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HomeMy WebLinkAboutApplication and Supporting DocumentationPUat/ City of Miami Planning,Departne t & Office of Zoning httnl/www.nuarrig v , htiplhvwtv.nianimov.cont'aonung E nail: epkrnpz[3rianigov.com Planning: (305) 416-1400 Zoning. (305) 416-1495 RE -Zoning Application Application 4 Co 0 4- NOTICE The submtal needs to Ile scheduled for public hearing accordance with timelines set forth In the City or Miami Code. The applica Fie decision -making body roll review the information at the pubue hearing to render recommendation or a final decia on. PZ-19-4964 06/15/20 r EW COV SUBMITTER INFORMATION first Name: Email; Ines Last Naiue: ines.nun ero@hklaw.com Marrero-Priegues PRIMARY APPLICANT INFORMATION 1' 1st Name: Coapwratiion: Address: City: Email: Ines Holland And KnitOt 701 Brickell Avenue Miani inesrmirero@hldaw.com Last Name: Marrero-Prie ues State: Florida Zap: Phone: (305) 789-7776 33131 PRIMARY OWNER INFORMATION First Name: Corporation: ICETC Biscayne, LLC Address: 2055 US Highway 1 City: Email: Vero Beach Kelly@ktic.us Last Name: State: Phone: Florida 73p: (772) 237-3i4,1,1 32960 PROJECT INFORMATION Project Name: Project Address: City: Master Folio Number: Goldstein Kite Rezoning 690 NW BST Miami 0131360370300 State: Florida Unit Number: Tip: 33136 Z Cr SIGNATURE Ilhat under the penalty of peijiay, I declare that all the information contained in this pent_ application is accurate to the best of my knowled • Tlrat NO work or installation will comrence prior to the issuiinee of a building permit and that all work will be perfumed to meet the regulating construction and zoning in this jurisdiction. • I will, in all respects, perform work in accordauc:e with the scope ofthe permit, the City of Miami's codes and all other applicable laws, ordinances. • That all inforration given wi]] be accurate and that all work will be done in conpl ance with all applicable laws regulating construction aixl • That separate permits may be required runless specifically covered with the submittal of this application • Thit there uuiybe additional pen -nits required from other cntitics. • Fees shall be paid prior to the review and issuance of the permit, as necessary. • Permit fees are non-refiaxlable The subrttal needs to lee scheduled fora public hearing In accordance with la relines set forth In the City or Mlarnl Code. The applicable decision -making body rill review the infor satin at the pu bhp hearing to render recomeriendat or a nnat declaon. PZ-19-4964 06/15/20 APPLICANT OWNER / OWNER REPRESENTATIVE East Name: Signature: Date: Iria Last 1tSrNl rne: Nacre: Signature: 1 Est Name: Date: delV /2 41// 09 IGte 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 Miami 21 Re -Zoning Application / January 2020 Cycle 690 NW 13 Street Miami Dear Mr. Garcia, This submittal needs to be scheduled for a public hearing In accordance with timelines set forth in the City of Miami Code. The applicade decision -making bodywlll review the information at the public hearing to render a recommendation or a final decision. 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 request for Zoning Change from D 1 to T6-12 O. The rezoning requested accompanies an application to change the Future Land Use Map designation of the Property from Light Industrial to Restricted Commercial (companion PZ-19-4927). 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, 2019 Page 2 Analysis supporting Change in Zoning: Article 7, Section 7.1.2.8 Criteria 1 This submittal needs to be schedu led for a public hearing in accordance wibi timelines set forth in the city of Miami Code. The applicade decision -making bodywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-19-4964 06/15/20 Section 7.1.2.8(c)(1): Except where the proposal for the rezoning of property involves an extension of an existing Transect boundary, no rezoning of land shall be considered which involves less than 40,000 square feet of land area or 200 feet of street Frontage on one street. Criteria 1 Support: The application property meets Criteria 1. The Property at 690 NW 13 Street consists of 122,192 square feet (2.85 acres) and has approximately 497.04 linear feet of frontage along NW 7 Avenue and 227.54 linear feet of frontage along NW 13 Street. Criteria 2 Section 7.1.2.8(f)(2) for rezoning from D1 to T6-8 0 or other T6 Transect, the Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity. Criteria 2 Support: The application will request a rezoning to T6-12 0, a transect that is consistent with the immediate vicinity, the surrounding uses, the proximity to Booker T Washington High School, and, importantly, the unique public interest in incentivizing and promoting the environmental remediation and cleanup of a contaminated site next to a public school with a compatible zoning transect that promotes affordable housing development near existing . Criteria 3 Are the proposed changes related to adjacent and nearby districts, and within the scale and needs of the neighborhood. Criteria 3 Support: This property is within 0.2 miles of the Culver Metro Station, one stop away from the Health District station to the north and one stop from the Government Center to the east/south. This location is ideal site for the development of affordable housing for employees of the health district, Booker T Washington High School and downtown Miami. #71334282_v1 Mr. Francisco Garcia November 1, 2019 Page 3 Dr. Wi.11am Chapman Hous otDesign Studios Walking Distance Map to Culmer Station NOTICE This submittal needs to be schebu Led bra public hearing In accordance wiHi timelines set forth in the City of Miami Cede. The appllcade decision -making busy NOR review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 In addition, the application property is the site of the former Biscayne Chemical site, which operated as a retail chemical warehouse used to store bulk cleaning chemicals and solvents for distribution from the 1940's to 2000. The property is presently contaminated. The 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. The current Industrial zoning is completely incompatible with the needs of this community and this area. The application Property is located on the western boundaries of the Overtown community. A look at the existing land uses around the Property are a testament of how this community has been burdened with haphazard development. The rezoning of this Property will provide a place of community and affordable housing without any residential displacement. On October 31, 2019, the undersigned met with representatives of the Planning Department to discuss a current Planning Department study to rezone this area, with particular emphasis on the industrial zoned lands. This study, which appears to be in its early stages, confirms the unsuitability of the Property's current zoning as well as the desirability to encourage mixed use multifamily development near the Culmer transit station. The Applicant is in a position to commence the environmental remediation and clean up of this property as soon as possible. The redevelopment of other properties in this area will depend on the environmental remediation of this site at the earliest possible date. This step, in turn, requires the land use and zoning entitlements to make the remediation and redevelopment financially feasible. #71334282_vl Mr. Francisco Garcia November 1, 2019 Page 4 Future Land Use Plan/Neighborhood Comprehensive Plan NOTICE This submittal needs to be schebu Led bra public hearing In accordance wiHi timelines set forth in the City of Miami Cede. The appllcade decision -making burly WILL review the Information at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 The Property's FLUM designation is Light Industrial. This application includes a Future Land Use Map change from I to Restricted Commercial, a category that is consistent with the requested T6-12 0 zoning. The designation of this area as Restricted Commercial in the Future Land Use Plan Map reflects appropriate planning principles. The current Industrial designation of the Property is based on its location near the rail lines. Similar to Midtown and the US 1 Corridor, the areas abutting the railway lines were dotted with industrial facilities that benefitted from the location next to the rail. As depicted in the plat of Booker T. Washington Jr. High (see, below), the Application Property sat on the west side of the S.C.L. Railroad. #71334282_v1 PUBL./ Mr. Francisco Garcia November 1, 2019 Page 5 BOOKER T. WASHINGTON JR. HIGH re xs.[[Bo+wx B[�ac xwn na. wo4r �n It. [OS xgBOhlyO.R♦ PON S[.•U,fl KSUBOmS,UO O Xf,BS 36.1 91 ar PS PO PI [.,No wrtr,¢ax ,� a O FF o[ U'irorxan. a aaum.B.xcc �� a PAST. COMM n.wm[ P8.12±PG.391 4.007 NOTICE This submittal needs to be sched1ed for a public hearing in accordance with timelines set forth in the city of Miami Cade. The applica*1e decision -making body...AIL rewew the inforrnaton at the public hearing to render a recommendation or a final dada on. The existence of these industrially zoned parcels is outdated and out of character with the Miami communities of today generally, and more particularly, that of Overtown. The FLUM change from Light Industrial to Restricted Commercial is consistent with the Goals and Policies of the Miami Neighborhood Comprehensive Plan as detailed in our separate analysis supporting Future Land Use Map PZ-19-4964 06/15/20 Q`w IEWC°� Based on the foregoing, we respectfully request your favorable review and recommendation. Sincerely, Ines Marrero Priegues #71334282_v1 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!,. MEldasi UM 0 alarr$- wn fi 13W swift, 11101. [Dadra. as c+aa attuatad, Co a patpa, 2S.aaeaJail Ateth i AL :4444 Af Sao .116•;.ai.y e4111 , va tie bauadaa7 LW fortWeat 73h'lttssas. orient, /latish, a* tot aiW;tad to tali SOOO 13na at Vat0hv0at 7Sta+ Stoat, Mud, &•Deana, as fat alattt4dl /.\sate tvn Veit: a distance o: 210;taat alone Oa taut& Lisa of itarthveat 170 Otcoai .1401, 3larida, as eau.al#asaad, 0 44400 manta /duel al.ea t3a .rasa Lira a4 Yoraltrtat ?4Arly*ta0a., 004, tinrlda ar ocv alOated, to lbw gotta of byoqafioln3t ly oaf Salta in 11*41. out C40M3, rlarldal tay.tl.rt v1th hay tafravdaaatl 10ta1ad t1.0041t • tt3+tY 'a• $a015 41 Oa 1arehvaat sonar of arasfrr 444000 at/lOc0UCA.. soon Y1t033, tocat 4.1.4 4o plat tfwr.of Catarred 1n 3'lat Sook St, 'Ago ai, at tie Vobila 4Ra0C4a C= Data ColnitY. llaslda, and &' 4 Nary 004 rive gait : 44007 of torah. vent 70 4.r aua, i*4aa.li f..arida, is oaR ottaateda a dia. 14Ma of 211.13 tot 41 Oa tax: al W0 L0ema gqaf 'Ae WaC4 at v so of 10O4ie isin q0ra 1 Velar ntk 1di4 Ot,33ari,4-- Mgt Diet 1taaitr &Vial, ylsrida, as ntv sitaatkd Ea a paint! thane& tun North a 1lataut at'104 /tat 1001e1 t6 Gas taste bau44s."y Siva at ko03ve4t 70 amens, Maid, *Sarlda, as a04 sitaos44, thuea 1.24 /feat a llttaraea of, 100 fan ps. a11a1 to as taut 411.4 lip Mat aaaat 270 Sttaat, k1.ah1, /letids, as aay.att+waadi eats pals, bsldq tie raeh Sawliaxy 1aao.of V0 4Avaaa tri 000, 3COnl, .41ar14a. as no airust0d, OOase4 tut SaaIS 704 12q1 41oa4 •tlo !prat baaadat7 11_. of Ilartt 10*. Tth Lvwwa, 3*4* i, 42.10/ a. 44 nos alcoved, to the pout *t 0 lamas& .,its amp i4iavamniw .144tuiRt4are i tlesi�at teyttxar 20579PG2870 heals eo E1. 3loathveat cabild Of tat tV' a! Scrilrit 494401 . 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' Dalin 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, as cow situated to the South lima of Nett/moat 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 ii.s4 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.Woos, 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 &areea104: 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 sus: art All F1n4Uda 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 information. on, the best ways to return old. industrial and commercial sitesto productive use in situations Where redevelopment is rorrplicated 7y pout al environmental contamination; :and W1I1 1 EAS., The .City of Mldllli vine;: des.ignaeed as a ;Brownriaida Pilot Project pursuant to the Environmental Protection Agency (EPA) nrownfields Initiative and wHEREASe pursuant to Resolution No, 98-242, adopted March 10, 1998, . the City CoteMission:designated a hro nfields area for remedi :tit,n and rehabilitation which ine1uded Wynwood, and. certain areaswithin overtown -.arid Aliapatcah; and WHEREAS, after further analyses, the Entpowerment. Zane and. two adjacentareas were identified for inclusion 'within the Yrownfields area/ and WHEREAS, the ;City original. 1Prownfie1ds notify the [Florida Department such; ..and., WHS1uA8, the : City of. Miami has : additionally considered the criteria set north in Section 376.8D(2)(a)1 4, 'Florida Statutes,. to viti (1) w} ether the proposed brownfields area, as revised'i:and illustrated on Exhibit A attached .hereto, warrants economic development and has..:a reasonable potential for such activities, (2) whether the brownfielde area represents a reasonably foeueed approach d ea to include the above sites and . Co proac an as not overly large in geographic coverage, whether the brownfields area hae ;potential to iz tereat private Sector in •participating in ,remediationy. (33 tie: rehabilitation. include the 4mpa we;:ment: Zone and adjacent areas; as illustrated on the attached Exhibit A, Section 5. This Re intion Phan became effective i n diate=.ly ip;on its adoption and signature. or the Ma,yoril. PASSED AND ADOPTED-this::23rd day or March , 1999. ATTEST: WALTOA J. VOEMAN ATTORNIV 249,CSK '03 : CAROLLO, :MAYOR In atcardance wily Miami Code Sac, 2.3[1 since tits ay did not Irs+dre tb ap;:ir?v ,I of this legislation by sIgning ft fn.tha designated aa0 provided, said t"g;:4I3tion nc;y bosom ss off actikm with the apse of tort (tQ) rogariing owns, without the .tvtnyor xpratst LLO irom.tho ciate ipt go Won, a.ctic:t vets] h, City Clod( 1/ if - the Mayor does: not Si,.gn thisitelaletion, it shall becoms afrecti:.e at Ilse end of tan calendar :daye #,rom t:ht data it, were 'patsaecti :end eidoptad. It the mall= veto g thin ResOlut-ien, it a1xall became "ettearive immediataly upon override Of Om veto by the ' Ci_ty Commission, Exhibit A City of Miami Brownfields Redevelopment Area En Revised Brownfields Area Existing 8rowilfieldsArea t II uu iEGALR7scx11P11C7N.11recaly.dMari eirwigieWNoa srrrort3Suritraaa.11lrrWir 1)fhaIkddM i1,2jWrNon143d,:giivarPr Wr,*.kxltry 7M071Sand 1ollierr dr,t4Ytu 0..tYAlnOrtp!ti:MN7Ay6riuPWl�ol 1101O dPGY 2htiYrtra1000'0v91,d I1Yrfir noibxr kin^,M9711w:Yra€xt alal1/ ii-lOsAaicti rA NVy7 Aveva ax1 NW 71 St:00 moods In a rrar ioVytfa 161la qr4T$ skce.t Frtx+erlaFr aPaulallriinillen Pffieflrfrl-ol vcsy, j.*zds In a sill=arty drugrcn la NE M'%ael. Nun. l�ii� slulVSi ccaDli °NW2Aveeij, a is la arwilxxly eirtiYal 7.1'SSnoe1 ap:1 N•riccda an it*witr�ty aa01al tolJry7 Avg: 41 G7 Il elan rletkilod fNE(Nrs ggmoa in rx4 p! Uk111dttae14nofif iI IN6 plivespAia:R1Olsw1City, otoxr}e In nreslulpc#acoorto Vn ccv$nkiaD{UteJ S[X40u Fkktr[*k c ds4rastraxytylttotlk+s28Stio4)rucaodslnaWeSttaWdreq}psiotin 27Aftebi7fsozrdskrt3sxdlrxf cLad'x�r la ENN20 BOA I in en oa�nna &POla11oNN 17 Avenue, Ixitkrxi kjN?s kra R.AnOli driktoi,19NW 1a Sandar+jrsts ,Fin an ea5leAy tFtiuhon lu NN.1Z A+rttiva, ilasolybelt/0173 11110On.MailOver, rwerorb soUliaas3e,Fd ttifir alakxr�lh,IvSer'NV&tAON7Av41.*F u.e0,4ieva41,61vr4,rtiar la 9N11 Sloclijisuap*, In unaSttrtyrliadrdx Sii SW2Ywr s,pit:awls Ilea nntlrn'3ydlr3ttial la Ito Nor,aMpar:cods Etcoa mu Mari Rivi4 In tisr_-ryrn ley. ltri l;i 10,11.lr.,vri}ye1 lkn rveaIrs 11.1' lisrkMr, Fit{ Urn'lit - (4109/98 09:21 't«]'305 372 6729 DERM ' SENT i3Y:cof PLAN REV/ASSET MGM; 4- 8-33 ; . T11-1t 1 i 2.04 i ' 14e-162 • 311199 2:27PM CITY OF MAW, RESQLVTION NO, 4 R7 212 . A RESOLUTION, WITH ATTACHMENT, I gSIONATINO A, BROWNFIELDS AREA rN THE CITY OF t!.cfAiti. FLOR DA, TO INt kin* THE WYNwOOD BROWNFLELDS PACT PROXECT AND CERTAIN AREAS WITHIN OVE7}TOWN AND ALLAPATIAHH FOR THE PURPOSE 'OF ENVIRONMENTAL > EMEDIATION, REHABILITATION AND ECONOMIC DEVELOPl►ENT; RAMA AUTHOR TD .11133 CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION • jO02 305 372 6723; ' 2/ 6 W 4EREAS, the State ofFitxida US provided la Cla, 97-27/..tawe ofP,kielthi; rodi6ad as ifc dons f 76.7? 376.24. Florida Statutes, for the designation !sy t iolufli n of certaiti t:on igttoui areas consisting at *tut or more Brownfields sites as "Broirdelds Ant", tittd f'pr the dorrespor ing Provision ofenvironoter& remedietion, re}tclSilitstion and t:rtlornk development for such areas; and CAM, the City of Miami wishes to noti#y the Florida Depertsnert of i/wirnnmeniat Pmtecrion of its brick's', to designate tc Erow=tdetd2 Arca for remedittian, r+rAibitnstian and scartomic development for di purposes set forth In Sections 376.17 376.Ii4i Florida Statutes;'a • WHEREAS, the City of kern' rnl his previously desigciaced a 8rownAelds Prjjiit Project pursuant to the Envirorsrnsrttel Protection Agency Browrfe1ds initiative. the delineetion.of which is to be included in the sre>k proposed for designation under Sections 376.fl.176 24; Florida Stetulcs and IAT1AtNMENT (S)� L SOMTAiNEC .0.4/09/98 09: 22 '&305 372 6729 DEW! SF?T BY;Coe1 PLAN REV/ASSET MGM; 4- 8-B8 ; 2:28P,M s • • CITY of M JAM l 305 372 6726; 3/ 6 P., 031 • WI-IERFAS, the City of Misrni hex sddilianaiiy eonai$ered .ih .coterie set forth in • .• • • . SeIseiort 176.110(zX2)1,-4, Flgria$a Srstutet, namely: (i) tarhsther the pr rposed ,8rgwnfeldi Aram• w$rnnteeiOtutnticdcviloptitint eiid hi a resecoable potential'foe it+clt' a01d.i, () vdtcther the BR'riivi leldi Area representi:ai i(eesnnabty focused ippa'oech 14.s'not overly lerge in.'Saogrephio c4vdrsgi,f(iiii) 'whc hei thi 8rowrpliticis iv :ea. hes potential :.to .i:ifer'ut .i1ie 'privtte iectar :{n' apldirl' Iti rs t.4ist ,iebtbtftitian and seonooLic adeveloprtirx: itid' ,(iv): Trfueitwr. clue , . I�vrnile di,Ares cottiains sirs Wpm* or sites suiiibire f+orihtited rocru 1oata1 open ipaoai. ' cis!. twit!. pi historical pre4ervatloa ptipesee; anti • , • , :• 1y. ig.REAS, rite deiliosted . Brownf c ds Arci 'exptir,dti' : from the EPA. -des ri*ted , 4 row 'le.di not Pm %t tin .V;rrifaitC4 to Includa'perta of Ovcrt4;wf arc( Alispaitte)e; ind .. *.II,tf lwAS•, the prvice4u .s• fe forth to Section 166.W t: Florida Stetutes, have tiara . oliawwed, eitd proper' rtoike ,his be;cn provided hi f000rdsope with Srerions. 376.110(1.).ated' .166.0•0,(3Xc)2.florid4 Siatutis; • I 'NOW, '1'RE'F. OREb,13B 1T RESOLV�5Y Tilt OM'MiHE SSION ifir TCITY OF • S hUAM1, FLOP.XDA: . •3 • Section I. : The Neitidi'irld findings sit forth in the Poximble to Otis ReiplatIon We • • ft.Pieky adopted by tort:rent, tiler, end inoorport►ted inefcin as Ifilt11y self foit]4 in this Section. ' . Sectiaa 2. ' The *rei depicted on "Exhibit A"','iitscbed basso erld incorporited betein .; by reference, Is booby dcsignuad ps a • Srournfu1ds Ales for . environmental reenediition.: rehabilitation anti economic development for the purposes u let forth lit Sections 376.7' i374.14, I Florida Statists*, under 14 Mnvwiig corm* and conditions: . - e. The City of Miami shall be the entity responsible fat the Brownlields Are* site 'rcrraediatlon and rchshilitsrion pursuant, to' Section 376.$0(3), Florida Stitutes. •2- 98- 242 • 003 .0 /09/98 09:23 V305 372 6729 DERA Q004 SENT BY:COM PLAN REV/ASSEC MGM; 4- 8-68 ; MOM i ; CITY OF MIAMI-' • 1 1 • 305 372 672e ; # 4 / s H,o'a+r++e.rt such dei'$su tion shill not render the City of is?ti liable for costs cf sits remediation, tstbilitstion, and economic dcvplopriet(t of source tcmah411)1 those tams ate defined in Sections 376,17-376.114,'>"ricirid* Statutes. • not render the City of Misiml 1la1}1e for posts of site b Such ctosi�stion fall , . !<ltilfdistbRr f!hsbiand . litetan ieconomic development er source removal, is those � . %a Set1on 376.79(t4) end (1 Siil j,1loti Stitutes, Or for any other i�erm3 Puri defined .e:.. those cost, attributeOle'to he City of ii�r"a role 'as costa, abc��R it'd be3► 't Sro'wnfleld,,Ares site remedieti#in Er+d rehab itation program' 'adrrtieittratnr'i�l'e, � . � •• p!o owner within, the'dr'signatcd Browntletde Ares. End >`+ a . penY '/' t suthiud,to;notif the Florida Department of Section tied 3, the CityMaw;er +a herebyor n of the City of Wore"' decision to desi�+ete a Brotinflelds Ares for • Environmental i?toteCeLo .. . conomie de`relopn�l for. she purposes' stet- forth in Se tiarts iemad�tidn, reltidiilit+�!uori and e � , ' ' 314.71f316,e4,' lorie4a•Statiitd• effective irnurtsditttely iipon on • its adopti. Sactinit 4. :1tds Rclrolutiotr shall became , • . �y oc u�r�r� 148_ *vrl>r. sAxzrA~irot • • Whig( dd rt011 dtOttl, approval d s r�Ih wog ow* 1 4 =aq, ig(d i said 1ag1e1pproi l al . bp,pp 9os *ir► No destona pieee Vita 644004, ectsie , digriati! aIsPae al ten t%0 - hat Ma data d Comtii5Iicn action um' :About the May, -� • .ems _ ATTEST: WALTEt f. FOEMAK CITY CLERK w3- 98- - 24 04/09/98 09:23 /1305 372 6729 DERN SENT BY : COM PLAN REV/ASSET MGM; 4— 8-88 ; 2:28PM ; • . .'AF:PARED AND ,PP OYEP BY: rs r A K .LLY- ASSISTANT CITE ATT RAY . I.16KIpti /W2327 • 1 • • CITY OF MIA{!-► @j 005 305 372 6723;# 5/ 6 APPROV'EO AS TO FOAM?] • L EDWARD RJM'CITY A ORNEY ' r �• • Exhibit A City of Miami-Brownfselds Redevelopment ___ j 12 '3 al11 jIktill 11 lllw��i-M � I . .. w. `"wnMi li ,�-1v,�n ±r^:awir ansM.0 1 #r111r=•""" . 14 �,:4" --i.. ime etli.. y- ` mi arum1.111 -I000MMIOral ih:Iw,t.paw _.` i 2 NI ta awes w...w .�.I�atnl Iiui1N11w...ufF„ a�.a.�wiraiiimmisiP.j--��*,r—' al !wr« IribrilESSM-"Sts9:":47-01:11),. i[iiis;Ft � a� "C -vita littaaanativaim.iTat-aaworia.aleigam-ammig - MA...kklikiljr-2.4111141Plitik Eo,orta ,..-....., ... .........i.k. EN wiNvfimal ,;,,. ..I.,.. .,,...„,..,_ 2 EP Mi r, dllt:i h1 Mig tr#ial'k��� 111 L •pia mimaiV\11.0Iwiir r ill ���1 pi11H911g] %1 ri�i ; �I�Mwiw! %Ns lima.aa•! I. ill>lei" • .4'K'wnIE L GAL DEscrilmota The Ciiy 04 IM.�IOMM4.iId i . aarIl.d i i t1• ;aim*. b(Ifdia.i: - a q bound by We ma! *0 OwEsil-Weal O avircaab of :IN $ 05 EXM'M.iYr1:lIMwOWM in a wearily di1R.tl.w br . aloft Om o.nb rin. a! tlsr [9rt EMPIS..wry iflOnter ie; tA.11'laloll M iarMlnYtiyltfoll i1i !hr nata.alih-1 15 bnmdny /hi 466,it waft visittl-.' loiarn . wwlarly diribion.b I Z711 Alma*peam/ft i1 ri acialbado dwl�oAYNii201h-8Ywr, IwMo-1Aa Orotordl1nawowl.flydgiiikeli AAll2a /lra.ri, mi a t_' *radian go aaW Nell WWI; Von wady W w..R frib yrr Ikeihreet bark la amt. Virporgniphimibousidirf r 0 m 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 BROWNFIELDS 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 Brownfields 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'opeiating in the Brownfields Redevelopment 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) consecutive 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 Sections 2-301 et seq., and no person the requirements of shall be confirmed in appointment who has not filed the statement Section 2-305. required by 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 fall 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. 6 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 - 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: . LINDA KELLY KEARSON ASSISTANT CITY ATTORNE JOE CAROLLO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: JOEL EDWARD MAXWELL INTERIM CITY ATTORNEY LKK/W472 9 Attachment B {00011878.DOCX. 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 62-780.500). 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 (62-780.500, 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 62-780.450,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 BS RA. 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. No comment required. Initiate Operation of Active Remedial Action Within 120 days of RAP approval. No comment required. Proposals submitted pursuant to subsection 62-780.700(15), F.A.C. Optional during active remediation Within 60 days of receipt Remedial Action Status Report (Monthly or quarterly status reports may be 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 Remediation Monitoring (PARM) Plan When the site meets the criteria for NFA (see Rule 62-780.680)or Leveling -Off (see Rule 62-780.700(17)) Within 60 days of receipt, Post Active Remediation 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 Remediation Monitoring (PARM) Plan resampling proposal (Rule 62-780.750(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 60 days 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), F.A.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 PRFBSR 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 ii of ii 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 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' . • erations, or the remediation and redevelopment activities pursuant to the BSRA. /IL. if 07.00121i Signature of Real Property Owner Signature of Witne Print Name: 4030C16" t Q(lneZ-C to WO Title, if applicable r-P( e s, d e n -/- o5/24 / Tat 8 Date Date Print Name: l Clq E MA/ O5/2`t1 zo/8 (00023937.DOCX. I ) Date Site Access Agreement Brownfield Site ID #: BF139801015 May 25, 2018 Page 2 of 2 Accepted by MDC by the following authorized agent: Signa-ef-Dep tment representative Print Name: ...Saildra %R, e7c/4 Title ofJOepartment re resentative ,S/3o/) g {00023937,DOCX. 1 } Signature of Witness Print Name: %l Ct �� / i 7& Date Attachment D {00002394.000(. 1 } (City of 41Thtmi 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, Sue Trone Chief, Comprehensive Planning PLANNING DEPARTMENT 444 S.W. 2nd Avenue, 3rd Floor / Miami, Florida 33130 / Phone: (305) 416-1400 Fax (305) 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 Name Environmental Property Audits, Inc. Contractor Address: 12700 Biscayne Boulevard, Suit 401, North Miami, FL 33181 Date: RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY May 24, 2018 Contact Name: Byron R. Wood, L.E.P., C.G.C. Phone No.: (800) 404.0443 Brownfield Site ID #: 13F139801015 Fax No.: Contractor Certifies by Checking All Appropriate Boxes: 1. tt 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. 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 of f Officer of the Company and Date Signed Print Name of Officer of the Company Yes No 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.DOCX, 1 } it 7 HEALTH 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 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, NON -POTABLE WATER - MICROBIOLOGY, NON -POTABLE WATER - PESTICIDES-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. 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, 7/04 NON -TRANSFERABLE E86006-36-1111312017 Supersedes all previously issued certificates FIS4�d'a' 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 E86546-45-0710112017 Supersedes all previously issued certificates Attachment G (00002394.0OCX.1 } Advisory Committee Members Ms. Loren Daniel, Youth Development Specialist* Urgent, Inc. 1128 NW 7th Avenue Miami, FL 33136 loren(c urgentinc. org (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 daniel.acosta mccormackbaron.com (314) 621-3400 Mr. Mario Borda, CEO**** Borda Commercial Real Estate. 175 SW 7th Street, Suite 2416 Miami, FL 33130 rnario@bcre.us 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 {08002394.0OCX. 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. {00011926.DOCx. 1 } Page i of xv 10/26/15 Revised BSRA Model This submittal needs to be schedu Led for a public hearing in accordance malines set forth in the City of Morn' Code. The appLica deusion-rria Icing body wIlL renew the information at the public hearing to render a recommendation or a lanai dec.W on. © 2019 r_.--briogIE.. Uzi Eiept of 'Di:ate Gecgraphr t20I C-.6ugle Googie Earth Thle au bmklel needs ta be erne,. far a pubic beerin9 In accordance MP rnellnee set fon, In the City m Mlaml Code. The applicable decision -making bolt rill receorte pronmolion al the pubic bearing to sender a PZ e®m 19-4964 06/15/20 GRAPHIC SCALE so LEGEND ALTA / NSPS LAND TITLE SURVEY 1—STORY SIRUCT11oRE 1690 ale ILDWG ToZIN'LL ANTED = 9.908 s/f WELELOW sy. U 0-3 1—STORY SICK -ME BUILDING rGmaww AREA SAW SAF S871535%I 332.BY CB PROPERTY ADDRESS: LEGAL DESCRIPTION (per Title Commitment): LEGAL DESCRIPTION (Metes & Bounds): TITLE REVIEW NOTES: 9� \ G vL y_ \ oT Irorclo ALL, JOB SITE VICINITY MAP NOT TO SCALE PORTION SECTION 3E-53S—EIE SURVEYOR'S NOTES: SURVEYOR'S CERTIFICATE: W CO 0 0 • 10 m 6175 NW 153rd STREET. SUITE CHECKED, PALA. FIELD LUTE. o6/19/2oI 1 OD SHEDI PZ-19-4964 Change of Zoning Application for 690 NW 13 Street Index of Documents PZD-1 Index of Documents PZD-2 Pre -Application Meeting Form PZD-3 Signed Rezone Application PZD-4 Letter of Intent This submittal needs to be scheduled fora public hearing in accord and wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the pubc hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 PZD-5 Legal Description & Sketch of Proposed New Zoning Designation Exhibit "A" PZD-6 Existing Zoning Map PZD-7 Proposed Zoning Map PZD-8 List of all Folio Numbers PHO- 1 Photo -North View PHO-2 Photo -South View PZD-HB-1 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 Applicant LLC PZD-HB-8 Signed Certification from person preparing owner's list PZD-HB-9 Owner's list in Excel PZD-HB-10 City of Miami Lien Report #71399754_v2 PURR. ie SUMMARY -PRE -APPLICATION MEETING Select one: ❑X REZONE ❑X FLUM O Date of Pre-Applicatio o y� _JEa NOTICE Applicant Name: Ines Marrero-Priegues, Esq. on behalf of KTLC Biscayne, LLC PZ NUMBER (if applicable): PZ-4927 (FLUM); PZ-4964 (REZONE) This submittal needs to be scheduled for a pubic hearing accordance with timelines set forth in the City of Miami Code. The applicade decision-rna king bedywill renew the inforrnaton at the pubbc hearing to render a recommendation or a final decia on. Site Address: 690 NW 13 Street 14,0 Attorney: Ines Marrero-Priegues PZ-19-4964 06/15/20 Q`w rEW C°' Applicant (Owner): Rumasa Select, as applicable: Additional notes, as applicable Existing Zoning: D1 Proposed Zoning: T6-12 0 Existing FLUM: Proposed FLUM (if applicable) LIGHT INDUSTRIAL RESTRICTED COMMERCIAL, GENERAL COMMERCIAL ISSUE(S) TO REVIEW Answer Required Does LOI clearly explain the request? If "no," ask applicant to revise. YES Does LI provide a reason for the request? If "no," ask applicant to revise. YES Does the LOI establish that there is changed or changing conditions? If "no," ask applicant to revise. YES Is this in an Historical District Overlay? NO Is this in a Tree Preservation Overlay? NO Does LOI explain how the change of zoning fills a "valid interest" to the City? (disparate impact) YES Does the applicant examine previous zoning changes, as relevant, within a 500-ft radius? YES Will there be a covenant? Note: If a covenant is not submitted at time of.Pre-Application, this will cause delays of two months. Document this in your Pre -Application notes. NO 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 Print Name Signature Date Planner: Antonio Perez /Guillermo de Nacimiento it/so jai, Applicant/Representative: Ines Marrero-Priegues A evise 8.21.201 F:\DRAWING\ALTA SURVEY\690 NW 13 STREET — RP19-0933\690 NW 13 STREET_SKETCH_LEGAL DESCRIPTION_RP19-1361.dwg 11/7/2019 SKETCH & LEGAL DESCRIPTI PROPERTY ADDRESS: 690 NW 13 STREET, MIAMI, FLORIDA 33132 Folio# 01-3136-037-0300 This submittal needs to be scheduled fora pubic hearing in accordance wM1h timelines set forth in the City of Miami Code. The applica decision -making body will renew the information al the pubge hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 LEGAL DESCRIPTION: 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.87°43'22"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 39°33' 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 on 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. MOY(I )�a� LAND SURVEYORS, INC. LB # 7282 PHONE: 305-822-6062 * FAX: 305-827-9669 6175 NW 153rd ST. SUITE 321, MIAMI LAKES FL 33014 Job # RP19-1361 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 DKEICH AHD L_GA_ b CHIPII011 of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. Jacob Digitally signed byJacob Gomis Date: 2019.12.02 Gomis 07:40:22-05'00' Jacob Gomis Professional Surveyor & Mapper State of Florida Reg. No. 6231 Dated: November 7, 2019 Sheet 1 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets Z 0 =I 0 it CD Z SKETCH & LEGAL DESCRIPTION 35.0' "BOOKER T. WASHINGTON JR. HIGH" / TRACT "A" \ ` PLAT BOOK 129, PAGE 39 1 N.W. 13th. STREET j 50' TOTAL PUBLIC RIGHT—OF—WAY N I N87°43'22"E 227.54' SOUTH LINE OF N.W. 13th. STREET POINT OF BEGINNING N.W. CORNER OF "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 27.5' NORTH LINE OF TRACT "C" (-----------"BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 "SEVENTH AVENUE COMMERCIAL 7°45 39 W 332.82 RDIVISION"PAT BOOK39,PAGE 28 .S H LAN LB # 7282 PHONE: 305-822-6 6175 NW 153rd ST. Job # RP19-1107 Thls subrnWtal needs to be echedu led lore public hearing in accord ance wM1h tl melines set forth come city of Miami Catle. The anplEubte declsinn-ma ling body will renew the Information at the public hearing to render recommendation or a final decison. PZ-19-4964 06/15/20 60 GRAPHIC a TRACT "C" "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 ( IN FEET ) 1 inch = 60 ft. \ 2 Set 2 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets yy } Tfi.- G 1 € "— t T5-] City of Miami Planning and Zoning NV0 107F', • ry02 I.S Iri November 5, 2019 r fE C p re 3 ' 7 r`-� Subject Site Address: 690 NW 13 Street This submittal needs to be schedted for a public hearing in accordance with timelines set forth in the City of Miami Code. The applicas decision -making bcdy will renew the inforrnaton at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 T5-0. z I T3-[:, r� ,i iwbti°-9-' I H` 'Ir i 54^* 1 -'-I T I Il • 11t;i1-6 - 1 I H • t_ • rt}nr ••3Ir 5"OFF RAM�P� z ,I_ 5 1:9,028 0 412.5 825 1,650 ft 0 I 1 I 125 1 1 1 250 500 m e City of Miami, Information Technology Department, GIS Team ©2017 © 2019 Microsoft Corporation © 2019 Dig italGlobe ©CNES (2019) Distribution Airbus DS City of Miami, ITD, GIS Team © July 2019 City of Miami Planning and Zoning Proposed T6-12 0 Zoning Radius Map for 690 NW 13 Street This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of 4 Miami Cre rntc a applica de decision-rm king body will 'f+\\renew the infonnapon at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 FOLIO 01-3136-037-0300 This submittal needs to be scheduled fora public hearing in accord and Intl timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the punt hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 F:\DRAWING\ALTA SURVEY\690 NW 13 STREET — RP19-0933\690 NW 13 STREET_SKETCH_LEGAL DESCRIPTION_RP19-1361.dwg 11/7/2019 SKETCH & LEGAL DESCRIPTI PROPERTY ADDRESS: 690 NW 13 STREET, MIAMI, FLORIDA 33132 Folio# 01-3136-037-0300 This submittal needs to be scheduled fora pubic hearing in accordance wM1h timelines set forth in the City of Miami Code. The applica decision -making body will renew the information al the pubge hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 LEGAL DESCRIPTION: 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.87°43'22"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 39°33' 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 on 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. MOY(I )�a� LAND SURVEYORS, INC. LB # 7282 PHONE: 305-822-6062 * FAX: 305-827-9669 6175 NW 153rd ST. SUITE 321, MIAMI LAKES FL 33014 Job # RP19-1361 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 DKEICH AHD L_GA_ b CHIPII011 of the real property described hereon. I further certify that this survey was prepared in accordance with the applicable provisions of Chapter 5J-17, Florida Administrative Code. Jacob Digitally signed byJacob Gomis Date: 2019.12.02 Gomis 07:40:22-05'00' Jacob Gomis Professional Surveyor & Mapper State of Florida Reg. No. 6231 Dated: November 7, 2019 Sheet 1 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets Z 0 =I 0 it CD Z SKETCH & LEGAL DESCRIPTION 35.0' "BOOKER T. WASHINGTON JR. HIGH" / TRACT "A" \ ` PLAT BOOK 129, PAGE 39 1 N.W. 13th. STREET j 50' TOTAL PUBLIC RIGHT—OF—WAY N I N87°43'22"E 227.54' SOUTH LINE OF N.W. 13th. STREET POINT OF BEGINNING N.W. CORNER OF "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 27.5' NORTH LINE OF TRACT "C" (-----------"BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 "SEVENTH AVENUE COMMERCIAL 7°45 39 W 332.82 RDIVISION"PAT BOOK39,PAGE 28 .S H LAN LB # 7282 PHONE: 305-822-6 6175 NW 153rd ST. Job # RP19-1107 Thls subrnWtal needs to be echedu led lore public hearing in accord ance wM1h tl melines set forth come city of Miami Catle. The anplEubte declsinn-ma ling body will renew the Information at the public hearing to render recommendation or a final decison. PZ-19-4964 06/15/20 60 GRAPHIC a TRACT "C" "BOOKER T. WASHINGTON JR. HIGH" PLAT BOOK 129, PAGE 39 ( IN FEET ) 1 inch = 60 ft. \ 2 Set 2 of 2 This Document is not full and complete without all Sheets, Containing a total of (2) Sheets ACKNOWLEDGEMENT BY APPLICANT 1. The Department of Resilience and Public Works, Transportation, Coordinated Review Co and County agencies review zoning public hearing requests and provide input, which may and outcome of my hearing. These reviews may require additional hearings before other C boards, which may result in the modification of plans, studies and/or the proffering of agreem recorded. The submission and acceptance of a request for public hearing means that the appli be scheduled for public hearing. I am also aware that I must comply promptly with any City or Co and notify the Hearing Boards (Hearing Boards) in writing if my public hearing application will be with 2. 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). 3. 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. 4. 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. 5. If my request is denied, deferred, or otherwise not approved, I understand that I will not be reimbursed for any fees paid. 6. 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. 7. 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. 8. Any and all documents submitted must be accompanied by a cover letter indicating the subject matter, application number and hearing date. Ines Mrrtie o - Priecmes Applicant(s) Name Printde This submittal needs to be scheau lee fora public hearing in accordance wipe timelines set forth in the City of Miami Cede. The applica decision -making body will review the Information at the public hearing to render a recommendation or a final dotes on. CLA4 AR, / 1! 0/f A Iican (s) Si ture and a e STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this I S} day of 20 119 , by e )`floor.e_r o - r-s P :i e_ who is a(n) individual/partner/agent/corporation a(n) individual/partnership/corporation. He/She is personally known to me or 0 who has produced as identification and who 0 did did not take an oath. (Stamp) PZ-19-4964 06/15/20 Signature Rev. 04-16-2019 Note: Annual Registration Expires on 12/31/2019 0 4- PUBL,C CITY OF MIAMI LOBBYIST REGISTRATION FORM Instructions: Please complete all sections of this form and submit the completed form, 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 that section. IF ANY SECTION IS LEFT BLANK, THE FORM WILL NOT BE ACCEPTED. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision-rna king body will renew the information at the public hearing to render a recommendation or a final decision. Vlo EVIEW c0a m PZ-19-4964 06/15/20 • 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 Business Phone: 305-789-7776 NO Email: ines.marrero@hklaw.com (you must check YES or NO) Business Address (include Zip Code): 701 Brickell Avenue, Suite 3000, Miami, FL 331:31 (2) Principal Represented: KTLC Biscayne, LLC (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) � �i7/0.[ 0 PURL, xiyP (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 This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica de decision -making body will renew the lnforrnation at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 v"' V IEW CO 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. c yis h , as registering as a loohbyist, submi Ito th Offie h Ci tea Eachlobb ' � shall' �ililnn�ix� , 60) y �af�e e, ty��le k certificate of completion off n7ethics ourse offered by the Miami -Dade County�„Comm ssion on Ethics Public Trust (i4Ethies ,,Commission") 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:abended. ca STATE OF Florida COUNTY OF Miami -Dade Sworn to (or affirmed) and subscribed before me this 01 day of November Ines Marrero-Priegues (Name of person making statement) Signature of Notary Public Personally Known: OR Produced Identification: ure QfLobbyis rr � 2019 Damaris Almaguer , by Type of Identification Produced: Name of Notary Typed, Printed or Stamped (JfT4RY.CRAt <rijv vn. DAMARIS ALMAGUER MY COMMISSION # GG 097089 uTnf � EXPIRES: April 23, 2021 "• off; °•• Bonded Thru Notary Public Underwriters FOR OFFICE USE ONLY 0 CM-LRF (Rev. 06/19) Page 2 of 2 HOLLAND & KNIGHT LLP 1046428 CITY OFMIAMI 111111111111111111111111111.111111111111111 I1111 11/04/2019 Invoice # Invoice Date Description Office- Dept Prof 500-2017-7327 s, 11/01/2019, Send To: A30250" Damaris Almaauer Please forward to Damaris Almaauer Client.Matter: 164710.00001 NOTICE This submittal needs to be scheduled for a public hearing in accordance with meline, set forth in the City of M am Ccde. The appl cade den sion rnaking body will renew the lnforrnaton at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 105.00 Holland & Knight LLP Miami Account 524 Grand' Regency Boulevard' 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 Citi' Bank N.A. Tampa, FL Req.#: 2096477 CHECK DATE November 04, 2019 3003485 63-8655/2660 CHECK AMOUNT $105.00 VOID AFTER 6 MONTHS TWO SIGNATURES REQUIRED ON CHECKS OVER $5,000 HOLI,/�ND & KNIGHT LLP li'00300363511' 1: 26601365544 9 L44 2533139v Sales Ta Received -I Addrss: For: This Receipt not VALID unless date , filled in and signed by authorized em- ployee of department or division des- ignated hereon and until the City has collected the proceeds of any checks tendered as payment herein. IC I FN/TM 402 Rev. 03/03 • By: • Depart Divisio City of Miami FACIAL RECEIPT • No. Date: 1 Distribution: White -Customer; Canary- Finance: Pink - Issuing Department Holland & Knight LLP Miami Account 524 Grand Regency Boulevard 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 Citi Bank N.A. Tampa, FL Req.#: 2096477 1 CHECK DATE November 04, 2019 NOTICE This su brniliat needs to loe schedu Led tor, public hearing in accordance with meline, set forth in the City of Miami Cede. The appLica tie deusion-ma king body renew the Inforrnaton at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 3003485 63-8655/2660 CHECK AMOUNT $105.00 VOID AFTER 6 MONTHS TWO SIGNATURES REQUIRED ON CHECKS OVER $5,000 HOLLAND & KNIGHT LLP v00 300348 Elm 1: 2660E165SW: 91 25338civ Received torn: _ 'This Receipt not VALID unless date , filled in and signed by authorized em- ployee of department or division des- ignated hereon and until the City has collected the proceeds of any checks tendered as payment herein. ri,l/TIVI 40,/. Rev, 03/03 City of iViiami OFFICPAL RECEr I No. Pate: LLL1I By: Departn, ent. Divisior Distrthuticyl: WhiSte Cusiorner; Canary Finance; Pink - Issuing Departmeni /100 Dollars AFFIDAVIT OF AUTHORITY TO AC Before me this day, the undersigned personally appeared Ines Marrero-Priegues, Esq. who being by me first deposes and says: NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica tie decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 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 modific ion of a classification or regulation of zoning as set out in the foregoing petition, ncluding or 0 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 A lica s nature Pp �() Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE ,...fi The foregoing was acknowledged before me this day of :-)Verr ! :( 20 i q , by —4-:c e ct r ' 'a'o P ; -€' ,,.. who is a(n) individual/partner/agent/corporation/of J a(n) individual/partnership/corporation. hisre p/corporation. He/She is © personally known to me or 0 who has produced _ as identification and who 0 did O did not take an oath. (Stamp) TIA WILLIAMS MY COMMISSION # GG 305680 EXPIRES: June 15, 2023 Bonded Thu Notary PuliteUnden ear Rev. 10-18 This submittal needs to be schedu led for a public hearing in accordance with timelines set forth in the city of Miami Code. The applicade decision -making bodywill review the Information at the public hearing to render a recommendation or a final decia on. PZ-19-4964 06/15/20 Owner's Authorization to City of Miami, Florida and Holland & Knight, LLP, 1,,,/ to file FLUM and Zoning Change for 690(W 13 Street KTLC, LLC ("Owner") 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 acknowledged this /! of f/C Y'-(- , 2019. By: #71283647vl KTLC Biscayne, LLC CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FORAGREEM SUPPORT OR WITHHOLD OBJECTIO NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision-rna king body will renew the Information at the public hearing to render a recommendation or a final decision. The City of Miami requires any person or entity requesting approval relief or 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. PZ-19-4964 06/15/20 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 CeII 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 PUBL,C CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FOR AGREEM SUPPORT OR WITHHOLD OBJECTIO G 0 r4 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision-rna king body will renew the Information at the public hearing to render a recommendation or a final decision. Please describe the issue for which you are seeking approval, relief or other actio the City Commission, board, authority, agency, council, or committee. PZ-19-4964 06/15/20 VIEW 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 0 PUBL,C CITY OFMIAMI DISCLOSURE OF CONSIDE PROVIDED OR COMMITTED FORAGREEM SUPPORT OR WITHHOLD OBJECTIO ACKNOWLEDGEMENT OF COMPLIANCE G r4 NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Cede. The applica tie decision-rna king body will renew the lnforrnaton at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 IEW C°" 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: 1. 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 Sworn to and subscribed before me this 1 day of `l' P\f r\ bQ d , 20:0 /9 . The foregoing instrument was acknowledged before me byIrp,,> i�• P r who has produced 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: Lk - Doc. No.:86543 Page 3 of 3 PUBL, DISCLOSURE OF OWNERSHIP List the owner(s) of the subject property and percentage of ownership. Note: The Miami City Code requires all parties making any presentation, formal requ • petition to the City Commission or any City board with respect to any real property to m 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. NOTICE This submittal needs to be scheduled for a public hearing in accordance with timelines set forth in the City of Miami Ccde. The applica tie decision -making body will renew the information at the public hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 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. 01-3136-037-0300) 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. Owner(s) or Attorney Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this ISM day of k nr ke , 20 1ri , by Trrves3 o ' Py- tf c 1 who is a(n) individual/partner/agent/corpp, ration 61 individual/partnership/corporation. He/She is Of personally known to m or 0 who has produced as identification and who 0 did did not take an oath. ts$\" EW OD - Signature a(n) 0 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 This submittal needs to be scheduled fora public hearing in accord and Intl timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the punt hearing to render e recommendation or a final decision. PZ-19-4964 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. PUBL./ G 0 4 State of Florida Department of State NOTICE This submRtal needs to be scheduled fora put:, bearing in accordancep timelines set forth in the City of a Miami Code. The applicable decision -making body will renew'. Information at the publx bearing to render a reco mendabon or a final decia on. PZ-19-4964 06/15/20 Q�<t• VIEW CO' 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 Secretary of State Tracking Number: 3579431065CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https://services.sunbiz.org/Filings/Certificateofstatus/CertificateAuthenticatiorl 500-FOOT RADIUS MAP OF: NW 14TH ST 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 DATE: October 28, 2019 GRAND PARK REPUS 040 SCALE: 1"= 150' The Zoning Specialists Group, Inc. 7729 NW 146th Street Miami Lakes FL 33016 Ph: (305)828-1210 www.thezoningspecialistsgroup.com HGHLA PA 11TH ST BCO(ERT W ASHINGTGN JR HIGH 3TH ST NW 14TH ST BGGKERT WASHINGTCN JR HI 050 CIAMER VILLAS NOTICE PZ-19-4964 06/15/20 1 1III 111 The Zoning Specialists Group, Inc. October 28, 2019 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 SPECIALISTS 3ROUP, INC. Omara R Lopez, preside 7729 NW 146th Street • Miami Lakes, FL 33016 Phone: 305 828-1210 www.thezoningspecialistsgroup.com NO1 This submittal needs to tie sc in cordancew�wdmeo. Miami Ccde. The appllcahe review the information atthi recommendation PZ-19- 06/1f. This submittal needs to be scheduled fora public hearing in accordance wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the information at the pane hearing to render a recommendation or a final decision. PZ-19-4964 06/15/20 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 following report 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 City of Miami Ines Marrero Priegues Holland & Knight LLP 701 Brickell Avenue, Suite 3300 miami FL 33139 Property Search Notice This submittal needs to be scheduled fora public hearing in accord and wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the Information at the punt hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 06/28/2019 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: 06/28/2019. 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: Property Address: 01-3136-037-0300 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 W247.5FT TO POB LESS W2OFT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Amount Payable On: 06/27/2019 to 07/28/2019 0.00 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 This submittal needs to be scheduled fora public hearing in accord and wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the Information at the punt hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 Ines Marrero Priegues Holland & Knight LLP 701 Brickell Avenue, Suite 3300 miami FL 33139 06/28/2019 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 W247.5FT TO POB LESS W2OFT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Property Search Findings - Pending Liens Lien No. (Case Number) Description Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami This submittal needs to be scheduled fora public hearing in accord and wM1h timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the Information at the punt hearing to render e recommendation or a final decision. PZ-19-4964 06/15/20 Ines Marrero Priegues Holland & Knight LLP 701 Brickell Avenue, Suite 3300 miami FL 33139 06/28/2019 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 W247.5FT TO POB LESS W2OFT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due Sub -Total 0.00 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 01-3136-037-0300 NO OPEN VIOLATIONS FOUND. This submittal needs to be scheduled fora public hearing in accord and wtl timelines set forth in the City of Miami Code. The applicade decision -making body ...AIL renew the Information at the punt hearing to render. recommendation or a final decision. PZ-19-4964 06/15/20 Page 5 of 5 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 following report 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 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 W247.5FT TO POB LESS W2OFT 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 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 W247.5FT 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 Address If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 3 of 5 City of Miami 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 W247.5FT TO POB LESS W2OFT FOR ST BLK 6 LOT SIZE IRREGULAR OR 20579-2868 0702 1 Property Search Findings - Open Invoices Invoice Customer No. Lien No. Description Amount Due 2006831 9184 Storm Water Utility 2,081.45 Sub -Total $ 2,081.45 If you have any questions, please call (305) 416-1570. Please retain this page for your records. Page 4 of 5 Violations Detail Report Folio Number: 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?DQUBLESUBMIT=FwAIjMrQjk%2b4uQUg5fP15ra4NiTiXMNjg41HLE... 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 CUSTOMER #: 9184 AR Payment INVOICE #: 2006831 BALANCE DUE: 2081.45 $2,081.45 $2,081.45 TOTAL AMOUNT: $2,081.45 PAYMENT American Express Credit Sale $2,081.45 CARD NUMBER: ***********1014 LAST NAME: Carr•n toll IIII III I IIII 111I u CE2020 6800 -89 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBM IT= FwAIjMrQjk%2b4uQUg5fP15ra4NiTiXMNjg41H LE%2fG5a1%3d 1/1 Contact Name Location Phone Email District 5 The Honorable Keon Hardemon 3500 Pan American Dr. Miami, FI 33133 (305) 250-5390 khardemonamiamigov.com Overtown NET Office Brandyss Howard, Administrator 1490 NW 3rd Ave. Miami, FI 33136 (305) 960-5133 bhoward@miamioov.com City of Miami, Planning Department Jacqueline Eillis - Chief of Land Development 444 SW 2 Ave 3rd floor Miami, FL 33130 (305) 416-1446 JEllisamiamigov.com e Dade Heritaga Trust Christine Rupp,190 Executive Director SE 12th Terrace Miami, FI 33131 305-910-3996 Chris@dadeheritagetrust.orq SEOPW Community Redevelopment Agency Poinciana Village Condominiums Cornelius Shiver, C.E.O. Maya Passmore, Marketing Coordinator Kaye Johnson, President Marco Osores, Property Manager 819 NW 2nd Avenue 3rd Floor Miami, Florida, 33136 269 & 201 N.W. 7th Street Miami, FL 33136 (305) 679-6800 (305) 505-5576 (305) 553-9731 cshiver@miamigov.com MPassmore@miamioov.com johnsonkave@comcast.net mosores@unlimitedom.com> Snug Harbor Townhouse Assoc., Inc. Rebecca Ojo-Olorunfemi: President 1000 NW North River Drive Box 1 Miami, FL 33136 prefers all correspondence be sent via mail or email snuoharbortownhomesacimail.com The Village of St. Agnes Ivlalrc vvanen, rlemuelll Nattaliah Earle, Secretary Monique 301 N.W. 19th Street Miami, FL 33136 (305) 430-1004 boardofdirectors@thevillasofstaones.com Town Park Plaza North Condominium Association Inc. Renata Cunningham (President) Valeria Smith (Vice -President) 1955 NW 5th Place Miami, FL 33136 (561) 618-1273 (786)709- 2865 cunninohamrenardaacimail.com valeria smith@vahoo.com Spring Gardens Assoc. Carlos Salas: Spring Gardens Civic Association President 1021 NW North River Drive 305-790-9240 sprinociardenhistoricdistrict@omail.com carlosIsalaslr@omail.com Miami River Commission Brett Bibeau, Managing Director 1407 NW 7 St, Ste D Miami FL 33125 (305) 644-0544 (305) 642-1136 (fax) miamiriverl@bellsouth.net Town Park Plaza Village Lillian Slater 1680 NW 4th Ave. Miami, FI 33136 (786) 877-0312 (305) 573-7343 (fax) berniceslater2@vahoo.com Overtown Community Oversight Board Keon Williams 1490 NW 3rd Ave. Miami, FI 33136 (305)960-5133 (305)372 4553 (fax) keon.e.williamsaicloud.com Overtown Neighbors for Environmental Health and Safety Cecilia Stewart 1899 N.W. 1st Court Miami, FL 33136 (301) 233-5723 deliver stewart@vahoo.com Courtside Apartments Krystal Elie: Property Manager 1699 N.W. 4th Avenue Miami, FL 33136 786-773-1331 courtside@htgf.com Town Park Plaza South Kenneth Thurston: Property Manager Pauline Brathwaite: Board President 1798 N.W. 5th Avenue Miami, FL 33136 754-234-4485 305-576• 2167 ken@acclaimcares.com Island Living Apartments Rana Nisbeth: Property Manager Kathy Sanz: Asst. Property Manager 1201 N.W. 3rd Avenue Miami, FL 33136 305-517-3339 ksanzaap.communities.com Frederick Douglass Elementary School Principal Yolanda Ellis 314 N.W. 12th Street Miami, FL 33136 305-371-4687/ 305-693-2495 vellisadadeschools.net Overtown Community Youth Coalition Graylyn Swilley Woods: Executive Director- OCYC 1951 N.W. 7th Avenue Miami, FL 33136 305-704-8973 / 786-477-5813 swillevwoods@overtowncvc.oru info@overtowncvc.orq 02/06/2020 BP The Zoning Specialists Group, Inc. June 15, 2020 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: 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. Ck,e`- 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 SCALE: 1"= 150' The Zoning Specialists Group, Inc. 7729 NW 146th Street Miami Lakes FL 33016 Ph: (305)828-1210 www.thezoningspecialistsgroup.com 4TH ST 030 11 GHLAND PARK REPLAT 010 955 ssa 030 .0 050 O. HIGHLAND PAR W✓11THS 040 030 OD Z]0 CLIMER VILLAS 3]0 310 330 TER 200 Fbk .0 Miami Dade County Miami Dade Transit 701 NW 1st Ct., Ste 1700 Miami, FL 33136-3922 Miami Dade County Dept Of Transportation Public Works 701 NW 1st Ct., FI 15th Miami, FL 33136-3924 Miami Tele Communications Inc Tax Dept 1 Comcast Ctr Philadelphia, PA 19103-2838 Gutierrez Investments LLC 725 W 20th St Hialeah, FL 33010-2429 Miriam Flores 1338 NW 7th Ct Miami, FL 33136-2336 Central District Miami Redevelopment Group LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Eddie J Strachen 10831 Big Leaf Ct Waldorf, MD 20603-5737 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Cristec Corporation 4865 NW 4th St Miami, FL 33126-2121 Miami Dade County Dept Of Transportation Public Works 701 NW 1st Ct., FI 15th Miami, FL 33136-3924 Comcast Corp 1 Comcast Ctr Philadelphia, PA 19103-2838 Lazaro Luis Garcia 11200 SW 29th St Miami, FL 33165-2268 Sharon J Rachel 1318 NW 7th Ct Miami, FL 33136-2336 Central District Miami Redevelopment Group LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Nkry Corporation 4865 NW 4th St Miami, FL 33126-2121 Miami Dade County Dept Of Transportation Public Works 701 NW 1st Ct., FI 15th Miami, FL 33136-3924 Miami Tele Communications Inc Tax Dept 1 Comcast Ctr Philadelphia, PA 19103-2838 Catherine Frank 1342 NW 7th Ct Miami, FL 33136-2336 Central District Miami Redevelopment Group LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment 1B LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave., 2nd FI Miami, FL 33127-2800 Alaris Holdings LLC 251 Crandon Blvd., Apt 502 Key Biscayne, FL 33149-1509 Ana Rosa Guifarro 1233 NW 7th Ct Miami, FL 33136-2333 Ljubomir Semerdjieff 1245 NW 7th Ct Miami, FL 33136-2333 Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne, FL 33149-1536 Mirlande Senelier 1155 NW 7th Ct Miami, FL 33136-2331 Park High Inc % Brian Tague 123 SE 3rd Ave Miami, FL 33131-2003 Green Turnkey Plaza Ltd 2950 SW 27th Ave., Ste 200 Miami, FL 33133-3765 Jbvl 1159 LLC 1430 S Dixie Hwy Coral Gables, FL 33146-3176 Highland Park 1020 LLC 1717 N Bayshore Dr., Apt 3847 Miami, FL 33132-1172 Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne, FL 33149-1536 Passageway Residence Of Dade County Inc 2255 NW 10th Ave Miami, FL 33127-4219 Overtown Re Investments LLC 520 NW 165th Street Rd., #101 Miami, FL 33169-6303 Trendy Properties LLC 260 Crandon Blvd., Ste 32 Key Biscayne, FL 33149-1626 Bhg St Martins PI Ltd 1128 NW 7th Ave Miami, FL 33136-2356 Lisette Gonzalez 1157 NW 7th Ct Miami, FL 33136-2331 Dora N Aguirre 724 NW 12th St Miami, FL 33136-2344 Geraldine Mitchell 1145 NW 8th Ave Miami, FL 33136-2337 Roxie A King 1163 NW 8th Ave Miami, FL 33136-2337 Central District Miami Redevelopment Group I LLC 4100 N Miami Ave Miami, FL 33127-2800 Nayra Pereira Schlecht 1401 S Ocean Dr., Apt 104 Hollywood, FL 33019-2308 Manuel Torre 1223 NW 7th Ct Miami, FL 33136-2333 Amjad Farooq 1011 NW 15th St # 116 Miami, FL 33136-1019 Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Key Biscayne, FL 33149-1536 Janet C George 1139 NW 7th Ct Miami, FL 33136-2331 Nicole Snell 1161 NW 7th Ct Miami, FL 33136-2331 D And Y Investment Corp 8212 NW 164th St Hialeah, FL 33016-3482 Brenda M Lee 1147 NW 8th Ave Miami, FL 33136-2337 Jose Montero & W Victorina 1165 NW 8th Ave Miami, FL 33136-2337 Fec R R 7150 Philips Hwy Jacksonville, FL 32256-6802 State Of Fla Dot 1000 NW 111th Ave Miami, FL 33172-5800 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 # FI 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 Eric Valarezo & W Sara 600 NW 11th St Miami, FL 33136-2402 Ktic Biscayne LLC 2055 US Highway 1 Vero Beach, FL 32960-5482 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 Martha L Mendoza 602 NW 11th St Miami, FL 33136-2402 School Board Of Miami Dade County 1450 NE 2nd Ave Miami, FL 33132-1308 Beatriz Mason 652 NW 11th St Miami, FL 33136-2405 Jose H Garcia & W Sara I 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 604 LLC 604 NW 11th St Miami, FL 33136-2402 Nalia & Elizabeth Gonzalez & Edilia Gonzalez 606 NW 11th St 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 Ricardo Murguia & W Jeanne 608 NW 11th St Miami, FL 33136-2402 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 Elizardo Basnueva PO Box 10986 Miami, FL 33101-0986 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 Miami Dade County Miami DadE701 NW 1st Ct., Ste 1700 Cristec Corporation 4865 NW 4th St Nkry Corporation 4865 NW 4th St Miami Dade County Dept Of Th701 NW 1st Ct., FI 15th Miami Dade County Dept Of Th701 NW 1st Ct., FI 15th Miami Dade County Dept Of Th701 NW 1st Ct., FI 15th Miami Tele Communications Inc 1 Comcast Ctr Comcast Corp 1 Comcast Ctr Miami Tele Communications Inc 1 Comcast Ctr Gutierrez Investments LLC 725 W 20th St Lazaro Luis Garcia 11200 SW 29th St Catherine Frank 1342 NW 7th Ct Miriam Flores 1338 NW 7th Ct Sharon J Rachel 1318 NW 7th Ct Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Eddie J Strachen 10831 Big Leaf Ct Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd Central District Miami Redevelo 4100 N Miami Ave., 2nd FI FI FI FI FI FI FI FI FI FI FI FI FI FI FI FI Trendy Properties LLC 260 Crandon Blvd., Ste 3271 Nayra Pereira Schlecht 1401 S Ocean Dr., Apt 104 Alaris Holdings LLC 251 Crandon Blvd., Apt 502 Passageway Residence Of Dad 2255 NW 10th Ave Manuel Torre 1223 NW 7th Ct Ana Rosa Guifarro 1233 NW 7th Ct Overtown Re Investments LLC 520 NW 165th Street Rd., #101 Miami Amjad Farooq Ljubomir Semerdjieff Trendy Properties LLC Trendy Properties LLC Trendy Properties LLC Bhg St Martins PI Ltd Janet C George Mirlande Senelier Lisette Gonzalez Nicole Snell 1011 NW 15th St # 116 1245 NW 7th Ct 260 Crandon Blvd., Ste 32 260 Crandon Blvd., Ste 3271 260 Crandon Blvd., Ste 3271 1128 NW 7th Ave 1139 NW 7th Ct 1155 NW 7th Ct 1157 NW 7th Ct 1161 NW 7th Ct CITY Miami Miami Miami Miami Miami Miami Philadelphia Philadelphia Philadelphia Hialeah Miami Miami Miami Miami Miami Miami Miami Miami Waldorf Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Key Biscayne Hollywood Key Biscayne Miami Miami Miami Miami Miami Key Biscayne Key Biscayne Key Biscayne Miami Miami Miami Miami Miami Park High Inc % Brian Tague Dora N Aguirre D And Y Investment Corp Green Turnkey Plaza Ltd Geraldine Mitchell Brenda M Lee Jbvl 1159 LLC Roxie A King Jose Montero & W Victorina 123 SE 3rd Ave 724 NW 12th St 8212 NW 164th St 2950 SW 27th Ave. 1145 NW 8th Ave 1147 NW 8th Ave Miami Miami Hialeah Ste 200 Miami Miami Miami 1430 S Dixie Hwy Coral Gables 1163 NW 8th Ave Miami 1165 NW 8th Ave Miami Highland Park 1020 LLC 1717 N Bayshore Dr., Apt 3847 Miami Central District Miami Redevelo 4100 N Miami Ave Fec R R 7150 Philips Hwy State Of Fla Dot 1000 NW 111th Ave Ktic Biscayne LLC 2055 US Highway 1 School Board Of Miami Dade C 1450 NE 2nd Ave School Board Of Miami Dade C 1450 NE 2nd Ave School Board Of Miami Dade C 1450 NE 2nd Ave Beatriz Mason 652 NW 11th St Glm Assets LLC 16790 SW 86th Ct Olga L Rivera Le Rem Lydia Es648 NW 11th St Jose H Garcia & W Sara I 646 NW 11th St Wilberto Rocha 644 NW 11th St Beker Antonio Turcios Mendez 642 NW 11th St Acquisitions Group LLC 1342 NW 84th Ave Barbara Linda Avhad 638 NW 11th St Sion S De Sabaoth PO Box 351633 William Leonardo Rodriguez 632 NW 11th St Francisco Rodriguez Melo Lour1 605 W Flagler St IVonne Fabrega PO Box 25207 Mst Corporation Trs Mst 8189 L 1741 NW 20th St Sp Investments Group LLC 3436 N Miami Ave # FI 1 # 2 Xmeridian Management Inc 411 Walnut St # 5693 Zmeridian Inc 411 Walnut St # 5693 Twc Family Limited Partnership 11630 SW 84th Ave Fla Farm Land LLC Kevin Sadeghipour Margarita Gonzalez Oscar A Enamorado James T Booth Eric Valarezo & W Sara Martha L Mendoza 604 LLC 1040 NW North River Dr 616 NW 11th St 614 NW 11th St 612 NW 11th St 610 NW 11th St 600 NW 11th St 602 NW 11th St 604 NW 11th St Nalia & Elizabeth Gonzalez & E 606 NW 11th St Ricardo Murguia & W Jeanne 608 NW 11th St Elizardo Basnueva PO Box 10986 Santiago Heguy 625 NW 10th St Hattie L Baker 14751 S Biscayne River Dr Jeanette Green & Santiago Hec623 NW 10th St Santiago Heguy Doris Heguy 625 NW 10th St Miami Jacksonville Miami Vero Beach Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Green Cove Springs Green Cove Springs Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Miami Johanna Heguy Jose Manuel Almendarez 1011 Nw 7Th Ave LLC Orlando Leyva 625 NW 10th St 1359 SW 2nd St Apt 1 8835 SW 107th Ave # 343 1013NW7thAve Culmer Village Homeowners As 375 W 19th St Miami Dade County Miami DadE701 NW 1st Ct., 16th Floor Miami Miami Miami Miami Hialeah 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 33169-6303 FL 33136-1019 FL 33136-2333 FL 33149-1626 FL 33149-1536 FL 33149-1536 FL 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Size 1995 Sq Ft Coc 24295 Culmer Villas PB 106-50 Lot 3 E Ot Size 1995 Sq Ft Or 19669-4! Culmer Villas PB 106-50 Lot 4 E Ot Size 1995 Sq Ft Or 19439-1 i Culmer Villas PB 106-50 Lot 5 E Ot Size 1995 Sq Ft Or 19827-12 Culmer Villas PB 106-50 Lot 6 E Ot Size 1995 Sq Ft Or 9749 01C Culmer Villas PB 106-50 Lot 7 E Ot Size 1995 Sq Ft Or 9902 52z Culmer Villas PB 106-50 Lot 8 E Ot Size 1995 Sq Ft Coc 22161-( Culmer Villas PB 106-50 Lot 9 E Ot Size 2000 Sq Ft Or 9894 84i Culmer Villas PB 106-50 Lot 10 Culmer Villas PB 106-50 Lot 11 Culmer Villas PB 106-50 Lot 12 Culmer Villas PB 106-50 Lot 13 Culmers Villas PB 106-50 Lot 1, Culmer Villas PB 106-50 Lot 15 Culmer Villas PB 106-50 Lot 16 Culmer Villas PB 106-50 Lot 17 Culmer Villas PB 106-50 Lot 18 Culmer Villas PB 106-50 Lot 19 Culmer Villas PB 106-50 Lot 20 Culmer Villas PB 106-50 Lot 21 Culmer Villas PB 106-50 Lot 22 Culmer Villas PB 106-50 Lot 23 Culmer Villas PB 106-50 Lot 24 Culmer Villas PB 106-50 Lot 25 Culmer Villas PB 106-50 Lot 26 Culmer Villas PB 106-50 Lot 27 Culmer Villas PB 106-50 Lot 28 Culmer Villas PB 106-50 Lot 69 Culmer Villas PB 106-50 Lot 70 Culmer Villas PB 106-50 Lot 71 Culmer Villas PB 106-50 Lot 72 Lot Size 2000 Sq Ft Or 9894-08 Lot Size 2000 Sq Ft Coc 25041- Lot Size 2000 Sq Ft Or 17891-4 Lot Size 1995 Sq Ft Or 18718-2 Lot Size 1995 Sq Ft Or 14440 Lot Size 1995 Sq Ft Or 9894 91 Lot Size 1995 Sq Ft Or 9927 25 Lot Size 1995 Sq Ft Or 19225-4 Lot Size 1995 Sq Ft Or 9927 28 Lot Size 1995 Sq Ft Or 9927 30 Lot Size 1995 Sq Ft Or 19698-3 Lot Size 1995 Sq Ft Or 21073-3 Lot Size 1995 Sq Ft Or 15700-4 Lot Size 3600 Sq Ft Or 9982 10 Lot Size 2100 Sq Ft Or 17935-3 Lot Size 1800 Sq Ft Or 10172-4 Lot Size 2100 Sq Ft Or 14127-0 Lot Size 3600 Sq Ft Or 9990 19 Lot Size 3600 Sq Ft Or 9982-10 Lot Size 1995 Sq Ft Or 21039-3 Lot Size 1995 Sq Ft Or 14352-1 Lot Size 1995 Sq Ft Or 18063-2 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 i 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 )733 02 2008 1 )802 11 2007 5 1 2006 6 ?ss Beg NW Cor Of Lot 1 Th N 87 Deg E 113. 12 2001 1 03 2002 1 21 41 0490 1 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 143.41Ft 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 NWIy Ad 23 222 03-2003 1 2356 03 2006 1 579 04 2001 4 787 1200 1 1.92 To 1497 072001 1 )4 0777 1 1 1277 4 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 6 0178 4 0 0178 4 ;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 0578 3 ,944 1099 1 .883 1199 4 '12 0677 1 Coc 24821-1958 07 2006 1 RELEASE, HOLD HARMLESS, AND INDEMNIFICATION AGREEMENT THIS 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 ("Request(s)") for the Property located at approximately 690 NW 13th Street, 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 requirement 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" herein) 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 partics 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 llall to be sworn in by oath or affirmation by the City Clerk; and Release, Hold Harmless, and Indemnification Page I orb 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 terms 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(s), 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 affirmation, 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. 5. 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 Harmless, and lndemnifcalion 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, indemnifies, 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 Toss, 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 estoppcd from enforcing the terms of this Agreement for any reason. I0. 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 duly 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] [Remainder of page intentionally left blank] Release, ]fold Harmless, arid indemnification I'age 4 of 6 IN WITNESS WHEREOF, the Applicant has caused these presents to be executed and signed in its name by its proper officer on the day set forth above. Signed, Sealed and Delivered KTLC Biscayne, LLC (.Name of Applicant) a Florida limited liability company (Type of C• npany or Individual) By: ellyije„ Kelly P. Kite, (Si (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 T physical presence OR online notarization, this V" day of , 20;)o, by a Ilk ¢ NAC... z2 as of «s . Personally Known or Produced Identification Type of Identification Produced r'� Tint or Stamp Name: j(�\ A C.ACxzt*\ fct' Notary Public, State of i a z � Colnn fission No.: C.& a5 S My Commission Expires: 1 1 i3�3� Notary public State of Florida 4' Jana Carrington ,a i My Commission GG 253452 -4ost" Expires 1111312022 Release, Hold Harmless, and Indemnification Page 5 of 6 CITY OF MIAMI, a municipal corporation of the State of Florida By: Arthur Noriega, V City Manager ATTESTED: By: Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, City Attorney Release, Hold Harmless, and Indemnificaliun Sane 6 of 6 (nig of MUTT 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 Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-203 COMPREHENSIVE PLAN AMENDMENT 0.5400 ACRES $2,700.00 HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 2.0000 UNITS $3,000.00 HEARING BOARDS - PUBLIC HEARING MS-216 CONCURRENCY REVIEW - SCHOOL BOARD 0.0000 N/A $150.00 HEARING BOARDS - APPLICATION/APPEAL MS-205 REZONING (T6-8, 0, T6-12, 0, T6-24 0, D1, D2, D3. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD) 122192.0000 SQ. FT. $85,534.40 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 309.0000 NGH X HRGS $1,390.50 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 63.0000 NGH X HRGS $283.50 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 3.0000 HEARINGS $13.50 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/0/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1kJjLorM%2f2%2bge9hdh0... 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 $93,071.90 TRANS ID: 696889 BUSINESS NAME: COM Fee Payment $2,700.00 $3,000.00 $150.00 $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, T6-80, CI -HD) Fee Payment FEE NAME: COMPREHENSIVE PLAN AMENDMENT Fee Payment FEE NAME: PUBLIC HEARING - ADVERTISING Fee Payment FEE NAME: CONCURRENCY REVIEW - SCHOOL BOARD Fee Payment $1, 390.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHB ORS Fee Payment FEE NAME: PUBLIC HEARING - LU POLICY 1.5.4 Fee Payment $283.50 $13.50 FEE NAME: PUBLIC HEARING - MEETING MAIL NOTICE - APPLIC ANT/APPEALLANT TOTAL AMOUNT: $93,071.90 PAYMENT American Express Credit Sale CARD NUMBER: "'"'""""""1014 LAST NAME: Carr'nQton 111111 II II 11111 I $93,071.90 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1 kJjLorM%2f2%2bge9hdhOcx1 LAEI%3d 1/2 6/16/2020 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1kJjLorM%2f2%2bge9hdh0... CE2020168001-34 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= zCdxhCNLU2iSJt4oGf1 kJjLorM%2f2%2bge9hdhOcx1 LAEI%3d 2/2 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 Code Fee Description Quantity Unit Type Amount HEARING BOARDS - APPLICATION/APPEAL MS-203 COMPREHENSIVE PLAN AMENDMENT 2.2650 ACRES $11,325.00 Total: $11,325.00 Rev. Jul/02/2012 Generated on Jun/17/2020 10:06 AM 6/17/2020 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBM IT= O1M%2fTtergjBhJjeH2ybeFN%2bzW3IHU%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 TRANS ID: 697175 BUSINESS NAME: COM Fee Payment $11,325.00 FEE NAME: COMPREHENSIVE PLAN AMENDMENT TOTAL AMOUNT: $11,325.00 PAYMENT American Express Credit Sale CARD NUMBER: ***********1014 LAST NAME: Carr'n toll IIII III I IIII 111I u CE2020 6900 -79 $11,325.00 https://secure35.ipayment.com/Miami/my/0/print_version.htm?_DOUBLESUBMIT= O1M%2fTtergjBhJjeH2ybeFN%2bzW3IHU%2fg4i6nXJm1jImg%... 1/1