HomeMy WebLinkAbout24912AGREEMENT INFORMATION
AGREEMENT NUMBER
24912
NAME/TYPE OF AGREEMENT
MIAMI-DADE COUNTY
DESCRIPTION
RESTRICTIVE COVENANT RUNNING WITH THE LAND IN
FAVOR OF MIAMI-DADE COUNTY/JOSE MARTI FDEO
HAZARD MITIGATION GRANT/FILE ID: 12201/R-22-
0254/MATTER ID: 24-447/#48
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
3/25/2024
DATE RECEIVED FROM ISSUING
DEPT.
4/5/2024
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM -
DUPL-I citstTE G ''PI ✓
'ArE.2t6tt-6A-tu ES
File No: OCI 2�j °tag'
ORIGINATING DEPARTMENT: Office of Capital Improvements
DEPT. CONTACT PERSON: Keith Ng/Charles McKinnon EXT: 1298/1289
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami -Dade County
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ® NO
TOTAL CONTRACT INVOLVED AMOUNT: $ 0.00 FUNDING INVOLVED $ ❑ YES ® NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY) High Priority Restrictive Covenant Running With the Land in Favor of Miami -Dade
PURPOSE OF ITEM (BRIEF
SUMMARY) County as part of a condition of Class I Permit CLI-0202-0243 pursuant to Section
24-48.2(1)(B)(2)(b) of the Code of Miami Dade County
COMMISSION APPROVAL
DATE:
07/19/2022 FIELD ID: 12201 ENACTMENT NO.: R-22-0254
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL,
PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
PRINT: HECTOR BADIA
APPROVAL BY DEPARTMENTAL DIRECTOR
e f 1Zv J�
/
SIGNAT •
PRINT: ANN- RIE SHARPE
SUBMITTED TO RISK MANAGEMENT
I) 3I21
SIGNAT
','.�
T: VICTORIA MENDEZ
Xavier Alban j "WIC'
SUBMITTED TO CITY ATTORNEY r4-441
3b,e )21
S
NA` �':._.
PRINT: NZERIBE 1 KWABA
APPROVAL BY DEPUTY CITY MANAGER
3\ 194,
SIGNATURE:
PRINT: ART NORIE
RECEIVED BY CITY MANAGER
t..\
SIGNATURE:
PRINT: TODD HANN N
1) ONE ORIGINAL TO CITY CLERK,
,\•1/4-1A111/
SIGNATURE:
2) ONE COPY TO CITY ATTORNEY'S OFFICE,--2Jece-i'yed
Qit-A4PRINT:
SIGNATURE:
3) REMAINING ORIGINAL(S) TO ORIGINATING—12.eGa_ive.t4i
DEPARTMENT
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
N
This instrument was prepared by: ieet4k 141, c PH
Name: K,t) 4L ' cj (.t;4 02.
Address: *44 4t .( 2s AN,e_t,.K,C M4`40 iV..:53 i3 C
(Space reserved for Clerk)
RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY
Whereas, the Undersigned, City of Miami, ("Owner") holds the fee simple title to the land in
Miami -Dade County, Florida, described in Exhibit A, attached hereto and incorporated herein
by reference and hereinafter called the "Property," and
This Restrictive Covenant is proffered for acceptance by Miami -Dade County as part of, or as a
condition of, Class I Permit CLI-2020-0243 pursuant to Section 24-48.2(I)B)(2)(b) of the Code of
Miami -Dade County, and
In order to assure the County that representations made by the Owner during consideration of
this permit application will be abided by the Owner freely, voluntarily and without duress, makes
the following Restrictive Covenant covering and running with the Property:
1. For the purposes of this Restrictive Covenant, "vessel" is herein defined as any water craft
designed to float or navigate on water, including, but not limited to: sailboats, powerboats,
rowboats, ships, boats, skiffs, houseboats, and inflatable boats.
2. For the purposes of this Restrictive Covenant, a "sailboat" is herein defined as any vessel with
a displacement type hull designed to be propelled primarily by wind and if equipped with an
auxiliary motor the vessel shall have only a single propeller. For the purposes of this Restrictive
Covenant, a "powerboat" is herein defined as any vessel that is not a sailboat, provided it is
equipped to be propelled with an engine.
3. For the purposes of this Restrictive Covenant, "docking facility" is herein defined as a place
where vessels may be moored or secured to a fixed or floating structure or to the shoreline and
includes a place where vessels may be stored on the uplands at the Property if a means of
placing or launching vessels into the water exists at the Property.
4. For the purposes of this Restrictive Covenant, "auxiliary vessel" is herein defined as any
watercraft which is associated, by ownership, design and common usage, with a primary vesst 1
at all times and which is affixed to, carried by, and stored on the primary vessel including, but
not limited to, runabouts, tenders, and personal watercraft. Auxiliary vessels may not be
launched to, retrieved from, stored in, or utilized within tidal waters at the Property, even on a
temporary basis.
Page 1 of 4
Section -Township -Range: 01-54-41
Folio Numbers: 01-4138-049-0010, 01-0200-010-6140, 01-4138-049-0050, 01-4138-049-0090,
01-4138-049-0070, and 01-4138-049-0020
5. For the purposes of this Restrictive Covenant, "commercial vessel" is herein defined as any
vessel engaged in any activity wherein a consideration is paid by the user either directly or
indirectly to the owner, operator, or custodian of the vessel; or any vessel engaged in the taking
of saltwater fish or saltwater products for sale either to the consumer, retail dealer or wholesale
dealer, pursuant to Section 24-5 of the Code of Miami -Dade County.
6. The Owner agrees and covenants that the maximum number of powerboats which shall be
moored, secured, or stored at the docking facility, expanded docking facility or future docking
facility located at or adjacent to the Property at any one time is one (1) powerboat. This
provision shall not apply to any rowboat, skiff or inflatable boat with an engine having a
capacity of five (5) horsepower or less. This provision also shall not apply to any auxiliary
vessel.
7. The Owner agrees and covenants that only the portion of the property specifically designated
for the mooring of vessels, pursuant to Exhibit B, shall be used, at any time, for the mooring of
any vessels.
8. The Owner agrees and covenants that approval of this Restrictive Covenant neither authorizes
nor constitutes a permit of any kind for the mooring or storage of any vessels at or adjacent to
the Property or for the construction of any docking facility at or adjacent to the Property.
9. The Owner covenants and represents that any and all persons holding a security interest of any
kind whatsoever in the Property has been advised of, and has agreed to, the execution of this
Restrictive Covenant.
10. The Owner shall notify Miami -Dade County in writing not later than thirty (30) days after any
conveyance, sale, grant or transfer of the Property or any portion thereof, to any heirs,
successors, assigns or grantees.
11. The term Owner shall include the Owner, and its heirs, successors and assigns.
12. This Restrictive Covenant shall run with the land and shall be recorded in the Public Records
of Miami -Dade County, Florida and shall remain in full force and effect and be binding upon
the undersigned, and their heirs, successors, grantees and assigns until such time as same is
modified or released in writing by Miami -Dade County, pursuant to the provisions of Section
24-48.2 of the Code of Miami -Dade County.
13. The Restrictive Covenant and the provisions contained herein may be enforced against any
person permitting, allowing, letting, causing or suffering any violation of the terms of this
Restrictive Covenant by the Department of Regulatory and Economic Resources, or its
successor or assigns, by temporary, permanent, prohibitory, and mandatory injunctive relief as
well as otherwise provided by law or ordinance and also may include an action for and to
recover civil penalties, damages, costs and expenses, and attorney's fees in favor of Miami -
Dade County against said person(s) as authorized by law or ordinance. All of the remedies
provided herein shall be deemed to be independent and cumulative and shall be deemed to be
supplemental to any remedies provided by law or ordinance.
14. This Restrictive Covenant is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years after the date this Restrictive
Page 2 of 4
Section -Township -Range: 01-54-41
Folio Numbers: 01-4138-049-0010, 01-0200-010-6140, 01-4138-049-0050, 01-4138-049-0090,
01-4138-049-0070, and 01-4138-049-0020
Covenant is recorded, after which time it shall be extended automatically for successiveperiods
of ten (10) years each, unless the Covenant is modified or released by Miami -Dade County.
15. No cancellation, revision, alteration or amendment of the Restrictive Covenant shall be
effective without prior approval from Miami -Dade County pursuant to the provisions of
Section 24-48.2 of the Code of Miami -Dade County. Said cancellation, revision, alteration or
amendment of the Restrictive Covenant shall require review and approval DERM.
IN WITNESS WH REOF, the undersigned haveicaused this Restrictive Covenant to be executed
this day of , 20
Witnesses-
Sign
Print
Address
U�Z
Sign
Print es.44 dot
Address 14 it SW2•4 Ave, iJ?ama,FL.33t30Address
City of Mia
APPROVED AS TO FORM AND
CORRECTNESS:
By:
Sign
Print
Address
AMMe.* :
Sign
Print
APPROVED AS
REQUIREME S:
ViZ�nria)Mendez Ann -Marie harp:, Director
City Attorney Risk Man, gement
Page 3 of 4
Section -Township -Range: 01-54-41
Folio Numbers: 01-4138-049-0010, 01-0200-010-6140, 01-413 8-049-0050, 01-4138-049-0090,
01-4138-049-0070, and 01-4138-049-0020
(Are)
Arthur Noriega V, City Manager
[insert name]
State of Florida
County ofMiatni-Dacle
Sworn to (or affirmed) and subscribed before me by means of (how the individual appeared check one):
[physical presence D online notarization this 27 (lay of March .20 24
(mate) (month) (war)
by
Arthur Noriega V, City Manager
(mmne of incfiridnat sine v ing or affirming)
Individual identified by: l personal knowledge ['satisfactory, evidence
(: )
SANDRA PATRICIA P4CASAKRE
Notary Publlo, State of Florida
Commission (Jo. HH 495619
My Comm. Exp. Feb. 22, 2028
(Adis Florida Notary Seal above)
(Signature of Notary
(typed, printed, or stamped name of Notary Pttbtic)
Page4of4
Section -Township -Range: 01-54-41
Folio Numbers: 01-4138-049-0010, 01-0200-010-6140, 01-4138-049-0050, 01-4138-049-0090,
01-41.,38-049-0070, and 01-4138-049-0020
EXHIBIT A
LEGAL DESCRIPTION:
PORTION OF RIVERSIDE WATERFRONTS, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, AND PORTIONS OF BLOCKS 27 SOUTH, 28 SOUTH, AND 37 SOUTH,
A.L. KNOWLTON PLAT OF MIAMI (B-41), ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK "B" AT PAGE 41 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH % OF LOTS 2B, LESS THE NORTH 20 FEET THEREOF, ALL OF LOTS 3B, 4B,
5B, 6B, AND ALL OF LOTS 1 M, 2M, 3M, 4M, 5M, AND 6M OF RIVERSIDE WATERFRONTS,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 25 AT PAGE 72 OF
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TOGETHER WITH ALL RIGHT,
TITLE AND INTEREST IN AND TO ALL DEDICATED AND/OR PLATTER BUT UNOPENED
STREETS, ALLEYS OR EASEMENTS ADJACENT THERETO.
TOGETHER WITH:
LOTS 2 THROUGH 6 LESS THE SOUTH 50 FEET OF LOTS 2 AND 3 THEREOF, BLOCK
27S, A.L. KNOWLTON PLAT OF MIAMI (B-41); AND LOTS 1 H AND 2H, LOTS 1 MC AND 2MC,
LOTS 1L, 2L, AND 3L INCLUSIVE, ALL OF RIVERSIDE WATERFRONTS (25-72),
TOGETHER WITH ALL RIGHT, TITLE AND INTEREST IN AND TO ALL DEDICATED AND/OR
PLATTER BUT UNOPENED STREETS, ALLEYS OR EASEMENTS ADJACENT THERETO,
AND ALL RIPARIAN RIGHTS PERTAINING THERETO.
TOGETHER WITH:
THE SOUTH 50 FEET OF LOTS 2 AND 3 THEREOF, BLOCK 27S, A.L. KNOWLTON PLAT OF
MIAMI (B-41)
TOGETHER WITH:
LOTS 7B, 8B, 9B, 10B, AND 11B OF RIVERSIDE WATERFRONTS, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 25 AT PAGE 72 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, LESS: BEGIN AT THE MOST NORTH-EASTERLY
CORNER OF SAID LOT 11B, BEING AT A POINT ON U.S. HARBOR LINE AS SHOWN ON
ABOVE DESCRIBED PLAT, THENCE SOUTH 87°56'55" WEST, 139.83 FEET ALONG THE
LOT LINE OF SAID LOT 11B TO THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 50 FEET, THENCE SOUTHWESTERLY,
WESTERLY AND NORTHWESTERLY 56.85 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 65°08'42" TO THE END OF CURVE, THENCE NORTH 26°54'23" WEST
16.63 FEET, THENCE NORTH 21 °13'45" EAST 137.92 FEET TO A POINT ON SAID U.S.
HARBOR LINE, BEING THE MOST NORTHWESTERLY CORNER OF PARCEL DESCRIBED
HEREIN, THENCE SOUTH 32°49'05" EAST 5 FEET ALONG SAID U.S. HARBOR LINE ,
THENCE SOUTH 41°07'04" EAST 214.41 FEET ALONG SAID U.S HARBOR LINE TO THE
POINT OF BEGINNING.
Page 9 of 10
SUBJECT TO OWNERS AGREEMENT DATED APRIL 8, 1970, RECORDED IN OFFICIAL
RECORDS BOOK 6891, AT PAGE 147 OF THE OFFICIAL RECORDS OF DADE COUNTY,
FLORIDA.
TOGETHER WITH:
ALL THAT PART OF S.W. SOUTH RIVER DRIVE NORTH OF S.W. 4TH STREET AND
SOUTHEASTERLY OF A LINE PROJECTED BETWEEN A POINT AT THE MOST
NORTHERLY CORNER OF LOT 7-B AND THE NORTHWEST CORNER OF LOT 8-B ALL IN
DADE COUNTY, FLORIDA AS SHOWN IN THE ATTACHED SKETCH OF PLAT BOOK 25,
PAGE 72.
TOGETHER WITH:
LOTS 6, 7, 8, 19, AND 20, BLOCK 28 SOUTH, CITY OF MIAMI, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK "B" AT PAGE 41 OF THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA; AND
LOTS 1, 2, 3, 17, 18, 19 AND 20, BLOCK 37 SOUTH, CITY OF MIAMI, ACCORDING TO THE
PLAT THEREOF RECORDED IN PLAT BOOK "B" AT PAGE 41 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
LESS AND EXCEPT THOSE LANDS SHOWN ON FLORIDA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY MAP FOR SR-9 (1-95) NORTH -SOUTH EXPRESSWAY,
SECTION 87270-2425, DATED 12-30-64, AS RECORDED IN PLAT BOOK 83, PAGE 21 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
CONTAINING A TOTAL AREA OF 243,278 SQUARE FEET OR 5.58 ACRES, MORE OR
LESS,
Page 10 of 10
\ MANATEE EDUCATIONAL SIGN
\\ ADJACENT TO WALL
JOSE
MARTI
PARK
PROJECT LOCATION
LOCATION MAP
l
MANATEE BOATER CAUTION
SIGN ADJACENT TO SEAWALL
l
l
l
l
l
PROPOSED
FERRY DOCK
PROPOSED
FERRY SLIP
(75'x30')
•
LEGEND
l
l
l
l
•
MIAMI
RIVER
l
l
l
l
—.. •••.__•. . — 1922 SHORE LINE
.. MII•__•8111•__EXIST. MHWL
HARBOR LINE
BUTLER ACT PARCEL LIMIT
0 7.5 15
GRAPHIC
(11X17)1"= 15'
aro�ea
i Adaptive Redesign
for Jose Marti Park
l
'IINIMIV, I 'I UI RI71 k,,
CUMMINS CEDERBERG
EXHIBIT B
MIAMF�
COUNTY
DRAFT
Department of Regulatory and Economic Resources
Coastal Resources Section
701 NW 1st Court, Suite 400
Miami, FL 33136-3912
305-372-6575
Class I Construction Perm
Permit Number: CLI-2020-0243
DERM Project Manager: Rockell Alhale
Permittee
City of Miami
c/o Arthur Noriega, City Manager
444 2nd Avenue, Suite #10
Miami, Florida 33130
Bond
Performance Bond: N/A
Mitigation Bond: $2,355.30
BBEETF Contribution: $48,8, .
THE ABOVE NAMED
APPROVED DRAWINGS, P
AND MADE PART HEREOF,
E IS HER
AND OT
Plans Entitle • sA _ 4n TY OF
Date Signe
Project Location:
Project Description:
AUTHORIZED TO
DOCUMENTS AT
ACHED GENE
ue Date:
Wok Expiratio
te:
Contractor
3 years
cific Condition #
aylor, P.E. 277
, Inc.
(305) 741-61
er
FQM THE WORK SHOWN ON THE APPLICATION AND
D HERETO OR ON FILE WITH THE DEPARTMENT
AND SPECIFIC CONDITIONS.
L IMPROVEMENTS PLANNING DEPARTMENT
Jos-. Marti Park
I, FL
st 4th Avenue, 243 Southwest 4th Avenue, 330 Southwest South River Drive, 255
outh River Drive, 353 Southwest 4th Street, and 315 Southwest 4th Street, , Miami,
30
• Removal of the existing concrete seawall block, concrete curb, and 377 linear
feet of concrete seawall cap and associated tie backs as indicated on the DERM
final approved plans. The seawall and seawall cap in the area of the bridge are
to remain.
• Construction of a halophytic vegetational planter measuring approximately
171.31 feet long located between GPS coordinates E 919273.8 and N 523564.0
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 1 of 15
Wa
NA
o Plantin
planter
Planting o
level planter
Installation of
and E 919319.9 and N 523398.4 with an associated riprap revetment located
between 0 and 282 linear feet from the northwest property line as per the DERM
final approved plans. The creation of the planter will consist of the following
activities as indicated on the DERM final approved plans:
o Excavation of the uplands and maintena
feet of accumulated sediment alon
maximum depth of — 3 feet NOAA M
e dredging of 1,643 square
existing shoreline to a
ter.
o Installation of 1,126 square fer '''.p revetments below the Mean
High Water line located aro and edge and sides of the
vegetational planter areas riprap r' ents will be constructed at
a maximum two hori .•nta o one vgi (2H:1 V) slope with a
maximum elevation • s,fee AVD (2.4• a_.bove the Mean High
Water Line). Filter • is line shall be utilized .; =ilize the areas.
o Installation o 85 foot
waterward
e riprap.
aluminum sheetpi
long the
o Installation of 171.3 ice. r -` of li " rock block retai ° g wall between
the lower and upper le Tg the planter.
of the planting are
et (58 cubic yards) o
0 mix of sand an
vation of +1.5
suring 171.31 feet long using 1,389
stone and 102 square feet (4 cubic
muck below the Mean High
AVD (lower level) and +2.5 foot
black,'" _- ite mangroves within the lower level
t a maximum = #': cing of 3 feet off -center.
nd cordgrass and marsh hay cordgrass within the upper
ea at a maximum spacing of 2 feet off -center.
ttaining wall and associated cap on the landward side
aintenance dredging of 300 square feet of accumulated sediment along the
ing shoreline to a maximum depth of -3 feet NOAA Mean Low Water within
the proposed kayak launch as depicted on the DERM final approved
Installation of a kayak launch consisting of an 18 foot wide by 12 foot long
floating dock (216 square feet) located between 9.6 and 27.6 linear feet from the
northwest property line. The kayak launch will be supported by 2 steel pipe piles
and have an associated gangway connected to the uplands measuring 6 feet
wide by 34 feet long.
• Installation of an irregularly -shaped 1,196 square foot grated viewing platform
varying in width between 23.6 and 33.5 feet and varying in length between 41
and 45.8 feet long located between approximately 33.1 and 56.7 linear feet from
the northwest property line. The viewing platform will be supported by 21
concrete piles and have permanent 3-tiered railing installed along the perimeter.
• Installation of an 8 foot wide by 192 feet long (1,536 square foot) floating
boardwalk located between 58.8 and 248.7 liner feet from the northwest
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 2 of 15
property line. The boardwalk will be supported by 10 steel piles and include the
installation of permanent 3-tiered railing measuring a minimum of 3 feet tall. The
boarding platform will be attached to the uplands as follows:
- A 264 square foot gangway measuring 8 feet wide by 33 feet long located
between 58.8 and 63.8 linear feet from the northwest property line.
- A 264.4 square foot gangway measuring 8 fe wide by 33 feet long located
between 240.7 and 248.7 linear feet from t west property line.
• Installation of an irregularly -shaped 972 squ
in width between 31.3 and 24.6 by 39.6
248.7 and 280 linear feet from the north prop
be supported by 18 concrete piles an ave pe
along the perimeter.
• Installation of 525 linear fe
seawall with reef wall panel
with be installed withinT (
wetface of the existing
t grated viewing platform varying
cated between approximately
e. The viewing platform will
r 3-tiered railing installed
f sheetpile seawall, inclu.
as per the DERM final approve
hes to a Maximum of 16.5 feet
4 linear feet of
The seawall
d of the
• Installation of 42 concrete batter + a • 525 linear feet of concrete seawall cap
along the length of the shoreline as ® £ - DERM final approved plans. The seawall
cap will mire 3 feet wide by 3.6 f : and extend 1.3 feet waterward of the
wetface of tf1 seawall.
• Maintenance
sediment in the
NOAA Mean Low
721 square fee
sed ferry sli
the D
cubic yards) of accumulated
a maximum depth of — 6 feet
M final approved plans.
tallation of a 975+ foot grate measuring a maximum of 10 feet wide
2.1 feet long lowed between approximately 436.5 and 537.3 linear feet from
hwest property sJ e. The dock will be supported by 15 concrete piles.
tion of 15 rubber fgalong the waterward edge of the new dock piles.
anateerate on the existing outfalls.
ization for the future trimming and alteration of any mangrove growth (e.g.
:op and drop roots) to maintain clearance for the viewing platforms. The
of exceed 1 foot from the edges of the viewing platforms, and 8 feet
oot from the edge of the platforms.
Future authorization for the top pruning of mangroves within the halophytic
egetational planter located between GPS coordinates E 919273.8 and N 523564.0
and E 919319.9 and N 523398.4 in the area identified as north living shoreline
within the north and south lateral sections within the most waterward planted area
as per the DERM final approved plans to a height of 8 feet above NAVD 88 (6 feet
above the substrate).
• Future authorization for vista pruning red and white mangroves for the creation of a
8 foot wide viewing corridor between 8 and 16 feet above 8 feet NAVD 88 within the
halophytic vegetational planter located between GPS coordinates E 919273.8 and N
523564.0 and E 919319.9 and N 523398.4 in the area identified as the north living
shoreline within the north and south lateral sections within the most waterward
planted area as per the DERM final approved plans.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 3 of 15
• Future authorization for the top pruning of mangroves within the halophytic
vegetational planter located between GPS coordinates E 919273.8 and N 523564.0
and E 919319.9 and N 523398.4 in the area identified as the north living shoreline
within the lateral central section as per the DERM final approved plans to a height of
8 feet above NAVD 88 (6 feet above the substrate).
• Installation of 1.5 foot wide by 5 foot long reef s at hed to 89 linear feet of
proposed seawall as per the DERM final appr. =+ plans.
* The installation of the upland viewing platform •. veget. <. , .lanter located near the
southern property line are located landward he istingMe.`''f • ,�� h Water Line and are
therefore not included in this Class I permit.
Attachment A: Recorded Restrictive
Miami Dade County
Attachment B: Mooring Prohibited Are
Specifl
enant Running with the Lan " or of
1. The name, address, jephone number, and licen number of thontractor who will be performing the
work shall be sub ed a minimum of 30 days prior to the commencement of work. Work authorized by
this permit sha t commence until written acceptance of the contractor by DERM has been issued and
all pre-constr sditions have been completed • DBRM's satisfaction.
2. For the purposes of manatee protection, specific restrons have been placed on the property through the
Restricthi enant Running with the Land in Favo a Miami -Dade County, executed on November 24, 2020
and recorded on December 21, 2020 by Prive Developers, LLC and Prive Condominium Association, Inc.
(Attachment A). Said covenant and its provisions (Miami -Dade County Official Record Book 32250 pages 2786
0 2800) are here i `*Y �orated % ,# ence. In the event that the provisions of said covenant are not complied
ith by the undersig _, their hei f n *.'''sors, grantees and assigns, an action at law or in equity may be
menced by the Dire,.f the Mi ade County Department Regulatory and Economic Resources or its
sor on behalf of =`` i-Dade'ounty against any person violating, causing, permitting, allowing or
suthe violations of s`-,8 ovenant.
3. A mini 5 and a imum of 14 business days prior to the proposed start of construction, the
contractor shall visibly mark the limits of the planter area and dredge footprints and request a joint on-
site pre -co , ; ion feting and inspection by DERM. The markers shall be maintained during
construction o and restoration activities, and if necessary, verified and replaced daily. Work
shall not comme ithout written authorization from DERM.
4. A turbidity curtain shall completely enclose the individual work areas and shall not be removed until turbidity
levels within the enclosed areas return to background levels outside the curtain.
5. Turbidity controls shall be employed and maintained in the most effective manner possible to prevent turbidity
from extending beyond the turbidity control mechanism in place. Failure to deploy and maintain the turbidity
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 4 of 15
curtain or other turbidity control mechanism in the most effective manner possible may result in the issuance of a
Uniform Civil Violation Notice (UCVN). In no event may turbidity may not exceed 0 Nephelometric Turbidity Units
(NTU) above background beyond 50 feet of the operation. If turbidity levels exceed 0 NTU above background
beyond 50 feet of the operation, all construction shall be halted and additional turbidity controls implemented.
The incident shall be immediately reported to the Coastal Resources Section Compliance and Enforcement
Group at (305) 372-6575 and the work shall not resume until the contractor has deceived authorization from
DERM.
6. In order to avoid direct or secondary impacts to tidal waters and prior to the
uplands along the shoreline shall be appropriately graded and adequately
will be no positive drainage, erosion of soils, or stormwater runoff to tida
oval of the existing seawall, all
d and stabilized so that there
7. After the shoreline has been graded and stabilized and prior to th-ern •g-.l of the e ; eawall, the site shall
be inspected and approved byDERM staff. The contractor sh ;i id minimum`«�° hours (2 business
days) notice to the Coastal Resources Section at (305) 37 . 75 •r to the desire • '='e$ -ction date. The
existing seawall shall not be removed until DERM has insp d the site and approved the s - grading and
stabilization.
8. Erosion control devices shall be employed and maintaine
erosion beyond the mechanisms in place. The contractor shall
install additional containment devices, and repair or replace an
control devices shall be routinely inspected by the contractor and s
activities are completed.
9. After the new seawall has been installed an
contractor shall provide a minimum of 48 ho ` . (2
(305) 372-6575 prior to the desired inspection ute. Th
inspected the site and authorized construction to ijgin.
10. The contractor shall pry mum of 48 hour
days) notice to DE5 prior to comm
11. All backfilling s etion of the sea
tive manner possi •,r to prevent
ocedures that r '' It in erosion,
nctioning containment devices. Erosion
ain in place until all the construction
kfilling, the site sh
ays) notice to
work sh
siness days)
ement of bac
ected by DERM staff. The
oastal Resources Section at
of commence until DERM has
d a maximum of 120 hours (5 business
Iling activities.
12. The contractor shall p
••ts for all fill fro pland'sites that are utilized for backfilling behind the
. � - .ruck',: �'
new seawall. This conditi
13. P:<:'4-48.3(
14.
kfill is from
efined in Section 2
c
sha
t-construction ins•
or, and the Coast.
::w_•uested a minim
15. The cont
proposed
temporary co
the spoil will b
constructed (e.g. .
catch basins to the containment area, measures to prevent dewatering effluent from re-entering surface
waters, etc.). Dredging activities shall not commence until the spoil management plan has been
approved and written authorization has been issued by DERM.
16. The re -use of benthic soils/substrate is strictly prohibited without prior written approval from the Pollution Control
Section of DERM.
rces
e Code
s of the completion of the backfilling.
e Code of Mia ° i-Dade County, Florida, the contractor shall ensure that the
onsists of suitable material and must meet the definition of clean fill as
mi-.!ade County.
n shall •. onducted by the permittee (or the permittee's representative), the
source Section within 15 days of completion of the construction. The inspection
5 business days prior to the requested inspection date.
shall sub
nceme
a detailed spoil management plan a minimum of 7 business days prior to the
of the dredging authorized by this permit. The plan shall include both the
ite and final disposal site for all dredged material. The plan shall identify where
orarily stored prior to disposal and details on how the containment area will be
t screens and hay bales, impervious surface or container, proximity of stormwater
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 5 of 15
17. The contractor shall maintain receipts for the disposal of the dredged material. Said receipts shall be provided to
DERM within 15 days of the completion of the dispersal.
18. If any objects and/or features of historical or archaeological significance are encountered at any time within the
project site, dredging shall cease immediately. The permittee and/or contractor shall ontact the State of Florida
Bureau Archaeological Research at (850) 245-6444 and the Miami -Dade County w,- of Historic Preservation
at (305) 375-3506.
19. The contractor must contact the Coastal Resources Section at (305) 372.. . " inimum of 48 hours prior to
the removal of any dredged material from the site. Removal of the ena , the site prior to DERM's
inspection shall constitute a violation of this permit and may result in cement - e s,. •y DERM.
20. Dredging activities are to be conducted during daylight hours on
21. This permit only authorizes maintenance dredging to a deof minus 3 and minus 6 feet
Water datum as per the DERM final approved plans.
22. There shall be no impacts to the river bottom or to benthic re
and fill areas. If unauthorized impacts occur, the contractor a
restore the impacted area and obtain all of the required Federal,
DERM's determination that impacts occurred.
23. The City shall conduct monitoring events o
year period. The City shall submit monitorin
last two years of the 5-year monitoring peri
writing. A time zero monitoring report and basel
completion of the initial planting of mangroves.
DERM receives the time zer monitoring report. T
by the City within thre, „s from the date
monitoring period, R R uest the final
Surveyor.
24. The City shah "sub
Division of Environme
Coastal Resources Sec
folio _::F 'ii-,'.n:
Project
Date(s) of m
Percent surviv
Maintenance ac
mangrove seedlin
otographic docu
25. The plan
of the plants
not been met,
achieved at 1 ye
cover of vegetatio
g even
of the pl. "angroves; percent cover by native wetland plant species
s condu (i.e. removal of exotics, replanting if necessary in the case of
rtality, moval of marine debris, etc.)
tation from at least three fixed reference points
. Mean Low
s outs - footprint of the per ed dredge
shbe required to °litigate and/or
nd local authorizations within 90 days of
rove plantings to e
terly for the first t
ise acknowle
ubmitted b
uccess of the plantings over a 5-
and semi-annually for the
and approved by DERM in
e City within thirty (30) days of
all commence from the date that
arterly g report shall be submitted to DERM
time zero a''itoring report. At the conclusion of the
roved planterarea be surveyed by a Licensed Land
rts via email to th
agement (DE
artment of Regulatory and Economic Resources,
, Coastal Resources Section, c/o Luis Fernandez,
is.fernandez4@miamidade.gov and shall include the
ERM File Number (CLI-2020-0243), and property address
tion within the planter must meet 80% survivorship at all times following completion
ing report shows that the minimum 80% survivorship of the planted vegetation has
alophytic plants shall be planted and maintained by the City until 80% survival is
the last mangrove planting. Success of the planter shall be achieved when there is 80%
nopy within the designated planter.
26. The species and species composition utilized within the planter shall not be substituted without first obtaining
written approval from DERM.
27. The planter shall be preserved and managed such that it is not disturbed or removed. The planter shall be
maintained in perpetuity in such a manner as to prevent erosion of fill materials into tidal waters and/or
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 6 of 15
deterioration to the extent that the planter becomes a hazard to water quality, environmental resources, and/or to
navigation.
28. The planter shall be maintained free from invasive exotic vegetation in perpetuity. After the monitoring period
has elapsed, future exotic vegetation removal from within the impact footprint shall require a minimum of 10
days' notice to Coastal Resources Section at dermcr@miamidade.gov prior to th-., removal event. Cut exotic
vegetation shall be treated with an appropriate herbicide within one hour of c All cut material will be
removed from the property and disposed of in an authorized landfill. For the p .se o " , is and other specific
conditions of this permit, exotic pest plants shall include all Category I and .nts on the 2017 Florida Exotic
Pest Plant Council list. Nuisance species shall include but not be limited to .w-=.p. Failure to comply with this
specific condition may be subject to enforcement by DERM.
29. In order to mitigate for the water quality impacts associated wit the
vegetation planter and in order to ensure the success of th
$2,355.30 shall be held to ensure compliance with the afor ention
required mitigation. Failure to comply with any of these c 'ions may
County of all or a portion of the bond without further noti
30. Trimming of the mangroves within the planter does'' of q
statutes. Therefore, future trimming of said mangroves will re
subject Class I permit.
31. Mangrove seedlings that recruit into the n
32. A Miami -Dade County certified or registere
times during the initial and any subsequentan
performed. No trimming or alteration of mangrovi , may dorm
days' notice of trimming or alteration pursuant td.Section
received written acknowledgment from DERM.
reated wetland areas s
33. Cutting or otherwis
white mangrove
activities unle
authorized under S
34. The PMT and permittee
be rimming
tr
npermitted alterati
ult in unpermitted
yed.
36. The
wetlan
disposed
'tee shall take al'
trimming deb
ccordance
37. Sealing or trea
ing for th
r, mitigation
conditions and
result in the revoca
I Mangrove Trim
rk and shall clo
until the P
ion of the halophytic
in the amount of
mpletion of any
Miami -Dade
emptions under St_" of Florida
pe it unless autho ' ed under the
t be removed.
shall remain on -site at all
upervise all mangrove work
has provided a minimum of 10
e of Miami -Dade County and has
op or drop stems of red angroves or pneumatophores of black or
may not be c ucted in association with any maintenance trimming
in the permitted cope of work or conducted in association with work
% of the canopy of any mangrove to be trimmed shall
sible to achieve the final permitted configuration in one
ited. If the PMT or permittee anticipates that mangrove work will
ngrove, an alternative method (e.g. phased trimming) shall be
essary precautions to prevent trimmed material from falling into the water and/or
hall be removed (including debris which may fall into tidal waters) and properly
all applicable federal, state and local regulations.
angrove ends is prohibited.
38. All mangrove works all be performed utilizing hand-held equipment.
39. All trimming shall be performed in accordance with the Tree Care Industry Association (TCIA) standards
whenever possible, with the exception of removal or cutting of diseased or dead trees, branches or limbs,
which shall require separate Class I permit approval if not consistent with the permitted or exempt work.
40. Trimming of any mangrove trees within 50 feet of nesting or roosting birds is strictly prohibited.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 7 of 15
pers
Move
when the
41. Since the Florida manatee occurs in the waters at and adjacent to the property, the permittee and contractor
shall take measures to protect manatees during and after construction. Failure to comply with any of the below -
listed measures may result in enforcement action by DERM. These measures shall include the following:
a. All personnel associated with the project shall be instructed about the esence of manatees and
manatee speed zones, and the need to avoid collisions with and injury to es. The permittee shall
advise all construction personnel that there are civil and criminal pe •°'a s for arming, harassing, or
killing manatees which are protected under the Marine Mammal Prot +n Act, the Endangered Species
Act, and the Florida Manatee Sanctuary Act.
b.
Temporary signs concerning manatees shall be posted prior
All signs are to be removed by the permittee upon comple
already been approved for this use by the Florida Fis
must be used (see MyFWC.com/manatee). One sig
second sign measuring at least 81/2" by 11" expla
the shut down of in -water operations must be
engaged in water -related activities. Qu,;
ImperiledSpecies@myFWC.com.
d durin
e project.
e Consery
ich re s Caution: Boat
g the requirements for "Idle S
d in a loca n prominently visibl
oncernin.. these signs can
c. Siltation or turbidity barriers shall be made of material
shall be properly secured, andshall be regularly mon
entrapment. Barriers must not impanatee movement.
d. All vessels associated with the cons
while in the immediate area and while°,
foot clearance from the bottom. All ves
e. Any collision with or in
3922. Collisio
(1-904-731-
Imperiled,
f. The c
occur during t
and sightings sh
search r e, 620
e, 310 ersity Blvd.,
project cam. pietion.
-water project activities.
orary signs that have
ommission (FWC)
st be posted. A
o Wake" and
onnel
ent to
manatees cannot become entangled,
to avoid manatee entanglement or
ct shall operate -ed/No Wake" at all times
g the draft of th n el provides less than a four -
of deep wr whenever possible.
ury to a manatee s I b ported i'" ly to the FWC Hotline at 1-888-404-
ry should also b rted to the U. ish and Wildlife Service in Jacksonville
lorida or Vero ach (1-772-5 -3909) for south Florida, and to FWC at
om.
a log detailing si
ollowing proje
, collisions, or injuries to manatees should they
ompletion, a report summarizing the above incidents
ish and Wildlife Conservation Commission, Fish and
t., Tallahassee, Florida 32399-1600; to the U.S. Fish &
a,' sonville, Florida 32216, and to DERM within 60 days of
least one person shall be designaf .s a manatee observer when in -water work is being performed. That
n shall have experience in man a observation, and be equipped with polarized sunglasses to aid in
tion. The manatee observer n1st be on -site during all in water construction activities and shall advise
to cease operationupon sighting a manatee within 50 feet of any in -water construction activity.
a work barge, other associated vessels, or any in -water work shall not be performed after sunset,
pility of spot( g a manatee is negligible.
43. Adequate clea
resources, and a
submerged bottom
e maintained at all times between the submerged bottom, and any existing benthic
els moored at the property, such that there are no impacts to benthic resources or the
icluding but not limited to bottom scouring or prop dredging.
44. The powerboat vessel slip on -site shall be solely for the use of a public water taxi.
45. Vessels shall be restricted from mooring in areas designated as a "Mooring Prohibited Area" (Attachment B).
Only the portion of the property specifically designated for the mooring of vessels, pursuant to the Restrictive
Covenant Running with the Land in Favor of Miami -Dade County, executed on November 24, 2020 and recorded
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 8 of 15
on December 21, 2020 by Prive Developers, LLC and Prive Condominium Association, Inc. (Attachment A),
shall be used, at any time, for the mooring of any vessels. Failure to comply with this specific condition may be
subject to enforcement by DERM.
46. Maybe a sign identifying that only water taxi can moor in the slip? Ask KC if he has one
47. Due to shallow water depths, permanent railing measuring a minimum of 3 feet h .II be constructed along
the perimeter of the fixed and floating viewing platforms to prevent the mooring • ssels. his condition shall be
satisfied within 30 days of the completion of the viewing platforms.
48. The installation of fenders, davits, mooring whips, cleats, or any hard to to the mooring of vessels
within the Mooring Prohibited Area is prohibited. Failure to comply wit is speci ition may be subject to
enforcement by DERM.
49. The kayak launch is solely for the launching and retrieva .g on- •torized shallow vessels. Use of
the launch for motorized vessels is prohibited The rmittee shall install DER oved proper
signage within 30 days of the completion of construction, and prio to the use of the st nage
is required to be maintained for the life of the strutrejure to co ly with this specific ion will
be subject to enforcement by DERM.
50. This facility is required to have a valid Miami -Dade County Marin
will have commercial use and to adhere to all conditions of sal
Information for this permit can be obtained DERM at 305-372-65
51. In order to minimize danger of entrapment
inches in diameter, shall be covered with grat
maintained to prevent upland flooding.
52.
In order to mitigate for sho
slip docking facility, 1
the mitigation on-si
Environmental E
Biscayne Bay.
cement
bution in th
In order to mitigate for a ter
extend the life of the sea
542. §' + " of riprap
• �•ndition
0
ancement Tr
reation or enhance
A cone
marine
ies Operating Permit (MOP) if the facility
prior to the operation of the facility.
culverts which
than 7 and less than 60
*th spaces less ' inches wide; these shall be
erm and long term i,ac water • ; sociated with the construction of a 1
f riprap (approxi 1.35 tons) quired. Since it is not feasible to place
onditions, DERM is willing to a cept a contribution to the Biscayne Bay
—und for the cry ion or enhancement of marine habitat located within
ount of $90.00 made prior to permit issuance.
acts associat ith the seawall installation and filling, and in order to
iety of invertebrates and protective cover for small fish,
ximate y e required. Since it is not feasible to place the mitigation
M is willing o accept a contribution to the Biscayne Bay Environmental
n in the amount of $48,789.00 was made prior to permit issuance for the
19ated within Biscayne Bay.
53. " a be advised that t •eral gov F ent may have designated all or part of the subject property as critical
h g E or one or more .-ngere species. You are not authorized to commence any work or activities
purso this permit u f "you obtain any and all approvals or permits, if necessary, from the federal
govern' •ursuant to th « dangered Species Act and from the State of Florida pursuant to Florida law on
endanger _= "-cies. Plea .e advised that, even after work commences, if Miami -Dade County is advised by
the federal . ent, tm tate of Florida, or a court that an activity on the subject property is in violation of the
Endangered S - « pp �, n violation of Florida law on endangered species, or in violation of a permit or approval
granted by the f a government pursuant to the Endangered Species Act, such violation may result in an
immediate stop w.order. You are strongly advised to consult with the United States Fish and Wildlife Service
and any other neessary federal or state agencies before conducting any work or activities on the property. The
Vero Beach office of the United States Fish and Wildlife Service may be reached at (772) 562-3909. Please be
aware that the federal government may require certain actions or protections on the property, and this may result
in the need to modify the plans for the property. Therefore, it is recommended that you consult with the United
States Fish and Wildlife Service at an early stage in the process. In the event that the United States Fish and
Wildlife Service advises that your plans for the subject property may result in a "take" of endangered or
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 9 of 15
threatened species, you are strongly recommended to inform Miami -Dade County in writing at the earliest stage
possible.
See General Permit Conditions.
General Permit Conditions
1. This permit does not eliminate the necessity to obtain any required feder
the start of any activity approved by this permit. This permit is a regu
permittee or create in the permittee any property right or privilege, o
authorize any entrance upon or activities on property which is no
event that any structure authorized hereunder is determin
competent jurisdiction to encroach on or interfere with adjd `' t ripari
m.
obtain written consent for the offending structure from the- ` 'cted ripari
2. This permit shall be kept on -site during all phases of ns
3. All work shall be performed in accordance with the above refer
specific and general permit conditions. If a General Condition(s
permit document, the Specific Condition III be the controlling con
4. This permit only authorizes the work descri
upon tidal waters or coastal wetlands at the p
5. Any deviation from the approved plans for t
commencement of work, and work may not co
DERM. The contractor and the permittee shall to
into compliance with the permit and approved pla
compliance with such.
app �.
y intere
or control
fin adjudicatio
an rights, the per
an owner or to remov
local authorizations prior to
d does not convey to the
al property, nor does it
the permittee. In the
ed by a court of
grees to either
erference.
s and in accordance wi the attached
icts with a Specific Condition(s) in this
r work authorized by this permit.
the Project Descrip
equire additional
6. DERM shall *notified no later than 48 hours and no e
authorized by this permit, unless otherwise noted herei
calling (305) 372-6575 or by submitting t x tached Not
U.S. M mail at dermcr@miamidac
7.
ever reme
pon determin
o pe
d verify that no
32-4770 or on the
try lines.
8. T
exca
which i
Environm
from the Bo
state land or p
offense pursuant
work, the
will be'
t http:/
ittee and the c
filling, constru
d in the Bo
rotection
Trus
ditional work in, on, over or
proval.
ubmitte•'`n writing to DERM prior to the
owledgement of any deviation by
ion is necessary to bring the project
n by DERM that the structure is not in
an 5 days prior to the commencement of the work
e permittee and/or contractor may notify DERM by
of Commencement of Construction via hand delivery,
tractor shall verify the location of all underground and overhead utility lines
ed by the work. Contact Sunshine State One -Call of Florida at 1-800-
nshine.com/corp/before/submitting.html for locating underground
tor are hereby advised that under Florida law, no person shall commence any
, or other activity involving the use of sovereign or other lands of the State, title to
of Trustees of the Internal Improvement Trust Fund or the Florida Department of
EP), until such person has received the required authorization for the proposed use
or FDEP. If such work is done without consent, or if a person otherwise damages
state land, the Board of Trustees may levy administrative fines of up to $10,000 per
Florida Administrative Code.
9. The permittee and contractor shall obtain all required approvals from all local, state and federal agencies prior to
performing the work authorized by this permit.
10. Trimming or alteration of mangroves or work in wetlands other than what is authorized by this permit is
prohibited. Work not authorized by this permit or that is not explicitly exempt from permit requirements pursuant
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 10 of 15
to the Mangrove Trimming and Preservation Act (403.9321-9334 F.S.) shall require additional Class I approval.
11. For any work involving mangrove trimming or alteration, if the subject Class I permit is revoked by DERM, or the
state statute providing the exemption is modified or eliminated, the permittee shall be required to obtain a new
permit from DERM prior to mangrove trimming or alteration.
12. All work authorized by this permit shall be performed by the contractor
applicable certificate of competency and shall be licensed in Miami -Dade
perform such work. Any work which is subcontracted shall require that th
contractor who is listed on this permit) notify the project manager at D
dermcr@miamidade.gov a minimum of 72 hours prior to the subcon r p
shall include the name of the subcontractor performing the work, the - , * ontra
number or state general contractor license number, and scope of .rkFailure
violation of the Class I permit and may result in enforcement act
13. The contractor shall not store or place, even on a temp
waters or wetlands and shall take all necessary preca
falling into the water or adjacent wetlands. Any debr:
removed immediately. Construction and demolition debris
state and local regulations.
an • bcontractor holding an
y or a State of Florida to
rmittee and contractor (i.e. the
05) 372-6575 or by email at
ing any work. Notification
cto $ mi-Dade County license
to cis' ith this condition is a
y basis, construction or dem
to preve
into the
e disp
14. Turbidity controls (including but not limited to turbidity curtains) sh
are present to ensure compliance with the water quality standards sti
Miami -Dade County. Turbidity controls shall be employed and maintai
actively occurring in the most effective manner possible to prevent turbid'
mechanism in place.
15. Turbidity may not exceed 0 Nephelometric Turbidity Units (l`
of the Aquatic Preserve, a
discharge. Turbidity I
shall stop and additions
implemented aded`uate turbidi
work. At DE 's discretion, tur
44.2(3) of theode of Miami -Dad
construction or dem
er and/or adjacent w
of in accordance w
debris in tidal
's from
shall be
all federal,
implemented whenever visible plumes
in Section 24-42(3) of the Code of
ound the location where work is
ending beyond the control
in. the A: uatic Preserve or 29 NTU outside
ove background beyond the turbidit ntroldevice or 50 feet from any point of
e monitored. If the turbidity levels eeed the above standards, all construction
ntrols shall be implemented. W shall not resume until the contractor has
rol methods and has received authorization from DERM to recommence
samples may be iequired to be collected in accordance with Section 24-
ounty.
16. Environmental controls and best mane hall be implemented to prevent any materials related to
conentering the surroun Any material removed as well as material applied to
a• . repairs`must be contaled so as to pr ent fugitive particulates and/or discharge to surface waters.
y materials which fall into the; er shall be removed immediately. The contractor shall ensure that no
aterial is placed in the water eith orarily or permanently.
work or activity associated with t project is to take place in navigable waters, the contractor shall instruct
a ` ';: ' a onnel associated with the pro' ct of the potential presence of manatees and the need to avoid collision
with Q -tees. All vessels associated with the project must operate at "Idle Speed/No Wake" at all times while
in waf-'' -re the draft of the vessel provides less than a 4 foot clearance from the bottom. Additionally, all
vessels •w routes •_deep water whenever possible. All in -water construction activities shall cease upon
the sightin• `: manat_ ) within 50 feet of the project area and will not resume until the manatee(s) has
departed the .F:. Any collision with and/or injury to a manatee shall be reported immediately to the
"Manatee Hotlin=$ :8-404-FWCC), the U.S. Fish and Wildlife Service, Jacksonville Field Office (904) 791-
2580, and DERM 5) 372-6864.
18. The contractor shall ensure that all vessels associated with the construction shall operate within waters of
sufficient depth so as to preclude bottom scouring or prop dredging and shall maintain a minimum of 1 foot of
water between the vessel bottom and submerged aquatic resources.
19. The contractor shall ensure that there are no impacts to seagrass, hard corals, or soft corals as a result of
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 11 of 15
construction operations, such as, but not limited to, propeller scouring; and vessel or barge anchoring, grounding
or spudding. The marine contractor and permittee shall be held jointly liable for any of these unauthorized
impacts. For any impacts caused by the construction operation, DERM shall require, at a minimum, restoration
and mitigation.
20. For the purposes of this permit, "vessel" is herein defined as any craft designed t float or navigate on water,
including but not limited to: sailboats, powerboats, rowboats, boats, ships, E� houseboats, personal
watercraft and inflatable boats.
21. Pursuant to Section 24-48.10 of the Code of Miami -Dade County the w
permit shall be privately maintained by the permittee, his successors aa' .Tss
the Director of the DERM, said work or structures are not maint. - in suc
deterioration to the extent that they become a hazard to the publ' or ®navigation,
flow, or prevent access for drainage maintenance purposes, or - a• adjacent p
required to perform any necessary remedial work.
22. Unless otherwise authorized in this permit and pursu
Miami -Dade County, the installation or constructio
covered structures, canopies, helicopter pads, commercial
the tidal waters of Miami -Dade County and constitutes a vi
condition may subject the permittee to enforcement action withou
23. A DERM Class II permit is required for t
system in, on, under or upon any water b
required for any dewatering of groundwater,
contractor shall contact the Water Control S
Class V permit prior to the construction of any
24. The time allotted to com•I
stipulated on the per
Miami -Dade Count
date of permit
permittee.
25. An application for Tra
ownership up to 120 da
the • "' plicatio
T . -'_ = �. ��� :x• in the
lete in
of trans
27.
struction, installation,
ami-Dade County.
rs or water, whic
at (305) 372-6
tem and
ctures authorized under this
henever, in the opinion of
anner so as to prevent
ate an obstruction of
, then the owner is
4-48.23 and 24-48. a rode of
nt floating or fixed res (e.g.
ibited in, on, over ypon any of
is pnit. Failure to cply with this
warning.
alteration of any outfall or overflow
tion, a DERM Class V permit is
ed into an excavation. The
order to obtain a Class II or
to any dewatering activity.
to the work for whi thi 6'=rmit ha ssued shall be limited to the period
v extension of ti F granted pur t to Section 24-48.9(2) of the Code of
extensions of treshall be sub fitted to DERM at least 30 days prior to the
e or untimely a 'cations for extensions of time will be returned to the
ansfer is not
'thin 120 days of t
project involves co'
es above the fina
of s •' . ter into the wat
the wa
To further r
Biscayne Can
November 15.
mit may be file ith DERM at any time prior to the transfer of property
simple ownership of the property that is the subject of
ansfer r P ed by both the transferee and transferor. Applications for
rescribed by r RM and shall not be processed if the filed Application for
pects pursuant to Section 24-48.18, of the Code of Miami -Dade County
rorty ownership.
ction, repI3ement, or repair of a seawall, the new seawall cap shall be a minimum
de of thi uplands immediately adjacent, and in order to prevent positive drainage
y, all uplands immediately adjacent to the new seawall shall be graded away from
ility of injuring or killing a manatee during construction, work within portions of the
er, and the Coral Gables Waterway shall be performed only between May 1 and
28. A minimum of 1 'pot of clearance shall be maintained at all times between the submerged bottom, and any
existing benthic resources, and any vessels moored at the property.
29. Adequate clearance shall be maintained at all times between the submerged bottom, and any existing benthic
resources, and any vessels moored at the property, such that there are no impacts to State or County water
quality standards, even on a temporary basis, or to benthic resources or the submerged bottom, including but not
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 12 of 15
limited to bottom scouring or prop dredging.
30. If railing is required to be installed pursuant to this permit, it shall be installed within 30 days of completion of the
permitted work, and prior to the use of the structure(s) authorized by this permit, including the mooring of
vessels.
31. A performance and/or mitigation bond may be held to ensure compliance with the
the completion of any required mitigation. Failure to comply with any of th
revocation by Miami -Dade County of all or a portion of the bond without furth
32. Pursuant to Section 24-48.3.(9), the use or installation of unencapsulat
shall be prohibited in connection with any work requiring a Class I pe
facilities which are subject to a County marine facilities operatin..er
shall require the removal, replacement or repair of any unen
shows evidence of degradation, disintegration, shredding, o
the Director.
oly
t. Pursu
pursuant
te polystyrene
age, as determi
entioned conditions and
con. +ns may result in the
ice.
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
as defined in Section 24-5
Section 24-48.26, for all
chapter, such permit
such polystyrene
the discretion of
Page: 13 of 15
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES
COASTAL RESOURCES SECTION
701 NW 1st Court, Ste 600, Miami, FL 33136
Phone 305-372-6575 Email dermcr@miamidade.gov
NOTICE OF COMMENCEMENT OF CONSTRUCTION
PERMIT NO.:
PERMITTEE'S NAME:
PROJECT LOCATION:
PERMIT ISSUANCE DATE:
CONTRACTOR NAME:
PROPOSED DATE OF COMMENCEMENT:
ANTICIPATED DATE OF COMPLETION:
COMMENTS:
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243 Page: 14 of 15
Attachment B:
Mooring Prohibited Area (MPA)
•
♦
NORTH SHORELINE- -,__-• ,#
STABILIZATON &
STRUCTURE PLAN td
(SHEETSC-12&C-14)
CENTRAL SHORELINE
PROP SEAWALL RETROFIT PLAN
(SHEETS C-181
PROPOSED !`.FT WIDE f �'
RNERWALK " J
i
RESOURCE3 DIVISION
PRELIMINARY APPROVAL
NAME Ashley Dommucz
DATE_ 1'2Li8.2Q22
SOUTH SHORELINE
STABILIZATION PLAN
(MEETS C-22 >iy E
THIS PERMIT AND PLANS SHALL BE KEPT ON SITE
DURING ALL PHASES OF CONSTRUCTION
CLI-2020-0243
Page: 15 of 15
Op
'1 t I , 111111 #
11
0 g
Date: 06/27/2022
AGENDA ITEM SUMMARY FORM
File ID: #12201
Commission Meeting Date: 07/19/2022
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted: District 3
Type: Resolution
Subject: Accept - Jose Marti FDEO Hazard Mitigation Grant 40-B193500
Purpose of Item:
A resolution of the Miami City Commission to authorize the City Manager to accept,
allocate, and appropriate a Community Development Block Grant Mitigation (CDBG-
MIT) grant award in the not to exceed amount of Thirteen Million Four Hundred Ninety
Seven Thousand Eight Hundred Forty -Three dollars and Zero Cents ($13,497,843.00)
from the Florida Department of Economic Opportunity to be utilized for flooding
mitigation efforts designed to harden the Jose Marti Park as part of OCI Project (40-
B193500) with no matching funds.
Background of Item:
The Florida Department of Economic Opportunity has awarded the City of Miami CDBG
Mitigation funding in the amount of Thirteen Million Four Hundred Ninety -Seven
Thousand Eight Hundred Forty -Three dollars and Zero Cents ($13,497,843.00) to be
utilized for shoreline stabilization and drainage improvements to Jose Marti Park so it
may act as a both buffer and sponge for incoming water. Project activities are a part of
the adaptive redesign of the Jose Marti Park, which will increase the resilience of the
park and the East Little Havana neighborhood that surrounds it against flooding, natural
hazards, and climate change. This project will consist of retrofitting existing seawalls in
some locations, building new seawalls in other locations, constructing living
shorelines/living seawalls, creating a floating boardwalk and view platforms on the river,
developing a Riverwalk and parking lot with pervious pavement and underground water
retainment infrastructure, refurbishing an existing building into a community gathering
pavilion, sculpting uplands and integrating native tree canopy with proper subtraction to
maximize the capture and filtration of water into the rive/water table.
Budget Impact Analysis
Item is Related to Revenue
Total Fiscal Impact:
$13,497,843.00
CIP Project No:
40-B193500
Office of Capital Improvements Hector l Badia
Reviewed By
Department Head Review
Completed 06/28/2022 6:42 PM
Office of Management and Budget Asher Jacques
Office of Management and Budget Lai -wan McGinnis
Office of Management and Budget Marie Gouin
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Department of Resilience and Public Works
Victoria Mendez
Nicole Ewan
Nicole Ewan
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Department of Resilience and Public Works
Office of the City Attorney Victoria Mendez
Office of the City Clerk City Clerk's Office
Budget Analyst Review Skipped
Budget Analyst Review Completed
Budget Review Completed
Deputy City Manager Review Completed
City Manager Review Completed
Legislative Division Review Completed
Joseph Murray ACA Review
Approved Form and Correctness Completed
Meeting Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
Joseph Murray ACA Review
Approved Form and Correctness with Modification(s)
Rendered Completed
06/29/2022 8:43 AM
06/30/2022 8:58 AM
06/30/2022 2:12 PM
06/30/2022 2:29 PM
07/01/2022 9:01 AM
07/01/2022 11:33 AM
Completed
07/04/2022 5:49 PM
07/14/2022 9:00 AM
07/19/2022 9:00 AM
07/21/2022 12:16 PM
07/21/2022 12:20 PM
07/20/2022 1:13 PM
Completed
Completed
07/22/2022 11:04 AM
OPP
* II[U,II1111 *
ueu
0 it
City of Miami
Legislation
Resolution
Enactment Number: R-22-0254
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12201
Final Action Date:7119/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING, ALLOCATING,
BUDGETING, AND APPROPRIATING A COMMUNITY DEVELOPMENT BLOCK
GRANT MITIGATION AWARD ("GRANT AWARD") IN AN AMOUNT NOT TO EXCEED
THIRTEEN MILLION FOUR HUNDRED NINETY-SEVEN THOUSAND EIGHT
HUNDRED FORTY-THREE DOLLARS ($13,497,843.00) FROM THE FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY ("FDEO") TO BE UTILIZED FOR
FLOOD MITIGATION EFFORTS DESIGNED TO STABILIZE THE JOSE MARTI PARK
("PARK") SHORELINE AND MAKE DRAINAGE IMPROVEMENTS TO THE PARK SO
IT MAY ACT AS A BUFFER AND SPONGE FOR INCOMING WATER AS PART OF
THE ADAPTIVE REDESIGN THAT WILL INCREASE THE RESILIENCE OF THE
PARK AND THE EAST LITTLE HAVANA NEIGHBORHOOD AGAINST FLOODING,
NATURAL HAZARDS, AND CLIMATE CHANGE, WITH NO MATCHING FUNDS;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT
AGREEMENT WITH FDEO, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY;
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL OTHER NECESSARY DOCUMENTS, ALL IN FORMS ACCEPTABLE
TO THE CITY ATTORNEY, FOR THE ACCEPTANCE, ADMINISTRATION OF, AND
COMPLIANCE WITH THE GRANT AWARD IN SUPPORT OF OFFICE OF CAPITAL
IMPROVEMENTS PROJECT NO. 40-B193500.
WHEREAS, the City of Miami (City) has been awarded a Community Development
Block Grant Mitigation grant ("Grant Award") from the Florida Department of Economic
Opportunity ("FDEO") in a total amount not to exceed Thirteen Million Four Hundred Ninety -
Seven Thousand Eight Hundred Forty -Three Dollars ($13,497,843.00) to be utilized for flood
mitigation efforts designed to stabilize the shoreline of the Jose Marti Park ("Park") located at
351 Southwest 4 Avenue, Miami, and to make drainage improvements to the Park so it may act
as a buffer and sponge for incoming water as part of the adaptive redesign that will increase the
resilience of the Park and the East Little Havana neighborhood against flooding, natural
hazards, and climate change, with no matching funds; and
WHEREAS, qualifying mitigation activities are those activities that increase resilience to
disasters and reduce or eliminate the Tong -term risk of loss of life, injury, damage to and Toss of
property, and suffering and hardship by lessening the impact of future disasters; and
WHEREAS, the Grant Award will fund improvements to this critical area of shoreline in
the East Little Havana neighborhood by enhancing its resilience and the resilience of the
surrounding community to future natural disasters by retrofitting existing seawalls in some
locations, building new seawalls in other locations, constructing living shorelines/living seawalls,
creating a floating boardwalk and view platforms on the river, developing a Riverwalk and
parking lot with pervious pavement and underground water retainment infrastructure,
refurbishing an existing building into a community gathering pavilion, sculpting upland, and
integrating native tree canopy with proper subtraction to maximize the capture and filtration of
water into the river/water table; and
WHEREAS, it is appropriate for the City to accept the Grant Award, authorize the City
Manager to negotiate and execute the a corresponding grant agreement ("Grant Agreement"), in
a form acceptable to the City Attorney, and to negotiate and execute any and all necessary
documents, in forms acceptable to the City Attorney, for the acceptance, allocation, budgeting,
appropriation, administration of, and compliance with the Grant Agreement, in support of Office
of Capital Improvements ("OCI") Project No. 40-6193500.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to accept the Grant Award to be
utilized for the flood mitigation designed efforts to stabilize the shoreline and make drainage
improvements to the Park.
Section 3. The Grant Award shall be allocated, budgeted, and appropriated to be used
in support of OCI Project No. 40-B193500.
Section 4. The City Manager is hereby authorized' to negotiate and execute the Grant
Agreement, in a form acceptable to the City Attorney, with FDEO for drainage improvements
and stabilization of the shoreline of the Park with no reference to mangroves in Attachment A,
Section 4(C)(6), titled "Landscapes".
Section 5. The City Manager is further authorized' to negotiate and execute any and all
renewals, extensions, modifications, amendments, and any other necessary documents, all in
forms acceptable to the City Attorney, for the acceptance, allocation, budgeting, appropriation,
administration of, and compliance with the Grant Agreement.
Section 6. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ria
ndez, City ttor
7/4/2022
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from
the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
SERVICE PROVIDER'S Performance and Payment Bond,
(CASH)
IN WITNESS WHEREOF the SERVICE PROVIDER has executed under seal and delivered
to Dade County these presents this of , 20 24 .
WHEN THE SERVICE PROVIDER IS AN INDIVIDUAL:.
Signed, sealed and delivered in the presence of:
(Witness) (Signature of Individual)
(Witness) (Printed Name of Individual)
WHEN THE SERVICE PROVIDER IS A SOLE PROPRIETORSHIP OR OPERATES UNDER A
TRADE NAME:.
Signed, sealed and delivered in the presence of:
(Witness) (Name of Firm)
(Witness) (Signature of Individual)
WHEN THE SERVICE PROVIDER IS A PARTNERSHIP:
Signed, sealed and delivered in the presence of:
(Witness)
(Witness)
(Name of Firm) A Partnership
(Partner)
WHEN=-THE.:SERVICE PROVIDER IS A_CORPORATIO.N:.
( Seal)
Page 3 of 4
of Corporation)
ity Manager
SERVICE PROVIDER'S PERFORMANCE AND PAYMENT BOND
(CASH)
CORPORATE CERTIFICATE
I,
certify that I am the Secretary of
the corporation named in the within bond; that
, who signed the said bond on behalf of
the SERVICE PROVIDER, was then
of said corporation; that I know his signature, and his signature thereto is genuine; and that said
bond was duly signed, sealed and attested to for and in behalf of said corporation by authority of
its governing body.
(Corporate Seal)
Page 4 of 4
Form g
;Rev. October2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank.
City of Miami
2 Business name/disregarded entity name, if different from above
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
4 Exemptions
certain entities,
instructions
Exempt payee
Exemption
code if an
(
(Applies to accounts
(codes apply only to
not individuals; see
on page 3):
code (if any) 3
Individual/sole proprietor or • C Corporation S Corporation • Partnership E Trust/estate
single -member
LLC
company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership)
the appropriate box in the line above for the tax classification of the single -member owner.
is classified as a single -member LLC that is disregarded from the owner unless the owner
is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single
from the owner should check the appropriate box for the tax classification of its owner.
0- Municipality
►
II Limited liability
Note: Check
LLC if the LLC
another LLC that
is disregarded
0 Other (see instructions)
from FATCA reporting
y) C
Do not check
of the LLC is
-member LLC that
maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions.
444 SW 2nd Avenue
Requester's name and address (optional)
6 City, state, and ZIP code
Miami, Florida 33130
7 List account number(s) here (optional)
Part I; Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If.you do not have a number, see How to get a
TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Part II
Social security number
or
Employer identification number
5
9
6
0
0
0
3
7
8
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured pr perty, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here
Signature of
U.S. person ►
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
Date ► 3/ose �s
• Form 1099-DIV (dividends, including t from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X
Form W-9 (Rev. 10-2018)
Form W-9 (Rev. 10-2018) Page 2
By signing the filled -out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating
that you are exempt from the FATCA reporting, is correct. See What is
FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other
than Form W-9 to request your TIN, you must use the requester's form if
it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien;
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States;
• An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax under section 1446 on any foreign partners' share of effectively
connected taxable income from such business. Further, in certain cases
where a Form W-9 has not been received, the rules under section 1446
require a partnership to presume that a partner is a foreign person, and
pay the section 1446 withholding tax. Therefore, if you are a U.S. person
that is a partner in a partnership conducting a trade or business in the
United States, provide Form W-9 to the partnership to establish your
U.S. status and avoid section 1446 withholding on your share of
partnership income.
In the cases below, the following person must give Form W-9 to the
partnership for purposes of establishing its U.S. status and avoiding
withholding on its allocable share of net income from the partnership
conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner
of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner,
generally, the U.S. grantor or other U.S. owner of the grantor trust and
not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust
(other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a
foreign bank that has elected to be treated as a U.S. person, do not use
Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see
Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign
Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a "saving clause." Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the
appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS 24% of such
payments. This is called "backup withholding." Payments that may be
subject to backup withholding include interest, tax-exempt interest,
dividends, broker and barter exchange transactions, rents, royalties,
nonemployee pay, payments made in settlement of payment card and
third party network transactions, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for
Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the
Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a
participating foreign financial institution to report all United States
account holders that are specified United States persons. Certain
payees are exempt from FATCA reporting. See Exemption from FATCA
reporting code, later, and the Instructions for the Requester of Form
W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account; for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line
blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account
maintained by a foreign financial institution (FFI)), list first, and then
circle, the name of the person or entity whose number you entered in
Part I of Form W-9. If you are providing Form W-9 to an FFI to document
a joint account, each holder of the account that is a U.S. person must
provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If
you have changed your last name without informing the Social Security
Administration (SSA) of the name change, enter your first name, the last
name as shown on your social security card, and your new last name.
Note: ITIN applicant Enter your individual name as it was entered on
your Form W-7 application, line la. This should also be the same as the
name you entered on the Form 1040/1040A/1040EZ you filed with your
application.
b. Sole proprietor or single -member LLC. Enter your individual
name as shown on your 1040/1040A/1040EZ on line 1. You may enter
your business, trade, or "doing business as" (DBA) name on line 2.
c. Partnership, LLC that is not a single -member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the
entity's tax return on line 1 and any business, trade, or DBA name on
line 2.
d. Other entities. Enter your name as shown on required U.S. federal
tax documents on line 1. This name should match the name shown on the
charter or other legal document creating the entity. You may enter any
business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is
disregarded as an entity separate from its owner is treated as a
"disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter
the owner's name on line 1. The name of the entity entered on line 1
should never be a disregarded entity. The name on line 1 should be the
name shown on the income tax return on which the income should be
reported. For example, if a foreign LLC that is treated as a disregarded
entity for U.S. federal tax purposes has a single owner that is a U.S.
person, the U.S. owner's name is required to be provided on line 1. If
the direct owner of the entity is also a disregarded entity, enter the first
owner that is not disregarded for federal tax purposes. Enter the
disregarded entity's name on line 2, "Business name/disregarded entity
name." If the owner of the disregarded entity is a foreign person, the
owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded
entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax
classification of the person whose name is entered on line 1. Check only
one box on line 3.
IF the entity/person on line 1 is
a(n) ...
THEN check the box for ...
• Corporation
Corporation
• Individual
• Sole proprietorship, or
• Single -member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or single-
member LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership
Partnership
• Trust/estate
Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting,
enter in the appropriate space on line 4 any code(s) that may apply to
you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from
backup withholding.
• Except as provided below, corporations are exempt from backup
withholding for certain payments, including interest and dividends.
• Corporations are not exempt from backup withholding for payments
made in settlement of payment card or third party network transactions.
• Corporations are not exempt from backup withholding with respect to
attorneys' fees or gross proceeds paid to attorneys, and corporations
that provide medical or health care services are not exempt with respect
to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup
withholding. Enter the appropriate code in the space in line 4.
1—An organization exempt from tax under section 501(a), any IRA, or
a custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities
3—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
4—A foreign government or any of its political subdivisions, agencies,
or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a U.S. commonwealth or
possession
7—A futures commission merchant registered with the Commodity
Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the
Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a)
11—A financial institution
12—A middleman known in the investment community as a nominee or
custodian
13—A trust exempt from tax under section 664 or described in section
4947
Form W-9 (Rev. 10-2018)
Page 4
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 13.
IF the payment is for ...
THEN the payment is exempt
for...
Interest and dividend payments
All exempt payees except
for 7
Broker transactions
Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
See Form 1099-MISC, Miscellaneous Income, and its instructions.
2 However, the following payments made to a corporation and
reportable on Form 1099-MISC are not exempt from backup
withholding: medical and health care payments, attorneys' fees, gross
proceeds paid to an attorney reportable under section 6045(f), and
payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify
payees that are exempt from reporting under FATCA. These codes
apply to persons submitting this form for accounts maintained outside
of the United States by certain foreign financial institutions. Therefore, if
you are only submitting this form for an account you hold in the United
States, you may leave this field blank. Consult with the person
requesting this form if you are uncertain if the financial institution is
subject to these requirements. A requester may indicate that a code is
not required by providing you with a Form W-9 with "Not Applicable" (or
any similar indication) written or printed on the line for a FATCA
exemption code.
A —An organization exempt from tax under section 501(a) or any
individual retirement plan as defined in section 7701(a)(37)
B—The United States or any of its agencies or instrumentalities
C—A state, the District of Columbia, a U.S. commonwealth or
possession, or any of their political subdivisions or instrumentalities
D—A corporation the stock of which is regularly traded on one or
more established securities markets, as described in Regulations
section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated
group as a corporation described in Regulations section 1.1472-1(c)(1)(i)
F—A dealer in securities, commodities, or derivative financial
instruments (including notional principal contracts, futures, forwards,
and options) that is registered as such under the laws of the United
States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an
entity registered at all times during the tax year under the Investment
Company Act of 1940
I —A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section
4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g)
plan
Note: You may wish to consult with the financial institution requesting
this form to determine whether the FATCA code and/or exempt payee
code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information
returns. If this address differs from the one the requester already has on
file, write NEW at the top. If a new address is provided, there is still a
chance the old address will be used until the payor changes your
address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN.
If you are a single -member LLC that is disregarded as an entity
separate from its owner, enter the owner's SSN (or EIN, if the owner has
one). Do not enter the disregarded entity's EIN. If the LLC is classified as
a corporation or partnership, enter the entity's EIN.
Note: See What Name and Number To Give the Requester, later, for
further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local SSA office or get this form online at
www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification
Number, to apply for an ITIN, or Form SS-4, Application for Employer
Identification Number, to apply for an EIN. You can apply for an EIN
online by accessing the IRS website at www.irs.gov/Businesses and
clicking on Employer Identification Number (EIN) under Starting a
Business. Go to www.irs.gov/Forms to view, download, or print Form
W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to
place an order and have Form W-7 and/or SS-4 mailed to you within 10
business days.
If you are asked to complete Form W-9 but do not have a TIN, apply
for a TIN and write "Applied For" in the space for the TIN, sign and date
the form, and give it to the requester. For interest and dividend
payments, and certain payments made with respect to readily tradable
instruments, generally you will have 60 days to get a TIN and give it to
the requester before you are subject to backup withholding on
payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until
you provide your TIN to the requester.
Note: Entering "Applied For" means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use
the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on line 1 must sign. Exempt payees, see Exempt payee
code, earlier.
Signature requirements. Complete the certification as indicated in
items 1 through 5 below.
Form W-9 (Rev. 10-2018) Page 5
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. "Other payments" include
payments made in the course of the requester's trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments made in settlement of payment
card and third party network transactions, payments to certain fishing
boat crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), ABLE accounts (under section 529A),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct
TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
3. Two or more U.S. persons
(joint account maintained by an FFI)
4. Custodial account of a minor
(Uniform Gift to Minors Act)
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
6. Sole proprietorship or disregarded
entity owned by an individual
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The individual
The actual owner of the account or, if
combined funds, the first individual on
the account'
Each holder of the account
The minor2
The grantor -trustee
The actual owner'
The owner3
The grantor*
For this type of account:
Give name and EIN of:
8. Disregarded entity not owned by an
individual
9. A valid trust, estate, or pension trust
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
11. Association, club, religious,
charitable, educational, or other tax-
exempt organization
12. Partnership or multi -member LLC
13. A broker or registered nominee
The owner
Legal entity4
The corporation
The organization
The partnership
The broker or nominee
For this type of account:
Give name and EIN of:
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The public entity
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person's number
must be furnished.
2 Circle the minor's name and furnish the minor's SSN.
3 You must show your individual name and you may also enter your
business or DBA name on the "Business name/disregarded entity"
name line. You may use either your SSN or EIN (if you have one), but the
IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless the
legal entity itself is not designated in the account title.) Also see Special
rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, SSN, or other identifying information, without your
permission, to commit fraud or other crimes. An identity thief may use
your SSN to get a job or may file a tax return using your SSN to receive
a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a •
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for
Taxpayers.
Victims of identity theft who are experiencing economic harm or a
systemic problem, or are seeking help in resolving tax problems that
have not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
Form W-9 (Rev. 10-2018) Page 6
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration (TIGTA) at 1-800-366-4484. You can
forward suspicious emails to the Federal Trade Commission at
spam@uce.gov or report them at www.ftc.gov/complaint. You can
contact the FTC at www.ftc.govlidtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov
and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and
how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your
correct TIN to persons (including federal agencies) who are required to
file information returns with the IRS to report interest, dividends, or
certain other income paid to you; mortgage interest you paid; the
acquisition or abandonment of secured property; the cancellation of
debt; or contributions you made to an IRA, Archer MSA, or HSA. The
person collecting this form uses the information on the form to file
information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of
Justice for civil and criminal litigation and to cities, states, the District of
Columbia, and U.S. commonwealths and possessions for use in
administering their laws. The information also may be disclosed to other
countries under a treaty, to federal and state agencies to enforce civil
and criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism. You must provide your TIN whether or
not you are required to file a tax return. Under section 3406, payers
must generally withhold a percentage of taxable interest, dividend, and
certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent
information.
al -Act