEANUP OF A SITE LOCATED
AT 1199 NORTHWEST 62ND STREET, MIAMI, FLORIDA, AND $346,640,30 TO
THE CITY OF MIAMI DEPARTiVl$NT OF C.OMMUNITYAND ECONOMIC
DEVELOPMENT CDBG RESERVE ACCOUNT FOR FUTURE CITYWIDE CDBG
ELIGIBLE ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, NTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR SAID PURPOSE.
WHEREAS, previous years' Community Development Block Grant ("CDBG") funds allocated to
various agencies for program delivery and adrniri'istration retained unused balances, in the amount of
$438,640.30, as specified in Exhibit "A", attached and incorporated; end
WHEREAS, the close out of these unused balances allows the Department of Community and
Economic Development to recapture the funds to be Used for. other CMG eligible activities; end
• WHEREAS, the Miami Bayside Foundation, Inc, (°MBF") is a non-profit organization designed to
advance economic development In the Dity of Miami ("City") through the support of.minorlty
businesses by providing technical .asslslance is local organizations andthrough the creation of
programs and educational scholarships for minorities; -and
WHEREAS, the Department of Grant:aAdminletration.is requesting $50;000 to match A grant they
recsiVed from the State of Florida Department of Environmental Protection ("FDEP") via the
Pre -Approved Advanced Cleanup Progra m for the environmental cleanup of contaminatlon of the
property locates at 1199 Northwest 62rd Street, Miami, Florida C"Property"); and
WHEREAS., ft Is acost share grant with FDEP confiibuting 65% funding of each task leading
toward cleanup of the site'with :en amount not to exce..ed '$101,316.31 with payments made directly to
the contractor; and
WHEREAS, the City Administration recommends the trsnsfer of CDBG Gloss outfunds, as
specified in Exhibit "A", and Incorporated, In the total amount of $438,540.3.0, with said funds
allocated as stated herein; . the amount of $40,000 to MBF, fortechnical assistance activltles to
businesses, $60,00 to the Department of Grants AelmInistration forienvIronmental oleanup'of the site
located sit the Property, and $$ 48,640.30 to the Dily's Department of Community and Economic
Development CDBG reserve, account for future Citywide COBG eligible activities;
•Co of Mama
1$4r 5'
Page I oft File.r012.01422 rl%ors?on:Qn21/24/2OJ3
File Number. ?2-o1412-
EnaamentNumber. R7144601
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OP THE CITY OP MIAMI,
FLORIDA:
Section 1. The recitals contained In the Preamble to this Resolution are adopted by reference and
Incorporated as fully set forth in this Section..
Section 2. The trarisfer of CDBG close out funds, es specified In ExillbitW, attached and
incorporated, In the total amount of $438,640.30 and the allocation of said funds as stated herein: the
amount of $40,000 to MBF, for technical assistance activities to businesses, 650,000 to the
Department of Grants Administration for the environmental cleanup of the site located at the Property,
and_$348,640,30 to the City's Department of Community and Economic Development MSG reserve
account, Is authorized.
Section 3. The City Manager is authorized{1} to execute all necessary docurnents, In a form
acceptable to the City Attorney, for said purpose.
Section 4, This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2)
TootnQ be. 7
(1) The herein authorization is further subject to compliance with all requirements that may be
Imposed by the City Attorney, including but not limited to those prescribed by applicable City
Charter and Code provisions.
t2} 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 became esffeofiva Immediately upon oven -[de of the veto by the City Commission.
1 --JDt
city ofhllami
Page7of2 P71a.idr 1.2-Otd12 fi'erstaru 11 Freund On:1 /id13
J-o1-105
2/14/01.
RESOLUTION NO , 01 "- _ i 6 7.
A ]RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, BY ,A FOUR -FIFTHS (4/5m'
AFF/RMATIVE VOTE, RATIFYING, APPROVING AND
CONFIRMING.THE CITY MANAGER'S ACTION IN
A'ITi`HORIZING THE ACQUISITION OF THE NINETEEN
(19) PROPERTIES LOCATED IN THE MODEL CITY
HOMEOWNERSHIP ZONE AND DESCRIBED IN
"EXHIBIT A" , ATTACHED AND INCORPORATED, .BY
ACQUIRING THOSE PROPERTIES FROM MIAMI-DADE
COUNTY PROM THE "LIST OF LANDS° ; ALLOCATING
HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME")
FUNDS IN THE. .AMOUNT OF $E27,312 TO SATISFY
OUTSTANDING REAL ESTATE TAXES AND ACQUIRE TAX
CERTIFICATES FROM MIAMI-DADE COUNTY FOR THE
SUBJECT PROPERTIES; FURTHER AUTHORIZING THE
CITY MANAGER, WITH THE ASSISTANCE OF THE CITY
ATTORNEY, TO EXECUTE ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
FILE QUIET TITLE ACTIONS CLEAR TITLE TO SUCH
PROPERTIES.
WHEREAS, in July 1998, the City Commission adopted
.Resolution No. 98-800/ approving the establishment of a
homeownership zone in the Model City neighborhood bounded by
Northwest 62"4 Street to the north, Northwest 54"u' Street to the
south, Northwest 12th Avenue to the east and Northwest 17th Avenue
to the west; and
WHEREAS, pursuant .to Resolution No. 98-800, the City
Commission• authorized the. allocation of $J 500,0.00 it Home
,/3-/oWS'
00UXTVON
s a t»
FEB 1 5 2001
&lag*, rr,
o1-- 167
Investment Partnerships Program ("HOME°) funds to assist in the
acquisition of suitable housing sites for the development of new
'homeownership housing unite and
WHEREAS, over the next two to three years, the City in
partnership with Pannie Mae, Miami -Dade County, U.S. Department
of Hnuaing and Urban Development (U.S. HUD), local financial
th titutione and• the private housing industry anticipates
developing over 400-550 new homeownership .housing units in the
area for purchase by low, moderate and middle income families;
and
WHEREAS, the Department of Community Development has
surveyed the area to identify availableparcels of vacant land
and substandard properties which would be suitable for the
construction of new housing units; and
WHEREAS, special attention has been placed an the parcels
located at the intersections of DTorthwest 54th Street and 12t 1 and
17th Avenues, and Northwest 62nd Street and 12th and 17th Avenues
for the development of "gateways" to the neighborhood; and
WHEREAS, nineteen (19) parcels of land, identified in
attached "Exhibit A°, located in the Model City Homeownership
Zone, were available from Miami -Dade County from the "List of
.lands" 'for a total cost of $527,312, which represents all
outstanding real estatetaxes andjor tax certificates for the
subject parcels/ and
Page 2 of 4
01- 167
WHEREAS, it is recommended that once the tax deeds are
received from Miami -Dade County for the nineteen (19) parcels,
the City Attorney proceed with quiet title actions to clear title
to the subject parcelst
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The.recitale and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. By a four -fifths (4/5t1/ affirmative vote of
the members of the City Commission, the city Manager's action in
authorizing the acquisition of the nineteen (19) properties
located in the Model City Homeownership Zone and described in
"Exhibit A", attached and incorporated, by acquiring those
properties from Miami -Dade County from the "List of Lands" i$
ratified, approved and .confirmed, with Home Investment
Partnerships Program ("HOME") funds allocated ih the amount of
V.127,312 to satisfy -outstanding real estate taxes and acquire tax
certificates from Miami -Dade County for the subject properties.
/ 3 -/De-
sage 3 of 4
01.- 167
Section.3. The City Manager, with the assistance of the
City Attorney, is autharizee to execute all documents, in a
form acceptable to the City Attorney, necessary to file quiet
title actions to clear title to such properties.
Section 4. This Resolution shall become effective
immediately upon its adoption. and signature cf the Mayor.!i'
PASSED AND ADOPTED this 15tch day of February , 2001.
JOE CAROLLO, MAYOR
In a ordance wfth M arn) Cod0 Sec. 2-36, since the Mayer cGd Poi !ticket app►OvP1 of
1'13 le iclatton i'V oN};irip t In tliti etr.`:.iirr;,;F; rPwrii Vs/le:e bi now
becomes., aneciive vliii'I ills ez:,:nc of t4::'I {1 ) d?y:; rT"Jn era da:o 0! allnlvciin 4!ction
regarding came, withavt thIS;, j r u.n rc;r;ng a 'Mo.
ATTEST
alter ,i, Foeman, City Cleric
WALTEF J. FOEMAN, CITY C'LRRK
APPR TO FORM CORRECTNESS !
VILARELLO
ATTORNEY
W50'5:BSS
The herein authorization ins further subject to oompliance with
all requiremmnts that may be imposed by the City .Attorney,
including but not limited to. those prescribed by applicable City
Charter. and Code provisiana
If the Mayor does not sign this Resolution, it shall become
effective. at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolutioh, it
shall become effective immediately upon .override of the veto by
the City Commission
(3—tor5s—
Paga 4 of 4
01- 167
CITY MANRGER
Fax!1-365-250-5441 -Feb 7 '01 11:25 P. 01/02
EXHIBIT' ''A"
Lief° and Pit anise
..,Farcaft10,
401A.4).:MV144DattatIgg—
LOL 1
138$ NW 62 Street
Vonore
12,118.81
311404.3 0 0$0
MHZ 21)
Orchard11111 17-55 •
Lot 5 less N 10% 3100k: 1
-
,Lot-SIze; 25 X 110
LOL 2
1361 NW 6 Bi t7—eat
Vatarit
$ 160,118.17
3114-043-D20
mAz 35
,..,_
Orchard Vilk Ext, 1?-55
Lot: 33 - 36, Biopic 1
Lot Ste:. 200 X 108
IOL 3
1290 NW 91 Street
Vacant
trt ,091.03
d•.3'i 144434440
MHZ 50
Orchard Villa ett, 17-55• •
. .
Lot 1, Block: a
. _
.
Lot Sire; 50 x 106
-......
OL 4
1280 NW 61 Street
Vacant
6,286.21
8114-043-D45D
MHZ 51
0 rohard Villa 5:1, 17-58
Lot 2 Bionic 3
• •
Lot Sin: 60 X 106
LoL 6
1272 NW 61 Street.
VaCtrIt
553.22
3114-043-0460
MHZ 62
Orohard Villa Eg47-55
Ltst: a, Bloofc 8
. Lcit SiZe: 50 x 106
LOL 6
1438 NW 51-:F•—eet
43.Carlt
10,1$.65
3114-0354471
111182 94
Orange itta, 14-52
Lot: 4; Block 9
Lot SIze: 50 x 108
LOL 7
1446 TM erl Street
Vacant
7,521.50
3114-035-1490
.....
MHZ 56
Oranz Hgte,14-62
Lot, Block; s .
Lot Size: 60 x i OB
•
-"LOL 3
1526 N1W 60 Street
Vacant
23,899.37
3114-035-2210
MHZ 110
Octave I-fote, 4-62
—
„Lot 15 Nook; 1.2
- - -Lot Sim, 69 009
LOL 9
1365 NW $0 Street
Vacant .
16,078.18
3114-043-R20
MHZ 77
'Orchard 1(I8atxt, 17.55
Lot 10 leas E 1/2 &all of
Lot 20, Block: 4
Lox Sire; 75 X 106 '
VacantLs
..
LOL 10 .
590143 NW 1/Ave.
88„908.31
• 3114-035-P3P0
5/1)1 114 .•
Oran.knAzis 1,ri52,___
Lot I. .5:97N.loil4O IS-. ---
-Lot Size: 66 x sr
.
.
...-
13 - 105
01- 167
CITY tiCINAGER Fax t 1-305-250-5011 Feb 7 '01 11:26 P. 02/02
EXHIBIT "A"
List ot 1..6nd6 Prorftee
P8Toel No.
' Addrm
Wits
7,- PRest tle4
kt.get4P4P-310
,
_
-7-.10 .11
.5906 NW 17Avenue
Vacant
t 4,623.10
3114-055-23f0
.
MHZ 11
0•
°rove Heti 14-82
Lot31Lot4Slitothot6
__
Block: 18
Lot Size: 61 x se
LOL 12
1280 NW .58 Straet
t
10,770.00 I
3114-0434190
M1-12 197
•
Orchard Villa gxt 17-55
,,
Lot Bloc 7
Lot pize:
LOL 13
Ina Nw 68 Terrace
Vacant
4159.99
2114441340
MHZ 212
rofveird Villa Ext, 17-56
-•
Lot 26, Block: 7
Lot Size: 50x 106.
—....,/
-- 11!)W-
---
1867,1sIW 68 Terrace
Vacant
10,947.27
3i14-3455
MHZ 283
Orange 121ts, 1482
E1i2 Lot 10, Stock'. 14
......
Lot tze: 25 x 1 oe
...._
LOL 15
6812 NW 15 Avenue
Natant
7,072.89
3114-035.289C
• MHZ 297
.•
Orange HO% 14'82.
Loq 19, Sto0k: 15
—
Lot Size-. 50 x 108
LOi. 18
6576 NW 17 Avenuo
15'unIts
$ 72,000,59
3122.052.0180'
MHZ 669
bug in
floral Park i at Amt., 8-5
1939
Lote:13 &14 teseW 10ft
-of 13 for NW, Slade 34
—
Lot SW: 105 X 100
LOL 17
1288 NW 65 Stoat
Vacant
4141.1 i
3174741-0360
MHZ U71
OrchaniVill 7-63
Lot D, Block: 5
1..-6t Cu; 50 x105
'
LOL 18
6020 MN 16 Avenue
Vacant
57,890.0/
3114-035-2241
MHZ 1p17
Crania iitpts, 14-62
Late 19 & 20, Sloolc 12
.
Lot 81xe: 100 x 103
LOL 19
-1 IliVr--'12
1-71617/62 Street
Vaunt
$ 19,900.60
014-021-0950
Woodmete, 1441
•
Lots:1,2,3 0141110 & W15
—
ft Lot 4, Block 5
Lot Size: 12,819 SP
TOTAL:
$ 527,6112.00
•
—
.
.
.
03- 137
46,.;.A' vR.Q' ' AND. CONFIRM MANAGER'S. ACTION IN AUTHORIZING
AOQUIS.i'QN Q.F ' NINETEEN PROPERTIES LOCATED IN MODEL CITY
HOJ WN.ERS1UP ZeiNB BY ACQUIRING PROPERTIES FROM MIAMI DA.DE
OtigtvkgOVI "LIST OF LANDS"; ALLOCATING HOME INVESTMENT
P;ARTN4StIP PROGRAM .(HOME) FUNDS, $527,312, TO SATISFY
OUTS A2 DING ESTATE TES AND ACQUIRE TAX CERTIFICATES
ROM i tI,?),A:D '!OUNTYFOR, PEJECT.PROPERTIES,
Comrnissiorier Teele: Mr, Chairman, I would like to bring up Item Number 12, which
has a motion and a second. This is a ratification of the City Manager's actions to acquire
land under the tax deeds. So moved requiring four votes.
Vice Chairman Gort: It's been moved. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Gort: Any further.disctusslon? Being none, all in favor state by saying
The Commission (Collectively): "Aye
The following resolution was introduced by Commissioner Teele, who moved its
adoption:
• RESOLUTION NO. 01-167
A RESOLUTION OF TEE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), BY A FOUR -FIFTHS (4/STJiS) AFFIRMATIVE VOTE,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
ACTION IN AUTHORIZING THE ACQUISITION OP THE NINETEEN (19)
PROPERTIES LOCATED TN THE MODEL CITY HOMEOWNERSHIP ZONE
AND DESCRIBED IN THE "EXHIBIT A," ATTACHED AND
INCORPORATED, BY ACQUIRING THOSE PROPERTIES .FROM MIAMI
DADEE COUNTY FROM THE: "LIST OF LANDS"; ALLOCATING HOME
INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS IN THE
AMOUNT OF $52.7,312 TO SATISFY OUTSTANDING REAL ESTATE
TAXES AND ACQUIRE TAX CERTIFICATES FROM M1AM1-DARE
COUNTY FOR THE SUBJECT PROPERTIES; FURTHER AUTHORIZING
THE CITY MANAGER, WITI-I THE ASSISTANCE OF THE CITY
ATTORNEY, TO EXECUTE ALL DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY -ATTORNEY, TO .FTLB Wise' • TITLE ACTIONS CL2AR
TITLE TO SUCH PROPERTIES.
195 February 15, 2001
(Here follows body of resolution, ,omitted here ad on file in the
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was
by flee following vote:
AYES:
NAYS:
ABSENT:
Commissioner Tomas Regaledo
Commissioner Joe Sanchez
Commissioner Arthur E. Tee1e, Jr.
Vice Chairman Wifredo Gort
None
Commissioner Johnny L, Winton
Office of the {sty
passed and adopted
19fi. February 15,.2001
DEP AGREEMENT NO PAC265
AGREEMENT FOR PREAPPROVED ADVANCED CLEANUP
AMEMMENT NO 1
WHEREAS, Model City Community ]devitalization Distract Trust (hereinafter referred to
as the "Applicant") and the Floods Department of Environmental Protection (heremn.fter
referred to as the 'Department") have entered into an Agreement dated March 1, 2005, to
cost share. the .cleanup of certain contamination at the the former Star Service St�non
facility located at 1199 NW 62"d Street, Miamt, Dade County, FDEP Facility I D
t13S506(04, described in the Agreement,
WHEREAS, Paragraph S of the Agreement provides,that the Applicant and the •
Deparunent canmutually agree to renew this Agreement for an additional period of tune
not to excet:d the mama' term of the Agreement m order to effect site rehabilrtavon,
WHEREAS, the Applicant and the Department have agreed to extend the Agreement an
additional 12 months and continue to cost share ttr their respective cost share amounts in
order to achieve cleanop of the site To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months
THEREFORE, the Applicant and the Department agree that the Agfaernent has been
extended an additional 12 months
All other terms and conditions of the Agreement shall remain the same, except as
'modified in this anienclinent
]ram THE APPLICANT
�
Title m"p_. 1
Narne of Corporation
AA17DE1 C 17y .L_;_
(ii applicable.)
Corporate Seal
f3 ia115
DEP AOREEMENTNO PAC265
AGREEMENT FOR PRE A.PPROVED ADVANCED CLEANUP
' • AMENDMENT NO 2
WHEREAS, Model,C,ty Community Revitalizauon DrsinCt Trust (hereinafter referred to
as the "Applicant") and the Florida Department of Environmental Protection (hereinafter
referred to as the "Department") have entered into an Agreement dated March 1.2005, to
cost share the cleanup of certain contarmnauon at the former Star Service Station facility
located at 1199 NW 624 Street. Miamnr, Dade County, FDEP Facility.] D. el38506094;
described in the Agreement;
WHEREAS, Paragraph 5 of x1-re Agreement provides that the Applicant and the
Department can mutually agree to renew this Agreement for an nctdinonai penod of time
not to exceed the ongmal term of the Agreement in order to effect site rehabilitation;
W1:lEREAS, the Applicant and the Department have agreed to extend the Agreement an
additional 12months and contrnue to c0SL share to their respective cost share amounts in
order to achieve cleanup of the site. To this end. the Department finds it -necessary and
desirable to extend the Agreement an addrhonal'12 months.
THER.EFOR.E; the Applicant and the Department agree that, the Agreement has been
extended an additional 12 months.
All otherterrns and condrttotts of the Agreement shall remain the same, except as
modified in this amendment
FOR THE AFFLICANT:`
FO -M DEP
1
Title' prpxiriert /n17.0 Title:
Date- • irebrutsry 28 t 2007 Date. ro
borne of Corporittion:
(if applicable) •
Corporate Seal
I3 - oir6w
1
DEP AGREEMENT NO., PAC265
• AGREEMENT FOR. ?REAPPROVED ADVANCED CLEANUP
AMENDMENT NO. 3
WHEREAS, Model City Community Revitaliiation District Trust (heteinalier referred to
as the "Applicant") and the Florida Department of Enviro:unental Protection (hereinafter •
referred to as the "Department") have entered into an Agreement dated March t, 2005, to
cost share the cleanup ot'cenail contamination al the former Star Service Station facility
located at 1199 NW 62' d Street, Miami, Dade County, FDEP Facility Lb, 11 .15.06094,
described in the Agreement;
WHEREAS', Paragraph 5.ofthe•Agreewentprovides that the Applicant and the
Department can tnutuallyagree to'renew this Agreement for an additions.) period of time
not to exceed the original term of the Agreement in order to effect site rehabilitation;
WHEREAS, the Applicant and' the Department have agreed to extend the Agreetnent'an
adfiitional 12 months and continue to cost share in their respective cost share amounts in
order to achieve cle rtup•of the site, To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months.
THEREFORE, the Applicant and the Department agree that the Agreement has been .
extended an additional 12 months,
All other terms and conditions of' the Agreement shall remain the same, except as •
modified in this amendment.
FOR THE APPLICANT; . FOR ;,a= E DEP
Title: President/C&;0
Date:. eb, 20op Date;
Name ofCorporafion:
Model City_oi unity Rav
(if applicable)
Corporate Seal
13 /br$"
DEP AGREEMENT NO. ?AC265
AGRP7l+ttpNT FOR PREAPPRO.VED ADVANCED CLEANUP
AMENDMENT NO. 4
WHEREAS, Model City Community Revitalization District Trust (hereinafter referred to
as the "Applicant') and the Florida Department of Environmental Protection (hereinafter
referred to as the "Department")hsve.entered into anAgreement dated Mani 1, 2005, to
cost share the •cleartfp of certain contamination at.tbe former Star Service Station facility
located at 1199 NW 62°1 Street, l~t".uarvi, Dade County, FDEP Facility T.D. #138506094,
described in the Agreement,;
WHEREAS, Paragraph 5 of the Agreeu:eatprovides that the Applicant and the
Department can mutually agree th renew this Agreement for an additional period of tune
not to exceed the original term of the Agreement in order to effeot site rehabilitation;
'GS'1EFtEAS, the Applicant and. the Department have agreed to extend the Agreement an
additional 12 months and continue to cost share in their respective cost ahare amounts in
order to achieve cleanup of the site. To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12-months.
TEERETORE, the Applicant and the Department agree that the Agreement has been
extended an additional 12 months.
All other teens and conditions of the Agreement shall remain the same, except as
tbodified in this amendment.
FOR T1113 ARPLICAND.
Title: President/cm
Date:. 2/4/09
Name of Corporation'
(if a; plicable)
Corporate Seal
FOR
Title: 4, vfL Cff t~
Date: l/�zy•
o7
DE? AGREElvi:ENT NO. PAC265
AOREE1&M. FDR ?REAPPROVED ADVANCED CLEANUP
AMENDMENT NO.5
rle;REAS, Model City Comznurity Revitalization District Tryst (hereinafter referred to
as the "Applicant") and the Florida Department of Environmental Protection (herein fiat
referral to as the "Department") have uttered into an Agreement dated March 1, 2405, to
cosi share the cleanup of certain contamination at the former Star Service Station facility
located at 1199 NW 62'd Scam, Mitten, Dade County, MEP Facility I.D. #13E506094,
desuibed in the Agreement;
WHEREAS, Paragraph 5 of the Agreement provides vides that the Applicant and the
Department can mutually agrat to renew this Agreement for an additional pemod of time
not to exceed the original teem of the Agreunectin order to effect site rehabilitation; •
WHEREAS, the Appacanr and the Department have awed to extend the Ag*eement an
additional 12.months and dontinue to cosi share in their respective cost share mounts in
order to achieve cleanup of tine site. To this end, the Department :bads it necessary and
desirable to extend the Agreement an additional 12 months.
TI4i•b}2E, the Applicant and the Department agree that the Agreement has been
extended an additional 12.mon+hs,
All other terms and conditions of the Agreement shall remain the same, except a
' modified in this arazatiment.
FOR THE APPLICANT:
FOR T%iE. Efv:
- f
Tide: ?'csicent/t xs Tide;
DEL : ?abr.-any 28, 2010
Name of Cotporatinn:
.Date
Mo,eP:rity zortsnunity.jt S•ca:izaticn Dietrict Trost: •
(if applicable) trf..ja r bex:ty City t^.ounr:n t:y?teritai zat4.on Trust
Cor-potate Seal
DEP AGREEMENT NO. FAC265
•AGREEMENTFOR PR APPROVBDADVANCEDCL.EANUP,
AMENDMENT NO. (s
WHEREAS, Model City Community Revitalization District Trust (hereinafter referred to
as the "Appileat^n and the Florida Department of Environmental Protection (hereinafter
referred torts the `department") have entered into an Agreement dated March I, 2005, to
cost share the cleanup of oertairt contamination at the former Star Service Station facility
located at 1199 NW 62ad Street, Miami, Dade County, FDEP Facility ID. #138506094,
described in the Agreement;
WHEREAS, Paragraph 5 of the Agreement provides that the Applicant and the
Department can mutually agree to renew this Agree ent for an additional pod of time
not to exceed the original temp of the Agreement in order to effect site rehabilitation; •
WHEREAS, the Applicant and the D epartmentheve agreed to emend the Agreement a>1
additional 12 months and continue to cost share in their respective costshare amoaats in
order to achieve cleanup of the site. To this end, the Department fords it necessary and
desirable. to extend the Agreement an additional F2 months.
THEREFORE, the Applicant end the Department agree that the Agreement has been
extended an additional 12 months.
All other teams and conditions n fthe Agraemeat shallr
modified in kbis amendment.
FOR THE APPLICANT:
'7'3.t1e:
Date:
Name of Corporation:
(if applicable)
0:gora#e Sent
1
/3-108
email The Sena, except as
'FOR THE DEPARTMENT:
Title:
Date:
DEP AGREEMENT.NO. PAC265
• . AGREEMENT FOR PR APPROVED ADVANCED CLEANUP
AlviE.NDMENT NO.9
WHEREAS, Model City Community Revitalization District Trost (hereinafter referred to
as the "A,pplicartt") and the Florida Department of Environmental Protection {barei114er
-eferred to as the "Department") have entered into an Agreement dated March ], 2005, to
'oust share the cleanup of certain contamiriation at the .formed Star Service Station facility
located at ] 199 NW 62nd Street, Miami, Dade County, FDEP Faclity ID. 0138506094,
described in the Agreement;
WHEREAS, Paragraph 5 of the Agreemeitprovides that the Applicant and the
Department can mutuatlyagrec to renew this Agreement for an additions] periods of time
not to exceed the ozigiTal term of the Agreement in order to effect site rehabilitation;
WHEREAS, the Applicant and the Depart have agreed to extend Mt: Agree:Mont an
addiional 12 months and continue to cost sha-e in their respective cost sham amdtmts in
order to achieve cleanup of the site. To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months.
THEREFORE, the Applicant and tie Department ague drat the AgreMMent has been
extended an additional 12 months.
All other terms and condttinns of the 4rtexont ehsttremain the same, except as
modified in this amendment.
POR THE APPLICANT: •FOR THE DEPARTMENT:
Title:
Date: . ]date:
Name of Corporation:
of applicable).
Corporate Seal
1
/3-/aa'' '
CITY OF MJI1AMl, FLORIDA
INTEROFFICE MEMORANDUM
1
Honorable Mayor end Members
of the City Commission
JAN 8 0 2b01 FILE;
susJEcr: Resolution Rstifying, Approving and
Confirming City Manager's Action
to Acquire `List of Land" Properties
REFERENCES ; Model City Homeownership Zone
City Commission Agenda Item
ENCLOSURES: Meeting of February 15, 2001
DATE:
i2ECOMM NDATION:
It is respectfully recommended that the City Commission adopt the attached resolution, by a
4/5ths affumative vote, ratifying, approving and confirming the City Manager's finding that it was
advantageous and practicable for the City Manager to expend $527,312,00 in Home Investment
Partnership Program ("HOME") funds to satisfy all outstanding real estate taxes and/or tax
certificated for the acquisition of nineteen (19) properties located in the Model City
Homeownership Zone by acquiring the subject properties from.. Miami -Dade County from .the
"List of Lands". The proposed resolution further authorizes the City Manager and the City
Attorney to executeall documents necessary to file quiet title suits with the courts to obtain clear
title for the subject properties.
At the July, 21,.1998 City: Commission meeting, the City Commission adopted Resolution No.
98-800, approving the establishment of a homeownership zone in the Model City neighborhood
bounded by Northwest 6214 Street to the north, Northwest 541 Street to the south, Northwest 121
Avenue to the east and. Northwest 17th Avenue to the west. The said legLslation further allocated
S1,500,000 in Home Investment Partnership Program ("HOME") funds to assist in the
acquisition of suitable housing sites for the development of new homeownership housing units in
the Model City Homeownership Zone,
Over the next two to three (2-3) years, the City, in partnership with Fannie Mae, Mianai-Dade
County, U.S, HUD, l000al financial institutions, and the private housing industry anticipates
developing over 400-550 new housing units in the area for purchase by low, moderate and
middle income families. During the past several months, the Department of Community
• Development has surveyed the Area to Identify available parcels of vacant land and substandard
properties, which would be suitable for the construction of new housing units.
Nineteen (19) parcels of land, identified in the attached Exhibit "A", located in. the Model City
Homeownership Zone, were available from Miami T)ade County from the `List of Lauds" in the
3 -/off-.
01- 167
amount of $527,312.00, which represents all outstanding teal estate taxes and/or tax ceiitificates
affixed to the subjectparc:els. Acquisition of these nineteen (19) properties by the City represents
a significant step towards creating new homeownership opportunities for residents in the Ndodel
City neighborhood.
The attached resolution ratifies, approves and confianita the Ctty Manager's action insuthorizing
the acgn Wition of the subject parcels prior to City Commission approval in order to prevent the
City from incurring additional interest payments to Ivliami Dacle County and/or the tax certificate
holder(s).
DB/GCW/JBH
2 nt.- 1Y
Cloy of Miami
Master Report
Enactment Number, R-12.039
Oily Hall
a300 Pan Amwicen Drive
Mlaml, Pi. 33133
v ww,mlamlgov.com
Ella Number; .12-00953
Version: 1
He Type Resolution Status.: Passed
Referenoe: Controlling Body: Office of the City
Clef&
File Name: Advanced Clomp Prgtn. -1199 NW 62 St
Requester: Office of Grants Cost:
Administration
Introduced: 8/21f2012
Final Action: 9/27/2012
Title; ARESOLUTION OF THE MIAMi CITY CO1<f,MISSION, WITH AITACEHMI"NI'(S), RATIFY]NO
THE CITY MANAGER'S EnCUTION OF AMENDMENTS TO THE ADVANCED CLEANUP
PROGRAM FUNDING AGR.LffS, WITH THE SLATE Ol? FLORIDA DEPARTMENT OF
ENVIRONMVTAL PROTECTION, FOR ITS CONIRTEUTION FOR THE =AMP OF
ENVIRONMENTAL CONTAMINATION AT 1199 NORTHWEST 62 STREET, MIAN.I, FLORIDA
(FORMERLY STAR GAS STATION), CONTRIBUTING AN AMOUNT NOT TO EXCEED
$101,336.31 WITH CITY'S CONINEUTIONIN TEE AMOUNT CF S35,000, FORA TOTAL
• AMOUNT OF $136,316,31; AUTHOPIZINGTHE CITY IvfANAGER TO NEGOTIATE
AMENDMENTS, MODIFICATIONS AND k.XTENSIONS TO SAID AGREEMENT, IN
SUB STANTIALLY THE ATTACHED F.ORM(S), TOR ATWELVE (12) MONTH PERIOD, W1TH THE
OPTION TO RENEW FOR UP TO TWO. (2) ADDITIONAL TWELVE-MONTH PEtJODS UNDER
11 L- SAME 1ha/IS AND CONDITIONS.
Sponsors:
Notes:
Indexes:
Attachments: 12-OO95A Sn'nn,ory Form.pdf;12-00953 Legialaiion.pdf,12-00953 Exhibit 1 vlf,
I-Ilatory of LLg1s1a'ttve rile •
Version: Acting Body;
Date: Anton:
Sent To: Due Date: Return Date: Result:
1 Oflioe of the City 9/20/2012 Reviewed and
Attorney Approved
1 City Commission 9/27/2012 ADOPTED
1 Mice orthe Mayor. 10/4/2012' Signed by theMey•or Office oftiteCity
Cleric
1 office of the City C1otk 10/42012 Signed and Attested
by City Clerk
Pus
Page 1 15itH Od on S! 1/.9
Oity of Miami
Legislation
. . . Resolution
City Hall
3500 Pan American
Drive
Wllantr, FL 33133
wrnw.miemigcv.com
Pile Number; 12410953
• Fine) Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH'ATTACHMENT(S),
RATIFYING THE CITY MANAGERS EXECUTION OF AMENDMENTS TO THE
ADVANCED CLEANUP PROGRAM FUNDING AGREEMENTS, WITH THE STATE
OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS
CONTRIBUTION FOR THE CLEANUP OF ENVIRONMENTAL CONTAMINATION
AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA (FORMERLY STAR GAS
STATION), CONTRIBUTING AN AMOUNT NOT TO EXCEED $101,316.31 WiTH
CITY'S CONTRIBUTION IN THE AMOUNT OF $35,000, FOR A TOTAL AMOUNT
OF $136,318.31; AUTHORIZING THE CITY MANAGER TO.NEGOTIATE
,AMENDMENTS, MODIFICKfION.S AND EXTENS1ONS.TO SAID AGREEMENT, IN
SUBSTANT(ALLYTHEATTACHED FORM(S), FOR ATWELVE (12) MONTH
PERIOD, WITH THE OPTIONTO RENEW FOR UP TO TWO (2) ADDITIONAL
TWELVE-MONTH PERIODS UNDER THE SAME TERMS AND CONDITIONS.
WHEREAS-, in 2005 the Model City Community Revitalization -District Trust ("Model City Trust")
.entered Into a twelve (12) month agreement with the State of Florida Department of Environmental
Protection ("FDEP") through the Fre-Approved Advanced Cleanup Program ("PAC") for the
envlroninental cleanup of contamination for the property located at 1199 Northwest 62 Street, Miami,
Florida (formerly Star Gas Station) ("Property'); and
WHEREAS, the environmental cleanup of the Property contributes to the health, welfare and
safety of the residents of the City of Miami ("City') and-prom.otss economic revitalization of the
neighborhood; and
'WHEREAS, in both 2008 and 2007, the Modet City Trust executed amendments with FDEP to
extend the terms of each agreement for an additional twelve (12) month period respectively; and
WHEREAS, upon the dissolution of the Model City Trust and the creation of the Liberty City
, Community Revitalization Trust ("Liberty City Trust"), administrative responsibilities for these .grants
trensitioned to the Liberty City Trust, while the responsibility for on -site programmatic activities
transitioned to the Clty'e Department of Economfc.Development-Brownsfields initiatives; and
• WHEREAS, In 2008, 2009, and 2010, the Liberty City Trust executed amendments with. FIEF,
to extend the.terrns of each agreement for an additional t✓vslye (12) month' period; and
WHEREAS, the City has been responsible for,ntanaging the programmatic and administrative
responsibilities for said FDEP grants since 2011; and' • •
WHEREAS, the ratification of Bald amendments for retroactive approval from the period
beginning March 1, 2011, is required by the City Commission; and •
WHEREAS, this is a cost share grant' with -FDEP contributing 65% funding for each -tasit
City ofJrlrran7
Page J of 3
Pie Mt J2-00953 (Perston: J) Printed On: 9/.17/3011
Flle Number, 12-00853
leading, toward cleanup of the stte for an amount of 101,316.31, with payments made directly to the
contractor; end
WHEREAS, the CItys cost share portion of the remaining balance of 35%, In the amount of
$36,000, 'not to be Increased without City Commission approval, le a condition precedent to the
performance of the grant by the City, and
WHEREAS, the City intends to use these grant funds to apply for othergrants for the total cost
of the clean-up of the Property;. and
WHEREAS, the City must execute a new amendment with FDEP to extend the term of the
agreement for twelve (12) months and continue the >;ost share for the clean-up of the Properly; and
WHEREAS, the City Administration is further requesting the Gity Commission to authorize the
City Manager to negotiate, execute, and amend the agreement with FDEP for the PAC, for the
Property, to extend said agreements for an additional twelve (12) month period, beginning March 1,
2011, with the option to renew for two (2) additional twelve-month periods under the same terms and
conditions;
NOW, THEREFORE, BE iT RESOLVED BY TH.i" COMMiSSION OF THE CITY OF MIAMI,
FLORIDA; .
Section 1. The •recitals end findings contained In the Preamble to this Resolution are
incorporated as fully set forth in this Section.
Section 2. The City iManager'e execution of amendments to the PAC funding agreements, with
the FDEP, for FDEP contributions, In an amount not to exceed $101,316.31, with City contributions In
the amount of S35,000 for a total amount of $136,316.31, for the cleanup of environmental
contamination at the Property, is ratified.
Section 3. The City Manager is authorized(1) to negotiate amendments, modifications and
extensions to said agreements, In substantially the attached.form(s), for a twelve (12) month period,
with the option to mew ew for up to two (2) additional twelve-month periods under the same terms and
conditions.
Section 4. This Resoiutipn shall become effective Immediately upon its adoption and signature
of the Mayor,(2)
APPROVED AS TO FORM AND CORRECTNESS
JULIE 0. BRU
CITY ATTORNEY
eO no49st
Cky of IlImni
Pogo 2 of 5 . Fite Id. I2-OD553 (Fenton: 1) Prints" 0n: 9/174OI2
File Number. 12.00853
{1.) The herein authorization Is further subject to compliance with all requirements that may be
Imposed by the City Attorney, Including but not limited to those prescribed by applicable City
Charter and Code provisions.
{2) If the Mayor does no1 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,
'8- /DTr'
City of Wand Page 3 of Fr1e Id: 12-0033(Wsroy:1) Printed On: 9/17/1012
EXHIBIT D
Resolution R-04-038; Model City Trust Board of Directors
Authorization of Cherokee Enterprises for Brownfield
Remediation at 1199 NW 62nd Street
• ROWITONNOiW
,
A ' RESOLUTION OP ThE BOARD OF
DIRECTORS WI THE MODEL CM TRUST
TO AUTHORIZE THE PRESIDENT/CEO TO
EXECUTE PROFEEiSIONAL BEIRVICTS
AGREEMENTS, • IN SVESTAMALLY
ATTACHED FORM, WITH . EVANS,
ENVIRONMENTAL & mosantias FOR
THE REMEDIATION OF BROWNEIELDS
SITES LOCATED AT 1501 NW. 62140 STREET
AND 6» NW 171a AVENUE AND:
.SS? kap !EE12f
v.,-,4-74-411." gao
44-44 sta
Apploved by the Etoard of Directors re. the Model City Cantriunity Revittlization
District Trust at Lt westing N Ottobe 25, 2C1D4.
MARVA L WILEY
• PRESIDENT/CEO
STATE OF FLORIDA )
COUNTY OP IVAAMI-DADE )
Eabacmlied tkrld sworn to before me t'JY MARVA L.WILEY, President/Chief
Executive Officer, as tho official reccor (*sepir for the Model CA Tn.*, who prodtced
• as identification, on the day of
Od';r41.46-ig. , 2004.
•My commission expires:
Notary Public, State of Plorida.
EXHIBIT E
Florida Department of Environmental Protection Preapproved
Advanced Cleanup Program Agreement and Amendments for
1199 NW 62 Street
Department of
Environmental Protection
Twin Towers Staffing
Jab Bush 2e(10 91aIr Stone Road
Tatahessea, Florida 32898.240I)
.Governor
March 3, 2005
Mr. Paul Wight
Miami -Dade County Frnvironrnetrtal Resources Management
33 SW 7"`t Avenue
Miami, Florida 33130.1540
RE: is trpor,Qv_ed �vanr Cleantm fPA )Proms
Pointer Star Service Station
1199 NW 62 Street
Miami, Dade County
• I~D ' Facility I.D.10138506094.•
Former JO Shamrock/Supreme Service Station
6200 NW 17th Avenue •
Miaxni,.bade County,
F27EP Fnci.lity LU..#13.5?3�3 .`'•
Former Gipson's Service Station
.1501 NW 62' Street
Miami, Dade County
FD P Facility.i: 7..C.39101074 • .
DearMr. Vol&it<
��crr3ei�ts
Colton tvi. CasWWle
Seamier),
Enclosed are copies of the fully executed PAC Agreements for the above referenced facilities. I
have already forwarded copies of the Agreements to the Applicant and to scanning. Cletmvp
work can now begin under p'reapproval. If you have any questions, please contact ute at
(850) 2454912, or at the letterhead address, Mail Station 4580, or e-mail me at
mike.blanC1 de ,state.fl.us.
Sincerely
J, Bland, P.O,
Petroleum Cleanup Section 4
I3utcau of Pae olemn Storage Systems
Division of Waste Management
Attacluneuts
Woo e Proiacti)n; less Premed'
Vielt Ouraatonal atte At: www.dapa!ate.tt ueforaotoloate89rteateapidatault:htm
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Ccn'flRACT Itio,
AGREEMENT FOR PREAPPROVE1 ADVANCED CLEANUP
Thts Agreement Is entered Into by and between the Florida Department of Environmental
Prbteetion (hereinafter "Department"), whose address is 31X)0 Commonwealth Boulevard,
Tallahassea,.f;Ioricla, and the Model -City Community Revitalization District Trust
(hereinafter "Applicant"), whose address is 444 S.W. 2'd Avartuc,10`h Floor, Miami,
Florida 33130, (collecitvely the "Parties") to perform preapproved advanced cleanup of
certain contamination which is described in Attachment A of this Agreement at the
Former Star Service Station facility located at 1109* NW 62" Street, Miami, Dade County,
F'DE? Facility 1.l:), # 138506094,
WI{I3R3AS, In accordance with Section 376.30713, Florida Statutes (P.S.), the
Department 16 authorized to approve an application for preapptoved advanced cleanup at
ell gible sites, prior to funding based on the site's priority ranking established pursuant to
Section 376.3071(5)1a), F.S.;
WHEREAS, in accordance with Section 376.30713, F.S„the Department accepted
Applicant's Preapproved Advanced Cleanup application based an the Applicant's
•rcpmscntatinns and covenants contained thcretn;
WHEREAS, consistent with Sections 376.3071(5) and 376,30711, I'S., and the rules and
guidance. adopted thereunder, the Department, to obnsultation with the Applicant and
based on the Limited Contamination Assessment report (hereinafter "LCAR"), has
conceptually agrectl to the site rehabilitation strategy described in Attachment A, which
the Applicant understands may be different diatribe proposed course of action submitted
in the application; and
WHEREAS, the Applicant and the Department desire to enter into an Agreement to share
the pasts of site rehabilitation as set forth 'below In order to effect site rehabilitation
pursuant to Sections 376,30714 and 376,30713, F.S., and Chapter 62•770, Florida
Administrative Code (F,A,C,).
NOW, TREREF OR13, in consideration of the mutual benefits tole derived herefrom, and
other good and valuable consideration, the Department and the Applicant do hereby agree
us follows:
GENERAL,.
1. The Parties will each contract separately with a site rehabilitation contractor (the
"Designated Contractor") to effect site et:habilitation, The Applicant agrees to cause the
Designated Contractor to submit work plans end related documents to the.Dapartment
icyitesting approval for the sale rehabilitation strategy. The Department will review such
1
0.514
/3 — /• 6
proposals prtvnptly in nvcnrthutciwith the intr.rnal pnweciwrs of the l'reappraval
Program ;md. Ir b"ufrt,: ftintlinl' r. availuhdc, utll ISsuc WW1; Iyr the
"Designated Contractor he implementation lit ilia uppnittvI Luc rchulcihhrttun strateg}.
fix:}i work order is; uiject itt.th4 ttsailati hI td hauling ut the time that ilk' to as k ender is
toiiy exeetneJ by the Department and Designated Contruelur.
2. All ac:ttvitit:s associated with the performance of rhi:t Agreement shall he in
eonformanee wilhtltaprovisions tirt;'tupter376,FS.. taut Clavier 62.770.F.A,C. All
other term's and conditions. including payments by -the Department of its cosi share under
INS Agn:urncnt shall he con;nrucd iAt`onfortnuncc with the provisions ofScetirtns
37G0(171 1 and 376.30713. KS. The Parties lien to agree that this Agreement shall
uddiiurnally bc cu(tlecl in the applicable provisions of Section 287,U53. T.S.
3. bt addition.to the limitations set forth in Section 37(r.30713. ES.. the limitations-1nd
iruvotions governing the Early Detectlon incentive Program US aet forth in Section
3763071, 17.S., The Ahitnt}uncd Tank Restoration Program (hereinafter "ATRP") as set
forth in Section 376,305. C.S., and Department rule. and the Petroleum =l..ialiility and
Restoratma )nsylrunce Program (hereinafter "PI,RIP") tt.4 Set forth in Section 376.3072,
1,S., and Department rule Atoll continue To apply, The funding cups shall be us
established under the respective originul'prngnu» x but in no event shall funding from the
Inland }'mtccti(In Trust Fund exceed the funding caps established in Section
376.3071 (4), F,S. Further, thedeductihlc provisions anti closure requirements
governing the ATTtP the 11,R1P continuo to apply to the ennturinutiun which is the
subteen of this Agreement. and shall not count towards the Applicant's cost.shnre
commitment under tins Agreement, Any deductibles duo the Department under ihc,
ATRP or PI.RIP skill he paid to the Department promptly union execution ur this
Agreement and prior to ihc issuarie of any meek order to the Designatad Contractor,
Atiy eiosure requirements under the ATRP shall be fulfilled prior to execution adds
A> r anent. By entering into this Agret:inent.tbe Applicant is hound by the turns of this
' Agreement. even in tiro event that the facility's prforay score would otherwise entitle the
Applicant in proceed with site rehabilitation under Section 376.3071 I, F.S., during the
term of 'hit: Agreement.
#. Thu Apliticant utaclanttInt,s that during the coarse oleic rchnhilituttun, thei)cpurtment
nut.:,, hived on the situ utes. rides and guidance ofiht! l)eparimeni. re; isc the site
rehabilit;tiion.strategy titre to technical or C;1;I c<Tnsnleratinns, Any changes Made by the
i)cpanment to the site rehabilitation strategy which will not increase the Applicant's
share or total cleanup oasis spectlicd in Pllr;iltt'aphx It 0nd.12 may he made unilaterally by
the, Dcpuiitncnt mid will not ryuiirc the Applicant's consent. However. in this event the
Applicant may elect, upon the Def,iirttnent'u t:tnisent. to coming° it more costly or
npgrektii'e site rehabilitation strategy et tht: Appl!eant'c sole cost nod .Spcnsc, and the
Department's obligation to errs! share under this Agreement shall he suspended until such
brat: as the Parties can intact tlly.agrt:c upon the appropriate future site 'eltuhrlilatinn
strtrtehy s ut costs; C'h:mites lrn'p(scd by the IX -moment ment sit the site rehnhi1iu,tloll strategy
which would increase the Applicant's share of total cleanup costs in excess of the amount
contemplated in Paragraph & will be made only with the Applicant's consent.
TERM OF AGREEMENT AND SPENDING LIMITS.
5. This Agreement is effective oti the date of execution and shall be in effect for 12
months. The Department reserves the right to renew this Agreement for art additional
period of tlnio not to exceed the original term of the Agreement in•ordcr to effect site
rehabilitation. The Agreement may be terminated earlier .upon mutual agreement of the
Parties, Additionally, the Department will not renew this Agreement if substantial
progress is not made towards site rehabilitation on art annual basis.
6. The maximum amotmt of funding that may be available under this Agreement is
3159,900.00. which represents the Department's estimated cost share (plus an additional
reserved amount of 20% of the Department's cost share) of the total costs of site
rehabilitation. The Applicant recognizes that the Department's funding .of site
rehabilitation costs is subject to the aveitability of funding at the time each work bider is
fully executed, pumuant to Paragraph 1.. The Parties understand that this Agreement shall
not result in the encumbering of State funds upon Agreement execution. T'he Department
and the Applicant have estimated, based upon the site rehabilitation strategy and LCAR, •
total costs under this Agreement by both parties cumulatively far the specified site
rehabilitation activitie to be $205,000.00 (the "Estimated Cost"). However, the Parties
recognize that due to unforeseen circumstances which may exist or occur at the site
during site rehabilitation, actual site rehabilitation costs may either exceed or be less than
thi Es rued Cont. in the event That total cumulative costs under this Agreement exceed
the Estimated Cost, the Parties pgree to cost share, in their respective proportions, any
excess site rehabilitation costs lap to 20% over the Estimated Cost. At any time during
this Agreement, or any fully executed work order, it becomes evident that site
rehebitltation:costs will exceed the Estimated Cost by more than 20% or if Department
funding fa. not available, the Parties agree toreevataete dna Agreement, and to suspend
site rehabilitation under this Agreement, If necessary, for ateim not to exceed six months.
if the Patties agree to continue site rehabilitation under this Agreement to their respective
cost share amounts, the Department reserves the right to amend this Agreement to
ittereaseldecrease the total amount of State funding which may be available under this'
Agtt:ernent, ii the Department lands it necessary or desirable to do so.
COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT.
7. 13ased on the Apptitiant's cost -sharing cornmitment'to pay 35.00% of the total costs of
site rehabilitation es specified by the Ap$Ieont in the Preapproved Advunced Cleanup
replication, the Department's cost share is 65.00%. tn:accortiaracc with Sections
376.30711 and 376.30713, P.S., and Paragraph 1 of this Agreement, the Department will
rtegotialc work orders with the Designated Contractor, and will thereby he rosponai hie to
the Designated Contractor solely for the Department's percentage of its cost share as
specified in the work order. .
3
-:1
& The Department will review and approve site rehabilitation activities in accordance. 1
with the terms of the work orders and Chapter 62.770, P:A.C„ And shall muke copies of
such documents available to Tile Applicant. The Applicant is further advised and
understands that.the Depart/tent may task a locallycontracted county with review of site
rehabilitation documents or issuance of work orders under this Agreement
9, In accordance with Section 287.0582, P.S., the State of Florida's -performance End
obligation to pay under this Agreement or any executed work order Is contingent upon en
annual appropriation by the Legislature. The Parties further understand that the execution
of a work order is contingent upon the availability of funding at the lime of work order
execution.
COVENANTS AND REPRESENTATIONS OF THE APPLICANT.
10. The Applicant specifically readopts and reaffirms the covenants and representations
made In its Application. To the extent that this Agreement does not specifically provide
otherwise, the Ai>piication terms and conditions, as • well as the representations and
covenarrs of the Applicant contained in the Application are hereby incorporated by
reference. The Applicant further represents that it is in good standing In the State or
Florida and Is qualified to enter into this Agrearitent and is able to fully perform its duties
tinder this Agreement. The Applicant acknowledges that the execration of a work order
by the Department and Designated Contractor•ls subject to the availability'of funding
needed to carryout the activities deseribud under the work order. The Applicant
understands that this Agreement shall not result In the ent:umbeting of State funds upon
execution of the Agreement.
11. Within 30 days of execution of this Agreement, the Applicant shall submit a
ContrnctorDesignation Form to the Department for approval in accordance. with Section
376,30711., P.S.
12, The Applicant has made a cost -sharing eommitment to pay 3f>,00Taof the total casts
of alto rehabilitation as specified in the Proapproved Advanced Cleanup application,
which Is estimated, based on the site rehabilitation strategy and LCAR, to be
$2O5;000.O0, In order to guarantee and sceure its performance to t eDkpartntent under
this Agreement, the Applicant shall provide to the Department a certificution that they
grave act aside funds to cover their share of the cleanup costs together with A Resolution
adopted by the Board of Directors of the Model City Co»ntuunity Revitalization District
Trust obligating them for payment of their cost share of S86,100.00 as required by Florida
Statutes. In addition, at The request of the Department,. the.Applioant shall. provide to the
Department such other financial documentation as may be required in order to fulfill the
Applicant's obligations under this Agreement and ctmplete site rehabilitation as specified
in this Agreement.
13. The Applicant agrees to provide within live days of execution a copy of any and all
agreements with any Designated Contractor performing site rehabilitation activities
subject to this Agreement. The Applicant shall be sub}cct to the prompt payment
provisions of Section 215.422, F,S., upon receipt of an invoice for its cost:share
commitment from the. Designated Contractor, when such invoice Is accompanied by a
writtcri approval by the Department of the work completed. Within 40 days of payment
to the Designated Contractor, the Applicant shall provide to the Department proof of such
payment, which shall include a copy of the Applicant's paid and canceled check to the
Designated Contractor or a certification by the Designated Contractor that the invoice
amount specified in the certification was paid and indicating this date such payment was •
received by the Designated Contractor from the Applicant. in accordance with Section
376fi711, F.S.,it is unlawful for the Applicant to receive any remuneration, in cash or in
kind, from the Designated Contractor performing site rehabilitation activities that arc
subject to this Agreement. The Applicant Is further prohibited from entering into any
agreement with the Designated Contractor which would have the effect of reducing the
Applicant's cost share conunittnent under this Agreement.
14. The Applicant shall maintain books, records, documents and other evidence
pertaining to compensation and payments directly pertinent to performance under this
Agreement in accordance wth generally accepted accounting principles and practices
consistently applied. The Department, the State of Florida or thcirauthorized
representtatives shalt have access, without cost, except reasonable tests associated with
photocopying such records, to such records for audit purposes during the term of this
Agreement and for five years following termination of this Agreement.
TERMINATION OF AGREEMENT AND RI3MEDIES FOR BREACH Of
AGREEMENT.
15, This Agreement may be terminated for material breach of obligations by either Party.
Material breech means substantial failure to comply with the tans and conditions of this
Atonement. A•Party terminating the Agreement shall give written notice of the breachto
the other Party within 14 days ofdiscovery of facts giving rise to the breach. Sind rmtice
shalt beor.sufftcienidetail so tint the Party allegedly in breach can formul®io a remedy.
1f the breach is remedied within 15 days of the notice, the Agreement tttttall remain in
effect. If the breach is not remedied within 15 days of the notica, the Agreement may be
terminated within t5 days of the close of the 15 day remedy period. In the event that the
Department delenniaes, in its sole discretion, that the Applicant is hi breach of this
Agreement, the Department reserves the right to etteroise• all rerrsedios at law and equity,
including but not limited to, suit for specific pertormance tmd action to draw on the Letter
of Credit or Financial Guarantee Bond and activate the Standby Trust Fund Account
Agreement rnnintalned tinder thia Agreement: in the event that the Department is in
breach of this Agreement, then the Applicant reserves the right to exe;eisc ell remedies at
law.
If). The Department reserves the right to unilaterally cancel this Agreement -for refusal by
the Applicant to allow public access io all documents, papers, Fatten or other material
subject io the provisions of ampler 110, F.S., and made or received by the Applicant in
conjunction with this Agreement.
NOTICES.
17. Any notice or written communication required or permitted hereunder between the
parties shall be considered delivered when posted by Certified Mail, Return Receipt
Requested, or.de1i vered In person to the appropriate Party Representative, as designated
below, .The Department shall Rive reasonable notice (end not less than any specifically
required under this Agreement; or its inspection of documents, conduct of audits, review
of files, request for informations, inquest for copies or otherwise Mating io the exorcise of
such rights as referred to in this Agreement. Party Representatives are as (ol1ows:
For the Department:
Michael E. Ashey, Chief
Eureau of Petroleum Storage Systems
Department of Environmental Proteetlort
2600. Blair Stone R oad
Tallahassee, Florida 32399-2400
Phone (850) 245-8821
For the Applicant:
Marva L. Wiley, President/CEO
Model City Community Revitalization
District 'riv 1.
444 SW 2'4 Avenue, IUei Floor
Miami, Florida 33130
Phone (305) 635-2301, x375
Each Party shall have the right to change its Representative upon ten days written notice
to the other forty.
QWN'iE12SUIIP OF EQUIPMENT.
18. Upon completion of site rehabilitation, the Parties shall causean inventory to be
performed of any equipment purchased by the Parties as part of the shared costs. The
Parties shall then mutually ague upon an appropriate division of such equipment based
upon their respective proportionate share, of payment of the•shared costs. During the term
of this Agreement, any equipment purchased by the Parties shall only be usedat the site
which is the subject of this Agreement or. other sites where the Forties have en executed
Preepixoved Advanced Cleanup Agreement. Equipment ormachinery owned solely by a
Party or purchased or Ieaseddirecily by a Party (other than a sherd cost) shall remain the
property of that Party.
AMENDMENTS.
19, Any amendment to this Agreement must be in writing and Signed by the Parties.
ASSIONMENT,
•20. 'This Agreement shalt not be assigned by either Party without prior written consent of
the non•assigning Party.
CHOICE of LAW/FORUM.
21. The Parties hereby agree that any and nil actions or disputes arising out of this
Agreement shall be governed by the laws, of the State of Florida; and any such actions
shall be brought in Leon County, Plorida.
ENTIRE AGREEMENT.
21. It is hereby understood and agreed -that this Agreement states the entire agreement
and underatatldings between the Parties, and that the Parties are not bound by any
stipulations, representations, agreements or promises, oral or otherwise, not printed in this
Agreement.
NOADIVIISSION OFUABiLITY.
23. This Agreement shall not constitute, be interpreted, construed or used as evidence of
any admission of liability, law or fact, a waiver of enyright or defense, nor an estoppel
against any Party, by the Parties as between themselves or by any other person or entity
not a Party. However, nothing in this Paragraph whatever is intended or should be
consu ued to limit, bar or otherwise impede the enforcement of any term or condition of
this Agreement against any Party to this. Agreement }syany Partyio this Agreement.
POI?THE APPL!CMT' POR
ri l Ety:(01,44J6
Date; ."f 0/6,,,,
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`,PR15CILLA tffi0t1? QN
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TZ"1 A1'i fs'Y
DANIA CAttRTLL,O dfliOr
RTSir plANAGEMIT hplimIS'ISA'1OL
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DEP AGREEMENT NO PAC265
ACRPPMENT FOR PREAPPROVED AD VANC>~ Il CLEANUP
AM33NDMENT NO 1
WHEREAS, Model City Community Revitalization Dtstnct Trust thereinafter referred to
as the "Applicant"). and the Florida Department of Environmental Protection (hereinafter
referred to as the "Department") have entered into an Agreement dated March 1, 2005, to
cost share the cleanup of certain contamination at the the former Star Service Station
facility located at 119'9 NW 62id Street, Miami, Dade County, PDEP Facihty 1 D
#138506094, described in the Agreement,
WHEREAS, Paragraph 5 of die Agreement provides that the Applicant and the
Department can mutually agree to renew this Agreement for an additional mod of time
not to exceed the onginal term of the Agreement in order to effect site rehalnlitations
•WT3LREAS, the Applicant and the Department have agreed to extend the Agreement an
additional 12 months and continue to cost share in their respective cost share amounts in
order to achieve cleanup of the site To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months
THEREFORE, the Applicant And the Department agree that the Agreement has been
extended an additional 12 months
All other terms and conditions of the Agreement shall remain the same, except as
modified in tins amendment.
Date3l 67IQ.(-)
Name of Corporation
LVIDE
Of > able)
Corporate Seal
DEP AGREEMENT NO PAC265
AGREEMENT FOR ?REAPPROVED ADVANCED CLEANUP
AMENDMENT NO 2
WHEREAS, Model City Community Revitalization District Trust (hereinafter referred to
as the "Applicant") mid the Florida Department of Environmental Protection (hereinafter
referred to as the "Department") have entered into an Agreement dated March 1, 2005, to
cost share the cleanup of certain contamination at the former Star Service Station facility
located at 1199 NW 5:5-nd Street, Miami, Dade County, FDEP Facility 1 D. i`18506094;
described in the Agreement;
WHEREAS, Paragraph 5 of the Agreement provides that the Applicant and the
Department can mutually agree to renew this Agreement for an additional period of time
not to exceed the ongmai term of the Agreement in order to effect site rehabilitation;
WHEREAS, the Applicant and the Department have agreed to extend the Agreement an
additional 12 months and continue to cost share in their respective cost share amounts in
order to achieve cleanup of the site. To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 mcmths.
THEREFORE, the Applicant and the Department agree that the Agreement has been
extended ars additional 12 months.
AU other terms and conditions of the Agreement shall remain the same, except as
modified in this amendment.
FOR T]1'E APPLJCANT;
title PrpA dort[C'RO
Date' February 28, 2007
Name of Corporation:
(if tippllcttble)
Corporate Seal
13—/ 5
DEP AGREEMENT NO, PAC265
AGREEMENT FOR PiiEAPPROVED ADVANCED CLEANUP
AMENDMENT NO: 3
WHEREAS, Model City Community Revitalitiation District Trust (hereinafter referred to
as the "Applicant") and the Florida Department of Environmental Protection (hereinafter
referred to .as the "Department") have entered into an Agreement dated March 1, 2005, to
cost share the cleanup of certain contamination at the former Star Service Station farllity
located at 1199 NW 62" d Street, Miami, Dade County, FDEP Facility LD. 385A6094,
described in the Agreement; '
WfER.EAS, Paragraph 3 of the Agreement provides that the Applicant and the
Department can mutually agree to renew this Agreement for an additional period of time
not to exceed the original term of the Agreement in order to effect site rehabilitation;
WHEREAS, the Applicant and the Department_ have agreed to extend the Agreement' n
additional 1.2 months and continue to cost share in their respective cost share amounts in
order to achieve cleanup of the site. To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months.
T};EREF ORE, the Applicant and the Department agree that the ,Agreement has been
extended an additional 12months.
All other terns and conditions of the Agreement shall remain the same, except as
modified in this amendment.
FOR THE APPLICANT;
Title; Proeident(CEO
Date: sv:,. 3n t 2008
Natne of Corporation'
.Ttnasg..City 2omnuni ty RPit,
(ifappiicable)
Corporate Seal
DEPAORPEMENT NO, ?AC265
AORIMMENT FOR PREAPPR0VED ADVANCED CLEANUP
Al NDM'ENT NO. 4
'WHEREAS, Model City Community Revitalization District Trust (hereinafter referred to
as the "Applicant") and the Florida Department ofEuvironmeutal Protection (hereinafter
reflrred to as the "Department") have entered into an Agreement dated March 1, 2005, to
cost share the oleanup of certain coataniinatioa atthe ibrnrer Star Service Station facility
located at 1199 NW 62" Street, 1v leaf, Dade County; FDE'P Facility ID. #13B506094,
described in the Agreement;
WHEREAS, Paragraph of the Agreement provides that the Applicant and the
Department oan mutually agree to renew this Agreement for an additional period of time
not to exceed the original teem of the Agreement in order to et'ect site rehabilitation;
WHEREAS, the Applicant and the Department hole agreed to extend the Agreement an
additional 12 months and continue to cost share in their respective cost share amounts in
order to achieve cleanup of the.site. To this end, the Department finds it necessary and
desirable to extend the Agreement an additional 12 months.
THEREFORE, the Applicant and the Department agree that the Agreement has been
extended An additional 12 Months.
All other tetras and oonditions of the Agreement shall remains the same, except as
modified in this amendment,
FOR THE APPLICANT:
Title: President/Cot)
Date: 3/4/09
Name of Corporation:.
(if applicable)
Corporate Seal
1 --
FOR T.1FIl D P
Title v(! fat • '1/1"0
Date:
DEP AG'I EMiiNT NO. PAC26SS
AGREEMENT FOR PREA?PROVED ADVANCED CLEANUP
AMENDMF hIT 11 O.5
WHEREAS, Model, City Community Revitalization District Trust (hereinafter referred to
es the "Applicant") arid. the Florida Department of Environmental Protection (hereinafter
referred 10 as the "Department") 1rtment") have entered into an Agreement dated Marsh 1, 2005, to
cost Shard the Cleanup of et rtaiifettita tnh ation at'the former Star Service Station facility
located at 11 99 NW 62nd Street, Miarni, Dade County, PDEP Facility 1.D.11138506094,
described in the Agreement:
WHEREAS, Paragraph 5 of the Agreement provider that the Applicant and the
Department can mutually agree to renew this Agreement for an additional period ofri.mc
not to emeeed:tlae original terra of the Agreement in order to effect site rehabilitation;
WHEREAS. the Applicant and the Department have eveeti to esrtcrtd the Agreement ant
Mdttional 12 months and continue to cost share in their respective cost share amounts in
ordiz to achieve cleanup of the site. To this end, the Department finds itnecessnry and
desirable to extend the Agreement an additional 12 months.
T1 EF.EFORE, the Applicant and the Department agree that the Agreement has been
extended an additional 12 months.
Ali other temps and conditions of the Agreement : hull remain the share, execpt as
modified in this amendment.
FOX THE APPUC'.ANT: Pali THE D.
title: EresidentiCED
i)ttte: rakn:ust^y 18, 2010
14ame of Corporation:
M s„tr sonsunk y_ggylealizat ion Diotrict Trust
(ifttpplicable)n/}:/e Liberty City Cannunity Revitalization Trust
Corporate Seal
./ - /D
DEP AGREEMENT NO. PAC265
AGREEMENT PORPRtAPPROVED ADVANCED CLEAN UP
AMENDMENT No. 6
WEIEREAS,'Model City Community Revitalization District Trust (hereinafter referred to
as the "Applicant") and the Florida Department of Environmental Protection (hereinafter
referred toes the "Department") have entered into an Agreement dated lvlarch 1, 2005, to
cost share the Dleanup of certain contamination at the former Star Service Station facility
located at 1190 NW 62" Street, Miami, Dade County,. PDEP Facility LD. #13006094,
described in the Agreement;
WF1EREAS, Paragraph 5 of the Agreement provides that the Applicant and the
Department cmt mutually agree to renew this Agreement for an additional period of time
not to exceed the original term of the Agreement In order to effect site rehabilitation;
WHEREAS, the Applicant and the Department have agreed to extend the Agreement en
additional 12 months and continue to cost share in their respective east ehare amounts it
order to achieve cleanup of the site. To this end, the Deparment fnads it necessary and
desirable to extend the Agreement an additional 12 months.
THEREFORE, the Applicant mid the Department agree that the Agreement has been
extended an additional 12 months.
All other terms and eonditlone of the Agreement shall remain the sane, except as
modified. in this amendment.
TOR THE APPLICANT:
Title: _glvco z Pi. f C sr 4A
Date:: 3J 3 /V i ce
Name of Corporation:
(if eppllaable)
Corporate Seal
/.3*- r0
Title: Atilt G1'i 9p$S__
Date: ''?r' ..{{
DEP AGli&6M&NT NO, PAC265
AO:BEEMENi' FOR PREAPPRDV&D ADVANCED CLEANUP
AMENDISOWNO.7
WHEREAS, Model City Commtmityltev tplizadon District 71-ust (hereinafter referred to
as the "Applicant") and the .Florida Department ofEnvironmenta1 Pco':action (hereinafter
yzferred to as the "Department") have entered into an Agreement dated March I, 2005, to
cat share the cleanftp of certain contamination at the forma Star Service Station fatality
located at 1299 NW 62°1 Street, .Miami, Dade County, PM Facllity1D. 0138506094,
described in the Agreement;
WHEREAS, Paragraph 5 of the Agneome t provides that the Applicant and the
Dvpertm«it can mutually agree to renew this Agreement fox an additional period of time
not to exceed the original team of the Agreement in order to effect site rehabilitation;
WTERE,AS,the Applicant and the Departs:tenth= agreed to extend the.Agreeiaent en
additional 12 months and continue to cost share in their respective cost dhard amounts in
order to achieve cleanup of the site, IV -this and, tbeDeirartnent finds it necessary and
desirable to eedend the Agreement an additional 12 months,
THEREFORE, the Applicant and the Del: trtmcnt egret that the Agreement has. been
txsended an additional 12 morth9.
All other teats tad conditions .of fits Agresansast shattremain lho alma, eXeeg as
modified in this amendment.
Title. AM 4 (Fa
]:late:.. r»'
Name Of Corporation:
C o >ilik
(if tgsplioable)
Corporate Seal
Pa,
110B. tElE DEPARTMENT:
Title: izato f +i, e P
Date: 1 gsLoa
EXHIBIT F
Miami Dade Department of Environmental Resource
Management Regulatory Correspondence
YOU IA1"ll IDADE.R
Carlos Alvarez,. Mayor
February 3, 2011
CERTIFIED MAIL NO, 7007 2680 0000 0621 6764
RETURN RECEIPT REQUESTED
Mr. Aman.uel .Worku, P.E.
Cherokee Enterprises, Inc.
14474 Commerce Way
Miami Lakes, FL 33016 •
CERTIFIED MAIL NO. 7007 2680 0000 0621 8771
RETURN RECEIPT REQUESTED
Ms. Marva Wiley, Presklent/C.E.O.
Model City Revitalization District Trust
4800 NW 12'h Avenue
Miami, FL 83127-2218
Subject: Deliver+ble.Revipw/Soutoiternovel Repprt,.f3RB1
Star Service Station #122.4
1199 NW 62"d Street
Mitten', Miami -Dade County
FDER Facfllty ID#' 385013094,ilJL"1/106/Pil 47-58
Discharge Date October 20, 1967 (Et3I)
Environmental Resources Management
Poilutlon Control [71vis1oi4
701 NW tat Court + 4th fluor
hrltaml, Florlda331.36.3992
T305•372.6700 F 305-372498Z
mramidadecgm•
Dear Ms. Wiley and Mr, Worku:
The Department of Envlronmeental Resources Management PERM) has reviewed the SRR
Opted January 2011 (received January 19, 2011), Submitted for this•facility. The SRR is
acceptable and demonstrates that the work outlined 1n. Work Order # 2010-13 W90933 was
satisfactorily performed; but the foflowing needs to be addressed In the next submittal:
-Based on the contaminant favels documented in MW-3Tand IOW-38 following the
irriplemeritatlon of the open trench alr sparging, the Department does not concur with the
proposal to Implement Post Active Remediatlon Monitoring. Therefore, a Remedial
• Action Flan Modification addressing the remaining crsnteminatlen shall be prepared.
Please note'thst the Department concurs with the proposed Installation Of One additional
MW-42).
Pease remernber•that pursuant to Petroleum 'Cleanup Program 1'reappreval Procedures, the
Invoice for final. deliverable for this work order must be.eubmltted within 30 days of receipt .of
this letter. Please submit a VCO to the site rnenitgerwithiri 14 daye of receipt of this letter to
install and sample MW-42. Based upon the evaluation of the analytical resitlta frorn MW-42, the
appropriate level and scope of the RAP Modification and a tlmeframe for its oompietlen will btu
determined.
Ms. Wiley and Mr. Worku
February 3, 2011
Page two
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.1f you should have eny lo'ne.abbut the review, pieato �oniactvesrfia Glark at 306-3724700
or rarty til6i*citiestl.04, pleabe contact Flo erto Rodriguez, LP site
nishager,at the sarne Mirriber:or rotirirverhatmidede,go or at The lett. rheadadcfress, •
Sinderely,
VflOEur Myorgia, P. Chief ' •
Pollution Cor.itrol.Division
VVM/vc
,•
PIDP File r' • 1,
ROlt46tO RadrIgiitOz:— DERM
kevirttellb '1.YEAlckFr ;'r
/3-06'
ur-toos SR Deily; review 2:2 2011 vo (2)
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