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Home My WebLink AboutApplication and Supporting DocumentationCity of Miaui Planning Deparhrent & Office of Zoning hitpli vtwv.nlianilgov.coniplan ing httpihvtvwmianigov.comfmning E-mail- eplanpz@nianigov.cont Planning (305) 416-1400 Zoning-. (305) 416-1495 Comprehensive Plan Application Application NOTICE This submittal needs to be schebu let bra public hearing In accordance wiHi timelines set forth in the City of Miami Cede. The appllcade decision -making body NOR review the Information at the public hearing to render a recommendation or a 1nel decision. PZ-19-4927 06/15/20 SUBMITrI'ER INFORMATION First Name: Entail: Ines Last Name: ines.nonero@hklaw.com Marrero-Priegucs PRIMARY APPLICANT INFORMATION First Name: Ines Corporation: Holland And Knight Address: 701 Mickel' Avenue Last Nana: Marrero-Priebgues City: Miami State: Florida lip: 33131 Emaik ines.rmnero@hklaw.com Phone: (305) 789-7776 PRIMARY OWNER INFORMATION First Name: Corporation: KLTC Biscayne, 1,1,C Address: 2055 US Highway 1 City: Vern Beach Email: Kelly@ktIc.us Last Name: State: Florida Zip: _3296 Phone: (772) 237-3444 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number: Goldstein Kite 690 NW 13 ST Miami 0131360370300 State: Florida • Unit Number: Zip: 33136 That under the penalty of petjtay, T declare that all the information contained in this permit application is accurate to the best of my knowledge. • That NO work or installation will corn ence prior to the issuance ofa building pemit and that all work will be perfomtd to stet the st regukuin g construction and zoning in this jutisdietion. • T will, in all respects, pet -limn] work in accordance with the scope of tlx: pent, the City ofMiami's codes and all other applicable laws, re ordinances. • That all infonmtion given will be accurate and that all work will be done in conpliance with all applicable laws regulating construction and s n ing. • That separate permits nay be required unless specifically covered with the submittal of this application. • Mat there ni:uybeadditional permitsrequired from other entities. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Penult fees are non-refundable This submittal needs to be schebu led bra public heaving In accordance wiHr timelines set forth in the City of Miami Code. The appllcade deolsion-making body will renewthe Information at the public hearing to render a recommendation or a final dada on. APPLICANT OWNER / OWNER REPRESENTATIVE First Name: n 25 Signature: Date: Last MARRERO Name: %66vE s rti First Name: Signature: Last Name: r / %( / Z40 � Date: 1 J l/j r 6/ q Holland & Knight 701 Brickell Avenue, Suite 3300 1 Miami, FL 33131 1 T 305.374.8500 1 F 305.789.7799 Holland & Knight LLP I www.hklaw.com Ines Marrero Priegues (305) 789-7776 ines.marrero@hklaw.com November 1, 2019 Via ePlan Mr. Francisco Garcia Planning Director City of Miami 444 S.W. 2nd Avenue 3rd Floor Miami, FL 33130 Re: LETTER OF INTENT FLUM Change Application / January 2020 Cycle 690 NW 13 Street Miami Dear Mr. Garcia, This submittal needs to be scheduled for a puboc hearing in accordance with timelines set forth in the City of Miami Code.The applica de decision -making bcdywlll relewihe information at the public hearing to render a recommendation or a final decision. PZ-19-4927 06/15/20 The undersigned represents KTLC Biscayne, LLC, a Florida limited liability company (Owner and/or Applicant), the owner of the property located at 690 NW 13 Street, Miami (the Property) in connection with a to change the Future Land Use Map designation of the Property from Light Industrial to Restricted Commercial. This request is accompanied by zoning change application to rezone the Property from D1 to T6-12 0 (companion PZ-19-4964). The Property consists of one parcel, located on the east side of NW 13 Street north of NW 11 Street. The Property abuts Booker T Washington High School to the west, north and south. It is identified by tax folio number 01-3136-037-0300. In total, the Property consists of 23,850 square feet (±0.54 acres). The aerial below shows the Property location. Atlanta 1 Bethesda 1 Boston 1 Chicago 1 Fort Lauderdale 1 Jacksonville 1 Lakeland 1 Los Angeles 1 Miami 1 New York Northern Virginia 1 Orlando 1 Portland 1 San Francisco 1 Tallahassee 1 Tampa 1 Washington, D.C. 1 West Palm Beach Mr. Francisco Garcia November 1, 2018 Page 2 The application requests an amendment to the Future Land Use Map ("FLUM") the Property at 690 NW 13 Street (more specifically described in the documents acc this application) from Light Industrial to Restricted Commercial. Below is a tabular su of the property, acreage, existing and proposed FLUM. Only one property is subject to this request and the application seeks the re -designation of this one property in its entirety. This submittal needs to be scheduled for a pubic hearing in ccordana whh idmatinee set forth in the City of Miami Code. The applia de decision -malting body will resiew the information at the public hearing to render a recommended on or a final decision. PZ-19-4927 06/15/20 Property Address Acreage/SF Existing FLUM Proposed FLUM 690 NW 13 Street 2.805 Acres (122,192 sf) Light Industrial Restricted Commercial The request is appropriate and consistent with the Goals, Objective and Policies of the Miami Comprehensive Neighborhood Plan. Set forth below is our analysis of the Goals, Objectives and Policies that support the Applicant's FLUM Amendment. COMPATIBILITY The requested FLUM designation is consistent with the Neighborhood Comprehensive Plan and compatible and supportive of the Goals and policies of the plan. The current Light Industrial designation of the Property is incompatible with the site's location next to Booker T. Washington High School and its location within walking distance of the Culmer MetroRail Station and across from high density multifamily residential uses. Pursuant to the Interpretation provisions of the Future Land Use Map, "[a]reas designated as `Light Industrial' allow wholesaling and distribution activities that generally serve the needs of other business; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities include retailing of second hand items, new and used vehicle sales, parking lots, garages, wholesaling, light manufacturing and assemply and other activities whose scale of operation and land use impacts are similar to those uses described above." The Property's Industrial designation is an anachronistic remnant of the area's industrial uses along a now -abandoned rail line. The Property is located in the Overtown community, where mixed use residential and commercial development is compatible and desirable. On addition, as a brownfield site, the environmental remediation and cleanup associated with the redevelopment of this site is a matter of overriding public interest and benefit. #71338734 v1 Mr. Francisco Garcia November 1, 2018 Page 3 LAND USE GOALS This submittal needs to be schebu led for a public hearing In accordance wilt timelines set forth in the City of Miami Code. The appllcade decision -making body WILL review the Information at the public hearing to render a recommendation or a final decision. Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality o City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and the growth of job opportunities in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. PZ-19-4927 06/15/20 The requested FLUM change promotes the redevelopment of a contaminated industrial site that is the vestige of the railway line that abutted the property. This site constitutes a blighted brownfield in the Overtown community, where affordable housing in the form of mixed use residential developments within walking distance of mass transit are in high demand. The existing industrial designation is incompatible with the neighborhood and the immediate location next to Booker T. Washington High School. In addition, the redevelopment of this property will not create any adverse effects to the Overtown community and, as important, will not be redeveloped at the cost of displacement of any residents. Objective LU-1.1: Ensure that land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan. Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The proposed Future Land Use Designation of Restricted Commercial will promote and encourage the development of affordable housing opportunities for the area within walking distance of mass transit with no impact on neighboring residential areas. See also, discussion of Policy LU-1.3, above. The Property's #71338734_v1 Mr. Francisco Garcia November 1, 2018 Page 4 current designation of Light Industrial is incompatible with the c Overtown community and its proximity to Booker T Washington The current Light Industrial designation is incompatible with existing re uses across the street and the immediately abutting civic/educational uses. Light Industrial uses such a second hand stores, wholesaling, auto slaes and light manufacturing and incompatible and do not promote the establishment of a walkable, livable community for this area of Overtown. This submittal needs to be schebu led for a public hearing In accordance wilt timelines set forth in the City of Miami Code. The appllcade decision -making body WILL review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4927 06/15/20 Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable are and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles and mass transit. The re -designation of the Property to Restricted Commercial will facilitate the redevelopment of a brownfield industrial site to a mix -use affordable housing project within walking distance of a MetroRail Facilities and within walking/bicycle distance to schools, health facilities and commercial facilities. Policy LU-1.1.11: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to MetroRail and Metromover stations. The Subject FLUM amendment Property is located within 0.2 miles walking distance of the Culver Metro Station. It is suitably situated for high density residential development. There will be no adverse effects on established neighborhoods since the property is surrounded by Booker T. Washington High School. Objective LU-1.2: Promote, facilitate and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial area through a variety of public, private and public private redevelopment initiatives and revitalization programs including, where appropriated, historic designations. Policy LU-1.2.2: The City's land development policies will be consistent with affordable housing objectives and policies adopted in the Housing Element of the MCNP. The redevelopment of the property from a brownfield industrial site to a remediated site developed for affordable and/or workforce housing will promote the objectives of the MCNP. Policy LU-1.2.4: The City will continue to adhere to its established policies regarding Community Redevelopment Districts and will continue to implement plans for the Omni and Southeast Overtown/Park West as Community Redevelopment Districts. #71338734_v1 Mr. Francisco Garcia November 1, 2018 Page 5 Policy LU-1.3.7: The City will continue to use the City 's E Empowerment Zone, Commercial Business Corridors and Redevelopment Area strategies to stimulate economic revitalizat encourage employment opportunities (Policy PA-3.3.10) This submittal needs to be schebu led for a public hearing In accordance wilt timelines set forth in the City of Miami Code. The appllcade decision -making body WILL review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4927 06/15/20 The application property is the subject of a Brownfield Site Rehabilitation Agreement (BSRA #139801015) wherein the Owner submitted a Remedial Action Plan to clean up and rehabilitate the Property. The environmental remediation and redevelopment of this site is of public interest due to its proximity to a public school and because it will permit the residential development of large parcel of land near existing mass transit. Goal LU-3: Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas. Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. Policy LU-3.1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. The Future Land Use Map amendment to Restricted Commercial is consistent with and promotes urban infill. The Property is uniquely located on a major multi -modal transportation area that is serviced by MetroRail. In addition, the goal of urban infill is promoted by facilitating the redevelopment of a brownfield industrial site that is incompatible with surrounding land uses. HOUSING GOALS Goal HO-1: Increase the supply of safe, affordable and sanitary housing for extremely low-, very low-, low- and moderate -income households (in accordance with the current standards and regulations of HUD and the State of Florida) and the elderly by alleviating shortages of extremely low-, very low-, low- and moderate -income housing, rehabilitating older homes, maintaining, and revitalizing residential neighborhoods in order to meet the needs of all income groups. Objective HO-1.1: Provide and/or encourage a local regulatory, investment and neighborhood environmental that will assist the private section in increasing the stock of affordable housing for all income levels, including low-, very low- , low- and moderate — income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010. #71338734_v1 Mr. Francisco Garcia November 1, 2018 Page 6 Policy HO.1.1.3: The City will continue to develop comprehensive redevelopment plans and programs that encourage private developers to rehabilitate old, residential structures and ensure that public investme coordinated with private section developments to increase the overall attractiveness of redeveloping neighborhoods. NOTICE This submittal needs to be schebu led for a public hearing In accordance wilt timelines set forth in the City of Miami Code. The appllcade decision -making body WILL review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4927 06/15/20 Policy HO-1.1.: Through the land development regulations, the City will protect existing viable neighborhoods in those areas suitable for housing and , where appropriate, enhance them in a manner compatible with their existing character. Policy HO-1.1.9: The City's land development regulations will encourage high -density residential development and redevelopment in close proximity to Metrorail and Metromover stations (See Land Use Policy LU-1.1.10 and Transportation Policy TR- 2.1.3.) The requested FLUM change of the application property will enable and assist the redevelopment of a brownfield site for the creation of affordable housing opportunities for all income levels without displacing existing residents or affecting existing communities. The proposed FLUM change will augment the affordable housing options in the Overtown community near existing transit mass transit and multi -modal transit opportunities already exist without affecting existing communities. TRANSPORTATION GOALS Goal TR-1: Maintain an effective and cost efficient traffic circulation network within the City of Miami that provides transportation for all persons and facilitates commercial activity, and which is consistent with, and furthers, neighborhood plans, supports economic development, conserves energy, and protects and enhances the natural environment. Policy TR-1.1.1: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person -Trip Methodology as set forth in Policies TR-1.1.2 and TR-1.1.3 of #71338734_v1 Mr. Francisco Garcia November 1, 2018 Page 7 the Transportation Element of the MCNP. (See Land Use Poll Policy. This submittal needs to be schebu led for a public hearing In accordance wilt timelines set forth in the City of Miami Code. The appllcade decision -making body NOR review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4927 06/15/20 The Application Property is located within walking distance from the Culver MetroRail Station. At this location, the site has access to exiting rapid transit that is connected with other modalities of public transportation. Through MetroRail connectivity, the Property is easily connected to major employment centers in the Health District and Downtown. The site is undesirable for Industrial Use, with an increase in commercial/industrial vehicle traffic along streets that serve Overtown and Booker T. Washington High School. Goal TR-2: Provide a balanced, accessible, safe and sustainable multi -modal transportation system linking highways, transit, greenways, bikeways and sidewalks into a seamless network. Objective TR-2.1: Integrate the existing and planned multi -modal transportation system with existing and future developments. Policy TR-2.1.3: The City will encourage increased density of development within walking distance of transit corridors and Metrorail Stations (cross referenced to LU-1.1.10 and HO-1.1.9) Based on the foregoing, we respectfully request your favorable review and recommendation. Sincerely, Ines Marrero riegues #71338734_v1 PZ-19-4927 FLUM Application for 690 NW 13 Street Index of Drawings A-0 Index of Drawings V-1 Survey This submittal needs to be scheduled for a pubic hearing in ccordance whh idmatinee set forth in the City of Miami Code. The appli®de decision -malting bodywill resiew the information at the public hearing to render a recommended on or a final decision. PZ-19-4927 06/15/20 #71399754_v2 IN RE: BEFORE MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Former Biscayne Chemical Site 690 NW 13th Street, Miami, FL 33136-2337 Miami Brownfield Area Brownfield Area Identification Number BF139801000 Brownfield Site Identification Number BF139801015 DERM Case Number: IW5-47451File-4393 ASSIGNMENT AND ASSUMPTION AGREEMENT OF BROWNFIELD SITE REHABILITATION AGREEMENT On October 23, 2019, KTLC Biscayne, LLC, a Florida limited liability company, having an address at 2055 US Highway 1, Vero Beach, FL 32960 agreed to assume responsibility for the Brownfield Site Rehabilitation Agreement ("BSRA") from Rumasa Corp., a Florida corporation, having an address at 555 NE 15th Street, Suite 100, Miami, FL 33132. WHEREAS, the real property legally described in Exhibit "A" to this Agreement (the "Property") is subject to a BSRA, as identified on Exhibit "B" to this Agreement, in accordance with Section 376.80(5), Florida Statutes; and WHEREAS, on October 23, 2019, KTLC Biscayne became the Person Responsible for Brownfield Site Rehabilitation ("PRFBSR") of the BSRA and assumed the obligations of the PRFBSR arising under the BSRA; and WHEREAS, this assumption of the BSRA by KTLC Biscayne, LLC has been approved by Miami -Dade County ("MDC"), Florida, per paragraph 18 of Exhibit "B: to this Agreement by and through its Miami -Dade Division of Environmental Resources Management as evidenced herein; and WHEREAS, the City of Miami does not object to this assumption of the BSRA by KTLC Biscayne, LLC, as evidenced in Exhibit "C" to this agreement; and NOW, THEREFORE, in the consideration of the mutual covenants and conditions contained herein and in the BSRA applicable to the Property, the parties hereto, intending to be legally bound hereby, covenant and agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Pursuant to this Agreement, KTLC Biscayne, LLC has rights, title, and interest in the BSRA as the PRFBSR. (00033127DOCX. 2 } Former Biscayne Chemical Site Brownfield Site ID No. BF139801015 Page2of6 3. Pursuant to this Agreement, KTLC Biscayne, LLC assumes all of the obligations of the PRFBSR under the BSRA, specifically including but not limited to conducting site rehabilitation and submitting technical reports, obtaining any local, state, and federal permits required for site rehabilitation work, allowing Florida Department of Environmental Protection and MDC Departments access to the site, and conducting site rehabilitation under the observation of professional engineers or professional geologists. Attached hereto respectively as Exhibits "D" — "F" are an updated Site Access Agreement, Contractor Form, and Quality Assurance Certificates. 4. Based on the assignment and assumption, Rumasa Corp. is released from any and all obligations under the BSRA. IN WITNESS WHEREOF, this Agreement has been duly executed and is effective as of the date of the execution of the final required signatory. WITNESSES: RUMASA,CORP., a Florida corporation Man Print Name: Francisco Martinez-Celeiro Print Title: President DATE OF ACCEPTANCE AND EXECUTION: '°/3' J' ? cc: SED permittinc0floridadep.gov Sandra Rezola, Brownfields Coordinator, RER-DERM Vivian A. Jaime, Esq., Counsel for Rumasa Corp. Michael R. Goldstein, Esq., Environmental Counsel for KTLC Biscayne, LLC {00033291.DOCX. 1 } Former Biscayne Chemical Site Brownfield Site ID No. BF139801015 Page 3 of„46 WITNESSES: Print Name: C /-1111- L/ {00033127.DOCX. 2 } KTLC BISCAYNE, LLC, a Florida limited liability company By: KITE TAX LIEN CAPITAL, LLC, Florida limited liability company By: Print Name: Print Title: Kelly P. Kite, Jr. Manager 2055 U.S. Highway 1 Vero Beach, FL 32960 DATE OF ACCEPTANCE AND EXECUTION: /673‘171 Former Biscayne Chemical Site Brownfield Site ID No. BF139801015 Page 4 of 6 MIAMI-DADE COUNTY By: c.- Jack Osterholt Deputy Mayor Date: f /[7 J/ AppQvead as to form and legality: MDC Assistan ever trAA (Print MDC Assistt County Attorney's Name) FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52 Florida Stet wi trthe designated RER Clerk, receipt of wereby acknowledged. Clerk (or Deputy Clerk) Date: {00033127.DOCX. 2 } Victoria Mendez City Attorney Former Biscayne Chemical Site Brownfield Site ID No. BF139801015 Page 5 of 6 CONSENT The undersigned City of Miami hereby consents to this Assignment and Assumption Agreement. WITNES 0` Print Name: coo CITY OF MIAMI By: r- Print Name: •Mituo l • C 6IJ;sL.f Pri• Na u • Title: C � u(4 u14crL Approved as to legal form and correctness: I 1g-1gg3 Date: > > z1 1-umi The undersigned Miami -Dade County Division of Environmental Resources Management hereby consents to this Assignment and Assumption Agreement. WITNESSES: agw. Prin Na'�� 4 nn �I: me 'lal (00033127.DOCX. 2 } DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT 701 NW 15t Court, Miami, FL 33136 By: Print Name: W11hur Ma yor ra Title: Chwf 1=MRD, 1E(DEI2'4 Date: I ! /1119 EXHIBITS (00033127.DOCX. 2 } Page 6 of 6 Exhibit A (00011414.DOCX. 1 1 Legal Description Tract "A": Begin at the Northwest corner of SEVENTH AVENUE COMMERCIAL SUBDIVISION, according to Plat thereof, recorded in Plat Book 39, Page 24, of the Public Records of Miami -Dade County, Florida, and run North along the east boundary fine of Northwest 7th Avenue, Miami, Florida, as now situated, a distance of 411.93 feet to the Point of Beginning of the tract of land herein described; thence run East a distance of 100 feet parallel to the South line of Northwest 13th Street, Miami, Florida, as now situated, to a point; thence run North a distance of 100 feet parallel to the East boundary line of Northwest 7th Avenue, Miami, Florida, as now situated, to the South line of Northwest 13th Street, Miami, Florida, as now situated; thence run West a distance of 100 feet along the South line of Northwest 13th Street, Miami, Florida, as now situated, to a point; thence South along the East line of Northwest 7th Avenue, Miami, Florida, as now situated, to the Point of Beginning; lying and being in Miami -Dade County, Florida. Tract "B": Begin at the Northwest corner of SEVENTH AVENUE COMMERCIAL SUBDIVISION, according to Plat thereof, recorded In Plat Book 39, Page 24, of the Public Records of Miami -Dade County, Florida, and run North along the East boundary of Northwest 7th Avenue, Miami, Florida, as now situated, a distance of 211.93 feet to the Point of Beginning of the tract of land herein described; thence run East, a distance of 100 feet parallel to the South line of Northwest 13th Street, Miami, Florida, as now situated to a point; thence run North a distance of 200 feet parallel to the East boundary line of Northwest 7th Avenue, Miami, Florida, as now situated; thence run West a distance of 100 feet parallel to the South line of Northwest 11th Street, Miami, Florida, as now situated, said point being the East boundary line of Northwest 7th Avenue, Miami, Florida, as now situated; thence run South 200 feet along the East boundary line of Northwest 7th Avenue, Miami, Florida, as now situated, to the Point of Beginning; lying and being in Miami -Dade County, Florida. Tract "C": Begin at the Northwest corner of Lot "K" of SEVENTH AVENUE COMMERCIAL SUBDIVISION, according to Plat thereof, recorded in Plat Book 39, Page 24, of the Public Records of Miami -Dade County, Florida, and run North along the East boundary line of Northwest 7th Avenue, Miami, Florida, a distance of 211.93 feet to a point, and thence run East parallel to the South line of Northwest 13th Street, Miami, Florida, a distance of 100 feet to the Point of Beginning of the tract of land hereinafter described thence continue East parallel to the South line of Northwest 13th Street aforesaid to the West boundary line of the right-of-way of the Seaboard All Florida Railroad; thence Northwesterly along the Westerly boundary line of the right-of-way of the Seaboard All Florida Railroad to a concrete monument (said monument being 204.37 feet South of the South line of Northwest 13th Street aforesaid); thence run North along the West boundary line of said right- of-way of Seaboard All Florida Railroad a distance of 204.37 feet to the South line of Northwest 13th Street aforesaid; thence run West along the South boundary line of Northwest 13th Street aforesaid a distance of 127.54 feet; thence run South a distance of 300 feet to the Point of Beginning; lying and being in Miami -Dade County, Florida. Tract "D": For the Point of Beginning commence 10 feet North of the Northwest corner of Lot "K", of SEVENTH AVENUE COMMERCIAL SUBDIVISION, according to the Plat thereof, recorded In plat Book 39, Page 24, of the Public Records of Miami -Dade County, Florida; thence run North along the East boundary line of Northwest 7th Avenue, Miami, Florida, as now situated, a distance of 201.93 feet; thence run East parallel with the South line of Northwest 13th Street, Miami, Florida, as now situated, to the West boundary line of the right-of-way of' the Seaboard All Florida Railroad as now situated; thence run Southeasterly along the Westerly boundary line of the right-of-way of the Seaboard All Florida Railroad as now situated, to a point due East of the Point of Beginning; thence run West parallel with the South line of Northwest 13th Street, Miami, Florida, as now situated, to the Point of Beginning; lying and being In Miaml-Dade County, Florida. {00033149.DOCX. 1 } Exhibit B (00011414.DOCX. 1 } BEFORE MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA IN RE: Rumasa Corp, Former Biscayne Chemical Site 690 NW 13th Street, Miami, FL 33136-2337 Miami Brownfield Area Brownfield Area Identification Number BF139801000 Brownfield Site Identification Number BF139801015 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5), Florida Statutes (F.S.) WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public health and environmental hazards on existing commercial and industrial sites by offering incentives to encourage responsible persons to voluntarily develop and implement cleanup plans; and WHEREAS, Miami -Dade County ("MDC") has been delegated the authority to administer the Florida Brownfields Program on behalf of the State of Florida's Department of Environmental Protection ("Department") and administer and enforce the provisions of Chapters 403 and 376, F.S., and the rules promulgated thereunder, Chapters 62-777 and 62-780, Florida Administrative Code (F.A.C.), as amended; and WHEREAS, MDC has jurisdiction over the matters addressed in this Brownfield Site Rehabilitation Agreement ("BSRA"); and WHEREAS, the Department and MDC, through its delegation have the authority, pursuant to §376,81, F.S., to establish by rule, criteria for determining the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed complete; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This BSRA is entered into between MDC and Rumasa Corp., hereinafter the Person Responsible For Brownfield Site Rehabilitation ("PRFBSR") (collectively referred to as the "parties"), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to §376.80(5), F.S. MDC and the PRFBSR agree to the following: (00023929.DOCX. I ) Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 1. MDC The Department of Regulatory and Economic Resources (RER) is the agency of MDC with authority and power to enforce the provisions of Chapters 376 and 403, F.S. 2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION Rumasa Corp. is the PRFBSR as defined in §376.79(13), F.S,, for the real property described in the map and legal description in Attachment A (the "Brownfield Site"), incorporated herein, that has been designated by the Miami City Commission in Resolution Number 98-242, approved on March 10, 1998, and expanded in Resolution Number 99-197, approved on March 23, 1999, as a brownfleld area as defined in §376.79(4), F.S. Attachment A is a composite exhibit that includes; (a) the legal description and map of the Brownfield Site; and (b) the Miami -Dade County resolution with all attachments including the map of the designated brownfleld area. The brownfleld site consists of 2.63 acres. 3. PRFBSR`S DUTIES The PRFBSR agrees: (a) to conduct "site rehabilitation" of any "contaminated site(s)" as defined in §376.79, F,S., whose source originates on the real property described in Attachment A as the Brownfield site. If such contaminated site(s) extend(s) beyond the boundary of the Brownfield site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site; (b) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; (0) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws, rules and applicable ordinances of MDC and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify (00023929,DOCX. 1 } Page 2 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 (d) (e) (f) (8 ) that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by MDC; to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62-780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; to allow access by MDC during the entire site rehabilitation process, as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Brownfield Site before site rehabilitation is complete, the PRFBSR shall notify MDC within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Brownfield Site or with any party with a real property interest in the Brownfield Site after the effective date of this agreement, granting such access to MDC and the Department; to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact RER's Division of Environmental Resources Management or the Department's Pollution Prevention (P2)/Waste Reduction Program at (850) 245-8707 or visit the P2 web site at http://www.dep.state.fl.uslpollutionprevention/aboutus.htm for recommendations on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials; and (00023929.00CX. 1 } Page3ofL4 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 (h) that upon the execution of this BSRA the terms and conditions of the Consent Order with RER executed on April 9, 2005, only as it pertains to corrective actions on the contaminated site originating on the real property as described In Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of this BSRA. In the event MDC determines that PRFBSR is not in compliance with the terms and conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Consent Order shall return in full force and effect. 4. CERTIFICATION The PRFBSR certifies that he/she has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfleld site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation that supports this certification is provided as Attachment D. 5. SITE CONTRACTOR The PRFBSR must ensure that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of § 489.113(9), F.S., has provided certification to MDC that the contractor meets the requirements listed below. If the identity of the contractor is known at the time of the execution of this BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be submitted as Attachment E to this BSRA. If the contractor has not yet been determined, the PRFBSR shall ensure that the CCF is submitted to the RER Brownfield Coordinator and approved by MDC before the contractor begins performing any site rehabilitation tasks at the site. The PRFBSR must submit to MDC documentation as Attachment F, which shows a National Environmental Laboratory Accreditation Program ("NELAP")-recognized authority has accredited the laboratory(s) that will perform the analyses required by this agreement. Any contractor that performs site rehabilitation tasks at a contaminated site originating on the real property as described in Attachment A shall provide documentation in accordance with the provisions of the paragraph above and with Attachments E and F, if applicable, showing that any contractor that performs site rehabilitation tasks: {00023929.DOCX, 1 } Page 4 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 (a) meets all certification and license requirements imposed by law; and (b) performs, or has laboratory analyses performed, pursuant to NELAP certification requirements and performs, or has field sampling work performed, in accordance with the Standard Operating Procedures provided in Chapter 62-160, F.A.C., as amended, if applicable to performance of site rehabilitation tasks. 6. CONTINUOUS COMPLIANCE During the entire site rehabilitation process, the PRFBSR agrees to ensure that the contractor continues to comply with the requirements of Paragraph 5 of this BSRA pursuant to the requirements of §376.80(6), F.S. 7, VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with Section 376.30781, F.S., only costs incurred and paid by the applicant that are either integral, necessary and required for site rehabilitation or for solid waste removal, are eligible for the VCTC. Contamination assessment or remediation paid for by the State of Florida for a discharge that is eligible for a state -funded cleanup under the Dry -Cleaning Solvent Contamination Program or one of the Petroleum Restoration Program's eligibility programs, may not be used to calculate a tax credit. "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. "Solid waste removal" means removal of solid waste from the land surface or excavation of solid waste from below the land surface and removal of the solid waste from the brownfield site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http://www.dep.state.fl.us/waste/categories/vctc/default.htm. For specific questions regarding the VCTC Program, please contact the Department's Waste Cleanup Program at (850) 245-8927. 8. ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of §376.80(4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and {00023929.DOCX. '1 } Page 5 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 environmental justice. The advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. However, if an appropriate local advisory committee already exists, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. The PRFBSR shall provide the advisory committee a copy of the final proposed draft BSRA and a copy of the executed BSRA. When the PRFBSR submits a site assessment report or the technical document containing the proposed course of action following site assessment to MDC for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. The names, addresses, contact numbers, and applicable affiliation for each advisory committee member is included as Attachment G. 9. INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify MDC and the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the Toss or damage to any property resulting from the use, service, operation or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10. LIABILITY PROTECTION The liability protection provided under §376.82, F.S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 11. TERMINATION If the PRFBSR fails to comply with this BSRA, MDC shall notify the PRFBSR and allow 90 days for the PRFBSR to return to compliance with the provision at issue or to negotiate a modification to the BSRA with MDC for good cause shown. If an imminent hazard exists the 90-day grace period shall not apply. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, MDC shall terminate this BSRA. The PRFBSR may terminate this BSRA at any time upon written notice to MDC. {00023929.DOCX. 1 Page6ofI4 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 Termination of this BSRA by either party will revoke the immunity provision of §376.82, F.S. Upon termination of this BSRA, the Consent Order with RER executed on April 9, 2005, will return immediately to full force and effect. 12. IMMINENT HAZARD Nothing herein shall be construed to limit the authority of MDC to undertake any action in response to, or to recover the costs of responding to, conditions at or from the real property described In Attachment A that require MDC to take action to abate an imminent hazard to the public health, welfare or the environment. 13. RELEASE OF LIABILITY Upon successful completion of this BSRA as evidenced by the issuance of a Site Rehabilitation Completion Order (SRCO) for each contaminated site originating from the real property described in Attachment A, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for site rehabilitation as described in paragraph 3.a. of this BSRA to MDC and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site(s). MDC will release the Respondent to the Consent Order with RER executed on April 9, 2005, and his or her successors and assigns, from its corrective action obligations pursuant to the Consent Order for the real property covered by this BSRA upon issuance of the Brownfields Site Rehabilitation Completion Order issued pursuant to this BSRA. This release of liability is subject to the reopener provisions of §376.82(3), F.S. 14. GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any applicable local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Miami -Dade County, Florida. 15. SUBMITTALS The PRFBSR shall submit one hard (paper) copy or one electronic (digital) copy of any certifications or documentation required in Paragraph 6 ("Site Contractor") {00023929.DOCX. 1 } Page 7of14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: Wilbur Mayorga Chief, Environmental Monitoring & Restoration Division MDC Department of Regulatory and Economic Resources 701 NW 1st Court, 4th Floor Miami, Florida 33136 MDC encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 8 of the Instructions and attached as Attachment H. Time frames for MDC's review of technical reports and plans and submittal of documents by the PRFBSR shall be governed by the attached schedule (see Attachment B), incorporated herein. After final MDC approval of each report or plan, an electronic copy shall be submitted to MDC within 30 days. The electronic copy of the report shall be submitted in the format listed in Attachment H, 16. DOCUMENT REVIEW During the site rehabilitation process, if MDC fails to complete the review of a technical document within the time frame specified in this BSRA, with the exceptions of "no further action proposals," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. However, the PRFBSR does so at its own risk and may be required by MDC to complete additional work on a previous task. 17. FEES MDC may charge and retain applicable fees for use in supporting the administration of the Brownfields Program. Any such fees shall be charged in accordance with the current fee schedule that has been reviewed and approved by the Board of County Commissioners, Nothing in this provision shall preclude MDC from charging and collecting administrative fees, investigative costs, or other costs incurred by MDC resulting from performing enforcement and compliance functions. Nothing in this Agreement shall prohibit MDC from seeking penalties, damages, costs, or attorney fees as provided by law or ordinance. All civil penalties and damages recovered by MDC shall be deposited in a separate county fund which shall be used as set forth In Section 24-31, of the Code of Miami -Dade County, Florida. 18. ASSIGNMENT (00023929.DOCX. 1 } Page 8of14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of MDC and the local government with jurisdiction over the real property described in Attachment A. However, MDC shall not withhold its consent to such an assignment if: (a) the proposed assignee meets all of the eligibility criteria under §376.82, F.S.; (b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. 19. WAIVER By entering Into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by §120.569 and §120.57, F.S., or an appeal afforded by the terms of §120.68, F.S. This BSRA does not deny the PRFBSR a right to challenge MDC's actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter, 20. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA (Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is filed under §§120.569 and 120.57, F.S., within 21 days after the date of receipt of notice of agency action. Upon the timely filing of such petition, this BSRA will not be effective until further order of MDC. The liability protection for the PRFBSR pursuant to §376.82(2), F,S., becomes effective upon execution of the Brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. Persons other than the PRFBSR who are affected by this BSRA have the following options: (a) If you choose to accept MDC's decision regarding this BSRA, you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. (b) If you choose to challenge MDC's decision, you may do the following: (i) File a request for an extension of time to file a petition for hearing with the office of the Director of MDC RER at 701 NW 'PICT, 4th {00023929.DOCX, 1 1 Page 9 of 14 Rumasa Corp, Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 Floor, Miami, Florida 33136 within 21 days of receipt of this BSRA; such a request should be made if you wish to meet with MDC in an attempt to informally resolve any disputes without first filing a petition for hearing. Or (ii) File a petition for administrative hearing with the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to §120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., MDC may grant a request for an extension of time to file a petition for hearing. Such a request shall be filed with (received by) the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made. How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding (hearing) under §§120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S. Pursuant to §120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information: 1. The name, address, any email address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the PRFBSR's name and address; the Department's Brownfield Area and Brownfield Site Identification (Oo023929.DOCx. 1 } Page 10 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 Numbers; and the name and address of the Brownfield Site; the name and address of each agency affected; 2. A statement of when and how each petitioner received notice of MDC's action or proposed action; 3. An explanation of how each petitioner's substantial interests are or will be affected by MDC's action or proposed action; 4, A statement of the disputed issues of material fact, or a statement that there are no disputed facts; 5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of MDC's action or proposed action; 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of MDC's action or proposed action, including an explanation of how the alleged facts relate to the specific rules of statutes; and 7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes MDC to take with respect to MDC's action or proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that MDC's final action may be different from the position taken by it in this BSRA. Persons whose substantial interests will be affected by any such final decision of MDC have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. 21. JUDICIAL REVIEW Except for the PRFBSR, any party has the right to seek judicial review of this BSRA under §120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed with the clerk of RER (see below). {00023929.DOCX. 1 } Page 11 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 22. CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, MDC's review of the BSRA, or technical questions should be directed to MDC's Brownfields Coordinator at: Miami -Dade County Department of Regulatory and Economic Resources 701 NW 16t Court, 4th Floor (305) 372-6700 or to the PRFBSR's representative at: Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm, P.A. 2100 Ponce de Leon Boulevard, Suite 710 Coral Gables, FL 33131 (305) 777-1682 Questions regarding legal issues should be referred to MDC's County Attorney's Office at 305-375-5151. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. 23. ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. {00023929.DOCX, 1 } REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 12 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Jack Osterholt, MDC Deputy Mayor, or his designee, and Rumasa Corp., the Person Responsible for Brownfield Site Rehabilitation, signing by and through Francisco Martinez-Celeiro, duly authorized to execute same. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION By: (PRFBSR AuttriorIzed Signatory) Francisco Martinez-Celeiro, President) Date: p31241/2oi .a 5.5 NE /5 -41 S,fre el i` i o (Address) M(O rrf ! 1: ; 31-3 2 (City, State, Zip Code) 305- s7/- 5050 (Telephone) MIAMI-DADE COUNTY By: Deputy I Y9CL,1r;ICCE L. K 'MP rvlIAM1 c,\ L CTY. FL Date: Approved as to form and legality: MDC slstanttyAttorne (Print MDC Assist nt County Attorney's Name) FILING AND ACKNOWLEDGMENT-EL-RD. on this date, pursuant to §120.52 Florida Stpitit 67with the designated RER Clerk, receipt of wh ph1 herebb act nowledged. Clerk (or Deputy Cler ) 2-- 7/1:1 Date: cc: Carrie L. Kruchell, P.G., Environmental Manager, FDEP, carrie,Lkruchell(a.dep,state.fl.us. Diane Pupa, Program Administrator, FDEP, diane.pupa aC�.deo.state.fl.us Paul Alan Wierzbicki, Professional Geologist ill, FDEP, pawl.wierzbickita'�.dep.state.fl.us Sandra Rezola, Brownflelds Coordinator, RER Michael R. Goldstein, Esq., Environmental Counsel to Rumasa Corp. {00023929.D0CX. 1 } Page 13 or 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 List of Attachments Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Certification of Redevelopment Agreement Attachment E Contractor Certification Form Attachment F Quality Assurance Certificate Attachment G Advisory Committee Members Attachment H Format for Submittal of Technical Documents {00023920.DOCX. 1 } Page 14 of 14 Attachment A (00002344,00C}4.1 } F.K11[fTT tt A u 100 at sus staves/ matta: #bvs3t1.a atter t101e(4rt0 book131, at,Vasa 24, at s1,i 1 41ta 4444 d+Ror 4114 iod 44 , Soak 34. l /Dar tad Ar Yealts.a3ait Oa 1Oat0. 0uwltiy 1Lat at 310 via Tkt, Arnaud, N1.anla IldCi au Lot, altaata a txet* of 411.11 Ilan to t 0 tot at b4iaaiwv at Oa tract of lard hdtein 10010adt 000 sve Slat, a Aistarae at 140 trot patella!,. 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C Mt.017144CN, ataardi.y, to pi■t tlsxsa» t,•aecrlfd ialplat look J1, ?iv/alai of tie volt* 40earda 4L Oast • Cn *1., ►iar1da, and •lW, 3l.Y.t1. alani T Oa faah 2,604 ties otjjtortsvaaa 7*h Avaauo, ri4stnl. ►14r13a. a di.aolea a 214.33 14ea.0 a Paine, aaa tbs4es teat Ya3t pua134 CO 01 teeth 110'0 1ottivea4 17rt 1ravarr t,r#, T1at446, a.adia.4*4*44 40 104 /sat Oa the "474 0t 011010 at the exact.oa laa4 hsra- 44d04r d44o*4340*1000 C** a Last para1141 to t3a /.iota Liar o1'14,-cheese 110 Stssat'a/swell %a..ti• Vent 3*41*407 !sae ai tiaa rafts.at.34?.a.! .W .0404 d 414 delart to •tw 3aaa41 t3ear-e Vartiaaeataalr a4aa4 she /ties.:..•*.� 1,91da.-T 110 of t3a ataht-of Way at the Lsst0004 4h14�. 0144 marote, to a 04144444 twntata.t iaald oodoowat 31tLr4 14(.33 .oat 1auth et .tea y�oocata.3in4 at 37ort*ulu kith 140 40 6Zaruaiblppp Zvi 4tatsh, Wang Oa oast batadatI uao of sold ri:ut-a nits at3ea1otxd 71ik. flotUa Miitaad it elitism of 24 .37 t*O4 to ,Vt /sat;, llas aia*rl Laaed4vait 4? 411a 70 61 tes'S t 1.3 a uts 414,0.ht Rwaa3 the atstaa atOrwhid a elitists ofyln3l4T,3i riot *Jpawa tot feud' }4}a'1atai iA 4.10nleabad. Cawity.4 fiarL4 a300044414 dt.• xny a',d .43prouasants located thsr Fop t,4r paint Ob b0041e` a&inatta 10 fu% Yards as Asa 3loethveat COCadY at 44L 'l1', at 1-44221fl 477041 a104241- %. tt1O14413CO3 400404 to th.pt*o 0001 reaatdad 0 210 0014133. Vaal 21. at Oa 101143 &users at Dada tooth 714r , shwas can Yor*1t areal tit auk t4444a4q, lie et 1.444tiJaaua 10. Manua, 31aa1, fl4Cld., at net alaa0044, • llatnaas of 101.13'Laati 41111144,4444:44s14441.141.4rith.ths. Sarah llhs df 11Ort3Nass 170 trot+./. tl'.11L, 710110, as ace aitustad, ea t.4t 1fw1 based:ry Llna of sea right-O-vay,44 aka Sestsq d Ail 4404144 3ail:ud as awStusptat. t.4aeas rvn Sanabtotaxly 444*4 Oa vaterty taatdaty Las l of the edit/-at.oay of t.4a.1110e041.11 0.014a 014444 as sae 00a04 to a Doha dda Sot lag tie sass at 3.411:444X,Cs t44d44 rat V444 para1141 vlth .Ae foal! &144 of Natka Paso 11t4 .i'tt r Fl4411/ :04 Wag:i/3a MYaw�facidi�.do0r414, 3'lors4a. al.t+rgi,+a!api ly y • '400 na3; t a forth r la* cocoa, Co9i ,t. Br SCALES: 1: 120 VI' P31 VIRONIIRNTAL FROPP.RTY AVORS.1NC. u WliuAT11W10.SLIIt Wl Ywµri11111 PUaSI0i11 YMMDAWRS.CWI UMW _ftllhf.A COM ITR[15YNM''Li) Sum FOLIO NO.: 01.1136 O37.6700 PROTECT: 4185181 RUMSA CORP, 696 NW I3TH STREI T MIAMI, FL 13116 FTOOTIIS: RUMSA CORP, BSRA SITE MAP SI[116TTITLIL PAIR 3IIII D➢AW/t Ott 0RW 517A ANso: [Sl%13'I 6CAl& MSIIOI514 17,9.9.'183 2:(xz'g9 :RI S trrj.4K .$ A -1P,00141 401.' 'Ole; WIT! 41t4 l+1ttN1, _ INCI,{iDS:.;..': AKt17i 174 REDThV$LQPNENT ,', P¢'TEN"Y'Y;AL 10.1 o Nv RQN r T,X tOrf- , ii. A'SrA004.Ay o TIW. BQVNP3 ti11S Q.IF: 117MIN1"S ? 0tV0:. • IJ,LUSTRAT2D .. QN' rzT.. FFliTRBtS,. the provided .in.:.Sgoti,Qnq 7773:76.84.,,0,34.5o4 '9,CttLut s3 ' .(` }ie.; Wo,.) 3e . 1.ede4,7,Qryent Act , for' ..I:he deaignati.on►'• bby.' .g01,1u.tion, :of dont :guacuE. areas consisting of '.ore :or:'more !'bre3.7 4.eid"0 sites:. ':.Go .be ;•known • Os. browx?fie1d0.. i a:i ':arid; .:for. :t}ii±. pri yisi`on of `Qav :zoriiuental. rernedia tion,,hab ..itaU'on ,'and'. oaianom•i•o .dtrvolop �t _ of :.:atx h i eaa.r :at 4, :.ti+iF3 1t33AS:,' In'ow i� 1da .. ;. onu in. abandoned ..:i uecl, dr and ruagc�: n dnu tr a3.:414 co0311;i#040- cJ az i whe a 0 jbn:' .kr redovelopmen<t s:: campli.c7at©d;`1V.:..re ..:ox. pc rotsivad erivJ.xcinni'entai aorma iinationr and wITWist 1G.14 .P:1:oz rid , ; ritttYe .,recoji144,e0'.14t:: t: u TJ,n ,t:ed Stain p: i.to.y4 onjjont'a1 .;Hrntection 4*,0 oy Nei',.;c oa of .:ee it ' . -pilot prajatta cit redrve .oprnent. of . t.rowzs4ie 4., ;argaa.... to. : gather::. and GoolicTiO dev4pOrtier#, :41..*0404,e1.0.a Area contains • :or :p*)$?!...::o.t 44g01;. recreatiOna)open apaoers,• .:prjantorical preeervation purposeav NOW IT:gpsOLvp_ny TBR 010110Tpm.pp.14s:-.crry O1 MXAMX, TIJOgIpAi . . „ . . , . . . . . . . ... . - • . - . - - • — ' • • •• •'''• " ' • SeP0.0ii•::4-, 711.0 :*t-041.g -.P•Pd.:::•:f4-0di40*• •PPX:ttA*0e4... in. the Pree.*le., -.:f;i.•'0#.10: .40PC4/1414591.•:.::.4..9.:. ;-,;1z9,*.,!*:()9P4kl4: „.* "ret#zan50 .. • . • . . .•• ••••.. .•• .• • • • • • .. . - ..• .• , . • •.• • : . • • • - •••••.•.•..... —... •.. ••.• •---,... thereto. aid •inCOrpOrijai1.li•::0;;iii:n‘91 ':.14 .iti411'-:.e,'••iC1.il'i11 :04 Section:: • . . . . . . . ' • . • SeOtion 2. .The - City :::cP4440-10siA 40P.r6Nr.60 to : a arXtina1 inclucttng the ftPowement, Zone and adiacent'areast 0.3 illugtrated cpnribchibitA, atta0h4terato:40::Oadeirt);100 section 3. The'rclquq".144 aau depicted on he4td4Ad Ibth-1134 .4041.440an 4. :..riltPx110440.. .S.r•f*oi . . . . . • • : • .StatuLee" • sec 1_9r CityndcCiBioh to expand afld 49;4 to intorriffit Lon :an, be$G. ;:_ways:., G.a. xet:urrt •.oid..'inaustrial and commercial a3Gas.. :•La:.:: atr�ductiu . :uae...' n , ;:$ kutCt: r>nra rPexe redevtloprenk'. i . o ai cat ed : i ' 000z t ad. :eiiv zortin i?t crQnt itlii ti is cant' :and;.' .,':,• *gin*, :.T'he. ;.City tio./41fa(ed'{ 81k.7: a :.. rownftelda Pilot project .purauatit .. o...khe.. nvironi alllta 1 rttteoti.otx :.60e00y (IPA) lrownPia, a Iuitfet ve.t;:and. WHEREAS' ',pursuant to.:Raao1ut .tin:. io;,. &� 42'., `adopt a March 10, 19913, 0.1e CLty C 1?�til slat .. d. s ted, a ota de, ..aria . r ramadiait'i.ont. and °Leh i1itutiort •Ni.hich W ttvood, arncd.. certain : sicea . within:: Overtow n:`..and: 7 11apsttah :and ii n8. nswetT9gilt 444.0..aiid two adjacent: areas ':.view : dk�n ig3i d '; or: ': nnc1uB3on :.viit:rt3:a .tiff• • browt'i. ie1dn .tirea,r'.:and.. =expani :.tkie','b aund i:ee :::a '; ;the • or gi nal , birowt a i3� .`:icx a to : ittcluda:. trlae o' a slt qs and Hari fy L1 a .. lox' .•da 5epartititiit o nviroi ineitta3. pr!QLeat:io i• oi- 5uCI1i "and' WlFR- A:$,•.:.the. Li.ty iof....$4 lha!a :.a&Iitivitaa iy: ,:s:ari�ider'ed' the ciri't ria :stet LorL''it,.lq.Saay {a)1 4, 1? c iti : S atuGc3e.,, to:wit t t1 ? .yriiet h the ropo ed, wn� olds rev..ised.. d iiluatIaGG+l 'oi .Thch1J jt, -]► :.atta k�ed,.',':b a eta, viairx$ ks, `:ecattorri c. dcvalopnient ariii: ice.'.. ►., reaeonab1s...pota4.*.a ::fir `ducks •.0 .•iv tier3., witeihexr: ;the: brownf iel.ds. ,area t ep eea t a ; e atsr�ably fiouu6ed • • approach. and is .not overly Iarge in Sec apl i cctvaragei (3i Whether they '.b 'ownields.:::a 'aA .tree ,potiantia1 to iiite ast the: eeotax„ ri :liaxk .eipal:4.rig r1 1 u1e iaUon;, rehabi.1ita0.On private d014400 Oct 4P4.1.0;71S01, 141110 000 00J00a0t—arsaar as iiluStrated on the attached iochihit.A4 sa00.00 5 thi.n *P.0.0400 0404 J*0(40: .0g*,0C4.14Ve itnina44-4.011Y 400: .4:q0 •'0.44•940.:?t.a:: :� March • AMST : WLT$J J. POEMM APPRio:TO ,00!7 'ATINICOOOY 249 ttSK -• , •a(co Clitotit,Or -MAYOR 0.06k:Iftd430Prirtivd•oi by ;i5j6'r1n6 '1,410.1?(006d,: sild ingisia6n nivt ticin attlo,ri Wi1k104)•60 Meer' • .fr:oowtofiuo:6-- • iiirn01f$91.1.0 • . . . „ . . . . .1f Opyur due nt ugn 01* t/i9 LflI o tan • Osae.r;‘)Ar '1Ct411.- tOkOr.• 00Ro,1ntLoi,L h11 kuon icv, irimoditG1yupoz avirid of VnID by he City-'..Cric*00.0u • ' • . Exhibit A City of Miani Brom/Molds Reclevelopment , J Revised Brownfte$1$ Area I-1 Existing" titownfiekts Area I A • li di S i Ri 1610. w.t4 .." 1 IlEtrA Z Et li igra t“..0.410 F.,•1-1101111111m4.51:1E0R52 t, 4-411141mgEggig -rim ----, ifilie illi 1 "q 'di flt'1:- 1fIlAi'qc iiiii i , ipk.‘iicilLiagr E., 4 0 [ x-c' ' .' i i l' IN Ea ap. II 1 -..... tilm 1 r lei!. .t0 Kt! q/P4 1434. KISOti 011Ci+1 ltv colgiOetai ikamOdimxiii-caliImuoig nYitiiiiii0 ifamlboOkli) li;ity1e4Mifil, 4 WiarAta..4.i.tillAidmils.PilitY L li'M 71U, 021 0 1-110.A6VA "PI OW ta. 11*(h.: NW 7 414:14110 iaVa; i.1H1. 2 Ailitr,14 ifly*I,",,I OA cogl, dppukcj 414 Mckyr.y!if A ma t.orts Di ng, ilioatittt a Nyy T-Nkfto end ton 71-W4 proOdds 194 Rua 4F1410 14 76 DierA. tit P01,101114(1,41041"EntonIC.110-0 t . $1,,,W, A LTh" 0 .0,0341,010j031119 1W2 AYA:1954.*.akidt: in a rfiAlblAY rkr.OcilAftii, /- 7.1 P1.1..0i IVA , IlildittlfY._...0,04il, 01 lohlW1Avertio;nrA 4.the pito to .u-wk-nd ps-.19ritiw *pm 1.06).. olg.0.1fOrcemtiol okti-.114.141KeitopY MO PsOPWRIATY.Aocrda Nfilm.PRF1)74.4xml..11,P coltdno of 1b2 I-% Ni-WiY4firi ai4aicle.. Pattoxtt Wi iiki041Y00000a.NNOS.StrKkOkr140,1 WOW if illeakA to My .2 OotekiX" &math kin GOA tdy • il,Dak11101iW 20 aliA PCMI*Inon.atarcitt diataaa ia MN 11' AO r:s; ap*iln*.fnimly,[kriai$.1.5 14 Om( ITCOSOOf r!) all gAy di KM IU UN.14 ' 11"414 prvo.al% irl a gaukai4roalen la 11 el,ICI ai i , Prat ki aI 1/dNu h *no SW V10 .14-libtla sN I Aygrua; 0*is* Eio a vx4haly tkr4likij la ENV A Siptul, iX1kiniKirlaviaiitolythiclim Iii SW 2 01:a9aafkk!o'culb.?k;yg.lieafti.ilajpa,!%.*i 11!1:i). T40s.4- /km 0 0I14iii ri Mali la 1al il'ulattio 1. 1104 rkl-ma III MW ',ut Ilia nem la. ilvatisrmo. IrlthzkiefOlfri?. : .. • ' • ' ,, • ,• . • • •• .• • .. , -. • • L • • .. 04io9/g8 a9:21 '&305 372 6720 beim Sew 4YocQ3( PLAIN REY/ASSE,'1l'MGM; 4- 8.9blht8 ; 2:27PM ; CITY OP u-, 303 672 87234 . 2/ 6 M�itiR ..�..':.�r•,tir ss1.e4 p • } a • 7-42. 7• • 3/04 itlESoLU"CnON NO. A 7. 2 42 • • A R.ESOLUTOIk WITH A'[TA IDdENTt bEsiONAT,fNa'A BRoWNF1ELD5 AMA n4 TM CITY OF i;haAka, Ff.01itpA„ To 1NCL U! td THE WYNW04D alt0V/NfillDi $1LOT PRo CT AND CERTAIN AREAS w>I r ov TOWr MD Att,APA' TAN FOR 'i PURPOSE *OF OyiltoNmENTAL. XEMEDrATfON, ' >tE•rxBu.irATtoN AND ECONOli41IC DgVELOPkENT; man AuntoRJ W ; TEO WY MANAIRR. TO NOTIFY TN1 FLORIDA DEPARTMENT OF ENVtROM E 1 AL PR ntaioN or $MD DgeONA,TIoN. WHEREAS, tho Soto of Florid* bat provided in Ch. 97271,'1aws ofi!lortdd; eodtRed a 4edions I76.77.376.54. Florida tistutas, for the drrigislttinn y neolutiQf of hertaiti• toMip tw 1 arras ocesAririg of Oh* or roars Brovealiaida Rites as "8roivngeids mess'', iuwl Tot the lorrcsporldi* g proviAon or onvitotimarail rerttedistion, rahaiifitatiort and erQaotnia iievslopment such tress; turd WHF.ItEM' , Om City of Mistni wishes to notify the Voridit Depmmottt nfnwirontnenfsl , i"rot etion of itt decision, to designates 8rownSslds Aran for reatediatioa, rehiliititntian sea etartontfc devriapreetls t'or the purpose* set forth in Sections 3745.97 3'76.tt4. Florida Statutes, and' • Wk1EREAS, the City or Mtanll has prartously dcstgriated a droivneelds Punt Prajtct ,pursuant to the >EttWronrnsnts1 Protscrioa Agency Brownfieills itti!'setive tito delitwAtion,of which , ;is to be Winded in the. esti proposed for designation under Sections 376.7 176 Se; PI4 ids Statutes; and .1.041 ATIACHMENT (S) CONTAINED' Cnv.+ » dR MAR 1 0 199E ataat4Ral 11A 9*- 212 04/an/s8 09:22 'D305 372 6720 SENT BY;CON PLAN REV/ASSET MGM; 4- 8-Be ; 2:2811 ; • • dfi • ini; dda; Aral 0144611 wirers or:outs of Otte aultrb)r (o' ll:t 144 rdcewtlopel open ep , • C IAturxt, Apr hietodcal pi•sweatio Awipo; toad* . •: , , , S, ;he dcii etei ,t3ro++ntgc1de Area i*,41 t : from the EPArdriignsitd 4totiv the alMkt *ref *ct,in W,nwwood w 1nclvdepicta aeO,vtttwtt poi. Allsp%tta'b; grad ; SAS, the pa re; forth to Se*tioe 1d6.44i.'Florida Stitutes, halve iioattt . • ifaw+cd cirri ptapac ttalic? hss 1;#1.e► provided in ar +ardfutte; ,'Mttt Sectioni,76.10(1)•*nd. ',.)66,a t,(5(c Florid* SR utii, • • ' '' z4OW, THt~R ORE► BB if RRSOLVElit3Y'n' CO SS!DN or tie CITY OF Sa g'tion E. ,,'the oseitadi and findings sat forth in thin Prpimbio ter Otis Resolution are ,here iyr adapt+td by,cram:Ilre thereto snd irrr t>rpootard)aer'cisi ii91(titty Sat foal, In 1.11 Section,. ; i faction 2. ' The sjee depicted on "Exhibit A",'atitrtchrd hitch" yid, ineorpotite4 delete i by reference. le hereby dcsidna ed aw a Brnwnfilds Area , for , environmetttel reoa ediatioti; a rehabilfutlon and econotnlc development Er the purposes es let forth, in Sections A76.7?-374.14, ri BERM cos CITY OP Mf16M!-+ 3a]8 372 87294 3/ 6 .saw • WHBttE/AS, the City o[ clirni has addk1on* ly •eorlti$e;red .ttle 'criteria set forth la • : Skoee 276.10 2X1)t-4, F1crida Stitutrt, nirnely. (I) whsthei NI Rriaijtos4d 8rQwnfioldt Area • w$rrents eifotiamtIa developrnint wid hiss a •reeiot�abie patatlk for w'cJt artiviil'es, Cti) i e B wnfe1di � repsasents a rasicansbly focused 'approach .snd ii'ahot ctv,*tty.,IM 0 inilassdriptsia . ,• c4v*ri . (till { whar tf he tni y&tfwplldds At. fi}s potential 'to Lnter.+rtt .,tie 'privItttt aeetnr •.in' t p$rtWp'1ti ' b t reseed{sttq ;,iJit!»fititinn ruu! eCOP317119. d+sveia¢rtc+at•; 1.,(iv). hlti er,'t,1te , ' '` , Redd; Statutei,, unclar ih4 fohow1RS Nemx and conditions: ' a. The City of imix,roll shall be the entity tispboeibIc for the Erow+attrietds Ara* cite 'ramedistion and rrh>4bititstloa+ pursuant, to' Section 376.$O(»), Florida Statutes. 98 242 .04/09/98 09:23 g'305 372 8720 DERNN E 004 SErif AY:COM PLAN REV/ASSET MOM; 4- 0-98 ; 2:29FM ; • .J CITY OF MIAMI-, 305 372 0729;# 4/ 6 P.04 .o al not tsnd+r the City of Kit liable. for CORM of t•Wwsvrr, aueh design.tl n � tema�al, '!is remredisua� r! iIit4tioa, and eroaamic developtt'teit or 'source term) are defined i Sections 376. i7.37d, 1,'Fl r1da St tutitk t• hose e!iindst the City of 14S1� ite to for casts of site Such Ci4�1�t1rtiQrti �shi�li not TC � � L ar LdtatGb tlernaysl, �� thea retnediation,1 tubl�itstlon Ind economU develOOet►�t r , # , of for an other ▪ ' term$ 0,11* ie Section 316.7914) r� (I3j,1In Sa St1 es q Y lyre ., chose egits atttibut�ple'to the City of tf is role u aos>Gst, ,�I�vb ;xetd bey r ad�ta�tr �d retlab'dkstion prtt$tari�• '.JMittittruor,a ' k B O'Wr►liCCds,Aies 31t t Within the'ddsignst erownitelde Ages. , and ss'a pr4prt�y 'OWN( ' ;' .11 t�>t F1ar�di 1�ep nn � YhC City Msr'*$a'u harsby autteonYed,to, nat fy Section 3, . , .. , 'ivlat `s deAision to desiSna a 1Srov�rt lcld$ tea,Or Environmental Protection of cite City of ,mot tar iht! purposas'' lhrth 1n giant tfameddn, sebdott andrns+antis de�►elap • ' • 414,71478,14, ?tnndit.st�ta. effective irnttt+dl11ta1Y upon its adoptlpn, '• -• � �� ,�, .'�'�s Rcl�olut4on t� betsan'!a ' T • ' et1 ant diy olr • Ka��..._ ��---� t99S. P►4�SE A> ADOPTED this 1'Odh ' . kAy L. TOk . MAY$ Lewd Cam,/ lad, EA, y ad oat Inilaita approval al t �� 1� ��1�iFiE� tow ttl �4 ty swing M t'q"d piece row, e t al cofifi�eitin tow topasling sunk **out the r . — _ • • ATTEST: ' CITY CL•FK .3- 98- ' 24 .04i09/98 09:23 S`305 372 0729 DtR3f sue' BY:COM PLAN REV/ASSET MGM; 4- 8-08 1 2;20PM ; CITY OF M1AM14 •1 • 1 1 J �..._,.AK L Y ' ASSONANT CITY ATT * IRNEY . f. • • ` )..K ipti/W2327 r • • • • foo5 305 372 6720:1t $/ 6 . oa APP GYEP AAPPROVEDAS TO f0 !?ND D �. CO CANE S. • / 1 r�' / 4Aar IA, I. E' WARP • - LL. 192 CITY A • RNA Y 60. et •a . • . • . . .i • 1. „ I > • • • • • 4 • ✓ • 4 CO 00 • • Exhibit A City of°Mlami• Brownfields Rede`►.elopmont Area *ow =Run mmmmmm * -u-� rr�^o ffKrnel unimMrw..wJ,l�w w� :gm. ..; +In wry NUM 1 i ,..v�nwii^i�w +lr/ tier 11lNOM'pis+RKnrrr \;��rrRwrt•1M arilnn 1 .� �� r�rlMrRllliMiwi �i 4T�� '�^�+«• ■lR WW PMasNA oM"1(lap II¢III arm 110 NV041.. l..� All *irriii�lrrIlin1�1r iMW WI mpower*A��'li ap ='N!all Yu kops WWm .. - . PM imitr- lir IS MCI�i 1j5=YM 1w 11rIAnri� I RAIM�CrIRfM 1J'�,.nPIR;F1� RMMMRw�RRw.,rwMi rwt INN ._r—w-'�"i-- r�r111rEMr..amwarm ? wwwwwM Ai=...= tMil� t�fir R MR Ilirrll��`^ll iRr�,.�w �r awrwwww+r� ea ■wILJ;: 11�1�1�1 lirl�warlrmom PEP �i..^"`« III �t4i �w�� . *� t•MrirlRliawiMiiril..M.r1lt `yjlrs +if�!!Mr nldlnMi -- -fieraggli i liii =>wx>`l�iln.., r �r11��r��ii�M.M 1 Ii!im.r.I 4 r .4,030v 'MEAL A11 : 1.�, !UM R�i r7 + 21 �IwnMi ...: ,MIStifll11.1hi7 ; op �!yiy11il is.I r i,L., laimi.�:tlu ill !, M.r. ..fie It1 lute oyiR■I•#/_' j �" • 4 Imam, ilmola r` 11111 1�liffjj ��II '�-11-I#4�M#MRrM ..r-� rrMR�IMMMMr�11MIM► i Kr .. ( rLia.M M iii imiiiiv. %t w I.EGA1.QESCRP11ON Thi City ottasmi.enssnalidgmiss MditisdbyIAM#di>ti* bollodatui i • a a towed by Ike nem ugh tni F�It Wsi1 cienwaktin it ila blob EaftssWss y; tangos* in i Mali* direilin 11M1t1 • • ,n.M the o ntortp 1 of the r.YS E,M11t'i#f�71 kfMmilina ; foriCi blai 4 i lovi ilideM#f7A Naha 11Y[I i01M1; t^Oli Wi 6aMdl y tM *MWi it Mi zol meat, lb sMorw a woman! tlftiorpn.b thy ThMMoss pr000k ilp fn i:atiluly ifMbnNMN20IRBMr.I;IoMrilia lllos•tar+ lw +riiMM'MY47164wwwwersiblimmaiatalowj1 dire ion,Is NO tam Smootthin rowdy b wadewer.woodeviat grab NgISIN IN t. Mcgaogrolaice1hoWill f 0 m rT J-98-375 3/27/98 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE k3ROWNFIELIS ADVISORY BOARD ("BAB") AND SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION, FILLING OF VACANCIES, SUPPORT PERSONNEL,, FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, pursuant to Resolution No. 98-242, passed and adopted on March 13, 1998, the City Commission designated a Brownfields Redevelopment Area within the City for the purpose of environmental rehabilitation and economic development; and WHEREAS, pursuant to Section 376.80(4), Florida Statutes, the City is required to establish an advisory board for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the Browufields Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice; and WHEREAS, said board must review and provide recommendations to the City Commission regarding proposed site rehabilitation agreements; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance axe hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Establishment. There is hereby created and established a board, to be known as the Brownfields Advisory Board (0BAH"). Section 3. Purpose. The purpose of BAB shall be to ensure effective involvement in an advisory role in the planning, implementation, and annual assessment of the rehabilitation and economic development activities within the areas designated by the City Commission as the Brownfields Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice. Section 4. Composition. (a) BAB shall be composed of seven (7) members and one (1) alternate member to be appointed as hereinafter set forth. Members of BAB shall be persons of knowledge, experience, mature judgment and background having ability and desire to act in the public interest in order to make informed and equitable decisions concerning the'Brownfields Redevelopment Area. Towards that end BAB shall be composed of: (1) three (3) persons who are residents within or reside in an area adjacent to the Brownfields Redevelopment Area; (2) two (2) owners of businesses within the Brownfields Redevelopment Area, who need not be residents of the City; 2 (3) two (2) representatives from the private sector with businesses, not necessarily'operating in the Browitfielda ttedevelopment Area, preferably in banking, land development, or real estate, who need not be residents of the City; and (4) one (1) alternate member. Section 5. Terms. Members of BAB shall be appointed for one (1)year terms. A member may be appointed for not more than two (2) consectitive terms. Section 6. Procedure for Appointments. No appointment shall be made by the City Commission to membership or alternate membership on BAB until the Commission shall have given notice in a newspaper of general circulation in the City of the vacancies at least thirty (30) days prior to the making of an appointment, and shall have solicited and encouraged the'public and professional or citizen organizations within the area having interest in and/or knowledge of the Brownfields Program to submit names of persons and their qualifications for consideration as prospective appointees or•alternate appointee of BAB. At least ten (10) days prior to the making of any appointment, the City Commission shall, cause to. have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together' with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the City. Commission shall give due consideration to the names thus submitted. 3 In addition, the City Commission shall, at •least ten (10) days prior to the making of any appointment, cause to have available to the public, and shall publicly make announcement of the fact, that the names of prospective nominees submitted by members of the City Commission and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on BAB whose name and qualifications have not been made publicly available in the manner set out. Section 7. Qualifications. In reaching a decision on an appointment to a vacancy on BAB, the City Commission shall give due regard to, and be guided by the necessity for representation on the Board, of: (a) Geographical sections and areas of the Brownfields Redevelopment Area; (b) Social, economic and demographic characteristics of the City; (c) Qualifications, background, experience and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership; (d) Prior demonstration by prospective appointees of interest in and concern for the Brownfields Program; (e) Other activity evidencing knowledge and interest in the public purposes of the Brownfields Program; (f) Potential conflicts of interest; (g) Demonstrated maturity and objectivity of judgment; and (h) Needs for expertise, if any, in the membership and alternate membership of BAB. .. 4 - Appointees shall be persons in a position to, represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. Except as expressly provided for herein, no person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. Except as expressly provided for herein, no person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the county or any city. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of Sections 2-301 et seq., and no person shall be confirmed in appointment who has not filed the statement required by Section 2-305. In addition, the Code of Ethics and the conflict of interest provisions of Metropolitan Dade County, the State of Florida, and the Federal government shall apply to members and the alternate member of BAB. Section 7. Vacancies. Upon the occurrence of a vacancy, the City Commission shall first consider those individuals who had previously submitted their qualifications as prospective appointees. In the event the City Commission is unable to fill the vacancy from amongst those prospective appointees, vacancies in the membership of BAB shall be filled in the manner set forth hereinabove. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term. Section S. Removal. - 5 - Members of BAB may be removed for cause by vote of not less than three (3) members of the City Commission upon written charges after a public hearing, if the member affected requests such public hearing. However, whenever a member has had within a calendar year, three (3) consecutive absences or four (4) absences within a calendar year• from the regularly scheduled meeting, the highest ranking officer of BAB shall certify same to the City Clerk. The City Clerk shall then inform the City Commission in writing that the position has been declared vacant and a successor member must be elected to fill the vacancy. Three instances of arriving tern (10) minutes after the scheduled beginning time or leaving before the termination of the last agenda item at a regularly scheduled meeting of the Board counts as one (1) absence. Upon such certification, the member shall be deemed to have been removed and the vacancy shall be filled as set forth hereinabove. Section 9. Disqualification of members. If any member finds that his/her private or personal interests are involved in a particular matter coming before BAB, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation whatsoever in the cause; or he/she may be'disqualified by a vote of not less than a majority of the total membership present of BAB, excluding the member about whom the question for disqualification has been raised. Section 10. Assignment of personnel. The City Manager shall assign staff to assist BAB. Section 11. Proceedings. (a) Officers/Committees. BAB shall elect a chairperson and vice --chairperson from among its members and may create and fill such other officers as it may deem necessary or desirable. Officers may succeed themselves. BAB may establish subcommittees for the purpose of advising and reporting to the BAB on specific issues, including 'such issues as public outreach, financial incentives, and site identification. (b) Rules of Procedure. BAB shall establish rules of procedure necessary to its governing, and the conduct of its affairs, in keeping with the applicable provisions of the City Charter, ordinances and resolutions. Such rules of procedure shall be available in written form to persons appearing before the BAB and to the public upon request. (c) Meetings. BAB shall be required to hold at least six (6) meetings each year, but may meet more frequently if deemed necessary. All meetings shall be open to the public. (d) Quorum; voting. Four (4) members shall constitute a quorum. All recommendations of BAB shall require a concurring vote of a majority of the members present. In case of a tie vote such vote shall be construed as a denial. Section 12. Compensation. Members of BAB shall serve without compensation. Section 13. Financial Disclosure. All members of BAB shall file annual financial disclosure reports• pursuant to law. Section 14. Functions, powers and duties generally. BAB is hereby authorized to: (a) Review and recommend to the'Cit.y Commission approval, approval with conditions, or disapproval of the rehabilitation and economic development activities proposed for the Brownfields Redevelopment Area, including proposed site rehabilitation agreements. (b) Provide a forum for community input and recommendations regarding the Brownfields Program activities, funding priorities and proposals. (c) Adopt and amend its rules and procedures. Section 15. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 16. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 17. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered• and the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 18. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. - 8 f. PASSED ON FIRST READING BY TITLE ONLY this _ day of , 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1998. ATTEST: WALTER J. FOEMAN, CITY CLERIC PREPARED AND APPROVED BY: . LINDA KELLY KEAR ON ASSISTANT CITY ATTORNE JOE CAROLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: JOBL EDWARD MAXWELL INTERIM CITY ATTORNEY LKK/W9 72 9 Attachment B (00011878.oOCX. 1 } Attachment B Table I Brownfield Site Rehabilitation Schedule Type of Report or Activity PRFBSR Action or Submittal Time Frames MDC Review or Comment Time frames Notice of Interim Source Removal Action or Emergency Response Action situations. Within 24 hours of initiation of the action. No comment required. interim Source Removal Proposal When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatment or disposal technique (see Rule 62-780.600), Within 30 days of receipt, Interim Source Removal Plan When seeking approval before implementation of an alternative product recovery method, groundwater recovery, soil treatmentor disposal technique (62.780.600, F.A.C.) Within 30 days of receipt. Interim Source Removal Status Report Within 60 days of completion of source removal activities and every 60 days thereafter or when the field activity is terminated, whichever occurs first. No comment required. Interim Source Removal Report Within 60 days of completion of Interim source removal activities. Within 60 days of receipt. Site Rehabilitation Plan (SRP) or Combined Document, (Optional submittal) (See Rule 62-780.460,F.A.C,) Optional: SRP submitted within 270 days of executing BSRA. May include multiple tasks. Within 60 days of receipt. Site Assessment Report (SAR) SAR submitted within 270 days of executing BSRA, Within 60 days of receipt. Risk Assessment Report (RAR) Optional: (within 60 days of SAR approval.) Within 90 days of receipt. No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Rule 62-780.680, F.A.C.). Within 60 days of receipt. Well Survey and Sampling Results pursuant to paragraph 62.780.600(3)(h), F.A.C. Within 60 days of discovery of contamination beyond the property boundaries Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Plan When the site meets the criteria for Natural Attenuation with Monitoring (See Rule 62.780.690, F.A.C.). Within 60 days of receipt. Natural Attenuation with Monitoring (NAM) Report Within 60 days of sample collection. No comment required. Remedial Action Plan (RAP) Within 90 days of approval of a SRP, SAR or RAR. Within 60 days of receipt. As -Built Drawings Within 120 days of initiating operation of the active remediation system. Na comment required. Initiate Operation of Active Remedial Action Within 120days of RAP approval. No comment required. Proposals submitted pursuant to subsection 62.780.700(16), F.A.C. Optional during active remediation Within 60 days of receipt Remedial Action Status Report (Monthly or quarterly status reports maybe required for submittal - - depending on site conditions and Advisory Committee.) Within 60 days of the anniversary date of initiating operation of active remediation system. No comment required. {00023939.DOCX.1 ) Page i of ii Post Active Remediatlon Monitoring (PARM) Plan When the site meets the criteria for NFA (see Rule 62.780.680)or Leveling -Off (see Rule Within 60 days of receipt. Post Active Remediatlon Monitoring (PARM) Report Within 60 days of sample collection. No comment required. Leveling Off Determination Within 60 days of sample collection. Within 60 days of receipt. Post Active Remediatlon Monitoring (PARM) Plan resampling proposal (Rule 62-780.760(4)(e), F.A.C. Within 60 days of sample collection. Within 60 days of receipt. Site Rehabilitation Completion Report (SRCR) Within 60 days of the final sampling event. If SRCR not approved then submit modifications, etc. within 60days of MDC's response. Within 60 days of receipt. If the Brownfield site meets the requirements of Chapter 62-780, F.A.C. for the issuance of a SRCO, a SRCO will be Issued. Pilot Study Work Plan When seeking approval before implementation of a Pilot Study pursuant to Rule 62 780.700(2), F.A.C. Within 60 days of receipt, Notices for Field Activities except for Start of Interim Source Removal or Emergency Response Action situations. Within seven (7) days but not less than 24 hours prior notice to MDC to perform field activity. No comment required. Submittal to MDC of addenda, responses, or modification to plans or reports, pursuant to Chapter 62- 780, F.A.C. Within 60 days of receipt of the MDC's response. Within the same time frame for review of the original submittal. Submittal of Form and Actual Notice required In subsection 62.780.220(2), F.A.C. See textof rule for "initial Notice of Contamination Beyond Property Boundaries" In subsection 62-780.220(2), F.A.C. No comment required. Submittal of Actual and Constructive Notice required in subsection 62-780.220(3),FA.C. See textof rule for "Subsequent Notice of Contamination Beyond Source Property Boundaries for Establishment of a Temporary Point of Compliance (TPOC)" in subsection 62.780.220(3), F.A.C. No comment required. Submittal of proof of Constructive Notice required in subsection 62- 780.680(8), F.A.C. When seeking an SRCO with conditions, the PRFSSR must provide constructive notice of the MDC's intent to approve a no Further Action Proposal with controls, No comment required. {00023939.DOCX.1 } Page li of ii Attachment C 00002394.000X. i } SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM 1, Rumasa Corp., the real property owner ("undersigned" or "owner"), hereby grants permission to the Miami - Dade County ("MDC") Department of Regulatory and Economic Resources (RER) and the State of Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property ("the property") located at 690 NW 13th Street, Miami, FL 33136-2327 as described in Attachment A attached to the BSRA for the brownfield site assigned the Brownfield Site Identification Number BF139801015, beginning on the date of execution of the BSRA and ending on such date as deemed appropriate by MDC or the successful completion of the BSRA, whichever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by MDC, the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b, Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by MDC and/or the Department and the like. c. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems, 3. Upon completion of the investigation, MDC and/or the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4, The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. MDC, the Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6, MDC and the Department acknowledge and accept any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. 7. In exercising their access privileges, MDC and the Department will take reasonable steps not to interfere with the Owner;$Rperations, or the remediation and redevelopment activities pursuant to the BSRA. Signature of Real Property Owner Print Name: 1 ir)CI6'0,0 /'qtg4ti''(e((Gfrt) Print Name: Title, if applicable 7f C,°:>0 Date Date {00023937.DOCX. 1 ) Signaturof Witness �lOkp r0ra 8 Site Access Agreement Brownfield Site ID #: BF139801015 May 25, 2018 Page 2 of 2 Accepted by MDC by the following authorized agent: VO Signature-of-Depep r neitt representative Signature of Witness Print Name: U �s fl Cc d /a I �l Print Name: ` CtiZlLt I'C C7G t Hama, M Title of epartinent re resentative 6/ 3D/] Date Date t00023937.DOCX. 1 } Attachment D {0000239403CX.1 } City of t xm EMILIO T, GONZALEZ, Ph.D, City Manager May 23, 2018 Wilbur Mayorga, M,S„ P.E., Chief Environmental Monitoring & Restoration Division Miami -Dade County Department of Regulatory and Economic Resources 701 NW lst Court, 4th Floor Miami, Florida 33136 Re: Brownflelds Site Rehabilitation Agreement for Property Located at 690 NW 13 Street, Miami, FL 33136-2327 ("Subject Property"), Folio Number 01-3136.037-0300; Located within Brownfield Area Identification Number: 8E139801000 Dear Mr. Mayorga: Please be advised that the Subject Property Is located in the City of Miami Brownflelds Area, which was adopted by the Miami City Commission on March 10, 1998 pursuant to Resolution Number 98-242 and then expanded on March 23, 1999, pursuant to Resolution Number 99-197, The owner of the subject property is Rumasa Corp, Mr. Michael Goldstein, Esq„ has requested the City to provide a letter of support on behalf of Rumasa Corp's intention to enter Into a Brownfield Site Rehabilitation Agreement at the subject property (BSRA "Attachment D"), According to Mr. Goldstein, Rumasa intends to redevelop the site with affordable and market rate housing, and commercial or logistics uses —a redevelopment that requires a capital investment of no less than $50,000,000 and the creation of up to 300 temporary construction jobs and between 50 to 250 permanent jobs. The proposed redevelopment is near the Health District Regional Activity Center and centrally located in an area of the City that can benefit from the creation of permanent jobs that are above the C€ty's median Income. In concept, the City is supportive of this redevelopment; nevertheless, Rumasa will be required to continue working with the City to obtain all of the necessary and applicable land use, design, and construction approvals, permits and licenses, if you have questions, please contact me at (305) 416-1445 or strone@miamigov,com. Sincerely, .) %1 Sue Trone Chief, Comprehensive Planning PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor/ Miami, Florida 33130 / Plume: (305) 416-1400 Fax (30.5) 416-2156 Mailing Address: P.O. liox 330708 Miami, Florida :33233-0708 Attachment E (00002394.000x.1) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 HLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program Contractor Name Environmental Property Audits, Inc. Contractor Address: 12700 Biscayne Boulevard, Sult 401, North Miami, FL 33181 Contact Name: Byron R. Wood, L.E.P., C.G.C. Phone No.: (890) 404-0443 Brownfield Site ID #: 8E139801015 1. Date: RICK SCOT!' GOVERNOR CARLOS LOPEZ-CAN'FERA L;F. GOVERNOR ,IONA'I'IIAN P. S't'EVERSON SECRIi I'ARY May 24, 2018 Fax No.: Contractor Certifies by Checking All Appropriate Boxes: it meets all certification and license requirements imposed by law. 2. It performs or contracts laboratory analysis pursuant to National Environmental Laboratory Accreditation Program certification requirements and performs or contracts field -sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3, It complies with all applicable OSHA regulations. 4. Has the capacity to perform the majority of the site rehabilitation program tasks pursuant to a brownfield site rehabilitation agreement or supervise the performance of such tasks by licensed subcontractors in accordance with Section 489.113(9), F.S. Yes No ® ❑ ® ❑ ❑ ® ❑ The person named below by signing as an "Officer of the Company" hereby certifies to the Miami -Dade County Department of Regulatory and Economic Resources (RER) and the Florida Department of Environmental Protection (FDEP) that the Contractor named above meets the requirements for contractors participating in the Brownfields Redevelopment Program [Sections 376.80(6) and (7), Florida Statutes (F.S.)]: Byron R. Wood Signature o Officer of the Company and Date Signed Print Name of Officer of the Company President Title of Officer of the Company This form will be kept on file by RER. Contractors must immediately notify MDC of any change in the above criteria, RER may order a suspension or cessation of work for failure of a contractor to maintain their required certification. Please return this form to the Miami -Dade County Brownfields Coordinator. {00023935.DOCX.1 } Attachment F {00002394.oOCX, 1 } State of Florida Department of Health, Bureau of Public Health Laboratories Thls Is to certify that E86006 FLORIDA-SPECTRUM ENVIRONMENTAL SERVICES, INC. 1460 WEST MCNAB ROAD FT. LAUDERDALE, FL 33309 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples In the following categories DRINKING WATER • GROUP I UNREGULATED CONTAMINANTS, DRINKING WATER - SYNTHETIC ORGANIC CONTAMINANTS, DRINKING WATER • GROUP II UNREGULATED CONTAMINANTS, DRINKING WATER • MICROBIOLOGY, DRINKING WATER •.OTHER REGULATED CONTAMINANTS, DRINKING WATER • PRIMARY INORGANIC CONTAMINANTS, DRINKING WATER RAD€OCHEM€STRY, DRINKING WATER - SECONDARY INORGANIC CONTAMINANTS, NON -POTABLE WATER • EXTRACTABLE ORGAN€CS,NON•POTABLE WATER • GENERAL CHEMISTRY, NON-POTADLE WATER - METALS, NON -POTABLE WATER - MICROBIOLOGY, NON -POTABLE WATER • PESTICIOES•HERBICIDES•PCB'S, NON -POTABLE WATER - RADIOCHEMISTRY, NON -POTABLE WATER - VOLATILE ORGANICS, SOLID AND CHEMICAL MATERIALS -`EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS - GENERAL CHEMISTRY, SOLID AND CHEMICAL MATERIALS - METALS, SOLID AND CHEMICAL MATERIALS MICROBIOLOGY, SOLID AND CHEMICAL MATERIALS • PESTICIDES-HERBICIDES•PCB'S, SOLID AND CHEMICAL MATERIALS - VOLATILE ORGANICS Continued certification Is contingent upon successful on -going compliance: with the NELAC Standards and FAC Rule 64E-1 regulations. Specific methods and analytes certified are cited .on.the Laboratory Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, P. O. Sox 210,'Jackaonvlie, Florida 32231. Clients and customers are urged to verlfy with this agency the laboratory's certification status in Florida for particular methods and analytes. Date Issued: November 13, 2017 Expiration Date: June 30, 2018 Susanne Crowe, MHA Acting Chief, Bureau of Public Health Laboratories DH Form 1007, 7104 NON -TRANSFERABLE E86008.3a-1111312017 Supersedes all previously issued certificates H LTH State of Florida Department of Health, Bureau of Public Health Laboratories This Is to certify that E86546 JUPITER ENVIRONMENTAL LABORATORIES, INC. 150 SOUTH OLD DIXIE HWY JUPITER, FL 33458 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples in the following categories DRINKING WATER - GROUP II UNREGULATED CONTAMINANTS, DRINKING WATER • OTHER REGULATED CONTAMINANTS, DR€NKING WATER - MICROBIOLOGY, DRINKING WATER - PRIMARY INORGANIC CONTAMINANTS, DRINKING WATER SECONDARY INORGANIC CONTAMINANTS, DRINKING WATER - SYNTHETIC ORGANIC CONTAMINANTS, NON•POTABLE WATER - EXTRACTABLE ORGANICS. NON•POTABLE WATER - GENERAL CHEMISTRY, NON•POTABLE WATER • METALS, NON•POTABLE WATER • PESTIC€DES-HERBICIDES-PCB'S, NON•POTABLE WATER - VOLATILE ORGANICS, SOLID AND CHEMICAL MATERIALS • EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS -GENERAL CHEMISTRY, SOLID AND CHEMICAL MATERIALS - METALS, SOLID AND CHEMICAL MATERIALS • PESTICIDES•IIERBICIDES•PCB'S, SOLID AND CHEMICAL MATERIALS • VOLATILE ORGANICS Continued cortltication Is contingent upon successful on -going compllanco with the NELAC Standards and FAC Rule 64 E-1 regulations. Specific methods and analytes certified are cited on the Laboratory Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, P, O. Box 210, Jacksonville, Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification status In Florida for particular methods and anaiytes, Date Issued: July 01, 2017 Expiration Date: June 30, 2018 Susanne Crowe, MHA Acting Chief, Bureau of Public Health Laboratories OH Form 1697, 7104 NONTRANSFERABLE Ea6546.45-07l01l2017 Supersedes all previously Issued certificates Attachment G {00002394.00GX.1 } Advisory Committee Members Ms. Loren Daniel, Youth Development Specialist* Urgent, Inc. 1128 NW 7` t Avenue Miami, FL 33136 lore n @urge n tinc, o rg (786) 333.2240 Ms. Gralyn Swilley-Woods, Executive Director** Overtown Children & Youth Coalition 1951 NW 7th Avenue, Suite 800 Miami, FL 33136 swilleywoods@overtowncyc.org (305) 431-5119 Mr. Daniel Acosta, Senior Vice President*** BHG St. Martins Place, Ltd, 2100 Ponce de Leon Boulevard Coral Gables, FL 33134 danietacosta@mccormackbaron.com (314) 621-3400 Mr. Mario Borda, CEO**** Borda Commercial Real Estate. 175 SW 7th Street, Suite 2416 Miami, FL 33130 mario@bcre.us (305) 467-4599 *Resident within the designated brownfield area and business operates within the designated area **Resident within the designated brownfield area and business operates within the designated area ***Business owns property and operates within the designated brownfield area ****Business operates within the designated brownfield area (00024038.DOCX. I } Page 1 of 1 Attachment H 00002394,D0CX.1) ATTACHMENT H - - FORMAT FOR SUBMITTAL OF TECHNICAL DOCUMENTS 1. One hard copy and one electronic copy of each report or proposal and final reports shall be submitted to MDC, 2, In an effort to increase efficiency, responsiveness, and to enhance environmental protection, electronic records are an acceptable media substitute for hard copy and shall be pursued as the first option of choice to arrive at compliance. Where an electronic format exists of the records it shall be used to transmit the data, file, report, document, map, plans, picture, record, or any other object that may be available in an electronic format. Electronic records shall be kept in industry standard non-proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and Microsoft Access not older than one (1) release behind the current. 3. Data requested shall be transmitted using available media such as E-mail, Compact Disc (CD), or File Transfer via an FTP site. Additional formats may be considered at the time of the request. 4, After final approval of each report, an electronic copy and one hard copy shall be submitted within 30 days. 5. The media shall include a file directory and specify the "naming convention". (a) Final reports (any text files) must be in one of the approved formats. (b) Site maps and surveys shall be in TIFF, JPEG or ".pdf" format. (c) Site -specific GIS data tables shall be in Excel or text (tab delimited) format. (d) The cover of the media shall include the Site Name, Designated Brownfield Area, Date and Type of Report(s). (e) The left inside cover of the media should list all the files located on the media. f000l 1026.DOCX. 1 I Page i of xv 10/26/15 Revised BSRA Model Exhibit C {00011414.00CX. 1 } Titu tauti EMILIO T. GONZALEZ, Ph.D. City Manager October 28, 2019 Wilbur Mayorga, M.S., P.E., Chief Environmental Monitoring & Restoration Division Miami -Dade County Department of Regulatory and Economic Resources 701 NW 1st Court, 4th Floor Miami, Florida 33136 Re: Brownfield Site Rehabilitation Agreement for Former Biscayne Chemical Site 690 NW 13th Street, Miami, FL 33136-2337 Miami Brownfield Area Brownfield Area Identification Number BF139801000 Brownfield Site Identification Number BF139801015 Dear Mr. Mayorga: This letter is intended to address a proposed assignment of the Brownfield Site Rehabilitation Agreement ("BSRA") for the above -referenced site. The BSRA identifies Rumasa Corp. as the Person Responsible for Brownfield Site Rehabilitation ("PRFBSR"). The above -referenced site, which is more particularly described in the BSRA, is located within the jurisdictional limits of the City of Miami. The above -referenced property is located within the Miami Brownfield Area. A warranty -deed has been provided to the Planning Department, indicating the conveyance of the property located at approximately 690 NW 13 Street from Rumasa Corp to KTLC Biscayne, LLC. The Planning Department has no objection of the assignment to KTLC Biscayne, LLC for the BSRA. If you have questions, please do not hesitate to contact Sue Trone, Chief of Comprehensive Planning, at (305) 416-1445 or by email at strone@miamigov.com. Sincerely, Jeremy Gauger Deputy Director, Planning Cc: Michael R. Goldstein, Esq., Environmental Counsel for KTLC Biscayne, LLC PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd floor/Miami, Florida .33130 / Phone: (305) 416-1400 Fax (305) 416-2156 Mailing Address: P.O. 13ox 330708 Miami, Florida 33233-0708 Exhibit D {00011414.DOCX. 1 } SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM 1. KTLC Biscayne, LLC, the real property owner ("undersigned" or "owner"), hereby grants permission to the Miami -Dade County ("MDC") Department of Regulatory and Economic Resources (RER) and the State of Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property ("the property") located at 690 NW 13`1' Street, Miami, FL 33136-2327 as described in Attachment A attached to the BSRA for the brownfield site assigned the Brownfield Site Identification Number BF139801015, beginning on October 23, 2019, which is the date that owner acquired title to the property, and ending on such date as deemed appropriate by MDC or the successful completion of the BSRA, whichever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by MDC, the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist. b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by MDC and/or the Department and the like. c. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, MDC and/or the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. MDC, the Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. MDC and the Department acknowledge and accept any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. 7. In exercising their access privileges, MDC and the Department will take reasonable steps not to interfere with the Owner's operations, or the remediation and redevelopment activities pursuant to the BSRA. By: KTLC BISCAYNE, LLC, a Florida Limited liability company By: Kite Tax Lien Capital, LLC, a Florida limited liability company Date ignature of Witness Print Name: 1VL4-1 CUJNGFO� ibi '1')11 CI Date {00023937.DOCX. 1 } Site Access Agreement Brownfield Site ID #: BF139801015 October 24, 2019 Page 2 of 2 Accepter[_.` 11 C by the following authorized agent: Signatere-ef-Del7artment representative Print Name: , 'IcCt VDU 70 16-4 e e Title of D j artment representative Date it fi Ii IOQ023937.DOCX. 1 } Date Zl/l /I`i Exhibit E {00011414.DOCX. 1) CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program Contractor Name Toxicological and Environmental Associates, Inc. Date: October 14, 2019 Contractor Address; 495 Grand Boulevard, Suite 206, Miramar Beach, Florida 32550 Contact Name: Les Porterfield, P.E. Phone No.; (850) 269-6884 Brownfield Site ID #: BF1398010.18 Fax No.: (850) 269-6801 Contractor Certifies by Checking All Appropriate Boxes: 1. It meets all certification and license requirements imposed by law. 2. It performs or contracts laboratory analysis pursuant to National Environmental Laboratory Accreditation Program certification requirements and performs or contracts field -sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3. It complies with all applicable OSHA regulations.. 4. Has the capacity to perform the majority of the site rehabilitation program tasks pursuant to a.brownfield.site rehabilitation agreement or supervise the performance of such tasks by licensed subcontractors in accordance with Section 489.113(9), Florida Statutes'(F.S.). The person named below by signing as an "Officer of the Company" hereby certifies to the Florida Department of Environmental Protection (FDEP) that the , Contractor named above meets the requirements for contractors participating in the Brownfields Redevelopment Program [Section 376,80(6), F.S.]: Yes Il B•- c d I �� r. l; 01 Signature Officer of the ompany and Date Signed Print Name of Officer of the Company Pre S I Gel /ak. L f.eC.-i.—A-2% v o Title of Officer of the Company Contractors must immediately notify the FDEP (Brownfields District Coordinator, delegated local program) of any change in the above criteria. The FDEP may order a suspension or cessation of work for failure of a contractor to maintain their required certification. �o/iy/19 Exhibit F {00011414.DOCX. 1 } o rHEALTH State of Florida Department of Health, Bureau of Public Health Laboratories This is to certify that E86006 FLORIDA-SPECTRUM ENVIRONMENTAL SERVICES, INC. 1460 WEST MCNAB ROAD FT. LAUDERDALE, FL 33309 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples in the following categories DRINKING WATER - GROUP I UNREGULATED CONTAMINANTS, DRINKING WATER - SYNTHETIC ORGANIC CONTAMINANTS, DRINKING WATER - GROUP €1 UNREGULATED CONTAMINANTS, DRINKING WATER =MICROBIOLOGY, DRINKING WATER OTHER REGULATED CONTAMINANTS, DRINKING WATER - PRIMARY INORGANIC CONTAMINANTS, DRINKING WATER - RADIOCHEMISTRY, DRINKING WATER - SECONDARY INORGANIC CONTAMINANTS, NON -POTABLE WATER- EXTRACTABLE ORGANICS, NON -POTABLE WATER = GENERAL CHEMISTRY, NON -POTABLE WATER - METALS, NON -POTABLE WATER - MICROBIOLOGY, NON -POTABLE WATER - PESTICIDES-HERBICIDES•PCB'S, NON -POTABLE WATER - RAD€OCHEMISTRY, NON -POTABLE WATER - VOLATILE ORGANICS,SOLID AND CHEMICAL' MATERIALS EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS - GENERAL CHEMISTRY, SOLID AND CHEMICAL MATERIALS METALS, SOLID AND CHEMICAL MATERIALS - MICROBIOLOGY, SOLID AND CHEMICAL MATERIALS - PESTICIDES-HERBICIDES-PCB'S, SOLID AND CHEMICAL MATERIALS - VOLATILE ORGANICS Continued certification is contingen t upon successful on -going compliance with the NELAC Standards and FAC Rule 64E-1 regulations. Specific methods and analytes certified are cited on the Laboratory Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, PBox 210, Jacksonville, Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification status In Florida for particular methods and analytes. Date issued: July 01, 2019 Expiration Date: June 30, 2020 Patty A, Lewandowski, MBA, MT(ASCP) Chief Bureau of Public Health Laboratories DH Form 1897, 7/04 NON -TRANSFERABLE E86006-40-07101/2019 Supersedes all previously issued certificates State of Florida Department of Health, Bureau of Public Health Laboratories This is to certify that E87627 PACE ANALYTICAL SERVICES, LLC-HUNTERSVILLE NC 9800 KINCEY AVE., SUITE 100 HUNTERSVILLE, NC 28078 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples In the following categories DRINKING WATER - GROUP I UNREGULATED CONTAMINANTS, DRINKING WATER - GROUP II UNREGULATED CONTAMINANTS. DRINKING WATER - OTHER REGULATED CONTAMINANTS, DRINKING WATER- SYNTHETIC ORGANIC CONTAMINANTS, NON -POTABLE WATER - EXTRACTABLE ORGANICS, NON -POTABLE WATER - GENERAL CHEMISTRY, NON -POTABLE WATER - PESTICIDES -HERBICIDES -PCBs, NON -POTABLE WATER - VOLATILE ORGANICS, SOLID AND CHEMICAL. MATERIALS - EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS - GENERAL CHEMISTRY, SOLID AND CHEMICAL. MATERIALS - PESTICIDES-HERBICIDES-PCB'S,'SOLID AND CHEMICAL MATERIALS - VOLATILE ORGANICS Continued certification is contingent upon successful on -going compliance with the NELAC Standards and FAG Rule 64E-1 regulations. Specific methods and analytes certified are cited on the Laboratory Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, P.'O. Box 210, Jacksonville, Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification Status In Florida for particular methods and analytes. Date Issued: July 01, 2019 Expiration Date: June 30, 2020 Patty A. Lewandowski, MBA, MT(ASCP) Chief Bureau of Public Health Laboratories DH Form 1897, 7/04 NON -TRANSFERABLE E87627.36-0710112019 Supersedes all previously issued certificates BEFORE MIAMI-DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA IN RE: Rumasa Corp. Former Biscayne Chemical Site 690 NW 13th Street, Miami, FL 33136-2337 Miami Brownfield Area Brownfield Area Identification Number BF139801000 Brownfield Site Identification Number BF139801015 BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5), Florida Statutes (F.S.) WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public health and environmental hazards on existing commercial and industrial sites by offering incentives to encourage responsible persons to voluntarily develop and implement cleanup plans; and WHEREAS, Miami -Dade County ("MDC") has been delegated the authority to administer the Florida Brownfields Program on behalf of the State of Florida's Department of Environmental Protection ("Department") and administer and enforce the provisions of Chapters 403 and 376, F.S., and the rules promulgated thereunder, Chapters 62-777 and 62-780, Florida Administrative Code (F.A.C.), as amended; and WHEREAS, MDC has jurisdiction over the matters addressed in this Brownfield Site Rehabilitation Agreement ("BSRA"); and WHEREAS, the Department and MDC, through its delegation have the authority, pursuant to §376.81, F.S., to establish by rule, criteria for determining the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed complete; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, it is agreed as follows: This BSRA is entered into between MDC and Rumasa Corp., hereinafter the Person Responsible For Brownfield Site Rehabilitation ("PRFBSR") (collectively referred to as the "parties"), for the rehabilitation of a brownfield site within a designated brownfield area pursuant to §376.80(5), F.S. MDC and the PRFBSR agree to the following: {00023929.DOCX. 1 } Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 1. MDC The Department of Regulatory and Economic Resources (RER) is the agency of MDC with authority and power to enforce the provisions of Chapters 376 and 403, F.S. 2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION Rumasa Corp. is the PRFBSR as defined in §376.79(13), F.S., for the real property described in the map and legal description in Attachment A (the "Brownfield Site"), incorporated herein, that has been designated by the Miami City Commission in Resolution Number 98-242, approved on March 10, 1998, and expanded in Resolution Number 99-197, approved on March 23, 1999, as a brownfield area as defined in §376.79(4), F.S. Attachment A is a composite exhibit that includes: (a) the legal description and map of the Brownfield Site; and (b) the Miami -Dade County resolution with all attachments including the map of the designated brownfield area. The brownfield site consists of 2.63 acres. 3. PRFBSRS DUTIES The PRFBSR agrees: (a) to conduct "site rehabilitation" of any "contaminated site(s)" as defined in §376.79, F.S., whose source originates on the real property described in Attachment A as the Brownfield site. If such contaminated site(s) extend(s) beyond the boundary of the Brownfield site, then PRFBSR agrees to conduct site rehabilitation to address the entire contaminated site; (b) to conduct site rehabilitation and submit technical reports and rehabilitation plans in a timely manner according to the attached brownfield site rehabilitation schedule agreed upon by the parties (see Attachment B), and incorporated herein; (c) to conduct site rehabilitation activities under the observation of professional engineers or professional geologists, as applicable, who are registered in accordance with the requirements of Chapters 471 or 492, F.S., respectively. Submittals provided by the PRFBSR must be signed and sealed by a professional engineer registered under Chapter 471, F.S., or by a professional geologist registered under Chapter 492, F.S., as applicable, certifying that the submittal and associated work comply with the laws, rules and applicable ordinances of MDC and those governing the profession. Upon completion of the approved remedial action, a professional engineer registered under Chapter 471, F.S., or a professional geologist registered under Chapter 492, F.S., as applicable, must certify {00023929.DOCX. 1 } Page 2 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by MDC; (d) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as the same may be amended from time to time; (e) to obtain any local, state or federal approvals or permits required for the site rehabilitation work and to conduct the necessary site rehabilitation consistent with local, state, and federal laws, rules and ordinances. All site rehabilitation shall be consistent with the cleanup criteria in §376.81, F.S., the requirements of Chapters 62-780, F.A.C., Contaminated Site Cleanup Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels; (f) (g) to allow access by MDC during the entire site rehabilitation process, as evidenced by the attached documentation (see Attachment C) incorporated herein, establishing that such site access has been secured by agreement with the real property owner. Upon the transfer of any real property interest in any portion of the Brownfield Site before site rehabilitation is complete, the PRFBSR shall notify MDC within 15 days from the date that such an interest is effective. With notice the PRFBSR shall provide a copy of an access agreement in substantially the same form as that in Attachment C with any successor in interest to the real property owner of the Brownfield Site or with any party with a real property interest in the Brownfield Site after the effective date of this agreement, granting such access to MDC and the Department; to consider appropriate pollution prevention measures and to implement those that the PRFBSR determines are reasonable and cost-effective, taking into account the ultimate use or uses of the real property described in Attachment A. Local pollution prevention programs as well as state pollution prevention programs are available to assist in determining pollution reduction measures. The Department recommends that the PRFBSR contact RER's Division of Environmental Resources Management or the Department's Pollution Prevention (P2)/Waste Reduction Program at (850) 245-8707 or visit the P2 web site at http://www.dep.state.fl.us/pollutionprevention/aboutus.htm for recommendations on waste minimization and waste management and for assistance with pollution prevention measures. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include the goals for the reduction of releases of toxic materials; and {00023929.DOCX. 1 } Page 3 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 (h) that upon the execution of this BSRA the terms and conditions of the Consent Order with RER executed on April 9, 2005, only as it pertains to corrective actions on the contaminated site originating on the real property as described in Attachment A, will be held in abeyance and shall remain in abeyance, provided the PRFBSR is in compliance with the terms of this BSRA. In the event MDC determines that PRFBSR is not in compliance with the terms and conditions of this BSRA, subject to the provisions of Paragraphs 11 and 19 hereof, the PRFBSR agrees that the terms and conditions of the Consent Order shall return in full force and effect. 4. CERTIFICATION The PRFBSR certifies that he/she has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Documentation that supports this certification is provided as Attachment D. 5. SITE CONTRACTOR The PRFBSR must ensure that the contractor who is performing the majority of the site rehabilitation program tasks pursuant to this BSRA or supervising the performance of such tasks by licensed subcontractors in accordance with the provisions of § 489.113(9), F.S., has provided certification to MDC that the contractor meets the requirements listed below. If the identity of the contractor is known at the time of the execution of this BSRA, a Brownfields Redevelopment Program Contractor Certification Form (CCF) shall be submitted as Attachment E to this BSRA. If the contractor has not yet been determined, the PRFBSR shall ensure that the CCF is submitted to the RER Brownfield Coordinator and approved by MDC before the contractor begins performing any site rehabilitation tasks at the site. The PRFBSR must submit to MDC documentation as Attachment F, which shows a National Environmental Laboratory Accreditation Program ("NELAP")-recognized authority has accredited the laboratory(s) that will perform the analyses required by this agreement. Any contractor that performs site rehabilitation tasks at a contaminated site originating on the real property as described in Attachment A shall provide documentation in accordance with the provisions of the paragraph above and with Attachments E and F, if applicable, showing that any contractor that performs site rehabilitation tasks: {00023929.DOCX. 1 } Page 4 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 (a) meets all certification and license requirements imposed by law; and (b) performs, or has laboratory analyses performed, pursuant to NELAP certification requirements and performs, or has field sampling work performed, in accordance with the Standard Operating Procedures provided in Chapter 62-160, F.A.C., as amended, if applicable to performance of site rehabilitation tasks. 6. CONTINUOUS COMPLIANCE During the entire site rehabilitation process, the PRFBSR agrees to ensure that the contractor continues to comply with the requirements of Paragraph 5 of this BSRA pursuant to the requirements of §376.80(6), F.S. 7. VOLUNTARY CLEANUP TAX CREDIT PROGRAM Not all activities that are approved or performed in association with a BSRA are eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with Section 376.30781, F.S., only costs incurred and paid by the applicant that are either integral, necessary and required for site rehabilitation or for solid waste removal, are eligible for the VCTC. Contamination assessment or remediation paid for by the State of Florida for a discharge that is eligible for a state -funded cleanup under the Dry -Cleaning Solvent Contamination Program or one of the Petroleum Restoration Program's eligibility programs, may not be used to calculate a tax credit. "Site rehabilitation" means the assessment of site contamination and the remediation activities that reduce the levels of contaminants at a site through accepted treatment methods to meet the cleanup target levels established for that site. For sites subject to the Resource Conservation and Recovery Act, as amended, the term includes removal, decontamination, and corrective action of releases of hazardous substances. "Solid waste removal" means removal of solid waste from the land surface or excavation of solid waste from below the land surface and removal of the solid waste from the brownfield site. Nothing contained herein is intended to limit the VCTC otherwise available to the PRFBSR under applicable law. General information about the VCTC Program is available at http://www.dep.state.fl. us/waste/categories/vctc/default. htm. For specific questions regarding the VCTC Program, please contact the Department's Waste Cleanup Program at (850) 245-8927. 8. ADVISORY COMMITTEE The PRFBSR shall establish an advisory committee pursuant to the requirements of §376.80(4), F.S., for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and {00023929.DOCX. 1 } Page 5 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 environmental justice. The advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. However, if an appropriate local advisory committee already exists, this committee may be used for requesting public participation and for the purposes of complying with this paragraph. The PRFBSR shall provide the advisory committee a copy of the final proposed draft BSRA and a copy of the executed BSRA. When the PRFBSR submits a site assessment report or the technical document containing the proposed course of action following site assessment to MDC for review, the PRFBSR shall hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. The names, addresses, contact numbers, and applicable affiliation for each advisory committee member is included as Attachment G. 9. INDEMNIFICATION The PRFBSR shall save and hold harmless and indemnify MDC and the Department against any and all liability, claims, judgments or costs of whatsoever kind and nature for injury to, or death of any person or persons and for the loss or damage to any property resulting from the use, service, operation or performance of work under the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or its employees, agents, contractors, subcontractors, or other representatives, to the extent allowed by law. 10. LIABILITY PROTECTION The liability protection provided under §376.82, F.S., shall become effective upon execution of this BSRA and shall remain effective, provided the PRFBSR complies with the terms of this BSRA. 11. TERMINATION If the PRFBSR fails to comply with this BSRA, MDC shall notify the PRFBSR and allow 90 days for the PRFBSR to return to compliance with the provision at issue or to negotiate a modification to the BSRA with MDC for good cause shown. If an imminent hazard exists the 90-day grace period shall not apply. If the project is not returned to compliance with this BSRA and a modification cannot be negotiated, MDC shall terminate this BSRA. The PRFBSR may terminate this BSRA at any time upon written notice to MDC. {00023929.DOCx. 1 } Page 6 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 Termination of this BSRA by either party will revoke the immunity provision of §376.82, F.S. Upon termination of this BSRA, the Consent Order with RER executed on April 9, 2005, will return immediately to full force and effect. 12. IMMINENT HAZARD Nothing herein shall be construed to limit the authority of MDC to undertake any action in response to, or to recover the costs of responding to, conditions at or from the real property described in Attachment A that require MDC to take action to abate an imminent hazard to the public health, welfare or the environment. 13. RELEASE OF LIABILITY Upon successful completion of this BSRA as evidenced by the issuance of a Site Rehabilitation Completion Order (SRCO) for each contaminated site originating from the real property described in Attachment A, the PRFBSR and his or her successors and assigns, shall be relieved from further liability for site rehabilitation as described in paragraph 3.a. of this BSRA to MDC and third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site(s). MDC will release the Respondent to the Consent Order with RER executed on April 9, 2005, and his or her successors and assigns, from its corrective action obligations pursuant to the Consent Order for the real property covered by this BSRA upon issuance of the Brownfields Site Rehabilitation Completion Order issued pursuant to this BSRA. This release of liability is subject to the reopener provisions of §376.82(3), F.S. 14. GOVERNING LAW This BSRA has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida and any applicable local regulations. Wherever possible, each provision of this BSRA shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this BSRA shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this BSRA. Any action hereon or in connection herewith shall be brought in Miami -Dade County, Florida. 15. SUBMITTALS The PRFBSR shall submit one hard (paper) copy or one electronic (digital) copy of any certifications or documentation required in Paragraph 6 ("Site Contractor") {00023929.DOCX. 1 } Page 7 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 above, and all data, reports, responses, addenda, or modifications to reports and plans required by this BSRA to: Wilbur Mayorga Chief, Environmental Monitoring & Restoration Division MDC Department of Regulatory and Economic Resources 701 NW 1st Court, 4th Floor Miami, Florida 33136 MDC encourages the submittal of documents for review in an electronic format rather than the submittal of paper copies. All electronic copies of documents shall be in the format listed in Section 8 of the Instructions and attached as Attachment H. Time frames for MDC's review of technical reports and plans and submittal of documents by the PRFBSR shall be governed by the attached schedule (see Attachment B), incorporated herein. After final MDC approval of each report or plan, an electronic copy shall be submitted to MDC within 30 days. The electronic copy of the report shall be submitted in the format listed in Attachment H. 16. DOCUMENT REVIEW During the site rehabilitation process, if MDC fails to complete the review of a technical document within the time frame specified in this BSRA, with the exceptions of "no further action proposals," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation, the PRFBSR may proceed to the next site rehabilitation task. However, the PRFBSR does so at its own risk and may be required by MDC to complete additional work on a previous task. 17. FEES MDC may charge and retain applicable fees for use in supporting the administration of the Brownfields Program. Any such fees shall be charged in accordance with the current fee schedule that has been reviewed and approved by the Board of County Commissioners. Nothing in this provision shall preclude MDC from charging and collecting administrative fees, investigative costs, or other costs incurred by MDC resulting from performing enforcement and compliance functions. Nothing in this Agreement shall prohibit MDC from seeking penalties, damages, costs, or attorney fees as provided by law or ordinance. All civil penalties and damages recovered by MDC shall be deposited in a separate county fund which shall be used as set forth in Section 24-31, of the Code of Miami -Dade County, Florida. 18. ASSIGNMENT f00023929.DOCX. 1 } Page 8of14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 The PRFBSR shall not assign any rights or responsibilities under this BSRA to any other party without the written consent of MDC and the local government with jurisdiction over the real property described in Attachment A. However, MDC shall not withhold its consent to such an assignment if: (a) the proposed assignee meets all of the eligibility criteria under §376.82, F.S.; (b) the proposed assignee has agreed, in writing, to assume all obligations of the PRFBSR under the terms of this Agreement; and (c) the assignment of PRFBSR obligations under any agreement with the local government with jurisdiction over the real property has been approved, in writing, by the local government. 19. WAIVER By entering into this BSRA, the PRFBSR waives its right to challenge the contents of this BSRA in an administrative hearing afforded by §120.569 and §120.57, F.S., or an appeal afforded by the terms of §120.68, F.S. This BSRA does not deny the PRFBSR a right to challenge MDC's actions taken pursuant to this BSRA. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this BSRA, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 20. EFFECTIVE DATE AND ADMINISTRATIVE HEARING This BSRA (Order) is final and effective on the date of execution unless a timely petition for an administrative hearing is filed under §§120.569 and 120.57, F.S., within 21 days after the date of receipt of notice of agency action. Upon the timely filing of such petition, this BSRA will not be effective until further order of MDC. The liability protection for the PRFBSR pursuant to §376.82(2), F.S., becomes effective upon execution of the brownfield site rehabilitation agreement. The procedures for petitioning a hearing are set forth below. Persons other than the PRFBSR who are affected by this BSRA have the following options: (a) If you choose to accept MDC's decision regarding this BSRA, you do not have to do anything. This BSRA is final and effective 21 days after the date of execution. (b) If you choose to challenge MDC's decision, you may do the following: (i) File a request for an extension of time to file a petition for hearing with the office of the Director of MDC RER at 701 NW 1st CT, 4th {00023929.DOCX. 1 } Page 9 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 Floor, Miami, Florida 33136 within 21 days of receipt of this BSRA; such a request should be made if you wish to meet with MDC in an attempt to informally resolve any disputes without first filing a petition for hearing. Or (ii) File a petition for administrative hearing with the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136 within 21 days of receipt of this BSRA. Please be advised that mediation of this decision pursuant to §120.573, F.S., is not available. How to Request an Extension of Time to File a Petition for Hearing: For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., MDC may grant a request for an extension of time to file a petition for hearing. Such a request shall be filed with (received by) the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at the time of filing. Timely filing a request for an extension of time tolls the time period within which a petition for administrative hearing must be made. How to File a Petition for Administrative Hearing: A person whose substantial interests are affected by this BSRA may petition for an administrative proceeding (hearing) under §§120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed with (received by) the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, within 21 days of receipt of this BSRA. Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing. Failure to file a petition within this time period shall constitute a waiver of any right to request an administrative proceeding under Chapter 120, F.S. Pursuant to §120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for administrative hearing shall contain the following information: 1. The name, address, any email address, and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any; the PRFBSR's name and address; the Department's Brownfield Area and Brownfield Site Identification {00023929.DOCX. 1 } Page 10 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF1398O1O15 Numbers; and the name and address of the Brownfield Site; the name and address of each agency affected; 2. A statement of when and how each petitioner received notice of MDC's action or proposed action; 3. An explanation of how each petitioner's substantial interests are or will be affected by MDC's action or proposed action; 4. A statement of the disputed issues of material fact, or a statement that there are no disputed facts; 5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of MDC's action or proposed action; 6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of MDC's action or proposed action, including an explanation of how the alleged facts relate to the specific rules of statutes; and 7. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes MDC to take with respect to MDC's action or proposed action. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that MDC's final action may be different from the position taken by it in this BSRA. Persons whose substantial interests will be affected by any such final decision of MDC have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. 21. JUDICIAL REVIEW Except for the PRFBSR, any party has the right to seek judicial review of this BSRA under §120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida Rules of Appellate Procedure with the office of the Director of MDC RER at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed with the clerk of RER (see below). {00023929.DOCX. 1 } Page 11 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 22. CONTACTS FOR GENERAL AND LEGAL QUESTIONS Any questions about the content of this BSRA, MDC's review of the BSRA, or technical questions should be directed to MDC's Brownfields Coordinator at: Miami -Dade County Department of Regulatory and Economic Resources 701 NW 1st Court, 4th Floor (305) 372-6700 or to the PRFBSR's representative at: Michael R. Goldstein, Esq. The Goldstein Environmental Law Firm, P.A. 2100 Ponce de Leon Boulevard, Suite 710 Coral Gables, FL 33131 (305) 777-1682 Questions regarding legal issues should be referred to MDC's County Attorney's Office at 305-375-5151. Contact with any of the above does not constitute a petition for administrative hearing or request for an extension of time to file a petition for administrative hearing. 23. ENTIRETY OF AGREEMENT This BSRA represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this BSRA shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this BSRA, unless otherwise provided herein. {00023929.DOCX. 1 } REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 12 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF139801015 IN WITNESS WHEREOF, each of the parties has made and executed this Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each representative below: Jack Osterholt, MDC Deputy Mayor, or his designee, and Rumasa Corp., the Person Responsible for Brownfield Site Rehabilitation, signing by and through Francisco Martinez-Celeiro, duly authorized to execute same. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION By: (PRFBSR Aut orized Signatory) Francisco Martinez-Celeiro, President) Date: 05/21/2o1i 555 WE (Sill lr + e t (Address) /tram! FL 3132 y o 0 (City, State, Zip Code) �7f-5050 (Telephone) MIAMI-DADE COUNTY By: Date: Deputy IvinURICr L. KEMP UE PU-I Y MAYOR MINAI-D/\ E CTY. FL (IP (P1( Approved as to form and legality: MDC ssistantty Attorney c,,, &-keive ,, a w(,..0 (Print MDC Assistant County Attorney's Name) FILING AND ACKNOWLEDGME on this date, pursuant to §120.52 Florida St , with the designated RER Clerk, receipt of wli h1Is hereby cnowledged. Clerk (or Deputy Clerk) /( Date: �� i cc: Carrie L. Kruchell, P.G., Environmental Manager, FDEP, carrie.l,kruchell a(�.dep.state.fl.us. Diane Pupa, Program Administrator, FDEP, diane.Duba@deD.state.fl.us Paul Alan Wierzbicki, Professional Geologist III, FDEP, paul.wierzbickira'�.dep.state.fl.us Sandra Rezola, Brownfields Coordinator, RER Michael R. Goldstein, Esq., Environmental Counsel to Rumasa Corp. (00023929.DOCX. 1 ) Page 13 of 14 Rumasa Corp. Brownfield Site Rehabilitation Agreement Brownfield Site ID # BF1398O1015 List of Attachments Attachment A Local Government Resolution for the Brownfield Area and Map and Legal Description of the Brownfield Site Attachment B Brownfield Site Rehabilitation Schedule Attachment C Site Access Agreement Attachment D Certification of Redevelopment Agreement Attachment E Contractor Certification Form Attachment F Quality Assurance Certificate Attachment G Advisory Committee Members Attachment H Format for Submittal of Technical Documents {00023929.DOCX. 1 } Page 14 of 14 Attachment A (OOOO2394.DOCX. 1 } Pr. • 117, •. EXHIBIT " A " snot: •a' swain et eha schwa -se ear:At of S• V! l21 avlor Co'corae:)•t SVaat7tSWCN, aC4ar314 'to pint ekaraor !.card..! La not Soak 31,'h31d 24, ad tha PWlle hoards of bads Cooney, 471ad4da. and too Yerth,alatq Lot Last boo:sto y lino of Worthirsot 7th Araeud, X1, i, Florida, is 3,w situated. 44.4.0344 at 411.13 test to ya yokot at bagiaaisq of t`J4 tract of lo:d bafein dose:lS*6 eel= rsa ZsaL * dittoes' of 100 !tat pa.•titia1 to the lamb Liao wet% 13th SL-'.at, it.0 ..i, Tlorida, as cw situated, to a paint' shoode:tsn dterth.s d, •T.• _te 41f 10.01 It is the tart 'ha:ada.7 1.LtW of sarthwlmt 7th x7aeua, ltiaw, riatlda, doe cow situated to the South lima of Nett/'wens 3]eh $ezatt, !time!, S1aa, ae now situated! thesce eon Nest a 41stasea of 100:toot almn4 tha tooth line of llorthoolt lleh £1ast,•14isoL, Flarifs, as row situated, to olpoLntr thane* tooth alono tTo ,Lame :lte of otats'r,est 7cSNeu4oe, 1411114, Plettda as new sheeted, to thy pain: of bagirminli 1yl q osd Naito la Niaaat, Dada Cou.'tCy. ,tondos together with say Larrov4oetto lop:dd eS.-mine • 9e1121 at thn 1a:thwe:t comae of seedr.J A'anoz c oc.o=..12, erso rlaxoa, acearW4'to plat theme: :*carded is Flat Soak 31, Pave 14, of the dthilc htcar4a C: D 44 Cowart. Florida, mad f;n north a.i0:q 0.4 :ar. hcetelarl of North - vent loft /*taus, YSaa4L; S'rr�dm, as nay 4Rtuasad. a dia- anea a' 21143 fast to the sroixC of boofeefrtq of !,act of ;and he:tie dearrib4d4 trots 4h'a toot, a�flo- ta:.ta a1 100 teat parall*1 r4 oho Sau14 11oo of nor:.'1- U41t lick. asset, rits.d, Florida, so rrov *imam! to a Point; Menus run Borth a Gist ato of 100 feet pats iti to the Lift Woadsry WI* or'' t t 7th /wow. nisei., rior144, as aro sLtnat*d: theses ra'+ Ws.e a dlst„Kca 100 feat parallel to the Soaeh ila4 a: Notthu.at 1.3th Strait, 4ita;,.t, Florida. 4■ sew situated, as&d pelaqbeiag •404,1 fiat` Soundar7 limo of Nerrt'aec Tt1' i gtoe. 1U,atn.i, .nlorida, as ncv situated: those* al= Soak 3S0 last 4lany :Om cast bousdaay 1.1.ta of NortWacit 7ts.Wood.. MAW. AY.lorlda' sa nos situated, to the pole! of 4aslnnials 1yy1n9.4e0 betty !a UAW., Soo* County. rlotifs: weethe: •..AA..ny I-vsov*adnts Loeaud tkars.ns • 'taco •e• .Bags at, the Northwest C ,*4 of 7.os *11' of S7.v7 'F aMG£ . ,CCLL'A C3k•, S.is1511X5:ON, otteelLhy to plat getout tomcat is;Plat nook 31, Page 24, of the Tabu' ascorec of G4dt •Coaeny, P1oeida, and MO Nosek atolls tss Last bstsSarl f Lino ofllrorthw.at 7ch 1lvcaoo, !coal, r1orL34 . a diataeira of 211.13 leer. to a point, and the044 Fell mart par v'_ e: to Lho youth 51na•a: northwest 1.3th gimlet, s4Lai. rlatifs, a Alamo( of 3.44 lost to tha potat a1', FoginoLq of the !rant o: load We - '"••tar dais iasa4s thence continue Last pa--allq^ to the South 1Lsa oL•!d`chyast 13:.h Stteat afore/aid to t1. vets bo+mdas7 ism of the rigbL.oC 3ts7 tot .L`a saabaatd 713: ,X.laola'a .foll.eo.dt !:..mats Nertiwe3tak1y along the !!Oahe::'+ brads_efir !ilea of tie right-af-vsy of the Seakoa:t ALI..rinr'-da ::.=esE to a eosorots aaan=orat L•�'.1 cad4w+�.ht bo nq 204.31 sae tooth of .the yooeh.tine of niarthwaat 13th Sweet &areeaddj: thence scam north aleag the lidos baandhey Lbw of sold rieht''of-vey at' 8taboe.-d 3,LL y1orL:a l4rlL-•mad a diataars of 704.37 tea: to th■ tooth lint of Narthvadt 17th sz:aat af.ates4Ld3 boas. tell West along the south. hoasdsrf Una of 0er^Srsat Il:k atraat aforw3ld a distsate ai 117.34 twti thanen rm south • diatancs of 340 taws to the 7o1:•t of boti"v;a lylaq and bang is 1Liard, sf.`_`� tide Coca- , t1ctida: higsthor any 'laproocaanes !sewed therm,, :$ CT '0' Far the paint of boq,'.hots/ comma'* 14 het Uat41 a• the Yarthrest *sow of Lot of 0-ri=70 A7RICF CGOei3et74; =argue's. aceoraiaq to the 71a: elated roccldgd ih 'Slat Book 31, Pa9a 11, of toe 7r11114 lotted! of Wit Couar/, rlorl,ds, thsnca con Forth slaeq she not 4eetd* j lima of ILorthorse 7th Avsal3s, 3L'adL, F,4ri4e' as :.sow alegatad, ■ &stone* of 101.33 cost! •t1aaaa •ran i'a fale1.d , as1E* Seuch :l.nr of Nort.'2411 :Job Street, ft.aai„ sit doted, to 1.hC nest S44444 F Una et the rigtll~e= vat o: the ses:oart All Tlaeid3 seed sad as mar slttotadrthaeas tun Southeasterly alaeq oho nEstsely boecgLira of the :fight -et -way of tho SonhoLtd All Florida ntilsoad. #. env eiecaned to a point don .ant of 14o asks e- bgi.soLaKr t4aace run Yast pa=*llal with ,:he tooth Lite of Northwat 13th Streit, 1W.xF, T1orifs, ad tow elcaatt4, to th. *oat af.taegias-•'11; lytaq and taco .a x:eai. ead*easaty, nerids, • • iT. • { 164 iP L;w�Gi'1; S'� as t ..ta�lci 1Ft.110 en, 20579PG2870 cE,rw V14 Prffavr EXHIBIT A 3 1 1 .i▪ a,▪ ki F' ;fn+ i la0' 240' 360. SCALE: 1: 120 FP ENVIRONMENTAL PROPERTY AUDITS. INC. 131[086CATN6 R4w, EuDB441 uw¢Fl.vle1 wn4arous z LEGEND ‘_RUMSA CORP. BROWNPIELII SITE POLIO NO.: 01-3136-037-0300 PROJECT: 4185181 RUMSA CORP. 690 NW 13TH STREET MIAMI, FL 33136 FIGURE: 1 RUMSA CORP. BSRA SITE MAP SHEET TITLE: DATE DRAWN BY: SIZE: SCALE SIU19 BRW ANSIB0TXI17 AS SHOWN J-99-183 2/1?%09 RESOLUTION; No, :: 99 197 A RESOLUTION' .OF THE •MIAMI ;;CITY .COMHISSION, WITH ATTACHMENT, ; EXPANDING :!THE BOUNDARIES. :O Tlll CITY OF MIAMI BROWNYIELDS. ASS. TO INCLUDE ARIAS DETERMINED To i{AVE$ RELI.EVEiTOPMENT POTENTIAL AND ": A ::;;CRITICAL LASED: FOR ENVIRONMENTAL REMRDIAT:IOM AND REHABILITATION, ION, INCLUDING THE EMPOWERMENT ZONE .A D ADJACENT • AREAS, AS ILLUSTRATED ON EXHIBIT A, A TACKED HI RETO AND 'MADE A PART HERsor. WHEREAS, 376. 77-3.76. 84, Act), for the. the State of 'larida. hes ProvLded. .:n: Sections V1vra s e Statutes The BT,cawnfields •Redeve10 vent. designation, by. eso1ution, of contiguous areas consisting of'one or . more browazields :sites :to be known as brown€ields areaa,and for the provision of environmental. remediat,ion, reiiabil tat b and.. economic ; development : of such areas; and W LERJAE, brownields ;Sites; contain abandoned, iti1ed, or underuseci industrial and co nerc ial. properties where expansion:; or redeveiopment.. is complicated by 'real or perceived :environmental. contamination; and wEEREA.s, the Florida Legislature .,recognizes :that; the United Stated Environmental :Protection :Agency .has created several pilot projects for redevelopment of brow field areas to . gather:: Y COMXISSION METING OF MAR 2. 3 1999 8. - 107 and economic development, and (4) whether the brownfieLds .area contains sites 0r parts; sites' suitable for limited recreationa7open spaces, .cu1torel,., or ;historical preservation purposes; NOW, TIER.IiRORIi,, BE IT RESOLVED BY THE COMMISSION 'OF T R CITY OF MIAMI, FLORIDA: Section. 1, The findings contained in the Preamble to this, .1teso1ution: are hereby adopted. by reference thereto and .incorporated,.herein as if fully set forth in this Section Section 2. Tile Miami. city Comedmsion kiereby. approves expanding the boundaries.ot the, Of Miami ownti1dn Area to include areas deterslined to have redevelopment Potential and a critical need or environmental 'renLedi.ati.on and rehabilitation, including.the .Empowerment`;zone:and adjacent areas; an illustrated on Exhibit A, attached heretoa.nd made a gait hereof , Section 3. The .expanded area as depicted on the attached Exhibit A, is hereby desi.giaated. :as a Brownfielda Area for. remedietion and 'rehabilitation purposes. as..set forth in Section 37 .77-376.840 Florida Statutes:. Section 4. The City Manager is hereby authorized to notify the Florida Department `af Bnvi,ronmental Protection of the City°s decision to expand and designate a prownfielda ,Area to include the Umpowemment Zane and adjacent areas, as iIlust ated on the attached Exhibit- A. i24 9 ; CSK � t h 1e Mayer daeg: pest gkon this nesalutio", it :shall become attactiva .e� the end at tan calendar :dmye #,rom the. data it, wa� '.Natsaed :end tidaipti0; it the Mayor Vk t"i this R&S.iltltiO k, . it OhAll bet?ome 'effaoCiVe iEIlm6CIiaCely :lipCllti -override of the vlat. 7 by the -. 6�ty icon 1 iggoion' 1.97 Exhibit A; City of Miami Br©fields Redevelopment Area eca 1 04/09/98 09:21 V305 372 6729 DURM SENT fly -'COW PC -AN REV ASSET MGM; 4- 8-58 ; 2:27PM Tijit 1 i i.04 i 14002 CITY OF MiA.vf, 305 372 67.25;g 21 6 W . 0 :k ' � 5►8.26� • . , RESOLUTION No. —A&-• g j 2 , A RtES03.EMON, W1111 AT ACI NTr .Oi~SIGNATINC3 A IBROWNi 1ELD$ AREA IN 1 CITY OF Ni40. FLOA4.DA, TO MODE THI WYNWOOD BROW W11.D5 kbT J?1k0=T AND CERTAIN AA, -AS W1tHW OvIE�towri AND A'LLA?ArrAJ� FOIX THE PURPOSE W tYIRONl4i�3N1'AI. >A.EM£tJwridAi. BoixB urATION AND ECONOl1OC DEVELopk -. ifi'Ei Ir R AUTHOPI - CI ;1 CITY ' m"Am To NQr'wt THE ftoxIDA i7F.!*AATmmT OF • FNViRONWWAi,#AaMCTi'ON OF SAM b9STONATION WEMAS, the St,to of Florida bu provided in Ch. 97-2VAaw4 alrPlarWd; w4fled-as ftalbna 376.77 376.94. Florida Statutes, for tine disixulian 63i rsf Aufi�n of Certain t:orftuouz are" ronsi*4ig of Q4t or mcr* Browm%lds sites as "Bro elds ArtW, itsd f' r tho Barre or nS prpvi>sl©e ctt'Mr►vitanrrienrrl resttedi>rrian, rei fitstioa and teat Wr. a veloprriem �r such vW. and WHEREM, the City of Mari wishe,3t6 notify the Florida Depsrtmt of PAviranmeniat , Ovatecrioa of its dscidoA to Memo a Erownfietd,s area for r4mcdattiov. relsibilkation snd ; scattotnic *velopmem AN this �urpoacr sst forth In Sections 376,77 376.24. North Statutts-.-&A4'- V01MREA3, the City of kaml hos prstvtausly dtsij t atad a Arownfields Pssnt Mica pursuant to tim Envirorsmatstst Protectica Agemy Browntei$s initiWvt, the delinsetion.of vrW h is to be irsclttded in the Ores proposcd far desip.26an under StOons 376.71-176 $4, Florida 5t tut+pa; vW AT1AtNMENT (S) SOMTAiNEC CR"! •Cd90vft'Otf xvrmo or mefoi8 Kead"'04h No. 98- 242 9 0,4/U9/9$ 09:22 V305 372 672+9 aCRm O003 SENT BY;CON PLAN REV/ASSET WA; 4- S-BB 2 28P,11 CITY OF iifJA,kI- SOS 372 6729; $ 31 6 i ;y V► WREAS, the City of Mishv hst a4ditiana.11y eonai erect .ttta ttitat4a Not forth in &e dpn 276.90OX&P-4, Florida Ststutet, ttunely: M whsthei tW prcrposad 8rgwn11eld1 Area w fit and hips a reasamble peatemw foe kick sctivltittt, CHI Qcthar Me Bjovi r"ItIdi Mee representi,'i `ressayabty focused an sppmub d ia'irot overinSaograpiiQ 4, (iu� 'whohei titii '`8=owrpQtid c Arwt hfs Pate t�sr to i:iftrst+t .the 'privste Pectoc 4n' 3 ` P pi i to rstnrcllsn ,i.l,cbiGtsdan and eci$4�c "dove o¢TOM itid' (is+I rfueii+ar. `the i wnlie�ds,Ates epeueiisti errs or,psrts or sites sultibis ibrliririted rimmlovid apart apaoir ' cwtultt, Pt histadcA pre4 waa pttf,pbAW rind AFj IRRAS, the deiljnsted .IkownUds Area 'dxpindtt`: from the BPIF.-dsifilm ed raw IeWs'MAS IPtrojtQt tin 1N�rirwt>oc to iteciuda'pu U ofQveetQWii W4 A3apitta.N;'ind .1 ff,I1.PAS, the, prvcadwrs; fet i`orth 1i Stedox 166.04 1, Florida Stitutes, hove 6"tt r ; Oligvirlod, aitd oapac rtolree hu ban provided la accvrtl wail; Secdom. 376.100) And 1 Now, '1'NEW41 OF- AT RESOLvrb BY'tim colAtssrow ar tm C[TY 01 ,MSAMI, InI,01 DA; ' S�cuorj t. The teciteli'and 091:at fiwth in tM Pr wnble to this ResoiadOn acre ;her4y idopt*A by ref rw4 ti+ereto and inGorpo*ed End as ifilt y sat fakh in hits section. Sectian 2. ' 114 v a depicted on "E"it A",'aitscltrd twirclo aril incorpnrilcd ketem by reference. Is booby dc43n*ed as a SrowrnUds Area for , er;vironCHetSts! rernediyti reltabitiWon &0 eronomic do4op(rttnt far the parposes u fat forth bt Spct;ans 376.77-376.14, ! nadda Statutes, ur4ar thi Callvwin's rerma and condillaw a. The City of xfwW shall be ibe Way tis*.Alc tat the Erownlielda Met► site remadlatlort and fchabil$stiort pursuant. to' Seetidn 376.1s !), -ROMA Statutes. `� 9$- 242 04/09/98 09:23 V305 372 6720 SENT BY:COM PLAN REWASSEr MOM; 4- 8-138 ; 2:29PM ; T. U lK ,,. 1 a . B 15 DERA CITY OF MIAMI Q004 305 372 6729;# 4/ 6 1-.!04 �;owr++ert d such ts'gs�a tion INStfot fender the City at �snd jiable for o0su of sits r tdistior � }y ijitttinn, and economic dcv0jopM4At at' $QUM* those lams ate dcgued i�i Sect 3�G,17.37d.sl�,'>"rlarid 51ttstis. trot render the City of 14" hl�bia &r costs of` site b. such ctosi�,rtstion shill L . linlian erannr�ia devalaprt►ant or fourC 0 remavat, s those rMedis6on, ii.h r ixt seetlan 376.79(f4} rrid (ISi�100,L Stitutas, of for any other . iecm3 ari defined .; :.. those eottr attributsic'a the City ofunr"a rot..at costs, i6ovo idd bsyancl , Brownfl s Area sits remed'aakian ind reJ ,vrrudon program • 'adertieuttrstnr�i��'�, , . • � • . and as a pr,op�Y ' • Qwaee' wiChltt t�'dr'si�nawd Brown�etdti Arts- •�' as,titiasixed,to;notiiyjtha F4orlda )Llepnt'tmer>t of sw6cd 3, the City► M�;cr u hereby 1 of 14s�"s dtoiaran to dasipiw Y Browr'tt6elds Area T . �nvit'otrma►ual �rotetebon Qf the City .: . � ronoftis developn�l fnr fhe trposae titJt forth in tjary iamad�tidn, »hid�iiiraruott sn� . 374,77.376,14, Florih.0t.Atutes. n. OW b wme eRersive `vrtI0414telr soiuuon s>upon its eduptio • -,section 4. 1998_ ' pA S66 AND ADOPTED thiti 1'0 'h day •of u � r�r, _ _ _ V►WRL- S MAY" p* www dd to v0si is sppmd Cl ' ppe ion r�Ih � in il+r d P�taes P* "Id lagletatirarl W walswrt d ten (10y !raft RA lots d Comrifiso a 6 10sews wM tM a*" dir�p sstrrti'+ 1tw l Ws J. F IV as* A`IT"T' WALYER L FOEMAK C(tY C1,M f w ,3 - 98� � 2g1 04/09/98 09:23 V305 372 6729 GERM ~ 005 sM BY--Com PLAN REY/AS5ET MGM; 4- 8•-98 2:29R, CITY OF MIAMI- 305 372 8729;# 5/ 6 r►, �� .f4F:PltR�p AND APP' gYEp BY: APPRovto AS TO FOAM! ND doRuc S. lAe /01A K .Li.Y A1�S L IRIDWARD LL• A,$Si3?ANT CCTV A'TTT RNZ Y kCM CITY A �RNIrY t J . 4 - y 1 . - • � ago � m City of"'ML •Brawnf*lds RedeveWpme�tt Area c O .• W �I N �P hi 1 • N � a J [a b :C} r 5 H 17° t,EW OESGRIPTIdN the CKV *l 0".smwh5 idq *w IA uefrnd tl+� bi !etlbrlr+4Lor�rrdslax: A 0 GarW by Wo raft WO the Eft1-Wvd camirtioR at go 1.105 Exlroom ;ll mom in a wpam* *ocean and. a Rrer! the oanr4 w of and t O Ex OW-V imwoww; SArn'Inilou r pr(yrb'eFyl1fo11 woo torlt 00wh.w !w bo�wdrry liar MMh et M+L+�AIt� SYwl: M.a' Fo1a • wwlary 4rsdan.b lAW 2H1 AwWs praawdgp lh a wsulfwy ,ati OlridollYMNw;IMMrMawOr1»+wwl�riq}p.MiM+W��aMw19 wrrai<;IMrii4w�w(j1 d�«tianroti�lllSva.i'lt�nwlulr{owaaRl�erye.f>1n1r11n1►lal�t!IIh�WeG'�p► • o 0 rn J-98-375 3/27/98 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING AND ESTABLISHING THE 13ROWNFIRLDS ADVISORY BOARD ("BAB") AND SETTING FORTH AND/OR PROVIDING FOR: PURPOSE, COMPOSITION OF MEMBERSHIP, TERMS OF OFFICE, QUALIFICATIONS, DISQUALIFICATION, FILLING OF VACANCIES, SUPPORT PERSONNEL, FINANCIAL DISCLOSURE, FUNCTIONS, POWERS AND DUTIES, AND GRIEVANCE PROCEDURES, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE. WHEREAS, pursuant to Resolution No. 98-242, passed and adopted on March 13, 1998, the City Commission designated a Brownfields Redevelopment Area within the City for the purpose of environmental rehabilitation and economic development; and WHEREAS, pursuant to Section 376.80(4), Florida Statutes, the City is required to establish an advisory board for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the Brownfi.elds Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice; and WHEREAS, said board must review and provide recommendations to the City Commission regarding proposed site rehabilitation agreements; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1.. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference 'thereto and incorporated herein as if fully set forth in this Section. Section 2. Establishment. There is hereby created and established a board, to be known as the Brownfields Advisory Board ("BAB"). Section 3. Purpose. The purpose of BAB shall be to ensure effective involvement in an advisory role in the planning, implementation, and annual assessment of the rehabilitation and economic development activities within the areas designated by the City Commission as the Brownfields Redevelopment Area, with regard to future land use, local employment opportunities, community safety, and environmental justice. Section 4. Composition. (a) BAB shall be composed of seven (7) members and one (1) alternate member to be appointed as hereinafter set forth. Members of BAB shall be persons of knowledge, experience, mature judgment and background having ability and desire to act in the public interest in order to make informed and equitable decisions concerning the'Brownfields Redevelopment Area. Towards that end BAB shall be composed of: (1) three (3) persons who are residents within or reside in an area adjacent to the Brownfields Redevelopment Area; (2) two (2) owners of businesses within the Brownfields Redevelopment Area, who need not be residents of the City; 2 (3) two (2) representatives from the private sector with businesses, not necessarily'opekating in the Brownfields kedevelopment Area, preferably in banking, land development, or real estate, who need not be residents of the City; and (4) one (1) alternate member. Section 5. Terms. Members of BAB shall be appointed for one (1)year terms. A member may be appointed for not more than two (2) consectitive terms. Section 6. Procedure for Appointments. No appointment shall be made by the City Commission to membership or alternate membership on BAB until the Commission shall have given notice in a newspaper of general circulation in the City of the vacancies at least thirty (30) days prior to the making of an appointment, and shall have solicited and encouraged the public and professional or citizen organizations within the area having interest in and/or knowledge of the Brownfields Program to submit names of persons and their qualifications for consideration as prospective appointees or -alternate appointee of BAB. At least ten (10) days prior to the making of any appointment, the City Commission shall cause to.have available to the public, and shall publicly make announcement of the fact, that the list of names thus submitted, together' with a short statement of the qualifications of each person, is prepared and available for public inspection and consideration. In reaching decision on appointments, the City. Commission shall give due consideration to the names thus submitted. 3 - , . In addition, the City Commission shall, at least ten (10) days prior to the snaking of any appointment, cause to have available to the public, and shall publicly make announcement of the fact., that the names of prospective nominees submitted by members of the City Commission and a short statement of qualifications of such persons are available for public inspection and consideration. No person shall be appointed to membership or alternate membership on BAB whose name and qualifications have not been made publicly available in the manner set out. Section 7. Qualifications, in reaching a decision on an appointment to a vacancy on BAB, the City Commission shall give due regard to, and be guided by the necessity for representation on the Board, of. (a) Geographical sections and areas of the Brownfields Redevelopment Area; (b) Social, economic and demographic characteristics of the City; (c) Qualifications, background, experience and abilities of appointees to fulfill the duties and responsibilities of board membership or alternate membership; (d) Prior demonstration by prospective appointees of interest in and concern for the Brownfields Program; {e) Other activity evidencing knowledge and interest in the public purposes of the Brownfields Program; (f) Potential conflicts of interest; (g) Demonstrated maturity and objectivity of judgment; and (h) Needs for expertise, if any, in the membership and alternate membership of BAB. -- 4 - Appointees shall be persons in a position to represent the public interest, and no person shall be appointed having personal or private interests likely to conflict with the public interest. Except as expressly provided for herein, no person shall be appointed who has any interest in the profits or emoluments of any contract, job, work, or service for the City. Except as expressly provided for herein, no person shall be appointed who holds any elective office or is employed in a full-time capacity by any governmental authority in the county or any city. Before making any appointment, the City Commission shall determine that the person so appointed satisfies the requirements of Sections 2-301 et seq., and no person shall be confirmed in appointment who has not filed the statement required by Section 2-305. In addition, the Code of Ethics and the conflict of interest provisions of Metropolitan Dade County, the State of Florida, and the Federal government shall apply to members and the alternate member of BAB. Section 7. Vacancies. Upon the occurrence of a vacancy, the City Commission shall first consider those individuals who had previously submitted their qualifications as prospective appointees. In the event the City Commission is unable to fill the vacancy from amongst .those prospective appointees, vacancies in the membership of BAB shall be filled in the manner set forth hereinabove. Any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term. Section 8. Removal. - 5 - Members of BAB may be removed for cause by vote of not less than three (3) members of the City Commission upon written charges after a public hearing, if the member affected requests such public hearing. However, whenever a member has had within a calendar year, three (3) consecutive absences or four (4) absences within a calendar year from the regularly scheduled meeting, the highest ranking officer of BAB shall certify same to the City Clerk. The City Clerk shall then inform the City Commission in writing that the position has been declared vacant and a successor member must be elected to fill the vacancy. Three instances of arriving ten (10) minutes after the scheduled beginning time or leaving before the termination of the last agenda item at a regularly scheduled meeting of the Board counts as one (1) absence. Upon such certification, the member shall be deemed to have been removed and the vacancy shall be filled as set forth hereinabove. Section 9. Disqualification of members. If any member finds that his/her private or personal interests are involved in a particular matter coming before BAB, he/she shall, prior to the opening of the discussion on the matter, disqualify himself/herself from all participation whatsoever in the cause; or he/she may be'disqualified by a vote of not less than a majority of the total membership present of BAB, excluding the member about whom the question for disqualification has been raised. Section 10. Assignment of personnel. The City Manager shall assign staff to assist BAB. Section 11. Proceedings. (a) Officers/Committees. BAB shall elect a chairperson and vice -chairperson from among its members and may create and fill such other officers as it may deem necessary or desirable. Officers may succeed themselves. BAB may establish subcommittees for the purpose of advising and reporting to the BAB on specific issues, including 'such issues as public outreach, financial incentives, and site identification. (b) Rules of Procedure. BAB shall establish rules of procedure necessary to its governing. and the conduct of its affairs, in keeping with the applicable provisions of the City Charter, ordinances and resolutions. Such rules. of procedure shall be available in written form to persons appearing before the BAB and to the public upon request. (c) Meetings. BAB shall be required to hold at least six (6) meetings each year, but may meet more frequently if deemed necessary. All meetings shall be open to the public. (d) Quorum; voting. Four (4) members shall constitute a quorum. All recommendations of BAB shall require a concurring vote.of a majority of the members present. In case of a tie vote such vote shall be construed as a denial. Section 12. Compensation. Members of BAB shall serve without compensation. Section 13. Financial Disclosure. All members of BAB shall file annual financial disclosure reports pursuant to law. - 7 - Section 14. . Functions, powers and duties generally. BAB is hereby authorized to: (a) Review and recommend to the'City Commission approval, approval with conditions, or disapproval of the rehabilitation and economic development activities proposed for the Brownfields Redevelopment Area, including proposed site rehabilitation agreements. (b) provide a forum for community input and recommendations regarding the Brownfields program activities, funding priorities and proposals. (c) Adopt and amend its rules and procedures. Section 15. All ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 16. if any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 17. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered. and the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 18. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. .. 8 _ .11 PASSED ON FIRST READING BY TITLE ONLY this day of 1998. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1998. ATTEST: WALTER J. FOEMAN, CITY CLERK PREPARED AND APPROVED BY: oof o LINDA KELLY KEAR ON ASSISTANT CITY ATTORNE APPROVED AS TO FORM AND CORRECTNESS: JOEL EDWARD MAXWELL INTERIM CITY ATTORNEY LKK/W472 - 9 - JOE CAROLLO, MAYOR Attachment B (00011878.DOCX. 1 ) Attachment B Table I Brownfield Site Rehabilitation Schedule Type of Report or Activity PRFBSR Action or Submittal MDC Review or Comment Time Frames Time frames Notice of Interim Source Removal Within 24 hours of initiation of the action. No comment required. Action or Emergency Response Action situations. Interim Source Removal Proposal When seeking approval before Within 30 days of receipt. implementation of an alternative product recovery method, groundwater recovery, soil treatmentor disposal technique (see Rule 62-780.600). Interim Source Removal Plan When seeking approval before Within 30 days of receipt. implementation of an alternative product recovery method, groundwater recovery, soil treatmentor disposal technique (62-780.600, F.A.C. Interim Source Removal Status Within 60 days of completion of source No comment required. Report removal activities and every 60 days thereafteror when the field activity is terminated, whichever occurs first. Interim Source Removal Report Within 60 days of completion of interim Within 60 days of receipt. source removal activities. Site Rehabilitation Plan (SRP) or Optional: SRP submitted within 270 days of Within 60 days of receipt. Combined Document; (Optional executing BSRA. May Include multiple tasks. submittal) See Rule 62-780.450,F.A.C. Site Assessment Report (SAR) SAR submitted within 270 days of executing Within 60 days of receipt. BS RA. Risk Assessment Report RAR Optional: within 60 days of SAR approval.) Within 90 da s of receipt. No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Within 60 days of receipt. Rule 62-780.680, F.A.C.). Well Survey and Sampling Results Within 60 days of discovery of contamination Within 60 days of receipt. pursuant to paragraph beyond the property boundaries 62-780.600 3 h , F.A.C. Natural Attenuation with Monitoring When the site meets the criteria for Natural Within 60 days of receipt. (NAM) Plan Attenuation with Monitoring (See Rule 62-780.690, F.A.C.). Natural Attenuation with Monitoring Within 60 days of sample collection. No comment required. NAM Re ort Remedial Action Plan (RAP) Within 90 days of approval of a SRP, SAR or Within 60 days of receipt. RAR. As -Built Drawings Within 120 days of initiating operation of the No comment required. active remediation system. Initiate Operation of Active Within 120 days of RAP approval. No comment required. Remedial Action Proposals submitted pursuant to Optional during active remed€ation Within 60 days of receipt subsection 62-780.700 15 ,F.A.C. Remedial Action Status Report Within 60 days of the anniversary date of No comment required. (Monthly or quarterlystatus reports Initiating operation of active remediation may be required for submittal - - system. depending on site conditions and Advisory Committee. (00023939.DOCX 11 Page i of ii Post Active Remediation Monitoring When the site meets the criteria for NFA (see Within 60 days of receipt, (PARM) Plan Rule 62-780.680) or Leveling -Off (see Rule 62-780.700(17)) Past Active Remediation Monitoring Within 60 days of sample collection. No comment required. PARM Report Leveling Off Determination Within 60 days of sample collection. Within 60 days of receipt. Post Active Remediation Monitoring Within 60 days of sample collection. Within 60 days of receipt. (PARM) Plan resampling proposal Rule 62-780.750 4 e , F.A.C. Site Rehabilitation Completion Within 60 days of the final sampling event. If Within 60 days of receipt. If the Report (SRCR) SRCR not approved then submit brownfield site meets the modifications, etc. within 60 days of MDC's requirements of Chapter 62-780, response. F.A.C. for the issuance of a SRCO, a SRCO will be issued. Pilot Study Work Plan When seeking approval before Within 60 days of receipt. implementation of a Pilot Study pursuant to Rule 62-780.700 2 , F.A.C. Notices for Field Activities except Within seven (7) days but not less than 24 No comment required. for Start of Interim Source Removal hours prior notice to MDC to perform field or Emergency Response Action activity. situations. Submittal to MDC of addenda, Within 60 days of receipt of the MDC's Within the same time frame for responses, or modification to plans response. review of the original submittal. or reports, pursuant to Chapter 62- 780, F.A.C. Submittal of Form and Actual See text of rule for "Initial Notice of No comment required. Notice required in subsection Contamination Beyond Property Boundaries" 62-780.220 2 , F.A.C. in subsection 62-780.220 2 , F.A.C. Submittal of Actual and See textof rule for "Subsequent Notice of No comment required. Constructive Notice required in Contamination Beyond Source Property subsection 62-780.220(3), F.A.C. Boundaries for Establishment of a Temporary Point of Compliance (TPOC)" in subsection 62-780.220(3), F.A.C. Submittal of proof of Constructive When seeking an SRCO with conditions, the No comment required. Notice required in subsection 62- PRFBSR must provide constructive notice of 780.680(8), F.A.C. the MDC's intent to approve a no Further Action Pro osaI with controls. (00023939.DOCX 1 } Page H of H Attachment C (00002394.DOCX. 1 ) SITE ACCESS AGREEMENT PERMISSION TO ENTER PROPERTY BROWNFIELDS REDEVELOPMENT PROGRAM 1. Rumasa Corp., the real property owner ("undersigned" or "owner"), hereby grants permission to the Miami - Dade County ("MDC") Department of Regulatory and Economic Resources (RER) and the State of Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter the undersigned's property ("the property") located at 690 NW 13"' Street, Miami, FL 33136-2327 as described in Attachment A attached to the BSRA for the Brownfield site assigned the Brownfield Site Identification Number BF139801015, beginning on the date of execution of the BSRA and ending on such date as deemed appropriate by MDC or the successful completion of the BSRA, whichever occurs first. 2. This permission is contemplated to be used for the following activities that may be performed by MDC, the Department, its agents, representatives or subcontractors: a. Having access to areas where contamination may exist, b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other materials deemed appropriate by MDC and/or the Department and the like. C. Removal, treatment and/or disposal of contaminated soil and water, which may include the installation of recovery wells or other treatment systems. 3. Upon completion of the investigation, MDC and/or the Department will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an admission of liability on the part of the undersigned or the undersigned's successors and assigns for any contamination discovered on the property. 5. MDC, the Department, its agents, representatives or subcontractors may enter the property during normal business hours and may also make special arrangements to enter the property at other times after agreement from the undersigned. 6. MDC and the Department acknowledge and accept any responsibility it may have under applicable law (Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of their employment while on the property. 7. In exercising their access privileges, MDC and the Department will take reasonable steps not to interfere with the Owner' erations, or the remediation and redevelopment activities pursuant to the BSRA. Signature of Real Property Owner � Signatur of Witne Print Name: ' Y—D Cf "c I Q r �- ��2 1�' 1✓D Print Name: Title, if applicable Q S l d e n Date Date f 00023937.DOCX. I ) Site Access Agreement Brownfield Site ID #: BF139801015 May 25, 2018 Page 2 of 2 Accepted by MDC by the following authorized agent: Signs rtment representative Print Name: I1 %{i2ex/4 s Title of apartment re resentative ,S / 30 Date {00023937.DOCX. 1 } Signature of Witness Print Name: Vee 11 Ct Date c 1 �,)) ll9 O /l o(- Attachment D {00002344.00M 1 } �T-tla 0f ffl -1 aU- t EMILIO T. GONZALEZ, Ph.D. City Manager May 23, 2018 Wilbur Mayorga, M.S., P.E., Chief Environmental Monitoring & Restoration Division Miami -Dade County Department of Regulatory and Economic Resources 701 NW 1st Court, 4th Floor Miami, Florida 33136 Re: Brownfields Site Rehabilitation Agreement for Property Located at 690 NW 13 Street, Miami, FL 33136-2327 ("Subject Property"), Folio Number 01-3136-037-0300; Located within Brownfield Area Identification Number: BF139801000 Dear Mr. Mayorga: Please be advised that the Subject Property is located in the City of Miami Brownfields Area, which was adopted by the Miami City Commission on March 10, 1998 pursuant to Resolution Number 98-242 and then expanded on March 23, 1999, pursuant to Resolution Number 99-197. The owner of the subject property is Rumasa Corp. Mr. Michael Goldstein, Esq., has requested the City to provide a letter of support on behalf of Rumasa Corp's intention to enter into a Brownfield Site Rehabilitation Agreement at the subject property (BSRA "Attachment D"). According to Mr. Goldstein, Rumasa intends to redevelop the site with affordable and market rate housing, and commercial or logistics uses --a redevelopment that requires a capital investment of no less than $50,000,000 and the creation of up to 300 temporary construction jobs and between 50 to 250 permanent jobs. The proposed redevelopment is near the Health District Regional Activity Center and centrally located in an area of the City that can benefit from the creation of permanent jobs that are above the City's median income. In concept, the City is supportive of this redevelopment; nevertheless, Rumasa will be required to continue working with the City to obtain all of the necessary and applicable land use, design, and construction approvals, permits and licenses. If you have questions, please contact me at (305) 416-1445 or strone@miamigov.com. Sincerely, i i Sue Trone Chief, Comprehensive Planning PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (30.5) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 Attachment E (00002394.DOCX. 1 ) FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIRSTONE ROAD TALLAHASSEE, FLORIDA 32399-2400 CONTRACTOR CERTIFICATION FORM Brownfields Redevelopment Program Contractor dame Environmental Property Audits, Inc. Contractor Address: 12700 Biscayne Boulevard, Suit 401, North Miami, FL 33181 Contact Name: Byron R. wood, L.E.P., C.G.C. RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY Date:. MaY 24, 2018 Phone No.: (800) 404.0443 Fax No.: Brownfield Site ID #: BF139801015 Contractor Certifies by Checking All Appropriate Boxes: Yes No 1. It meets all certification and license requirements imposed by law. ❑ 2. It performs or contracts laboratory analysis pursuant to National Environmental Laboratory Accreditation Program certification ❑ requirements and performs or contracts field -sampling work in accordance with the Standard Operating Procedures for Field Activities pursuant to Chapter 62-160, Florida Administrative Code. 3. It complies with all applicable OSHA. regulations. ® ❑ 4. Has the capacity to perform the majority of the site rehabilitation program tasks pursuant to a brownfield site rehabilitation agreement or supervise ® ❑ the performance of suchtasks by licensed subcontractors in accordance with Section 489.113(9), F.S. The person named below by signing as an "Officer of the Company" hereby certifies to the Miami -Dade County Department of Regulatory and Economic Resources (RER) and the Florida Department of Environmental Protection (FDEP) that the Contractor named above meets the requirements for contractors participating in the Brownfields Redevelopment Program [Sections 376.80(6) and (7), Florida Statutes (F.S.)]: / ✓e 1, Byron R. Wood Signature o Offcer of the Company and Date Signed Print Name of Officer of the Company President Title of Officer of the Company This form will be kept on file by RER. Contractors must immediately notify MDC of any change in the above criteria. RER may order a suspension or cessation of work for failure of a contractor to maintain their required certification. Please return this form to the Miami -Dade County Brownfields Coordinator. {00023935.DOCX 11 Attachment F (00002394.DOCX, 2 } p ftECpl��ty HEALTH '�}x,_ State of Florida �8�ran�.• Department of Health, Bureau of Public Health Laboratories This is to certify that E86006 FLORIDA-SPFCTRUM ENVIRONMENTAL SERVICES, INC. 1460 WEST MCNAB ROAD FT. LAUDERDALE, FL 33309 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples in the following categories DRINKING WATER -GROUP I UNREGULATED CONTAMINANTS, DRINKING WATER -SYNTHETIC ORGANIC CONTAMINANTS, DRINKING WATER - GROUP 11 UNREGULATED CONTAMINANTS, DRINKING WATER -MICROBIOLOGY, DRINKING WATER -OTHER REGULATED CONTAMINANTS, DRINKING WATER -PRIMARY INORGANIC CONTAMINANTS, DRINKING WATER - RADIOCHEMISTRY, DRINKING WATER -SECONDARY INORGANIC CONTAMINANTS, NON -POTABLE WATER -EXTRACTABLE ORGANICS, NON -POTABLE WATER -GENERAL CHEMISTRY, NON -POTABLE WATER -METALS, NOWPOTABLE WATER -MICROBIOLOGY, NOMPOTABLF WATER - PESTICIDES-HERBICIDES-PCS'S, NON -POTABLE WATER - RADIOCHEMISTRY, NOWPOTABLE WATER -VOLATILE ORGANICS, SOLID AND CHEMICAL MATERIALS -EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS -GENERAL CHEMISTRY, SOLID AND CHEMICAL MATERIALS -METALS, SOLID AND CHEMICAL MATERIALS - MICROBIOLOGY, SOLID AND CHEMICAL MATERIALS - PESTICIDES-HERBICIDES-PCB'S, SOLID AND CHEMICAL MATERIALS -VOLATILE ORGANICS Continued certification is contingent upon successful on -going compliance with the NELAC Standards and FAC Rule 64E-1 regulations. Specific methods and analytes certified are cited on the Laboratory. Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, P. 0. Box 210, Jacksonville, Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification status in Florida for particular methods and analytes. Date Issued: November 13, 2017 Expiration Date: June 30, 2018 Susanne Crowe, MHA Acting Chief, Bureau of Public Health Laboratories DH Form 1697, 7104 NON -TRANSFERABLE E86006-36-1111312017 Supersedes all previously issued certificates Ap RECO 1.10710 HEALTH ` State of Florida Department of Health, Bureau of Public Health Laboratories This is to certify that E86546 JUPITER ENVIRONMENTAL LABORATORIES, INC. 150 SOUTH OLD DIXIE HWY JUPITER, FL 33458 has complied with Florida Administrative Code 64E-1, for the examination of environmental samples in the following categories DRINKING WATER -GROUP II UNREGULATED CONTAMINANTS, DRINKING WATER -OTHER REGULATED CONTAMINANTS, DRINKING WATER - MICROBIOLOGY, DRINKING WATER - PRIMARY INORGANIC CONTAMINANTS, DRINKING WATER - SECONDARY INORGANIC CONTAMINANTS, DRINKING WATER - SYNTHETIC ORGANIC CONTAMINANTS, NON -POTABLE WATER - EXTRACTABLE ORGANICS, NON -POTABLE WATER - GENERAL CHEMISTRY, NON -POTABLE WATER - METALS, NON -POTABLE WATER - PESTICIDES-HERBICIDES-PCB'S, NON -POTABLE WATER - VOLATILE ORGANICS, SOLID AND CHEMICAL MATERIALS - EXTRACTABLE ORGANICS, SOLID AND CHEMICAL MATERIALS - GENERAL CHEMISTRY, SOLID AND CHEMICAL MATERIALS - METALS, SOLID AND CHEMICAL MATERIALS - PESTICIDES-HERBICIDES-PCB'S, SOLID AND CHEMICAL MATERIALS - VOLATILE ORGANICS Continued certification is contingent upon successful on -going compliance with the NELAC Standards and FAC Rule 64E-1 regulations. Specific methods and analytes certified are cited on the Laboratory. Scope of Accreditation for this laboratory and are on file at the Bureau of Public Health Laboratories, P. O. Box 210, Jacksonville, 'Florida 32231. Clients and customers are urged to verify with this agency the laboratory's certification status in Florida for particular methods and analytes. Date Issued: July 01, 2017 Expiration Date: June 30, 2018 Susanne Crowe, MHA Acting Chief, Bureau of Public Health Laboratories DH Form 1697, 7104 NON -TRANSFERABLE E86546-45-07/0112017 Supersedes all previously issued certificates Attachment G (00002394.D M I ) Advisory Committee Members Ms. Loren Daniel, Youth Development Specialist* Urgent, Inc. 1128 NW 7th Avenue Miami, FL 33136 loren&urgentinc oo g (786) 333.2240 Ms. Gralyn Swilley-Woods, Executive Director** Overtown Children & Youth Coalition 1951 NW 7th Avenue, Suite 800 Miami, FL 33136 swllle ywoods Overtownc C.or (305) 431-5119 Mr. Daniel Acosta, Senior Vice President*** BHG St. Martins Place, Ltd, 2100 Ponce de Leon Boulevard Coral Gables, FL 33134 daniel.,-costaginccormacicbaron.com (314) 621 -3400 Mr. Mario Borda, CEO**** Borda Commercial Real Estate. 175 SW 7th Street, Suite 2416 Miami, FL 33130 rnario@bcre.us (305) 467-4599 *Resident within the designated brownfield area and business operates within the designated area **Resident within the designated brownfield area and business operates within the designated area ***Business owns property and operates within the designated brownfield area ****Business operates within the designated brownfield area (00024038.DOCX. 1 ) Page 1 of 1 Attachment H {00002394.00CX. 1 ) ATTACHMENT H - - FORMAT FOR SUBMITTAL OF TECHNICAL DOCUMENTS 1. One hard copy and one electronic copy of each report or proposal and final reports shall be submitted to MDC, 2, In an effort to increase efficiency, responsiveness, and to enhance environmental protection, electronic records are an acceptable media substitute for hard copy and shall be pursued as the first option of choice to arrive at compliance. Where an electronic format exists of the records it shall be used to transmit the data, file, report, document, map, plans, picture, record, or any other object that may be available in an electronic format. Electronic records shall be kept in industry standard non-proprietary formats: TIFF, GIF, JPEG, PDF, or in Microsoft Word, Microsoft Excel, and Microsoft Access not older than one (1) release behind the current. 3. Data requested shall be transmitted using available media such as E-mail, Compact Disc (CD), or File Transfer via an FTP site. Additional formats may be considered at the time of the request. 4. After final approval of each report, an electronic copy and one hard copy shall be submitted within 30 days. 5. The media shall include a file directory and specify the "naming convention". (a) Final reports (any text files) must be in one of the approved formats. (b) Site maps and surveys shall be in TIFF, JPEG or ".pdF format. (c) Site -specific GIS data tables shall be in Excel or text (tab delimited) format. (d) The cover of the media shall include the Site Name, Designated Brownfield Area, Date and Type of Report(s). (e) The left inside cover of the media should list all the files located on the media. 100011926.DOCK 1 } Page i of xv 10/26/15 Revised BSRA Model rf •�is *.aL -' NOTICE Thls aubmidal ne d— be schetlaletl bra public healing cord— wkh tlmellnes set forth in the City & Mlami Cotle. The appl-d, tleclsm making bWywill renewihe information at the pebec hearing to rentler a nzommentlation or afinal d.d. n. .L PZ-19-4927 06/15/20 I I Qr FAW&Wtwhbl W01- 4-5 - 2019 Guugle _'Epi of �;iati, rjev-1raph.Br r1 20'11,bugle t � m -=q *b* 40. _Imp— PC oogle Earth 02919 Goggle Q2018 Goggle Pul a BCICy 10 F:oT7rljoTICE Of LlklvI Ewwc 0/A — mm .r Y zy i y. , r1 ...... .. .r n �f 4� .lip 1 8.63 ft PZ-19-4927 FLUM Application for 690 NW 13 Street Index of Documents NOTICE This submittal neetls b be sche&W d for a pubk hearing ihoetlien. bThrmewaatlpo—pnbhmmatoednlle neorpaubeicfaorh in ithe . City M MmicCbc""mangboy w lal thhento etler PZtl19-4927Won 06/w21 PZD-1 Index of Documents PZD 2 Signed Pre Application Meeting PAP-1 Signed FLUM Application PZD-3 Letter of Intent PZD-4 Application Analysis PHO-1 Photo -North View PHO-2 Photo -South View PZD-5 Existing Future Land Use Map PZD-6 Proposed FLUM PZD-7 List of all Folio Numbers PZD-8 Legal Description & Sketch of Proposed New FLUM Designation Exhibit "A" PZD-HB-I Sketch and Legal Description PZD-HB-2 Acknowledgement by Applicant PZD-HB-3 Lobbyist Registration PZD-HB-4 Signed and Notarized Affidavit or Authority to Act PZD-HB-5 Disclosure of Agreement to Support or Withhold Objections PZD-HB-6 Disclosure of Ownership PZD-HB-7 Certificate of Good Standing for KTLC Biscayne PZD-HB-8 Signed Certification from person preparing owner's list PZD-HB-9 List of Property owners' in Excel PZD-HB-10 City of Miami Lien Report #71399017_v1 NOTICE This submidal needs to be scheduled for a pobk hearing ccordnce wA tlmelines-forth in the Cityo Miami Cede. The appk. de decision-rnaking bWy will renew Ne information at the p0h, hearing to render a recommendation or a final decis PZ-19-4927 \\ 06/15/20 LApplicant (Owner): I Rumasa Select, as applicable: Additional notes, as applicable Existing Zoning: D1 Proposed Zoning: T6-12 Existing FLUM: LIGHT INDUSTRIAL Proposed FLUM (if applicable) RESTRICTED COMMERCIAL, GENERAL COMMERCIAL I ffi @ a L L ffi ISSUE(S) TO REVIEW Answer Required Does LOI clearly explain the request? If "no," ask applicant to revise. IYES Does LI provide a reason for the request? If "no," ask applicant to revise. IYES Does the L01 establish that there is changed or changing conditions? If "no," ask applicant to revise. IYES Is this in an Historical District Overlay? INO Is this in a Tree Preservation Overlay? INO Does LOI explain how the change of zoning fills a "valid interest" to the City? (disparate impact) IYES Does the applicant examine previous zoning changes, as relevant, within a 500-ft radius? IYES Will there be a covenant? (vote: If a covenant is not submitted at time of.Pre-Application, this will cause delays of two months. NO Document this in your Pre -Application notes. 71 ISSUE(S) TO REVIEW Meeting Comments Encourage applicant to reach out to the NET office. Has there been any community outreach? Make note of any outreach that is available (notes, sign -in sheets, letters, etc.). Covenant Notes g �... � _ 7IS ..... .... �.... .m�.�kk47�s _�. �,.:. '.»._ .. ,em_a. ..-... . ..:+z�..OR,. Print Name Signature Date Planner: Antonio Perez /Guillermo de Nacimiento Applicant/Representative: Ines Marrero-Priegues NOTICE This submittal neetls b be sche&W d for a public hearing➢ ihoetlien. bTharme aatlpo-pnbli ®matoednlle neorpaubeicfaorh in ithe . City M MmicCbc""mangboy w lal thhent. etler PZtl19-4927Won 06/w21 Analysis of Future Land Use Map Amendment FROM: Light Industrial TO: Restricted Commercial For 690 NW 13 Street, Miami The application requests an amendment to the Future Land Use Map ("FLUM") designation of the Property at 690 NW 13 Street (more specifically described in the documents accompanying this application) from Light Industrial to Restricted Commercial. The request is appropriate and consistent with the Goals, Objective and Policies of the Miami Comprehensive Neighborhood Plan. Set forth below is our analysis of the Goals, Objectives and Policies that support the Applicant's FLUM Amendment. COMPATIBILITY The requested FLUM designation is consistent with the Neighborhood Comprehensive Plan and compatible and supportive of the Goals and policies of the plan. The current Light Industrial designation of the Property is incompatible with the site's location next to Booker T. Washington High School and its location within walking distance of the Culmer MetroRail Station and across from high density multifamily residential uses. Pursuant to the Interpretation provisions of the Future Land Use Map, "[a]reas designated as `Light Industrial' allow wholesaling and distribution activities that generally serve the needs of other business; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities include retailing of second hand items, new and used vehicle sales, parking lots, garages, wholesaling, light manufacturing and assemply and other activities whose scale of operation and land use impacts are similar to those uses described above." The Property's Industrial designation is an anachronistic remnant of the area's industrial uses along a now -abandoned rail line. The Property is located in the Overtown community, where mixed use residential and commercial development is compatible and desirable. On addition, as a brownfield site, the environmental remediation and cleanup associated with the redevelopment of this site is a matter of overriding public interest and benefit. NOTICE LAND USE GOALS rnia sabm�al neetlsb beechetluX bra pabGnhearing ccortlana wXh tlmellnes set forth in the Chy of Miami Cotle. The appli®de tleciWon-maXing hotly will reWewthe inbrmatlon at the pubXc hearing to rentler a nzommentlatlon or a final tleclWon. Goal LU-I: Maintain a land use pattern that (I) protects and enhances the quali Pz-19-4927 City's neighborhoods; (2) fosters redevelopment and revitalization of blighted or dec 06i15i20 (3) promotes and facilitates economic development and the growth of job opportunities i • (4) fosters the growth and development of downtown as a regional center of domestic an international commerce, culture and entertainment; (S) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City's existing neighborhoods by insuring public notice, input and appellant rights regarding changes in existing zoning and land use regulations. The requested FLUM change promotes the redevelopment of a contaminated industrial site that is the vestige of the railway line that abutted the property. This site constitutes a blighted brownfield in the Overtown community, where affordable housing in the form of mixed use residential developments within walking distance of mass transit are in high demand. The existing industrial designation is incompatible with the neighborhood and the immediate location next to Booker T. Washington High School. In addition, the redevelopment of this property will not create any adverse effects to the Overtown community and, as important, will not be redeveloped at the cost of displacement of any residents. Objective LU-I.I: Ensure that land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan. Policy LU-I.I.3: The City's zoning ordinance provides for protection of all areas of the city from: (I) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations. Policy LU-I.3.I S: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. The proposed Future Land Use Designation of Restricted Commercial will promote and encourage the development of affordable housing opportunities for the area within walking distance of mass transit with no impact on neighboring residential areas. See also, discussion of Policy LU-1.3, above. The Property's current designation of Light Industrial is incompatible with the character of the Overtown community and its proximity to Booker T Washington High School. The current 2 #70033012_v1 NOTICE Light Industrial designation is incompatible with existing residen "Isn°a�o�alnee.` t-i .e of ro ht° `ty dance with timelines set forth in the City M Miami Cwe.The applmdo decision-mahing bWYWIl the street and the immediately abutting civic/educational uses. Ligh ewew„e�o coati° atthep°b°`dean°gte enders tladan yr a final —,,ip t such a second hand stores, wholesaling, auto slaes and light man Pz-19-4927 incompatible and do not promote the establishment of a walka 06/15/20 community for this area of Overtown. , • Policy LU-1.1.7: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable are and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles and mass transit. The re -designation of the Property to Restricted Commercial will facilitate the redevelopment of a brownfield industrial site to a mix -use affordable housing project within walking distance of a MetroRail Facilities and within walking/bicycle distance to schools, health facilities and commercial facilities. Policy LU-1111: The City's land development regulations will encourage high density residential development and redevelopment in close proximity to MetroRail and Metromover stations. The Subject FLUM amendment Property is located within 0.2 miles walking distance of the Culver Metro Station. It is suitably situated for high density residential development. There will be no adverse effects on established neighborhoods since the property is surrounded by Booker T. Washington High School. Objective LU-1.2: Promote, facilitate and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial area through a variety of public, private and public private redevelopment initiatives and revitalization programs including, where appropriated, historic designations. Policy LU-1.2.2: The City's land development policies will be consistent with affordable housing objectives and policies adopted in the Housing Element of the MCNP. The redevelopment of the property from a brownfield industrial site to a remediated site developed for affordable and/or workforce housing will promote the objectives of the MCNP. Policy LU-1.2.4: The City will continue to adhere to its established policies regarding Community Redevelopment Districts and will continue to implement plans for the Omni and Southeast Overtown/Park West as Community Redevelopment Districts. 3 #70033012_v1 NOTICE Policy LU-1.3.7: The City will continue to use the City's E Thi1 .—da`ne.°m 1`.e of ro ht° `ty& In accor�anra with timelines set forth in the City M Miami CW,. The eppU-il, bsisi making bWyW[l Empowerment Zone, Commercial Business Corridors an e"eW"e°omae°°atthap°b°` ° °e°'�r° tlab on. afinal—l'ipt Redevelopment Area strategies to stimulate economic revitalization P06/15/2 0 employment opportunities (Policy PA-3.3.10) �si�si The application property is the subject of a Brownfield Site Rehabilitation — Agreement (BSRA #139801015) wherein the Owner submitted a Remedial Action Plan to clean up and rehabilitate the Property. The environmental remediation and redevelopment of this site is of public interest due to its proximity to a public school and because it will permit the residential development of large parcel of land near existing mass transit. Goal LU-3: Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas. Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. Policy LU-3.1I: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. The Future Land Use Map amendment to Restricted Commercial is consistent with and promotes urban Infill. The Property is uniquely located on a major multi -modal transportation area that is serviced by MetroRail. In addition, the goal of urban infill is promoted by facilitating the redevelopment of a brownfield industrial site that is incompatible with surrounding land uses. HOUSING GOALS Goal H0-1: Increase the supply of safe, affordable and sanitary housing for extremely low-, very low-, low- and moderate -income households (in accordance with the current standards and regulations of HUD and the State of Florida) and the elderly by alleviating shortages of extremely low-, very low-, low- and moderate -income housing, rehabilitating older homes, maintaining, and revitalizing residential neighborhoods in order to meet the needs of all income groups. Objective 110-13: Provide and/or encourage a local regulatory, investment and neighborhood environmental that will assist the private section in increasing the stock of affordable housing for all income levels, including low-, very low-, low- and moderate — income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010. Policy H0.1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or 4 #70033012_v1 NOTICE rehabilitate old, residential structures and ensure thatpublic investments " a�o�te`"eedem-sh W.ft inthbnheerin� tlana wM1h if melinea set forth in the Clty M Miami Cvde. The applicaGe decislvn-maXing hotly will with private section developments to increase the overall attractiveness ewewne�no mati�h. daMat,—pbfiXehearingtee°tlera t orafinaltleclCv neighborhoods. PZ-19-4927 06/15/20 Policy 110-1.1.: Through the land development regulations, the City will pro • viable neighborhoods in those areas suitable for housing and, where appropriate, enhance them in a manner compatible with their existing character. Policy HO-11.9: The City's land development regulations will encourage high -density residential development and redevelopment in close proximity to Metrorail and Metromover stations (See Land Use Policy LU-1.1.10 and Transportation Policy TR- 2.1.3) The requested FLUM change of the application property will enable and assist the redevelopment of a brownfield site for the creation of affordable housing opportunities for all income levels without displacing existing residents or affecting existing communities. The proposed FLUM change will augment the affordable housing options in the Overtown community near existing transit mass transit and multi -modal transit opportunities already exist without affecting existing communities. TRANSPORTATION GOALS Goal TR-1: Maintain an effective and cost efficient traffic circulation network within the City of Miami that provides transportation for all persons and facilitates commercial activity, and which is consistent with, and furthers, neighborhood plans, supports economic development, conserves energy, and protects and enhances the natural environment. Policy TR-1.1.1: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami -Dade County's designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Prioritv will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person - Trip Methodology as set forth in Policies TR-1.1.2 and TR-1.1.3 of the Transportation Element of the MCNP. (See Land Use Policy LU-L L II.) Policy. The Application Property is located within walking distance from the Culver MetroRail Station. At this location, the site has access to exiting rapid transit that 5 #70033012_v1 is connected with other modalities of public transportation. Thi connectivity, the Property is easily connected to major employm( Health District and Downtown. The site is undesirable for Indust increase in commercial/industrial vehicle traffic along streets that and Booker T. Washington High School. NOTICE This submittal needs b .scheduled b, a public hes�ing ccod. whhtimelines setfodh inthe City of Miami Cede.Th, appUud, dmision-making bWy Wil rertewiheinionnation at the public hearing t. render a mentla8 on or a fill d.ddon. 4 �PZ-19-4927 / \` 06/15/20 Goal TR-2: Provide a balanced, accessible, safe and sustainable multi -modal transportation system linking highways, transit, greenways, bikeways and sidewalks into a seamless network. Objective TR-2.I: Integrate the existing and planned multi -modal transportation system with existing and future developments. Policy TR-2.I.3: The City will encourage increased density of development within walking distance of transit corridors and Metrorail Stations (cross referenced to LU-I.I.10 and HO-I.I.9) 6 #70033012_v1 EXISTING FLUM • City of Miami Planning and Zoning'_ I NOTICE I I I }rarllrl rFP P.I S. ThlI submittal neea -she-f m,i plCee.hng L loaf`o,aancewimamerme;ae�tonhinmaeirym mi—i CWtl . The eppk.c , d--n-making bWy will _ .11 7 reMew the Information at the p0k hearing t. n:nde, a N'.^J ETH ST—.—naasmno,afin,Id.d.on I I I I PZ-19-4927 I000 06/15/20 00 00 00 ll'J'J 'IN 100 t, :1 PA,-cl D IV F R . �- P_ : i? I i I I I I I '_• F ' J 1 I T H S T Vj r:-H tR -1 4� I I 'I , I I �� I a� ,� r ,L* y l'A+j- f .. � '—. 1 H I z moo s' i'v� I I I ykk541 !� 5 77 r1 ' NW 1TH ST ilopi I I I I I Imo. �, �"' -� �.} �+. SUBJECT SITE 14 •. �� * a — k'^ w!vJ� la:• 77 _ rvvv 1.1 TH T 1%l wo I I I I y r �y x kT�� rti,°,, r t. _ �. NN Q • Ll on r,� �t >._ November 5, 2019 1:9,028 0 412.5 825 1,650 ft 0 125 250 500 m City of Miami, Information Technology Department, GIS Team © 2017 © 2019 Microsoft Corporation © 2019 D'gitalGlobe ©CNES (2019) Di stri buti on Airbus DS City of Miami Planning and Zoning NOTICE This submittal needs b le scheduled br a pubic hearing ccortlanre. wkh tlmellnes set forth in the City M Miami Cotle. The applicade beci,on-making bWywill reWewihe inbrmation at the public hearing to rentler a recommendation or a final d.dd.n. PZ-19-4927 / \\ 06/15/20 PROPOSED (Restricted Commercial) FLUM MAP And'/2 Mile Map Analysis For 690 NW 13 Street F . I - . r owr7—[ r T r r _ w 7 �� - ,� 00irk 00 PO 00 wI 'F r u "i D 4F Rrs ial'u'u t P'1-1 ST ppf f F1 !i i�-.14 '�• 4-. 1 4 ' � � � � rJ -.Y W1 • J k rr l e „ , N14 � T t . _ �I�d.ti! r S�li�id mil #71336294_v1 NOTICE FOLIO rnia sabm� al neaas m be scnetlu ee mr a pabec nearing ,CWr .nmwMtl il,d set forth in the W M Miami Cotle. Theappli®de tlecbk -making —da ,ll reWewthe inm'matlon at the pubec hearing to rentler a V", -tlatlon or a final tleclWon. 01-3136-037-0300 Pz-19-4927 f 06/15/20 �.[ SKETCH & LEGAL DESCRIPTI PROPERTY ADDRESS: 690 NW 13 STREET, MIAMI, FLORIDA 33132 Folio# 01-3136-037-0300 LEGAL DESCRIPTION: NOTICE This submittal needs b be scheduled br a pubic hearing ccortlanre wkh bmellnes set forth in the City M Miami Code. Theappli®Lie deci,o making body will ruWew theI nbrmadon at the public hearing for do ,a recommendation or a final declWon. PZ-19-4927 \\ 06/15/20 A portion of Block 6 of "SOST'S SUBDIVISION", according to Plat thereof, recorded in Plat Book "B", Page 27, of the Public Records of Miami —Dade County, Florida, being more particularly described as follows: Begin at the Northwest corner of Tract "C" of "BOOKER T. WASHINGTON JR. HIGH", according to Plat thereof, recorded in Plat Book 129, Page 39, of the Public Records of Miami —Dade County, Florida; Thence run N.02'04'23"W. along the East Right —of —Way line of Northwest 7th Avenue, for a distance of 497.04 feet to a point of intersection with the South Right —of —Way line of Northwest 13th Street, as shown on aforementioned plat of "BOOKER T. WASHINGTON JR. HIGH"; Thence run N.87a43'22"E., along said South Right —of —Way line, for a distance of 227.54 feet to a point of intersection with the Westerly Right —of —Way line of S.C.L. Railroad Right —of —Way, as shown on aforementioned plat of "BOOKER T. WASHINGTON JR. HIGH"; Thence run S.02'11'38"E., along said Westerly Right —of —Way line of S.C.L. Railroad Right —of —Way, for a distance of 200.42 feet to a point of curvature of a circular curve, concave to the Northeast, and having for its elements a Radius of 465.89 feet and a Central Angle of 39a33' 16"; Thence run Southeasterly along the arc of said circular curve and also being the Westerly Right —of —Way line of S.C.L. Railroad Right —of —Way, for a distance of 321.63 feet to a point of intersection with the North line of said Tract "C", also being the Northeast corner of said Tract "C"; Thence run S.87'45'39"W., along said North line of Tract "C", for a distance of 332.82 feet to the Point of Beginning. Said described parcel of land containing 122,192 square feet, more or less. SURVEYOR'S NOTES: 1) This is not a BOUNDARY SURVEY, but only a GRAPHIC DEPICTION of the description shown hereon. 2) North arrow direction and/or Bearings are based on the North line of Tract "C", as shown an recorded plat of "BOOKER T. WASHINGTON JR.HIGH according to the plat thereof as recorded in Plat Book 129, Page 39, of the Public Records of Miami —Dade County, Florida., and all other bearings are relative thereof. 3) Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to survey maps or reports by other than the signing party or parties are prohibited without written consent of the signing party or parties. 4) There may be additional Restrictions not shown on this survey that may be found in the Public Records of this County, Examination of ABSTRACT OF TITLE will have to be made to determine recorded instruments, if any affecting this property. 5) No Title search has been performed to determine if there are any conflict existing or arising out of the creation of the Easements, Right of Ways, Parcel Descriptions, or any other type of encumbrances that the herein described legal may be utilized for. SURVEYOR'S CERTIFICATE: I Hereby Certify to the best of my knowledge and belief that this drawing is a true and correct representation of the CKCICC AND L-C;_ C- CFI1'IID1J of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions �ONA O��n� of Chapter 5J-17, Florida Administrative Code. D1914lysigned LJ�J Jacob by JacobGomis LAND SURVEYORS, INC. Gomis Date:2o1e.12.12 LE # 7282 07:40¢2-05'00' --------------------- PHONE: 305-822-6062 ' FAX: 305-827-9669 Jacob Gomis 6175 NW 153rd ST. SUITE 321, MIAMI LAKES FL 33014 Professional Surveyor & Mapper State of Florida Reg. No. 6231 Job # RP19-1361 Dated: November 7, 2019 Sheet 1 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets SKETCH & LEGAL DESCRIPTION Mo \ TRACT 'A" I i LA N \ "BOOKER T. WASHINGTON JR. HIGH' I LB # 7282 ` PLAT BOOK 129, PAGE 39 _ __ i ------ 27.5 PHONE: 305-822- N.W. 13th. STRT I 1 6175 NW 153rd ST. 50' TOTAL PUBLIC RIGHT-OF-WAY— I I o I I N87'43l 22' l E 227.54' SOUTH LINE OF N.W. 13th. STREET 1 I I I POINT OF BEGINNING N.W. CORNER OF "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 �J NORTH LINE OF TRACT "C" "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 Job # RP19-1107 NOTICE mis aubm tal needs b be schedul d b, a pubk hearing In —,tlanm wth timelines eet forth in the City of Mlan,i eode. me aopa�,ue deciainn-mowing boar will reWew the inbrmation at the public hearing om--dad-rentl --dad-or a final tlecltlpn. n. i�PZ-19-4927 / L, 06/15/20 `f 60 GRAPHIC, ' ' ( 1N FEET ) 1 inch = 60 ft. "SEVENTH AVENUE COMMERCIAL S87"45 39 W 332.82 WASHITRACTNGTON GT \\ "BOOKER T. WASHINGTON JR. HIGH" P=�suRnIVISION" PLAT BOOK 39, PAGE 24 PLAT BOOK 129, PAGE 39 SPr et 2 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets ACKNOWLEDGEMENT BY APPLICANT 2. 3. 4 7 A NOTICE The Department of Resilience and Public Works, Transportation, Coordinated Review Cokappli t,1n ,I"°�� o„„�°he°,i� ng and County agencies review zoning public hearing requests and provide input, which mayatth,p,bb,h'gt.�de'e omm nda ., or afinal d-i—and outcome of my hearing. These reviews may require additional hearings before other �PZ-19-4927 boards, which may result in the modification of plans, studies and/or the proffering of agrerecorded. The submission and acceptance of a request for public hearing means that the 06/15/20 be scheduled for public hearing. I am also aware that I must comply promptly with any Cit• and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with Filing fees may not be the total cost of a hearing. Some requests require notices to be mailed to property owners up to a mile from the subject property and I am responsible for paying the additional radius mailing costs. In addition to mailing costs, I am responsible for additional fees related to application changes, plan revisions, deferrals, re -advertising, etc. that may be incurred. I understand that fees must be paid promptly. The only fees that will be refunded after the submission and acceptance of an application for public hearing has occurred will be the surcharge fees related to appeals, as expressly listed in Chapter 62 of the City Code (Code). Requests for public hearing will be scheduled by the Hearing Boards in accordance with the scheduling timeline set forth in the Code and the Zoning Ordinance of the City of Miami (Miami 21), as applicable. I must submit any requests to reschedule, continue or defer my hearing date to the attention of the decision -making body for its consideration and vote at the public hearing on which my application is scheduled to be heard. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Applicable Florida Building Code requirements, or other applicable requirements, may affect my ability to obtain a building permit even if my zoning application is approved; and a building permit will probably be required. I am responsible for obtaining any required permits and inspections for all structures and additions proposed, or built, without permits. In addition, a Certificate of Use (C.U.) must be obtained for the use of the property after it has been approved at a zoning public hearing. Failure to obtain the required permits and/or C.U., Certificates of Completion (C.C.), or Certificate of Occupancy (C.O.) will result in an enforcement action against any occupant and owner. Submittal of the zoning public hearing request may not forestall enforcement action against the property. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. Any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Any covenant to be voluntarily proffered must be submitted in word format to the Planning Department and to the Office of the City Attorney through ePlan for review and comments from the Planning Department, Office of the City Attorney, and any other City departments as deemed necessary. The covenant will be reviewed in ePlan and the applicant will be notified of any necessary changes, corrections or comments through ePlan. Once the covenant receives a recommendation of approval from the Planning department and as to legal form, Hearing Boards staff will extract the approved covenant directly from ePlan to include as part of the agenda. The applicant is responsible to submit to the Hearing Boards the signed covenant with a current Opinion of Title no later than two (2) weeks prior to the initial public hearing. I understand that any requests by the applicant to reschedule, continue or defer the hearing date that are granted shall incur a $1,000.00 fee, per instance, as per the Code. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Ines Marwo - Qri eAu e5 // / 4/T Applicant(s) Name Printed A lican (s) Sigbbture and 15afe STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me th'- 201!�_, by who is a(n) individual/partner/agent/corporation individual/partnership/corporation. He/She is as identification and who ❑did c I J a(n) personally known to me or ❑ who has produced id not take an oath. +EIS s TIAWU. MS (Stamp) *e WC0MMfS M#GG305680 EXPWA* Jim V%2023 ow ,�4�'` 8ondedTtauNolmyP�ctJnde�era OF Signature Rev. 04-16-2019 AFFIDAVIT OF AUTHORITY TO AC NOTICE mis submidal needs b be scheduled bra pobk nearing ccordance wAh timelines -forth in the City of Miami Cede. The applicade decision -making bWy will renew Ne information at the public hearing to render a mcommentlalion or a final decison. Before me this day, the undersigned personally appeared PZ-19-4927 Ines Marrero-Priegues, Esq. 06/15/20 who being by me first deposes and says: 1. That he/she is the owner or the legal representative of the owner, submitting the public hearing application as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as listed on the foregoing pages. 2. That all owners who he/she represents, if any, have given his/her full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the foregoing petition, OkIficluding or ❑ not including responses to day-to-day City staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. 5. That a refund, if any, by the City is to be issued to the following person at the address indicated: KTLC Biscayne, LLC, c/o Holland & Knight, 701 Brickell Ave, Miami, FL 33131 Further Affiant sayeth not. Ines Marrero-Priegues, Esq, Applicant(s) Name Printed yx t' Applica (s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE r..fi The foregoing was acknowledged before me this day of [0�.r� 20J (�', , by pr-i-e �. c who is a(n) individual/partner/agent/corporationpf J a(n) individual/partnership/corporation. hisre p/corporation. He/She is © personally known to me or ❑ who has produced _ as identification and who ❑ did did not take an oath. my 3o w (Stamp) '*� EXM&Am15,2023 BondedThtuNoWyPditUdeV*n Signature Rev. 10-18 NOTICE Thissubmittalneedsto be. schedui d br a public hearing a."ana wkh timelines set forth in the City M Miami Cotle. The appUuiA, dmision-making bWy wil reMewihe Informayon at the pebk hearing to mode, a recommends ., or afinal d-i— PZ-19-4927 �\\ 06/15/20 Owner's Authorization to City of Miami,. Florida F1,,,/ and Holland & Fight, LLP, to file FLUM and Zoning Change for 690(W 13 Street KTLC, LLC ("Owne?') is the owner of that property in the City of Miami generally located at 690 NW 13 Street and identified by tax folio no. 01-413136-037-0300 (the "Property"). Owner herby authorizes the law firm of Holland & Knight, LLP, with offices at 701 Brickell Avenue, Suite 3000, Miami, Florida 33131 to file an application with the City of Miami for a FLUM and Zoning change application for the Property. The foregoing was acluiowledged this & of 114vlem^ % 2019. KTLC Biscayne, LLC N71283647_VI Note: Annual Registration Expires on 12/31/2019 CITY OF MIAMI LOBBYIST REGISTRATION FORM NOTICE i , submidalneedsfo be scheduled for a pobk nearing c ,dan .A timelinessMforth in the Cityo Miami Cede. The appk.c decision -ma king bWywill renew Ne infomnation at the p0h, hearing t, render a mcommentlalion or a final decison. PZ-19-4927 Instructions: Please complete all sections of this form and submit the completed form, 06/15/20 fee(s), to the Office of the City Clerk. If you need more space to complete a section, use a of paper. If you have nothing to report in a particular section, you must type or print "None ' in that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. Important: It is the responsibility of the lobbyist to ensure that ALL active lobbyist registration forms, including active lobbyist registration forms submitted in previous years, remain up-to-date. (1) Lobbyist Name: Marrero-Priegues, Ines (Last Name, First Name, Middle Initial) Are you a Principal of the corporation, partnership, trust, etc.? YES NO 7 (you must chreeh YES or NO) Business Phone: 305-789-7776 Email: ines.marrero@hklaw.com u - Business Address (include Zip Code): 701 Brickell Avenue, Suite 3000, Miami, FL 331-31 -- (2) Principal Represented: KTLC Biscayne, LLC �vl (Name of corporation, partnership, trust, etc., you are representing) Business Address (include Zip Code): 2055 US HWY 1, Vero, Beach, FL 32960 (3) IF YOU PROVIDED INFORMATION IN SECTION 2 ABOVE, PLEASE REVIEW THIS SECTION CAREFULLY. If a lobbyist represents a corporation, partnership or trust, the lobbyist must disclose the name and business address of the chief officer, partner or beneficiary of the corporation, partnership or trust, and the names and addresses of all persons holding, directly or indirectly, at least five percent (5%) ownership interest in said corporation, partnership or trust. Attach separate sheet if needed. If this section is not applicable you must type or print "None" or "N/A". N/A (4) Specific issue associated with lobbying. Describe with as much detail as is practical. Attach a separate sheet if needed. If you are using this form for your Annual Registration, please write "Annual Registration" and the year that you are registering for (ex: Annual Registration 2019). Land use and zoning approvals for 690 NW 13th Street Page 1 of 2 Office of the City Clerk, 3500 Pan American Drive, Miami, FL 33133 / Phone: (305) 250-5361 / Email: clerks@miamigov.com CM-LRF (Rev. 06/19) 14,V710. (5) Lobbyists shall be required to state the existence of any direct or indirect business ass financial relationship with the Mayor, any member of the City Commission, any mem City Manager or a member of the City staff before whom he/she lobbies or intends to sheet if needed. If this section is not applicable you must type or print "None" or "N/A". None NOTICE i , submidalneedsto be scheduled br a pobk nearing ccordance wAh timelines sM forth in the City, Miami Cede. The applieade tlecision-making bWy will renew the infomnation at the pu b4c hearing to render a n c mendab., r a finM decis on. PZ-19-4927 06/15/20 Lobbyists, as defined in City Code Section 2-653, shall pay an annual registration fee of $525.00, plus $105.00 for each principal represented for each issue lobbied on behalf of any one principal. Each issue associated with lobbying shall be described with as much detail as is practical. The City Clerk, or the City Clerk's designee, shall reject any registration statement that does not provide a clear description of the specific issue on which such lobbyist has been retained to lobby or if any section of this form is left blank. Regardless of the date of the annual registration, all lobbyists' annual registrations shall expire December 31 of each calendar year and shall be renewed on a calendar year basis. Each;lobby=is shall;�fl�n.j�x. , 60),ay' �af�e �egistermg as. a lo�by;<st;�subm� _,o tlie,Offic�, h `tile £kfa Trust ({'Ethics CommissiDri" Lobbyists who have completed the initial ethics course mandated by the preceding sentence and have continuously registered as a lobbyist thereafter shall be required to complete a refresher ethics course offered by the Ethics Commission every two (2) years. Each lobbyist who has completed a refresher ethics course shall submit a certificate of completion within sixty (60) days after registering as a lobbyist. I do solemnly swear that all of the foregoing facts are true and correct, and I have read or am. familiar with the provisions contained in Chapter 2, Article VI, Sections 2-651 through 2-658 of the Miami City Code, as:aM- ended. t: Florida Sig ure Lobbyi9 STATE OF w d D i Miam-ae COUNTY OF CA Sworn to (or affirmed) and subscribed before me this 01 day of November 2019 by Ines Marrero-Priegues (Name of person making statement) Damaris Almaguer Signature of Notary Public Name of Notary Typed, Printed or Stamped Personally Known: OR Produced Identification: Type of Identification Produced: DAMARISALMAGUER MY COMMISSION # GG 097089 �M EXPIRES: April 23, 2021 Bonded Thru Notary Public Underwriters CM-LRF (Rev. 06/19) Page 2 of 2 20:._r" h.IIIIIIIliI1INl{1111lIIIII1111{��II{!llilllli _�� HOLLAND & KNIGHT LLP 1046428 CITY OF,MIAMI . 11/04/2019 NOTICE Invoice #- Invoice Date.` Description Office -Dept Prof m n ai I eetl < n a lee mr a p�bun neann9 a �w �,nnn ntna�n� + �' CWe.The ppk.a ,dec son—k,ng bWy.11 review Ne information at the p0h, hear ng to render s mcommentla4on or afinal eecison. - - 500-2017-7327 11/01/2019, Send To: A30250A Damaris Almaauer Please forward to Damaris Almaauer PZ-19-4927 Client.Matter: 164710,00001 06/15/20 ` Total 105.00 1' I .. 4 R� ,x f 1, HO��at1d & Knight LLP CitiBank'N.A. CHECK DATE 3003485 Tampa, FL Miami Account November 04, 2019 " 524 Grand'Regency Boulevard - Req.#:' 2096477 - 63-8655/2660 Brandon, FL 33510 s(8,13)901-4415 CHECK AMOUNT ONE HUNDRED FIVE AND 00/100 DOLLAR(S) $105.00 VOID AFTER 6 MONTHS PAY CITY OF MIAMI TO THE 3500 Pan American Drive ORDER OF Miami, FL 33133 TWO SIGNATURES REQUIRED ON CHECKS OVER $5,000 HOL D & KNIGHT LLP \'` II'003003-485110 1:26608655Lois 911A 25338911■ City Of Miami ' rlOFFICIAL RECEIPT Sales Ta $ dotal Gate: NOTICE � �' misnminal neetlsm �netllee mrapbun nearm9 cCWr . ce wnmehnessM forth ithe City of _ Miami Cede. Theapplicade tlecision-rnaking bWywill ew Ne information at the pub4e hearing to render a mentlalion or a final eecison. Received f orn: _ _ � �� m PZ-19-4927 (� -� ,, 06/15/20 Addr .ss: — _ • For: i'_ _ ce _ This Receipt not VALID unless date , gv; filled in and signed by authorized em- ployee of department or division des- Depart ent: ignated hereon and until the City has — collected the proceeds of any checks Divisio tendered as payment herein. --- ----- —� `-�� - —"V" C FN/TM 402 Rev. 03/03 Distribution: White - Customer; Canary -• Finance; Pink - Issuing Department Holland & Knight LLP Citi Bank N.A. CHECK DATE 3003485 Miami Account Tampa, FL November 04, 2019 524 Grand Regency Boulevard Req.#: 2096477 63-8655/2660 Brandon, FL 33510 (813) 901-4415 ONE HUNDRED FIVE AND 00/100 DOLLAR(S) PAY CITY OF MIAMI TO THE 3500 Pan American Drive ORDER OF Miami, FL 33133 11100 300348 Slim 1:266086554111: CHECK AMOUNT I j $105.00 VOID AFTER 6 MONTHS TWO SIGNATURES REQUIRED ON CHECKS OVER $5,000 HOLLAND & KNIGHT LLP } 9L4425338911' City of 9',/di��rr�i -- -- pales Ta -- ,Total .f -- r - _ �-- Est= .� /100 Received i';�1 a: - -- - - 1 — -i--- - ---- ---- - - -- --- - -- -- 1 This Receipt not VALID unless date Ley; --- --- filled in and signed by authorized ern- ionj - ployee of department or divisdes- 17epa1'tn erlt:. - ---- ignated hereon and until the City has collected the proceeds of any checks Division tendered as payment herein. i.1/ P ?: , . 0', 0; r is'rrtE3utioa�. lfyhiS:e - C.js[omr�r; Cai".ry - finance; rink Issuing lk!P8 tlrn ni: CITY OFMIAMI DISCLOSURE OF CONSIDE A NOTICE PROVIDED OR COMMITTED FOR AGREEM This mkal�eatlstnbeschetluled brapoi bWy.ng ' ccordance wAhtimellnessM forth in the Ciry of Miami Cede. Theapplies Cledecisio!,', ng batly will renew the infomnation at the pub4c hearing to render a mcommentlalion or a final decison. SUPPORT OR WITHHOLD OBJECTIO PZ-19-4927 06/15/20 The City of Miami requires any person or entity requesting approval relief orWJZ. action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2- 653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. Name: First Name: Ines Middle Name: Last Name: Marrero-Priegues Home Address: Home Address Line 1: Holland & Knight LLP Home Address Line 2. 701 Brickell Avenue, Suite 3300 City: Miami State: Florida Zip: FL 33131 Contact Information: Home Phone Number:305-789-7776 Cell Phone Number: Fax Number: Email: ines.marrero@hklaw.com BUSSINESS or APPLICANT or ENTITY NAME Address Line 1: Address Line 2: Doc. No.:86543 Page 1 of 3 'i Ai rb. fpKla� CITY OFMIAMI DISCLOSURE OF CONSIDE NOTICE PROVIDED OR COMMITTED FOR AGREEM Thia bmk alneetlsnbschetluled brapobbcywng ,dance wAh timelines sM forth in the City of Miami Cede. The applieade decision -making bWy will renew Ne infomnation at the pub4e hearing to render a recommentlalion or a final decison. SUPPORT OR WITHHOLD OBJECTIO PZ-19-4927 06/15/20 Please describe the issue for which you are seeking approval, relief or other actin i the City Commission, board, authority, agency, council, or committee. FLUM and Rezoning Change for 690 NW 13 Street, Miami Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? No If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. 1. Please provide the name, address and phone number of the person(s) or entities to whom consideration has been provided or committed. • Name of Person/Entity: • Phone Number of Person/Entity: • Address of Person/Entity: 2. Please describe the nature of the consideration 3. Describe what is being requested in exchange for the consideration. Doc. No.:86543 Page 2 of 3 CITY QFMIAMI DISCLOSURE OF CONSIDE NQTICE PROVIDED OR COMMITTED FOR AGREEM Mi. CiWial neetlsto be schetlaled brzpei bWy.11 reord—ii, with omellnes aM forth in the City of Miami Cole. The applieade tlxision-making body will reMew he infonnarion at the pub4c hearing to render a reJ:ommentlalion or a final decison. SUPPORT OR WITHHOLD OBJECTIO PZ-19-4927 06/15/20 ACKNOWLEDGEMENT OF COMPLIANCE • I hereby acknowledge that it is unlawful to employ any device, scheme or artifice to circumvent the disclosure requirements of Ordinance 12918 and such circumvention shall be deemed a violation of the Ordinance; and that in addition to the criminal or civil penalties that may be imposed under the City Code, upon determination by the City Commission that the foregoing disclosure requirement was not fully and timely satisfied the following may occur: the application or order, as applicable, shall be deemed void without further force or effect; and 2. no application from any person or entity for the same issue shall be reviewed or considered by the applicable board(s) until expiration of a period of one year after the nullification of the application or order. PERSON SUBMITTING DISCLOSURE: Print Name Ines Marrero-Priegues Signature c Sworn to and subscribed before me this day of �yc�^��Qj 20.0 /9 The foregoing instrument was acknowledged before me byLkIa� &.r i"e lr n tt r ;'P C-,,k r- S who has produced i _ as identification and/or is personally known to me_ and who did/did not take an oath. STATE OF FLORIDA CITY OF MIAMIMY COMMISSION ��✓%'�— EXPIRES: TIA WILLIAMS W COMMISSION # 00 30M F4BwAWThfuNotwyPW*UadeW"Ws EXPIRES:hme15,2023 Doc. No.:86543 Page 3 of 3 DISCLOSURE OF OWNERSHIP A' NOTICE mis eubm;da, needs m be seheaa,ee mr a pubk hearing ccordance wAh tima,ines-forth m the Dry of List the owner s of the subject property and percentage of ownership. Miami Cede. The apphca de decison-mak;ng bWy will ew Ne information at the public hearing to render a m re nmm�ndannnnra na,deusnn PZ-19-4927 Note: The Miami City Code requires all parties making any presentation, formal reZ—%1, u06/15/20 petition to the City Commission or any City board with respect to any real property disclosure, in writing, of all parties having a financial interest, either direct or indirect, in the subject matter of said presentation, formal request or petition. Such disclosure shall include, but not be limited to, disclosure of all natural persons having an ownership interest, direct or indirect, in the subject real property. Accordingly, disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their address(es) and proportionate interest are required. Please supply additional lists, if necessary. Owner's Name(s) KTLC Biscayne, LLC, a Florida limited liability company Percentage of Ownership 100% (See ownership disclosure, attached as Ext 1.) Subject Property Address(es) 690 NW 13 Street, miami, FL 33132 (Folio No. 01-3136-037-030 List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): NONE Legal Description(s): Ines Marrero-Priegues,Esq. ate- 114'. Owner(s) or Attorney Name Owner(s) or orney Signa ure STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ISM 20 i , by rr i s r✓P,y� r: �, day of Klay - 1-1-N ke .( who is a(n) individual/partner/agent/cor pration df _ a(n) individual/partnership/corporation. He/She is known to m or ❑ who has produced as identification and who El did did not take an oath. Signature MycoM ss #ooa* G30W J" 15.2W eonae n" Not" Amftc th�e�w s amp Rev.10-18 Exhibit 1 KTLC Biscayne, LLC Kite Tax Lien Capital, LLC 100% Kite Tax Lien Capital, LLC 70% Kelly P. Kite, Jr., LLC 30% Joseph P. Schlitt, LLC NOTICE rnN sehminal -es b —Iheaeiee br a pbk h—,,g ccortlanre wkh tlmellnee set forth in the City M Miami CWtl .The appgmlie berm- making btly will reWewthe Inbrmatlon at the public hearing t. rentler a recomme dtl ., or a final d.dd.n. PZ-19-4927 / \\ 06/15/20 Kelly P. Kite, Jr. LLC is 100% owned by Kelly P. Kite, Jr. Joseph P. Schlitt, LLC is owned 100% by Joseph P. Schlitt. State of Florida Department of State v' NOTICE Thls aubmRtal neetlamtee acM1etluletl fora p-b M1earing In asortlanrs wM1M1 timellna sal forlM1 in the City of Miami Cotle. The appllude beciaion-making bo]y will reNewlhelnPormatlon at ibe pubYc M1earing [o rentlera mendation or a final tleciaon. �nPZ-19-4927 06/15/20 I certify from the records of this office that KTLC BISCAYNE, LLC is a limited liability company organized under the laws of the State of Florida, filed on September 25, 2019, effective September 25, 2019. The document number of this limited liability company is L19000242738. I further certify that said limited liability company has paid all fees due this office through December 31, 2019 and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the First day of November, 2019 *AVVY111- Secretary of'State Tracking Number: 3579431065CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. tt s:Hservices.sunbiz.or lFilin s/CcrtificateOfStatusICertificateAuthenticatio The Zoning { - r Specialists Group, Inc. Noi 1 rn s subm it needs to be sc ffff _ uorda wwsmerr Miami Code. The appllr Kh renewthe infaRnation at th recommentlation PZ-19 October 28, 2019 N4,4 06/1: City of Miami Hearing Boards Section Miami Riverside Center 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130 RE: Property Owners List within 500 feet of: LEGAL DESCRIPTION: Portion of Block 6 "SOSTS SUBDIVISION" according to the Plat thereof, as recorded in Plat Book B, at Page 27 of the Public Records of Miami -Dade County, Florida. FOLIO NUMBER: 01-3136-037-0300 LOCATION: 690 NW 13 Street, Miami FL 33136 PREPARED FOR: Holland & Knight LLP ORDER: 191022 TOTAL NUMBER OF LABELS: 103 This is to certify that the attached ownership list in Excel, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on the file in Miami -Dade County Tax Assessor's Office. This list is valid for 6 months from the original date. Sincerely, THE ZONING SPECIALISTSROUP, INC. �.�L 2- Omara R Lopez, presiderti 7729 NW 146th Street • Miami Lakes, FL 33016 Phone: 305 828-1210 www.thezoningspecialistsgroup.com Dear Constituent: Welcome to the City of Miami! This package is intended to provide you with all open Code Enforcement violations and liens attached to the subject property, or properties, as of the current date and time the followincLregort was created. Closed violations and future violations are not included. A violation may become a lien when the property owner does not timely remedy the violation. This report may include two types of liens: Certified liens and non -certified liens. Certified liens have a set amount to be paid. Conversely, most non -certified liens continue to accrue interest or a per diem fine; therefore, those liens must be satisfied with the City as quickly as possible. All outstanding violations and liens must be satisfactorily resolved before the City can issue a Certificate of Use (CU); however, the City inspects all properties prior to the issuance of a CU and those inspections may yield additional items, which must be addressed by the owner at the property prior to issuance of a CU. This search does not include encumbrances, other liens, restrictions or the like, recorded in the Public Records of Miami -Dade County, Florida. Please contact Miami -Dade County for the aforementioned items. Code Violation/Lien Inquiry Letter Page 1 of 5 Ines Marrero-Priegues 701 Brickell Avenue Suite 3300 Miami FL 33131 City of Miami _W �F z``f 93 yo..a.a gs..Eo`QQ, FCO., F1�4 Property Search Notice 06/16/2020 Per your request (copy attached), the undersigned has searched the records of the Director of Finance in and for the City of Miami, Florida, for any liens and other fees outstanding against the following described property as of: 06/16/2020. The result is valid up to 30 days from the processing date. In addition, due to daily penalty and interest calculations, the amount shown is subject to change as reflected below. Folio Number: 01-3136-037-0300 Property Address: 690 NW 13 ST Legal Description: SOSTS SUB PB B-27 BEG NW COR BLK 6 S501.93FT E TO WLY R/W/L SAF RR TH NELY & NLY ALG SD R/W/L TO X S R/W/L 13TH ST TH W247.517T TO POB LESS W20FT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Amount Payable On: 06/30/2020 to 07/16/2020 2,101.66 This notice does not include liens imposed by federal, state, county or City agencies or boards or any other liens recorded in the public records of Miami -Dade County. Erica T. Paschal Finance Director To ensure proper credit of your payment, include a copy of all pages of the property search findings along with your payment and mail to: City of Miami, Treasury Management/Payment Processing, 444 SW 2nd Avenue, 6th Floor, Room 636-1, Miami, FL 33130. If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 2 of 5 City of Miami �C`O., F1� Ines Marrero-Priegues 701 Brickell Avenue Suite 3300 Miami FL 33131 06/16/2020 Folio Number: 01-3136-037-0300 Property Address: 690 NW 13 ST Legal Description: SOSTS SUB PB B-27 BEG NW COR BLK 6 S501.93FT E TO WLY R/W/L SAF RR TH NELY & NLY ALG SD R/W/L TO X S R/W/L 13TH ST TH W247.517T TO POB LESS W20FT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Property Search Findings - Pending Liens Lien No. (Case Number) Description If you have any questions, please call (305) 416-1570. Please retain this page for your records. Address Page 3 of 5 City of Miami �,G1�Y OF NCO.. F1�4 Ines Marrero-Priegues 701 Brickell Avenue Suite 3300 Miami FL 33131 06/16/2020 Folio Number: 01-3136-037-0300 Property Address: 690 NW 13 ST Legal Description: SOSTS SUB PB B-27 BEG NW COR BLK 6 5501.93FT E TO WLY R/W/L SAF RR TH NELY & NLY ALG SD R/W/L TO X S R/W/L 13TH ST TH W247.517T TO POB LESS W20FT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description 2006831 9184 Storm Water Utility Sub -Total If you have any questions, please call (305) 416-1570. Please retain this page for your records. Amount Due 2,081.45 S 2,081.45 Page 4 of 5 Folio Number: Violations Detail Report 01-3136-037-0300 NO OPEN VIOLATIONS FOUND. Page 5 of 5 6/16/2020 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT_=FwAIjMrQjk%2b4u0Ug5fP15ra4NiTiXMNjg41HLE... Department of Finance Online Payments Receipt Your Reference Number: 2020168001-89 06/16/2020 10:32:45 AM Web —user TRANSACTIONS If you have a Customer Number, please click here 2020168001-89-1 $2,081.45 CUSTOMER #: 9184 AR Payment $2,081.45 INVOICE #: 2006831 BALANCE DUE: 2081.45 TOTAL AMOUNT: $21081.45 PAYMENT American Express Credit Sale $2,081.45 `M�""` iiiiiiiiii*iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiimi https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= FwAIjMrQjk%2b4uOUg5fPl5ra4NiTiXMNjg41HLE%2fG5aI%3d 1/1 GRAPHIC SCALE l ai OIZ ALTA / NSPS LAND TITLE SURVEY TITLE REVIEW NOTES: SURVEYORS CERTIFICATE NOTICE PZ-11— ovasrzo Contact Name Location .MP"hone�� Email District 5 The Honorable Keon Hardemon 3500 Pan American Dr. (305) 250-5390 khardemon(o)..miamigov.com Miami, FI 33133 1490 NW 3rd Ave. Overtown NET Office Brandyss Howard, Administrator Miami, FI 33136 (305) 960-5133 bhoward(rmiamigov.com City of Miami, Planning Department Jacqueline Eillis - Chief of Land Development 444 SW 2 Ave 3rd floor (305) 416-1446 JEllis(o)..miamigov.com Miami, FL 33130 190 SE 12th Terrace Dade Heritage Trust g Christine Rupp pp, Executive Director Miami, FI 33131 305-910-3996 chris(c),dadeheritagetrust.org SEOPW Community Redevelopment Cornelius Shiver, C.E.O. Maya 819 NW 2nd Avenue 3rd Floor (305) 679-6800 cshiver(o)..miamigov.com Agency Passmore, Marketing Coordinator Miami, Florida, 33136 MPassmore(rmiamigov.com Kaye Johnson, President Marco 269 & 201 N.W. 7th Street ohnsonkave(crcomcast.net Poinciana Village Condominiums Osores, Property Manager Miami, FL 33136 (305) 505-5576 (305) 553-9731 mosores(o)..unlimitedpm.com> Snug Harbor Townhouse Assoc., Inc. Rebecca Ojo-Olorunfemi: President 1000 NW North River Drive Box prefers all correspondence be sent via1 snugharbortownhomes(c�gmail.com Miami, FL 33136 mail or email 301 N.W. 19th Street Miami, The Village of St. Agnes Nattaliah Earle, Secretary Monique FL 33136 (305) 430-1004 boardofdirectors(c),thevillasofstagnes.com Town Park Plaza North Condominium Renata Cunningham (President) Valeria 1955 NW 5th Place (561) 618-1273 (786)709- cunninghamrenarda(o)..gmail.com valeria smith(rvahoo.com Association Inc. Smith (Vice -President) Miami, FL 33136 2865 Carlos Salas: Spring Gardens Civic Association springgardenhistoricdistrict(cr)gmail.com Spring Gardens Assoc. President 1021 NW North River Drive 305-790-9240 carloslsalasiro(.amail.com Miami River Commission Brett Bibeau, Managing Director 1407 NW 7 St, Ste D (305) 644-0544 (305) 642-1136 miamiriverl(o bellsouth.net Miami FL 33125 (fax) 1680 NW 4th Ave. Miami, (786) 877-0312 (305) 573-7343 Town Park Plaza Village Lillian Slater FI 33136 (fax) berni cesl ater20). yahoo. corn Overtown Community Oversight Board Keon Williams 1490 NW 3rd Ave. (305)960-5133 (305)372-4553Miami, keon.e.williams(c�icloud.com FI 33136 (fax) Overtown Neighbors for Environmental 1899 N.W. 1st Court Miami, Health and Safety Cecilia Stewart FL 33136 (301) 233-5723 deliver stewart(rvahoo.com Courtside Apartments Krystal Elie: Property Manager 1699 N.W. 4th Avenue 786-773-1331 courtside(o)..htgf.com Miami, FL 33136 Town Park Plaza South Kenneth Thurston: Property Manager 1798 N.W. 5th Avenue Miami, 754-234-4485 305-576 ken(c),acclaimcares.com Pauline Brathwaite: Board President FL 33136 2167 Island Living Apartments Rana Nisbeth: Property Manager Kathy 1201 N.W. 3rd Avenue 305-517-3339 ksanz(o)..ap.communities.com Sanz: Asst. Property Manager Miami FL 33136 Frederick Douglass Elementary School Principal Yolanda Ellis 314 N.W. 12th Street 305-371-4687/ 305-693-2495 Vellisdadeschools.net Miami, FL 33136 Overtown Community Youth Coalition Graylyn Swilley Woods: Executive Director- OCYC 1951 N.W.7th Avenue 305-704-8973 / 786-477-5813 swillevwoods(rovertowncvc.org Miami, FL 33136 info(rovertowncvc.org 02/06/2020 BP The Zoning Specialists Group, Inc. June 15, 2020 City of Miami Hearing Boards Section Miami Riverside Center 444 S.W. 2"d Avenue, 3rd Floor Miami, FL 33130 RE: Property Owners List within 500 feet of: LEGAL DESCRIPTION: Portion of Block 6 "SOSTS SUBDIVISION" according to the Plat thereof, as recorded in Plat Book B, at Page 27 of the Public Records of Miami -Dade County, Florida. FOLIO NUMBER: 01-3136-037-0300 LOCATION: 690 NW 13 Street, Miami FL 33136 PREPARED FOR: HOLLAND & KNIGHT, LLP ORDER: 200608 TOTAL NUMBER OF LABELS: 103 This is to certify that the attached ownership list in Excel, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on the file in Miami -Dade County Tax Assessor's Office. This list is valid for 6 months from the original date. Sincerely, THE ZONING SPECIALISTS GROUP, INC. Omara R Lopez, For the Firm 7729 NW 146th Street • Miami Lakes, FL 33016 Phone: 305 828-1210 www.thezoningspecialistsgroup.com 500-FOOT RADIUS MAP OF: LEGAL DESCRIPTION: Portion of Block 6 "SOSTS SUBDIVISION" according to the Plat thereof, as recorded in Plat Book B, at Page 27 of the Public Records of Miami -Dade County, Florida. FOLIO NUMBER: 01-3136-037-0300 LOCATION: 690 NW 13 Street, Miami FL 33136 PREPARED FOR: HOLLAND & KNIGHT, LLP ORDER: 200608 DATE: June 15, 2020 N At W E S SCALE: 1"= 160' The Zoning Specialists Group, Inc. 7729 NW 146th Street moo Miami Lakes FL 33016 Ph: (306)828-1210 www.thezoningspecialistsgroup.com 2 510 500 490 W BTHPV@B) a° r nquANo w.RK REf I I °a5 ~ _,4THST NW 14THST z� 2 ON i S ERTW HINGTCNJRHI 3 zs° �O. 3>° ]65 H NW 13TH ST 3� 610 600 fit) 390 590 4W Z 560 830 2 410 5]0 6W aa6 sto 43J 5� 550 5� ° D NW ]rH L? Nw ,zrH sr [J BIXMERT WN3MNGlON JR HIOI I o45 I °3° oz° m MN ,ITH ST 220 010 00 NN tr z� 3]0 ) 260 310 Z]0 330 CIRMER VILLAS F rr-1 FMT-1 m Miami Dade County Cristec Corporation Nkry Corporation Miami Dade Transit 4865 NW 4th St 4865 NW 4th St 701 NW 1st Ct., Ste 1700 Miami, FL 33126-2121 Miami, FL 33126-2121 Miami, FL 33136-3922 Miami Dade County Dept Of Miami Dade County Dept Of Miami Dade County Dept Of Transportation Public Works Transportation Public Works Transportation Public Works 701 NW 1st Ct., A 15th 701 NW 1st Ct., A 15th 701 NW 1st Ct., A 15th Miami, FL 33136-3924 Miami, FL 33136-3924 Miami, FL 33136-3924 Miami Tele Communications Inc Comcast Corp Miami Tele Communications Inc Tax Dept 1 Comcast Ctr Tax Dept 1 Comcast Ctr Philadelphia, PA 19103-2838 1 Comcast Ctr Philadelphia, PA 19103-2838 Philadelphia, PA 19103-2838 Gutierrez Investments LLC Lazaro Luis Garcia Catherine Frank 725 W 20th St 11200 SW 29th St 1342 NW 7th Ct Hialeah, FL 33010-2429 Miami, FL 33165-2268 Miami, FL 33136-2336 Miriam Flores Sharon J Rachel Central District Miami 1338 NW 7th Ct 1318 NW 7th Ct Redevelopment Group LLC Miami, FL 33136-2336 Miami, FL 33136-2336 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Central District Miami Central District Miami Redevelopment Group LLC Redevelopment Group LLC Redevelopment Group LLC 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Miami, FL 33127-2800 Miami, FL 33127-2800 Eddie J Strachen Central District Miami Central District Miami 10831 Big Leaf Ct Redevelopment Group I LLC Redevelopment Group I LLC Waldorf, MD 20603-5737 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Miami, FL 33127-2800 Central District Miami Central District Miami Central District Miami Redevelopment Group I LLC Redevelopment Group I LLC Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Miami, FL 33127-2800 Miami, FL 33127-2800 Central District Miami Central District Miami Central District Miami Redevelopment Group I LLC Redevelopment Group I LLC Redevelopment 1B LLC 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Miami, FL 33127-2800 Miami, FL 33127-2800 Central District Miami Central District Miami Central District Miami Redevelopment Group I LLC Redevelopment Group I LLC Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Miami, FL 33127-2800 Miami, FL 33127-2800 Central District Miami Trendy Properties LLC Nayra Pereira Schlecht Redevelopment Group I LLC 260 Crandon Blvd., Ste 3271 1401 S Ocean Dr., Apt 104 4100 N Miami Ave., 2nd FI Key Biscayne, FL 33149-1536 Hollywood, FL 33019-2308 Miami, FL 33127-2800 Alaris Holdings LLC Passageway Residence Manuel Torre 251 Crandon Blvd., Apt 502 Of Dade County Inc 1223 NW 7th Ct Key Biscayne, FL 33149-1509 2255 NW 10th Ave Miami, FL 33136-2333 Miami, FL 33127-4219 Ana Rosa Guifarro Overtown Re Investments LLC Amjad Farooq 1233 NW 7th Ct 520 NW 165th Street Rd., #101 1011 NW 15th St # 116 Miami, FL 33136-2333 Miami, FL 33169-6303 Miami, FL 33136-1019 Ljubomir Semerdjieff Trendy Properties LLC Trendy Properties LLC 1245 NW 7th Ct 260 Crandon Blvd., Ste 32 260 Crandon Blvd., Ste 3271 Miami, FL 33136-2333 Key Biscayne, FL 33149-1626 Key Biscayne, FL 33149-1536 Trendy Properties LLC Bhg St Martins PI Ltd Janet C George 260 Crandon Blvd., Ste 3271 1128 NW 7th Ave 1139 NW 7th Ct Key Biscayne, FL 33149-1536 Miami, FL 33136-2356 Miami, FL 33136-2331 Mirlande Senelier Lisette Gonzalez Nicole Snell 1155 NW 7th Ct 1157 NW 7th Ct 1161 NW 7th Ct Miami, FL 33136-2331 Miami, FL 33136-2331 Miami, FL 33136-2331 Park High Inc % Brian Tague Dora N Aguirre D And Y Investment Corp 123 SE 3rd Ave 724 NW 12th St 8212 NW 164th St Miami, FL 33131-2003 Miami, FL 33136-2344 Hialeah, FL 33016-3482 Green Turnkey Plaza Ltd Geraldine Mitchell Brenda M Lee 2950 SW 27th Ave., Ste 200 1145 NW 8th Ave 1147 NW 8th Ave Miami, FL 33133-3765 Miami, FL 33136-2337 Miami, FL 33136-2337 Jbvl 1159 LLC Roxie A King Jose Montero & W Victorina 1430 S Dixie Hwy 1163 NW 8th Ave 1165 NW 8th Ave Coral Gables, FL 33146-3176 Miami, FL 33136-2337 Miami, FL 33136-2337 Highland Park 1020 LLC Central District Miami Fec R R 1717 N Bayshore Dr., Apt 3847 Redevelopment Group I LLC 7150 Philips Hwy Miami, FL 33132-1172 4100 N Miami Ave Jacksonville, FL 32256-6802 Miami, FL 33127-2800 State Of Fla Dot Ktic Biscayne LLC School Board Of 1000 NW 111th Ave 2055 US Highway 1 Miami Dade County Miami, FL 33172-5800 Vero Beach, FL 32960-5482 1450 NE 2nd Ave Miami, FL 33132-1308 School Board Of Miami Dade County 1450 NE 2nd Ave Miami, FL 33132-1308 Glm Assets LLC 16790 SW 86th Ct Miami, FL 33157-0422 Wilberto Rocha 644 NW 11th St Miami, FL 33136-2404 Barbara Linda Avhad 638 NW 11th St Miami, FL 33136-2404 Francisco Rodriguez Melo, Lourdes Castellon, Nelson A Fernandez Jr 605 W Flagler St Miami, FL 33130-1201 Sp Investments Group LLC 3436 N Miami Ave # A 1 # 2 Miami, FL 33127-3526 Twc Family Limited Partnership 11630 SW 84th Ave Miami, FL 33156-5103 Margarita Gonzalez 614 NW 11th St Miami, FL 33136-2415 School Board Of Miami Dade County 1450 NE 2nd Ave Miami, FL 33132-1308 Olga L Rivera Le Rem Lydia Esther Feliciano & Jacklyn Feliciano 648 NW 11th St Miami, FL 33136-2405 Beker Antonio Turcios Mendez 642 NW 11th St Miami, FL 33136-2404 Sion S De Sabaoth PO Box 351633 Miami, FL 33135-7633 IVonne Fabrega PO Box 25207 Miami, FL 33102-5207 Xmeridian Management Inc 411 Walnut St # 5693 Green Cove Springs, FL 32043-3443 Fla Farm Land LLC 1040 NW North River Dr Miami, FL 33136-2916 Oscar A Enamorado 612 NW 11th St Miami, FL 33136-2415 Beatriz Mason 652 NW 11th St Miami, FL 33136-2405 Jose H Garcia & W Sara 1 646 NW 11th St Miami, FL 33136-2405 Acquisitions Group LLC 1342 NW 84th Ave Miami, FL 33126-1500 William Leonardo Rodriguez 632 NW 11th St Miami, FL 33136-2403 Mst Corporation Trs Mst 8189 Land Trust 1741 NW 20th St Miami, FL 33142-7429 Zmeridian Inc 411 Walnut St # 5693 Green Cove Springs, FL 32043-3443 Kevin Sadeghipour 616 NW 11th St Miami, FL 33136-2415 James T Booth 610 NW 11th St Miami, FL 33136-2415 Eric Valarezo & W Sara Martha L Mendoza 604 LLC 600 NW 11th St 602 NW 11th St 604 NW 11th St Miami, FL 33136-2402 Miami, FL 33136-2402 Miami, FL 33136-2402 Nalia & Elizabeth Gonzalez Ricardo Murguia & W Jeanne Elizardo Basnueva & Edilia Gonzalez 608 NW 11th St PO Box 10986 606 NW 11th St Miami, FL 33136-2402 Miami, FL 33101-0986 Miami, FL 33136-2402 Santiago Heguy 625 NW 10th St Miami, FL 33136-3260 Santiago Heguy Doris Heguy 625 NW 10th St Miami, FL 33136-3260 1011 Nw 7Th Ave LLC 8835 SW 107th Ave # 343 Miami, FL 33176-1411 Miami Dade County Miami Dade Housing Agency 701 NW 1st Ct., 16th Floor Miami, FL 33136 Order number: 200608 Total non -repetitive labels: 103 Hattie L Baker 14751 S Biscayne River Dr Miami, FL 33168-4914 Johanna Heguy 625 NW 10th St Miami, FL 33136-3260 Orlando Leyva 1013 NW 7th Ave Miami, FL 33136-3111 Jeanette Green & Santiago Heguy 623 NW 10th St Miami, FL 33136-3260 Jose Manuel Almendarez 1359 SW 2nd St Apt 1 Miami, FL 33135-2359 Culmer Village Homeowners Assn Inc 375 W 19th St Hialeah, FL 33010-2532 OWNER'S NAME MAILING STREET ADDRESS CITY Miami Dade County Miami Dad(701 NW 1st Ct., Ste 1700 Miami Cristec Corporation 4865 NW 4th St Miami Nkry Corporation 4865 NW 4th St Miami Miami Dade County Dept Of Tr�701 NW 1st Ct., FI 15th Miami Miami Dade County Dept Of Tr�701 NW 1st Ct., FI 15th Miami Miami Dade County Dept Of Tr�701 NW 1st Ct., FI 15th Miami Miami Tele Communications Inc 1 Comcast Ctr Philadelphia Comcast Corp 1 Comcast Ctr Philadelphia Miami Tele Communications Inc 1 Comcast Ctr Philadelphia Gutierrez Investments LLC 725 W 20th St Hialeah Lazaro Luis Garcia 11200 SW 29th St Miami Catherine Frank 1342 NW 7th Ct Miami Miriam Flores 1338 NW 7th Ct Miami Sharon J Rachel 1318 NW 7th Ct Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Eddie J Strachen 10831 Big Leaf Ct Waldorf Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Central District Miami Redevelo 4100 N Miami Ave., 2nd FI Miami Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne Nayra Pereira Schlecht 1401 S Ocean Dr., Apt 104 Hollywood Alaris Holdings LLC 251 Crandon Blvd., Apt 502 Key Biscayne Passageway Residence Of Dad2255 NW 10th Ave Miami Manuel Torre 1223 NW 7th Ct Miami Ana Rosa Guifarro 1233 NW 7th Ct Miami Overtown Re Investments LLC 520 NW 165th Street Rd., #101 Miami Amjad Farooq 1011 NW 15th St # 116 Miami Ljubomir Semerdjieff 1245 NW 7th Ct Miami Trendy Properties LLC 260 Crandon Blvd., Ste 32 Key Biscayne Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne Bhg St Martins PI Ltd 1128 NW 7th Ave Miami Janet C George 1139 NW 7th Ct Miami Mirlande Senelier 1155 NW 7th Ct Miami Lisette Gonzalez 1157 NW 7th Ct Miami Nicole Snell 1161 NW 7th Ct Miami Park High Inc % Brian Tague 123 SE 3rd Ave Miami Dora N Aguirre 724 NW 12th St Miami D And Y Investment Corp 8212 NW 164th St Hialeah Green Turnkey Plaza Ltd 2950 SW 27th Ave., Ste 200 Miami Geraldine Mitchell 1145 NW 8th Ave Miami Brenda M Lee 1147 NW 8th Ave Miami Jbvl 1159 LLC 1430 S Dixie Hwy Coral Gables Roxie A King 1163 NW 8th Ave Miami Jose Montero & W Victorina 1165 NW 8th Ave Miami Highland Park 1020 LLC 1717 N Bayshore Dr., Apt 3847 Miami Central District Miami Redevelo 4100 N Miami Ave Miami Fec R R 7150 Philips Hwy Jacksonville State Of Fla Dot 1000 NW 111th Ave Miami Ktic Biscayne LLC 2055 US Highway 1 Vero Beach School Board Of Miami Dade C 1450 NE 2nd Ave Miami School Board Of Miami Dade C 1450 NE 2nd Ave Miami School Board Of Miami Dade C 1450 NE 2nd Ave Miami Beatriz Mason 652 NW 11th St Miami Glm Assets LLC 16790 SW 86th Ct Miami Olga L Rivera Le Rem Lydia Es648 NW 11th St Miami Jose H Garcia & W Sara 1 646 NW 11th St Miami Wilberto Rocha 644 NW 11th St Miami Beker Antonio Turcios Mendez 642 NW 11th St Miami Acquisitions Group LLC 1342 NW 84th Ave Miami Barbara Linda Avhad 638 NW 11th St Miami Sion S De Sabaoth PO Box 351633 Miami William Leonardo Rodriguez 632 NW 11th St Miami Francisco Rodriguez Melo Loun605 W Flagler St Miami IVonne Fabrega PO Box 25207 Miami Mst Corporation Trs Mst 8189 L 1741 NW 20th St Miami Sp Investments Group LLC 3436 N Miami Ave # FI 1 # 2 Miami Xmeridian Management Inc 411 Walnut St # 5693 Green Cove Springs Zmeridian Inc 411 Walnut St # 5693 Green Cove Springs Twc Family Limited Partnership 11630 SW 84th Ave Miami Fla Farm Land LLC 1040 NW North River Dr Miami Kevin Sadeghipour 616 NW 11th St Miami Margarita Gonzalez 614 NW 11th St Miami Oscar A Enamorado 612 NW 11th St Miami James T Booth 610 NW 11th St Miami Eric Valarezo & W Sara 600 NW 11th St Miami Martha L Mendoza 602 NW 11th St Miami 604 LLC 604 NW 11th St Miami Nalia & Elizabeth Gonzalez & E 606 NW 11th St Miami Ricardo Murguia & W Jeanne 608 NW 11th St Miami Elizardo Basnueva PO Box 10986 Miami Santiago Heguy 625 NW 10th St Miami Hattie L Baker 14751 S Biscayne River Dr Miami Jeanette Green & Santiago Hec623 NW 10th St Miami Santiago Heguy Doris Heguy 625 NW 10th St Miami Johanna Heguy 625 NW 10th St Miami Jose Manuel Almendarez 1359 SW 2nd St Apt 1 Miami 1011 Nw 7Th Ave LLC 8835 SW 107th Ave # 343 Miami Orlando Leyva 1013 NW 7th Ave Miami Culmer Village Homeowners As 375 W 19th St Hialeah Miami Dade County Miami Dad(701 NW 1st Ct., 16th Floor Miami STATE ZIP CODE FL 33136-3922 FL 33126-2121 FL 33126-2121 FL 33136-3924 FL 33136-3924 FL 33136-3924 PA 19103-2838 PA 19103-2838 PA 19103-2838 FL 33010-2429 FL 33165-2268 FL 33136-2336 FL 33136-2336 FL 33136-2336 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 MD 20603-5737 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33127-2800 FL 33149-1536 FL 33019-2308 FL 33149-1509 FL 33127-4219 FL 33136-2333 FL 33136-2333 FL 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Park PB 2-13 Lot 18 E 02 2004 6 0131350191670 Highland Park PB 2-13 Lots 1 T Lots 9 Thru 11 Less 11.5Ft & LE 0131350191730 Highland Park PB 2-13 Lots 32 7959-2764 0198 6 0131350191740 Highland Park PB 2-13 Lots 34 -2757 02 2002 1 0131350191745 Highland Park PB 2-13 Lots 36 3135 019 1740 Or 20119-3954 0131350191748 Highland Park PB 2-13 Lots 38-3135-019-1740 Or 20257-4784 0131350191750 Highland Park PB 2-13 W50ft C Re Feet Or 20624-2435 08 200: 0131350191760 35 53 41 Highland Park PB 2-1; 5625 Square Feet Or 14514-30, 0131350191780 35 53 41 Highland Park PB 2-1; T Of Lots 1 2 3 4 & 5 Blk 11 Lot 0131350191790 Highland Park PB 2-13 Lots 6 T Lot 6 Th S96.60Ft Sly-SWly-WI., 0131350191920 Highland Park PB 2-13 Lots 32- Or 17892-2747 1197 6 0131350191930 Highland Park PB 2-13 Lot 35 8 Eet Or 20670-4064 09 2002 1 0131350191940 Highland Park PB 2-13 N1/2 Lo Eet Or 9362 2104 0131350191950 Highland Park PB 2-13 W100ft Or 17909-3735 1197 6 0131350191955 Highland Park PB 2-13 W100ft 75 F/A/U 01-3135-019-1950 Or 0131350270010 35 53 41 2 54 41 Spring Garder 5040 Sqft Or 16890-4658 1295 0131350770030 Highland Park Replat No 2 PB ' Lyg E & Adj Closed Per Ord 13 0131360000220 36 53 41 6.32 Ac M/L Fec R/W N Line Of NW 6 St Cont S 89 E 0131360370190 Sosts Sub PB B-27 N125ft Of E 0131360370300 Sosts Sub PB B-27 Beg NW Cc Ly & Nly Alg Sd R/W/L To X S F 0131360770010 Booker T Washington Jr High F 0131360770020 Booker T Washington Jr High F/4 Th S 02 Deg E 461.04Ft N 81 0131360770030 Booker T Washington Jr High F Tr C Of PB 129-39 Th N 87 De� 0131370200010 Culmer Villas PB 106-50 Lot 1 E Ot Size 1995 Sq Ft Or 21147-1,' 0131370200020 Culmer Villas PB 106-50 Lot 2 E Ot Size 1995 Sq Ft Coc 24295-; 0131370200030 Culmer Villas PB 106-50 Lot 3 E Ot Size 1995 Sq Ft Or 19669-4,1 0131370200040 Culmer Villas PB 106-50 Lot 4 E Ot Size 1995 Sq Ft Or 19439-1 0131370200050 Culmer Villas PB 106-50 Lot 5 E Ot Size 1995 Sq Ft Or 19827-1� 0131370200060 Culmer Villas PB 106-50 Lot 6 E Ot Size 1995 Sq 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9927 30 0131370200200 Culmer Villas PB 106-50 Lot 20 Lot Size 1995 Sq Ft Or 19698-3 0131370200210 Culmer Villas PB 106-50 Lot 21 Lot Size 1995 Sq Ft Or 21073-3 0131370200220 Culmer Villas PB 106-50 Lot 22 Lot Size 1995 Sq Ft Or 15700-4 0131370200230 Culmer Villas PB 106-50 Lot 23 Lot Size 3600 Sq Ft Or 9982 10 0131370200240 Culmer Villas PB 106-50 Lot 24 Lot Size 2100 Sq Ft Or 17935-3 0131370200250 Culmer Villas PB 106-50 Lot 25 Lot Size 1800 Sq Ft Or 10172-4 0131370200260 Culmer Villas PB 106-50 Lot 26 Lot Size 2100 Sq Ft Or 14127-0 0131370200270 Culmer Villas PB 106-50 Lot 27 Lot Size 3600 Sq Ft Or 9990 19 0131370200280 Culmer Villas PB 106-50 Lot 28 Lot Size 3600 Sq Ft Or 9982-10 0131370200690 Culmer Villas PB 106-50 Lot 69 Lot Size 1995 Sq Ft Or 21039-3 0131370200700 Culmer Villas PB 106-50 Lot 70 Lot Size 1995 Sq Ft Or 14352-1 0131370200710 Culmer Villas PB 106-50 Lot 71 Lot Size 1995 Sq Ft Or 18063-2 0131370200720 Culmer Villas PB 106-50 Lot 72 Lot Size 1995 Sq Ft Or 10036-1 0131370200730 Culmer Villas PB 106-50 Lot 73 Lot Size 1995 Sq Ft Or 10036-1 0131370200830 Culmer Villas PB 106-50 Lot 83 Lot Size 1800 Sq Ft Or 18848-3 0131370200840 Culmer Villas PB 106-50 Lot 84 Lot Size 1800 Sq Ft Or 18874-4 0131370200850 Culmer Villas PB 106-50 Lot 85 Lot Size 1800 Sq Ft Or 9699-07 0131370200860 Culmer Villas PB 106-50 Tract) Lot Size 3.11 Ac 0131370310200 Miami North PB B-41 Lots 3 To 00 Square Feet -32 & PB 160-93 & Less PB 127-85& Less PB 12 Deg W 149.96Ft S 02 Deg E 7.06Ft N 87 Deg E 22.40Ft N 02 Deg W 7.06Ft To POB Lot Size 1 W & Adj Closed Per Ord 13492 Lot Size 446 2 Of Alley Lyg E & Adj Closed Per Ord 13492 3100ft To POB & Lots 11 Thru 15 & Lot 16 Le !Ft S25.05Ft To POB & Less W5ft & Ext Area =t M/L Ft M/L 6500 Sq Ft M/L Ft M/L =t M/L =t M/L Or 14726-3733/1907-4032 0990 4 Or 19 2500 Sq Ft M/L Or 20267 1444 0202 3 Ft M/L Lot Size 5418 Sq Ft Coc 24021-4681 11 2005 Lot Size 5418 Sq Ft Coc 24021-4678 11 2005 )t Size 2310 Sq Ft ed Per Ord 13492 Lot Size 5653 Sq Ft Coc 2 Ft 6500 Sq Ft Ft Ft 502 1 Coc 21331-4722 06 2003 1 12850 Sq Ft Or 20887-0507 1102 4 2564-2023 08 2004 3 -2771 03 2006 5 D733 02 2008 1 D802 11 2007 5 1 20066 )ss Beg NW Cor Of Lot 1 Th N 87 Deg E 113. 122001 1 03 2002 1 21 41 04901 Size 12500 Square Feet Or 20761-3621 10 y Ad 36.07Ft S 80 Deg 5.04Ft Ely-NEly-Nly A 17909-3922 1297 6 5 492 Lot Size 5216 Sq Ft Fau 01 3135 019 07 )eg W 143.41 Ft N 00 Deg W 472.91 Ft For POB Z/W/L 13Th St Th W247.5Ft To POB Less W20ft 7 Deg E 2.50Ft S 02 Deg E 225.47Ft SEly Ad g E 599.88Ft N 02 Deg W 63.22 Ft NWly Ad 23 222 03-2003 1 2356 03 2006 1 579 04 2001 4 7871200 1 192 To 1497 072001 1 )4 0777 1 112774 D544 11 2003 1 7 1277 4 Coc 24654-2381 06 2006 1 ;61-1277-4 -3512 10 2006 1 .398 1197 4 '869 0799 1 2604 0190 4 Coc 24260-1285 12 2005 5 7 1277 4 7 0178 4 Coc 25135-2000 10 2006 4 .797 082000 4 Coc 26509-1449 07 2008 6 601784 001784 688 0300 4 Coc 25324-3108 12 2006 1 399 02 2003 1 .702 1092 5 47 0378 4 465 1297 1 .74 0978 1 1494 0589 4 24 0378 4 182-0378-4 �982 02 2003 1 Coc 24362-0935 04 2005 5 585 1189 5 '892 0498 1 177 0578 3 191 05783 �944 1099 1 .883 1199 4 '12 0677 1 Coc 24821-1958 07 2006 1 RELEASE, IIOLD IARMLESS, AND INDEMNIFICATION AGREEMENT THTS RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT ("Agreement"), is made and entered into this 12th day of June , 2020, by KTLC Biscayne, LLC , a Florida limited liability company, ("Applicant") to the City of Miami, Florida, a municipal corporation of the State of Florida, in the County of Miami -Dade ("City"); and WHEREAS, the Applicant has applied to the City for FLUM Amendment and Rezoning ("ReqLies t(s)") for the Property located at approximately 690 NW 13th Strcet, Miami, FL ("Property"); and WHEREAS, the Applicant's Request(s) require(s) one or more quasi-judicial hearings or planning and zoning hearings (collectively referred to as "Proceedings"); and WHEREAS, the City has been holding virtual public meetings due to the Novel Coronavirus ("COVID-19") pandemic pursuant to the Governor's Executive Order Number 20- 69, as extended by Executive Orders 20-112 and 20-139, which suspends any statutory requiremcnt that physical quorum be present in order to hold a public meeting and permits local governments to use communications media technology to hold public meetings; and WHEREAS, Miami -Dade County ("County") has issued several Emergency Orders associated with the COVID-19 pandemic, including Emergency Order 10-20 which provides that no group of 10 or more individuals shall gather on a public street, alley, public sidewalk, or government facility open to the public in the County, with some exceptions; and WHEREAS, the City Commission adopted Ordinance No, 13903 on May 28, 2020, which, inter alia, modified the requirements regarding the swearing in of parties and participants for any planning and zoning items and quasi-judicial hearings (referred to as "Proceedings" 1lerein) during the COVID-19 pandemic; and WHEREAS, Ordinance No. 13903 temporarily suspends any requirement of members of the general public who are not parties to be sworn in and temporarily allows parties to appear virtually and make arrangements to be sworn in by oath or affirmation in -person at their location by an individual qualified to perform such duty or be physically present at City hall to be sworn in by oath or affirmation by the City Clerk; and Release, Fold I I munless, and Indemnification Pagc 1 of' WHEREAS, all physical proceedings will include certain social distancing requirements, screenings, and protective measures consistent with the all Federal, State, and Local Emergency Orders, Executive Orders, and guidelines in order to protect the health, safety, and welfare of the employees and residents of the City; and WHEREAS, the Applicant still wishes to proceed with the virtual Proceedings as described herein on its Request(s) at their own risk; and WHEREAS, the City requires the execution of this Agreement as a condition precedent to move forward with virtual Proceedings on the Request(s); NOW, THEREFORE, in consideration of the City allowing the Applicant to move forward with the virtual Proceedings, subject to the terThs and conditions set forth herein, and in further consideration of these premises, the Applicant does hereby agree as follows: 1. The Applicant acknowledges that the foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth in this Section. 2. The Applicant understands that they have the option to wait until the COVID-19 pandemic ends to proceed with the Proceedings required for the Applicant's Request(,). Notwithstanding this option, the Applicant has requested to move forward with its Request(s) without delay. 3. The Applicant acknowledges and agrees that if they proceed with their Request(s) without delay, the City will hold virtual Proceedings on the Applicant's Request pursuant to the Governor's Executive Order and Ordinance No. I3903 as described above, with the Applicant, the Applicant's representative(s), and all those that intend to testify required to make arrangements to be sworn in by oath or affirmation in -person at their off -site location by an individual qualified to perform such duty or to coordinate with the City to be sworn in at City Hall. 4. The Applicant also acknowledges that per Ordinance No. 13903, the general public will not be required to physically appear at the Proceedings' location to be sworn by oath or aff tination, but will have several different avenues for public comment, which may include prerecorded phone and video submission, an online public comment form, and preregistration for a live call back during the meeting. S. The Applicant acknowledges and agrees that they are proceeding at their own risk and acknowledge(s) that they will not bring or assert any claim or cause of action whatsoever against Release, Hold Hatmless, and lndemniGcalion Page 2 of 6 the City arising from or in connection with this Agreement or Applicant's Request(s), in whole or in part, including but not limited to the virtual proceedings and processes as well as violation of any due process, and agrees to waive, release, hold harmless, indemnify, defend, covenant not to sue, and discharge the City for any and all such claims in connection with the Request(s) and all proceedings thereon, including but not limited to virtual and non -virtual proceedings, as further described herein, 6. The Applicant, on behalf of themselves and any successors, assigns, grantees, heirs, and representatives, expressly and unequivocally waives, releases, holds harmless, indenxnifi.es, covenants not to sue, agrees to defend, and forever discharges the City, its officers (elected or appointed), directors, employees, agents, attorneys, contractors and all other persons, entities, organizations, instrumentalities, and corporations affiliated therewith (all of whom constitute the "Released Parties") from any and all kinds of claims, demands, suits, causes of action, damages, losses, liabilities, costs, or expenses, including court costs and attorney's fees at all levels of proceedings {including appellate level) for any defense, investigation, or processing thereof, and from any judgments, orders, decrees, or settlements entered thereon or resulting therefrom, arising out of, resulting from, relating to, incidental to, or in any way connected to the Applicant's Request(s) and all proceedings held thereon (including virtual and non virtual), in whole or in part, including by way of illustration and not limitation, any administrative appeals; actions to challenge, set aside, or void any proceeding or entitlement; actions to assert any constitutional, due process, or property rights claims or violations; any claims for loss, injury, Ioss of life; any other liability, loss, cost, or expenses; and any and all claim(s) of any kind or nature whatsoever (collectively "Claims"), 7. The Applicant is voluntarily executing this Agreement and has not been pressured, forced, threatened, or coerced to execute this Agreement or to proceed with the virtual Proceedings required for the Applicant's Request(s). The Applicant understands that they have a right to consult with an attorney before signing this Agreement and have either consulted with an attorney or knowingly and voluntarily decided not to consult with an attorney. The Applicant is not under the influence of any drugs, alcohol, medication, any other narcotic or have any mental illness that might tend to affect the ability to knowingly enter into this Agreement and move forward with the Proceedings. 8. The Applicant has read and understand(s) the terms of this Agreement. Release, Hold Harmless, and Indemnification Page 3 of 6 9. The Applicant acknowledges and agrees that nothing in this Agreement shall prejudice the City's right to impose protections pursuant to State, County, City, or any other agency orders, regulations, guidelines, resolutions, and ordinances otherwise necessary to ensure the public health, safety, and welfare of the citizens and employees of the City; nor shall the City be estopped from enforcing the terms of this Agreement for any reason. 10. Invalidation of any of provisions of this Agreement by judgment of a court shall not affect any of the other provisions, which shall remain in full force and effect. 11, The undersigned confirms that they are the authorized representative(s) of the Applicant, are authorized to enter this Agreement, and have authority to bind the Applicant. As applicable, the most recent Sunbiz and a drily adopted Resolution from the Applicant entity is attached hereto. 12. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding and have the same effect as original signatures. [Signature pages follow] [Reinainder of'page intentionally lift blank] Release, hold harmless, mid Indemnification I'age 4 of 6 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its naive by its proper officer on the day set forth above. Signed, Sealed and Delivered I�TLC Biscayne, LLC (.Name of Applicant) a Florida limited liability company (Type of Ccanpany or Individual) By: '—Afiz7 (SiA Kelly P. Kite, (Name of Person Authorized to Sign) Manager (Title) STATE OF Florida COUNTY OF Indian River ) SS The foregoing instrument was acknowledged before me by means of physical presence OR online notarization, this ,)!c" day of q%j r 20,)c>, by a MAt%)AC CQ as of iCrr c_t��tivL Personally Flown or Produced Identification Type of Identification Produced c(I fvl"�� iit or Stamp Name: (�tiM� z two f iNtary Public, State of VLoc-7tor-) Commission No,: C;& D5 Jd My Commission Expires: _l l 1 k--5A ow � Notary Public State of Florida :w Jana Carrington i My Commission GG 253+452 .y ost� Expires 1 vi 3/2022 Release, Hold Harndcss, and 4ndeninificalim Page 5 of 6 CITE' OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clertc APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Release, Hold Harmless, and Indenmificaliult Sane 6 of 6 C�Vl OF ,n r L OaK1�9 BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 696889 Transaction Date: Jun 16 2020 8:45AM Permit Number: FEE SUMMARY Ines Marrero PZ-19-4927 lu and PZ-19-4964 690 NW 13 ST (305)789-7776 Fee Category Fee Fee Description Quantity Unit Type Amount Code HEARING BOARDS - MS-203 COMPREHENSIVE PLAN 0.5400 ACRES $2,700.00 APPLICATION/APPEAL AMENDMENT HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - 2.0000 UNITS $3,000.00 ADVERTISING HEARING BOARDS - PUBLIC HEARING MS-216 CONCURRENCY REVIEW - 0.0000 N/A $150.00 SCHOOL BOARD HEARING BOARDS - MS-205 REZONING (T6-8, O, T6-12, O, L22192.0000 SQ. FT. $85,534.40 APPLICATION/APPEAL T6-24 O, D1, D2, D3. T6-36 O, T6-48 O, T6-60 O, T6-80, CI -HD) HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING 309.0000 NGH X HRGS $1,390.50 MAIL NOTICE - NEIGHBORS HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 63.0000 NGH X HRGS $283.50 1.5.4 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING 3.0000 HEARINGS $13.50 MAIL NOTICE - APPLICANT/APPEALLANT Total: $93,071.90 Rev. Jul/02/2012 Generated on Jun/16/2020 8:45 AM 6/16/2020 https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1kJjLorM%2f2%2bge9hdhO... Department of Finance Online Payments Receipt Your Reference Number: 2020168001-34 06/16/2020 9:17:02 AM Web —user TRANSACTIONS If you have a Transaction ID, please click here 2020168001-34-1 TRANS ID: 696889 BUSINESS NAME: COM Fee Payment FEE NAME: COMPREHENSIVE PLAN AMENDMENT Fee Payment FEE NAME: PUBLIC HEARING - ADVERTISING Fee Payment $93,071.90 $2,700.00 $3,000.00 $150.00 FEE NAME: CONCURRENCY REVIEW - SCHOOL BOARD Fee Payment $85,534.40 FEE NAME: REZONING (T6-8 0, T6-12, 0, T6-24 0, D1, D2, D3. T6-36 0, T6-48 0, T6-60 0, T6-$0, CI -HD) Fee Payment $1, 390.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Fee Payment $283.50 FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $13.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT TOTAL AMOUNT: $93,071.90 PAYMENT American Express Credit Sale $93,071.90 u`'"`"`'iiiiiiiiiiiiuudiiiiiumiuiuiuiiiuiiiiu https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGfl kJjLorM%2f2%2bge9hdhOcx1 LAEI%3d 1/2 6/16/2020 https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1kJjLorM%2f2%2bge9hdhO... CE2020168001-34 https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGfl kJjLorM%2f2%2bge9hdhOcx1 LAEI%3d 2/2 _SVl °F4r H L C3,K1�O (Cit Jof 4NL i BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 697175 Transaction Date: Jun 17 2020 10:05AM Permit Number: FEE SUMMARY Ines Marrero PZ-19-4927 lu (7557) and PZ-19-4964 zc (7558) Addendum (305)789-7776 Fee Category Fee Fee Description Quantity Unit Type Amount Code HEARING BOARDS - MS-203 COMPREHENSIVE PLAN 2.2650 ACRES $11,325.00 APPLICATION/APPEAL AMENDMENT Tota 1: $11,325.00 Rev. Jul/02/2012 Generated on Jun/17/2020 10:06 AM 6/17/2020 https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= 01M%2fTtergjBhJjeH2ybeFN%2bzW31HU%2fg4i6... Department of Finance Online Payments Receipt Your Reference Number: 2020169001-79 06/17/2020 11:12:41 AM Web —user TRANSACTIONS If you have a Transaction ID, please click here 2020169001-79-1 $11,325.00 TRANSID: 697175 BUSINESS NAME: COM Fee Payment $11,325.00 FEE NAME: COMPREHENSIVE PLAN AMENDMENT TOTAL AMOUNT: $111325.00 PAYMENT American Express Credit Sale $11,325.00 `M�""` iiiiiiiiii*iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuuiii https://secure35.ipayment.com/Miami/my/O/print_version.htm?_DOUBLESUBMIT= 01M%2fTtergjBhJjeH2ybeFN%2bzW31HU%2fg4i6nXJm1jlmg%... 1/1