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Res No 202-13-14020
RESOLUTION NO. 202-13-14020 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, making certain findings; designating real estate as a brownfield area pursuant to section 376.80(2)(b), Florida Statutes, for rehabilitation and redevelopment for the purposes of sections 376.77 - 376.86, Florida Statutes; providing an effective date. WHEREAS, the State of Florida has provided, in Ch. 97 -277, Laws of Florida, which is codified at Ch. 376.77 - 376.85, Florida Statutes, for the designation by resolution, including at the request of the person who owns or controls one or more real estate parcels, of a "brownfields area" comprised of such real estate parcels, to provide for their environmental remediation and redevelopment and to promote economic development and revitalization generally; and WHEREAS, SOUTH MIAMI PLAZA PRESERVATION, LLC ( "SMPP "), has entered into a Ground Lease Agreement with Miami -Dade County, the owner of an approximately 2.499 acre parcel of land located at 6701 SW 62 °a Avenue, South Miami, FL 33143, with legal description as set forth on Exhibit A and as depicted on Exhibit B (the "Subject Property "), for the purposes of rehabilitation and redevelopment as a 61,364 square foot apartment complex for elderly residents with a 3,411 square foot community center (hereafter referred to as the "South Miami Plaza Preservation Site "); and WHEREAS, SMPP has requested that the City Commission of the City of South Miami, Florida, designate South Miami Plaza Preservation Site as a "brownfield area" pursuant to section 376.80(2)(b), Florida Statutes; and WHEREAS, the Mayor and City Commission of the City of South Miami, Florida have reviewed the relevant criteria that apply in designating a "brownfield area," as specified in Ch. 376.80(2)(b), Florida Statutes, and has determined and finds that South Miami Plaza Preservation Site qualifies for designation as a "brownfield area" because the following requirements have been satisfied: 1. SMPP controls the real estate proposed for designation and has agreed to rehabilitate and redevelop it; 2. The rehabilitation and redevelopment of the South Miami Plaza Preservation Site will result in economic productivity of the area and provide affordable housing as defined in s. 420.0004; 3. The redevelopment of the South Miami Plaza Preservation Site is consistent with the City's comprehensive plan and is a permittable use under the City's Zoning and Land Development Code; 4. Proper notice of the proposed rehabilitation of the SMPP has been provided to neighbors and nearby residents, and SMPP has provided those receiving notice the opportunity to provide comments and suggestions regarding the rehabilitation; and 5. SMPP has provided reasonable assurance that it has sufficient financial resources to implement and complete a rehabilitation agreement and redevelopment plan; and (00005461.DOC. l ) Pg. 2 of Res. No. 202 -13 -14020 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida desires to notify the Florida Department of Environmental Protection of its resolution designating the South Miami Plaza Preservation Site a "brownfield area" to further its rehabilitation and redevelopment for purposes of Ch. 376.77 — 376.85, Florida Statues; and WHEREAS, the applicable procedures set forth in Ch. 376.80 and 166.041, Florida Statutes, have been followed, and proper notice has been provided in accordance with Ch. 376.80(1) and 166.041(3)(c)2, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. Recitals Adopted. The Mayor and City Commission find the above recitals to be true and correct in their entirety. Section 2. Findings. The Mayor and City Commission finds that SMPP, LLC and the Subject Property satisfy the criteria set forth in Ch. 376.80(2)(b), Florida Statutes. Section 3. Designation. The Mayor and City Commission designate the Subject Property with legal description as set forth on Exhibit A and as depicted on Exhibit B, both attached hereto and incorporated herein by reference, as a "brownfield area" for purposes of Ch. 376.77 — 376.85, Florida Statutes. Section 4. Transmittal to FDEP. The City Clerk is hereby directed to provide a copy of this resolution to the Florida Department of Environmental Protection. Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED thisl 7th day of September , 2013. ATTEST: ITY CLERK READ Al D,APPROVED LAN GE, LEGALITY EXECMION THERE�F' 100005461.DOC. 1 1 APPROVED: RM, COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea South Miami gll•Amedca City CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven J. Alexander, City Manager From: Christopher Brimo, AICP Planning Director 6�x Date: September 17, 2013 ITEM No. /7 A Resolution of the City of South Miami, Florida, making certain findings; designating real estate as a Brownfield Area pursuant to Section 376.80(2)(b), Florida Statutes, for rehabilitation and redevelopment for the purposes of Sections 376.77 - 376.86, Florida Statutes; providing an effective date. BACKGROUND: The South Miami Plaza Preservation apartments is an elderly public housing development owned by Miami Dade County Housing & Community Development. This housing project is currently undergoing extensive interior renovations as well as some exterior renovations. The project was reviewed and received approval from the Environmental Review and Preservation Board (ERPB) on July 17, 2012 for the exterior renovations and again on August 7, 2012 for exterior painting, and is scheduled to back to the ERPB for review of additional exterior improvements. Additionally, the City Commission expressed an interest in the proposed renovations, to which the contractor did an informal presentation at the start of a regular meeting in August 2012. On June 26, 2013, the applicants representative, Mr. Michael Goldstein, Esq., submitted a request to the City for the designation of the South Miami Plaza Preservation Apartments, located at 6701 SW 62nd Avenue, as a Brownfield Area pursuant to Chapter 376.80(2)(b), Florida Statutes. Brownfield sites and areas are defined as follows, pursuant to Chapter 376.79(3), (4), Florida Statutes: "Brownfield sites" means real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency- designated brownfield pilot projects. South Miami Plaza Brownfield Area Designation September 17, 2013 Page 2 of 2 The request for Brownfield Area designation is being made "...due to the presence of a printing facility within 100 feet of the subject property with a history of non compliance with applicable environmental regulations as well as documented contamination associated with on -site operations." Additionally, the applicant states in his letter that "the designation, if granted, will allow SMPP to access a relatively modest but still important state -based economic incentive to help underwrite the unanticipated and unbudgeted costs associated with managing the perceived environmental risk as well as, generally, to put the project to more certain financial ground. In this sense, the designation will not only play a critical role in the successful rehabilitation and redevelopment of the Subject Property but also in the larger revitalization effort ,fqr the community in which the Subject Property is located." This material has been provide by the applicant and is included with the backup material for your review. Please refer to Mr. Goldstein's letter dated June 26, 2013, and the "Brownfield Area Designation Eligibility Statement" provided by the applicant for additional details. RECOMMENDATION Staff reviewed the request for Brownfield Area Designation and recommends approval of the designation of The South Miami Plaza Preservation apartments as such. 376.80 Brownfield program administration process. — (1) A local government with jurisdiction over the brownfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77- 376.86. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less- detailed map accompanied by a detailed legal description of the brownfield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 125.66, except that the notice for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b)2. (2)(a) If a local government proposes to designate a brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. In determining the areas to be designated, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. (b) A local government shall designate a brownfield area under the provisions of this act provided that: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site; 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full -time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the (0000546Llloc. t ) rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks; 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations; 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area; and 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. (c) The designation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfield site rehabilitation agreement with the department or approved local pollution control program. (J) �VY�11G11 aide rs a person lesponstOle'Wr UloWlllleid slte 1CS1ab111lat1UI1, 'the lUCdl gUVeIIlr71er16 must notify the department of the identity of that person. If the agency or person who will be responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected local government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. The person responsible for brownfield site rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (0000546Lnoc. r ) (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and Iocal laws and consistent with the brownfield site contamination cleanup criteria in s. 376.8 1, including any applicable requirements for risk -based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77- 376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost - effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official docu rent issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; {0000546].voc. I l providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90 -day grace period shall not apply. If the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. (9) The department is specifically authorized and encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions, thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area. When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shall consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated brownfield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shall be specified in the delegation. The local pollution control program shall not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant to this subsection shall contain such terms and conditions necessary to ensure the effective and efficient administration and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the {0000546LDOC. ] 1 public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run -down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. History. —s. 4, ch. 97 -277; s. 3, ch. 98 -75; s. 11, ch. 2000 -317; s. 2, ch. 2004 -40; s. 44, ch. 2005- 2; s. 7, ch. 2006 -291; s. 5, ch. 2008 -239. 376.81 Brownfield site and brownfield areas contamination cleanup criteria.— (1) It is the intent of the Legislature to protect the health of all people under actual circumstances of exposure. By July 1, 2001, the secretary of the department shall establish criteria by rule for the purpose of determining, on a site - specific basis, the rehabilitation program tasks that comprise a site rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation program may be deemed completed. In establishing the rule, the department shall apply, to the maximum extent feasible, a risk -based corrective action process to achieve protection of human health and safety and the environment in a cost - effective manner based on the principles set forth in this subsection. The rule must prescribe a phased risk - based corrective action process that is iterative and that tailors site rehabilitation tasks to site - specific conditions and risks. The department and the person responsible for brownfield site rehabilitation are encouraged to establish decision points at which risk management decisions will be made. (00005461.DOC. I ) The department shall provide an early decision, when requested, regarding applicable exposure factors and a risk management approach based on the current and future land use at the site. The rule shall also include protocols for the use of natural attenuation, the use of institutional and engineering controls, and the issuance of "no further action" letters. The criteria for determining what constitutes a rehabilitation program task or completion of a site rehabilitation program task or site rehabilitation program must: (a) Consider the current exposure and potential risk of exposure to humans and the environment, including multiple pathways of exposure. The physical, chemical, and biological characteristics of each contaminant must be considered in order to determine the feasibility of risk -based corrective action assessment. (b) Establish the point of compliance at the source of the contamination. However, the department is authorized to temporarily move the point of compliance to the boundary of the property, or to the edge of the plume when the plume is within the property boundary, while cleanup, including cleanup through natural attenuation processes in conjunction with appropriate monitoring, is proceeding. The department also is authorized, pursuant to criteria provided for in this section, to temporarily extend the point of compliance beyond the property boundary with appropriate monitoring, if such extension is needed to facilitate natural attenuation or to address uic %,UAlellt COndi 1VnJ of tiie plume, provlUGU llUnlan he'al'th, public safety, and the environmenC are protected. When temporarily extending the point of compliance beyond the property boundary, it cannot be extended further than the lateral extent of the plume at the time of execution of the brownfield site rehabilitation agreement, if known, or the lateral extent of the plume as defined at the time of site assessment. Temporary extension of the point of compliance beyond the property boundary, as provided in this paragraph, must include actual notice by the person responsible for brownfield site rehabilitation to local governments and the owners of any property into which the point of compliance is allowed to extend and constructive notice to residents and business tenants of the property into which the point of compliance is allowed to extend. Persons receiving notice pursuant to this paragraph shall have the opportunity to comment within 30 days of receipt of the notice. (c) Ensure that the site - specific cleanup goal is that all contaminated brownfield sites and brownfield areas ultimately achieve the applicable cleanup target levels provided in this section. In the circumstances provided below, and after constructive notice and opportunity to comment within 30 days from receipt of the notice to local government, to owners of any property into which the point of compliance is allowed to extend, and to residents on any property into which the point of compliance is allowed to extend, the department may allow concentrations of contaminants to temporarily exceed the applicable cleanup target levels while cleanup, including cleanup through natural attenuation processes in conjunction with appropriate monitoring, is proceeding, if human health, public safety, and the environment are protected. (d) Allow brownfield site and brownfield area rehabilitation programs to include the use of institutional or engineering controls, where appropriate, to eliminate or control the potential exposure to contaminants of humans or the environment. The use of controls must be preapproved by the department and only after constructive notice and opportunity to comment within 30 days from receipt of notice is provided to local governments, to owners of any property into which the point of compliance is allowed to extend, and to residents on any property into which the point of compliance is allowed to extend. When institutional or engineering controls are implemented to control exposure, the removal of the controls must have {00005461.DOC. I 1 prior department approval and must be accompanied by the resumption of active cleanup, or other approved controls, unless cleanup target levels under this section have been achieved. (e) Consider the additive effects of contaminants. The synergistic and antagonistic effects shall also be considered when the scientific data become available. (f) Take into consideration individual site characteristics, which shall include, but not be limited to, the current and projected use of the affected groundwater and surface water in the vicinity of the site, current and projected land uses of the area affected by the contamination, the exposed population, the degree and extent of contamination, the rate of contaminant migration, the apparent or potential rate of contaminant degradation through natural attenuation processes, the location of the plume, and the potential for further migration in relation to site property boundaries. (g) Apply state water quality standards as follows: 1. Cleanup target levels for each contaminant found in groundwater shall be the applicable state water quality standards. Where such standards do not exist, the cleanup target levels for groundwater shall be based on the minimum criteria specified in department rule. The department shall apply the following, as appropriate, in establishing the applicable cleanup target levels: calculations using a lifetime cancer risk level of 1.0E -6; a hazard index of 1 or less; the best achievable detection limit; and nuisance, organoleptic, and aesthetic considerations. However, the department shall not require site rehabilitation to achieve a cleanup target level for any individual contaminant which is more stringent than the site- specific, naturally occurring background concentration for that contaminant. 2. Where surface waters are exposed to contaminated groundwater, the cleanup target levels for the contaminants shall be based on the more protective of the groundwater or surface water standards as established by department rule. The point of measuring compliance with the surface water standards shall be in the groundwater immediately adjacent to the surface water body. 3. Using risk -based corrective action principles, the department shall approve alternative cleanup target levels in conjunction with institutional and engineering controls, if needed, based upon an applicant's demonstration, using site - specific data, modeling results, risk assessment studies, risk reduction techniques, or a combination thereof, that human health, public safety, and the environment are protected to the same degree as provided in subparagraphs 1. and 2. Where a state water quality standard is applicable, a deviation may not result in the application of cleanup target levels more stringent than the standard. In determining whether it is appropriate to establish alternative cleanup target levels at a site, the department must consider the effectiveness of source removal, if any, which has been completed at the site and the practical likelihood of the use of low yield or poor quality groundwater, the use of groundwater near marine surface water bodies, the current and projected use of the affected groundwater in the vicinity of the site, or the use of groundwater in the immediate vicinity of the contaminated area, where it has been demonstrated that the groundwater contamination is not migrating away from such localized source, provided human health, public safety, and the enviromment are protected. When using alternative cleanup target levels at a brownreld site, institutional controls shall not be required if: a. The only cleanup target levels exceeded are the groundwater cleanup target levels derived from nuisance, organoleptic, or aesthetic considerations; b. Concentrations of all contaminants meet the state water quality standards or minimum criteria, based on protection of human health, provided in subparagraph 1.; c. All of the groundwater cleanup target levels established pursuant to subparagraph 1. are met at the property boundary; {00005461.DOC. 1 1 d. The person responsible for brownfield site rehabilitation has demonstrated that the contaminants will not migrate beyond the property boundary at concentrations exceeding the groundwater cleanup target levels established pursuant to subparagraph l.; e. The property has access to and is using an offsite water supply and no unplugged private wells are used for domestic purposes; and f. The real property owner provides written acceptance of the "no further action" proposal to the department or the local pollution control program. (h) Provide for the department to issue a "no further action order," with conditions, including, but not limited to, the use of institutional or engineering controls where appropriate, when alternative cleanup target levels established pursuant to subparagraph (g)3. have been achieved, or when the person responsible for brownfield site rehabilitation can demonstrate that the cleanup target level is unachievable within available technologies. Prior to issuing such an order, the department shall consider the feasibility of an alternative site rehabilitation technology in the brownfield area. (i) Establish appropriate cleanup target levels for soils. 1. In establishing soil cleanup target levels for human exposure to each contaminant found in soils from the land surface to 2 feet below land surface, the department shall apply the following, as appropriate: calculations using a lifetime cancer risk level of 1.DE -6; a hazard index of 1 or less; and the best achievable detection limit. However, the department shall not require site rehabilitation to achieve a cleanup target level for an individual contaminant which is more stringent than the site - specific, naturally occurring background concentration for that contaminant. Institutional controls or other methods shall be used to prevent human exposure to contaminated soils more than 2 feet below the land surface. Any removal of such institutional controls shall require such contaminated soils to be remediated. 2. Leachability -based soil target levels shall be based on protection of the groundwater cleanup target levels or the alternate cleanup target levels for groundwater established pursuant to this paragraph, as appropriate. Source removal and other cost - effective alternatives that are technologically feasible shall be considered in achieving the leachability soil target levels established by the department. The leachability goals shall not be applicable if the department determines, based upon individual site characteristics, and in conjunction with institutional and engineering controls, if needed, that contaminants will not leach into the groundwater at levels that pose a threat to human health, public safety, and the environment. 3. Using risk -based corrective action principles, the department shall approve alternative cleanup target levels in conjunction with institutional and engineering controls, if needed, based upon an applicant's demonstration,, using site- specific data, modeling results, risk assessment studies, risk reduction techniques, or a combination thereof, that human health, public safety, and the environment are protected to the same degree as provided in subparagraphs 1. and 2. (2) The department shall require source removal, as a risk reduction measure, if warranted and cost - effective. Once source removal at a site is complete, the department shall reevaluate the site to determine the degree of active cleanup needed to continue. Further, the department shall determine if the reevaluated site qualifies for monitoring only or if no further action is required to rehabilitate the site. If additional site rehabilitation is necessary to reach "no further action" status, the department is encouraged to utilize natural attenuation and monitoring where site conditions warrant. (3) The cleanup criteria described in this section govern only site rehabilitation activities occurring at the contaminated site. Removal of contaminated media from a site for offsite {00005461.DOC. I } relocation or treatment must be in accordance with all applicable federal, state, and local laws and regulations. History. —s. 5, ch. 97 -277; s. 4, ch. 98 -75; s. 12, ch. 2000 -317. 376.82 Eligibility criteria and liability protection. — (1) ELIGIBILITY. —Any person who has not caused or contributed to the contamination of a brownfield site on or after July 1, 1997, is eligible to participate in the brownfield program established in ss. 376.77 - 376.85, subject to the following: (a) Potential brownfield sites that are subject to an ongoing formal judicial or administrative enforcement action or corrective action pursuant to federal authority, including, but not limited to, the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f -300i, as amended; the Clean Water Act, 33 U.S.C. ss. 1251 -1387, as amended; or under an order from the United States Environmental Protection Agency pursuant to s. 3008(h) of the Resource Conservation and Recovery Act, as amended (42 U.S.C.A. s. 6928(h)); or that have obtained or are required to obtain a permit for the operation of a hazardous waste treatment, storage, or disposal facility; a postelosure permit; or a permit pursuant to the federal Hazardous and Solid Waste Amendments of 1984, are not eligible for participation unless specific exemptions are secured by a memorandum of agreement with the United States Environmental Protection Agency pursuant to paragraph (2)(g). A brownfield site within an eligible brownfield area that subsequently becomes subject to formal judicial or administrative enforcement action or corrective action under such federal authority shall have its eligibility revoked unless specific exemptions are secured by a memorandum of agreement with the United States Environmental Protection Agency pursuant to paragraph (2)(g). (b) Persons who have not caused or contributed to the contamination of a brownfield site on or after July 1, 1997, and who, prior to the department's approval of a brownfield site rehabilitation agreement, are subject to ongoing corrective action or enforcement under state authority established in this chapter or chapter 403, including those persons subject to a pending consent order with the state, are eligible for participation in a brownfield site rehabilitation agreement if: 1. The proposed brownfield site is currently idle or underutilized as a result of the contamination, and participation in the brownfield program will immediately, after cleanup or sooner, result in increased economic productivity at the site, including at a minimum the creation of 10 new permanent jobs, whether full -time or part -time, which are not associated with implementation of the brownfield site rehabilitation agreement; and 2. The person is complying in good faith with the terms of an existing consent order or department- approved corrective action plan, or responding in good faith to an enforcement action, as evidenced by a determination issued by the department or an approved local pollution control program. (c) Potential brownfield sites owned by the state or a local government which contain contamination for which a governmental entity is potentially responsible and which are already {0000546LDOC. l ) designated as federal brownfield pilot projects or have filed an application for designation to the United States Environmental Protection Agency are eligible for participation in a brownfield site rehabilitation agreement. (d) After July 1, 1997, petroleum and drycleaning contamination sites shall not receive both restoration funding assistance available for the discharge under this chapter and any state assistance available under s. 288.107. Nothing in this act shall affect the cleanup criteria, priority ranking, and other rights and obligations inherent in petroleum contamination and drycleaning contamination site rehabilitation under ss. 376.30 - 376.317, or the availability of economic incentives otherwise provided for by law. (2) LIABILITY PROTECTION. — (a) Any person, including his or her successors and assigns, who executes and implements to successful completion a brownfield site rehabilitation agreement, shall be relieved of further liability for remediation of the contaminated site or sites to the state and to third parties and of liability in contribution to any other party who has or may incur cleanup liability for the contaminated site or sites. (b) This section shall not be construed as a limitation on the right of a third party other than the state to pursue an action for damages to property or person; however, such an action may not compel site rehabilitation in excess of that required in the approved brownfield site rehabilitation agreement or otherwise required by the department or approved local pollution control program. (c) This section shall not affect the ability or authority to seek contribution from any person who may have liability with respect to the contaminated site and who did not receive cleanup liability protection under this act. (d) The liability protection provided under this section shall become effective upon execution of a brownfield site rehabilitation agreement and shall remain effective, provided the person responsible for brownfield site rehabilitation complies with the terms of the site rehabilitation agreement. Any statute of limitations that would bar the department from pursuing relief in accordance with its existing authority is tolled from the time the agreement is executed until site rehabilitation is completed or immunity is revoked pursuant to s. 376.80(8). (e) Completion of the performance of the remediation obligations at the brownfield site shall be evidenced by a site rehabilitation completion letter or a "no further action" letter issued by the department or the approved local pollution control program, which letter shall include the following statement: "Based upon the information provided by (property owner) concerning property located at (address), it is the opinion of (the Florida Department of Environmental Protection or approved local pollution control program) that (party) has successfully and satisfactorily implemented the approved brownfield site rehabilitation agreement schedule and, accordingly, no further action is required to assure that any land use identified in the brownfield site rehabilitation agreement is consistent with existing and proposed uses." (f) Compliance with s. 376.80(5)(i) must be evidenced as set forth in that paragraph. {0000546LnoC. I I (g) The Legislature recognizes its limitations in addressing cleanup liability under federal pollution control programs. In an effort to secure federal liability protection for persons willing to undertake remediation responsibility at a brownfield site, the department shall attempt to negotiate a memorandum of agreement or similar document with the United States Environmental Protection Agency, whereby the United States Environmental Protection Agency agrees to forego enforcement of federal corrective action authority at brownfield sites that have received a site rehabilitation completion or "no further action" determination from the department or the approved local pollution control program or that are in the process of implementing a brownfield site rehabilitation agreement in accordance with this act. (h) No unit of state or local government may be held liable for implementing corrective actions at a contaminated site within an eligible brownfield area as a result of the involuntary ownership of the site through bankruptcy, tax delinquency, abandonment, or other circumstances in which the state or local government involuntarily acquires title by virtue of its function as a sovereign, or as a result of ownership from donation, gift, or foreclosure unless the state or local government has otherwise caused or contributed to a release of a contaminant at the brownfield site. (i) The Legislature finds and declares that certain brownfield sites may be redeveloped for open space, or limited recreational, cultural, or historical preservation purposes, and that such facilities enhance the redeveloped environment, attract visitors, and provide wholesome activities for employees and residents of the area. Further, the Legislature finds that purchasers of contaminated sites who are nonprofit conservation organizations acting for the public interest and who did not cause or contribute to the release of contamination on the site warrant protection from liability. 0) Notwithstanding any provision of this chapter, chapter 403, other laws, or ordinances of local governments, a nonprofit, charitable, federal tax - exempt, s. 501(c)(3) national land conservation corporation which purchases title to property in the state for the purpose of conveying such land to any governmental entity for conservation, historical preservation or cultural resource, park, greenway, or other similar uses shall not be liable to the state, local government, or any third party for penalties or remediation costs in connection with environmental contamination found in the soil or groundwater of such property, provided that such corporation did not cause the original deposit or release of the environmental contaminants, and provided the department and local pollution control program and responsible parties have access to the land for investigation, remediation, or monitoring purposes. (k) A person whose property becomes contaminated due to geophysical or hydrologic reasons, including the migration of contaminants onto their property from the operation of facilities and activities on a nearby designated brownfield area, and whose property has never been occupied by a business that utilized or stored the contaminants or similar constituents is not subject to administrative or judicial action brought by or on behalf of another to compel the rehabilitation of or the payment of the costs for the rehabilitation of sites contaminated by materials that migrated onto the property from the designated brownfield area, if the person: 1. Does not own and has never held an ownership interest in, or shared in the profits of, activities in the designated brownfield area operated at the source location; (0000546I.DOC. l ) 2. Did not participate in the operation or management of the activities in the designated brownfield area operated at the source location; and 3. Did not cause, contribute to, or exacerbate the release or threat of release of any hazardous substance through any act or omission. (1) When a property, including a brownfield site, escheats to a county, the county is not subject to any liability imposed by this chapter or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. However, this paragraph does not affect the rights or liabilities of any past or future owners of the escheated property and does not affect the liability of any governmental entity for the results of its actions that create or exacerbate a pollution source. The county and the Department of Environmental Protection may enter into a written agreement for the performance, funding, and reimbursement of the investigative and remedial acts necessary for a property that escheats to the county. (3) REOPENERS. —Upon completion of site rehabilitation in compliance with ss. 376.77- 3 76.85, no additioiiai site reiiariiiiiat oil shalt be required unless it is demonstrated: (a) That fraud was committed in demonstrating site conditions or completion of site rehabilitation; (b) That new information confirms the existence of an area of previously unknown contamination which exceeds the site - specific rehabilitation levels established in accordance with s. 376.81, or which otherwise poses the threat of real and substantial harm to public health, safety, or the environment in violation of the terms of ss. 376.77- 376.85; (c) That the remediation efforts failed to achieve the site rehabilitation criteria established under s. 376.81; (d) That the level of risk is increased beyond the acceptable risk established under s. 376.81 due to substantial changes in exposure conditions, such as a change in land use from nonresidential to residential use, Any person who changes the land use of the brownfield site thus causing the level of risk to increase beyond the acceptable risk level may be required by the department to undertake additional remediation measures to assure that human health, public safety, and the environment are protected to levels consistent with s. 376.81; or (e) That a new release occurs at the brownfield site subsequent to a determination of eligibility for participation in the brownfield program established under s. 376.80. (4) ADDITIONAL LIABILITY PROTECTION FOR LENDERS. — (a) The Legislature declares that, in order to achieve the economic redevelopment and site rehabilitation of brownfield sites in accordance with this act, it is imperative to encourage financing of real property transactions involving brownfield site rehabilitation plans. Accordingly, lenders, including those serving as a trustee, personal representative, or in any other fiduciary capacity, in connection with a loan, are entitled to the liability protection 100005461.DOC. I 1 established in subsection (2) if they have not caused or contributed to a release of a contaminant at the brownfield site. (b) Lenders who hold indicia of ownership of a parcel within a brownfield area primarily to protect a security interest or who own a parcel within a brownfield area as a result of foreclosure or a deed in lieu of foreclosure of a security interest and who seek to sell, transfer, or otherwise divest the parcel via sale at the earliest practicable time are not liable for the release or discharge of a contaminant from the parcel; for the failure of the person responsible for brownfield site rehabilitation to comply with the brownfield site rehabilitation agreement; or for future site rehabilitation activities required pursuant to a reopener provision established in subsection (3) where the lender has not divested the borrower of, or otherwise engaged in, decisionmaking control of the site rehabilitation or site operations or undertaken management activities beyond those required to protect its financial interest while making a good faith effort to sell the site as soon as practicable and when an act or omission of the lender has not otherwise caused or contributed to a release of a contaminant at the brownfield site. (c) The economic incentives that were granted to a person responsible for site rehabilitation by state or local governments shall not accrue to a lender who obtains ownership of the brownfield site by one of the methods described in this subsection. The economic incentives are abated during the lender's ownership, but they may be transferred and reinstated upon the sale of the brownfield site. History. s. 6, ch. 97 -277; s. 5, ch. 98 -75; s. 182, ch. 99 -13; s. 13, ch. 2000 -317; s. 3, ch. 2004- 40; s. 71, ch. 2007 -5; s. 6, ch. 2008 -239. Copyright © 1995 -2013 The Florida Legislature • Privacy Statement • Contact U {00005467.DOC. ] 1 THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, Broxnfaelds, Cleanups & Compliance One Southeast Third Avenue, Suite 2120 Ivfiami, Florida 33131 Telephone: (305) 777 -1680 Facsimile: (305) 777 -1681 www.goldsteinenvlaw.com Michael R. Goldstein, Esq. Direct Dial: (305) 777 -1682 Email: mgoldstein @goldsteinenvlaw.com June 26, 2013 Via Email & U.S. Mail Mr. Steve Alexander, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Request for Designation for South Miami Plaza Preservation Apartments, 6701 SW 62nd Avenue, South Miami, FL 33143 (the "Subject Property"), as a Brownfield Area Putsuant to Chanter 376 A!tl21(F.l nodda Statutes, Dear Mr. Alexander: On behalf of South Miami Plaza Preservation, LLC ( "SMPP "), we are pleased to submit this request for designation of the Subject Property as a brownfield area pursuant to Chapter 376.80(2)(b), Florida Statutes. When completed, the Subject Property will consist of 97 redeveloped and rehabilitated studio and one - bedroom units. This important project, which will offer expanded and improved critical housing on an affordable basis to elderly and disabled residents, is situated in a neighborhood desperately in need of such rehabilitation and redevelopment as evidenced by the fact that it is located in an IRS Section 43(d)(5)(C) Qualified Census Tract reflecting significant levels of economic distress. SMPP is applying for a brownfield area designation due to the presence of a printing facility within 100 feet of the Subject Property with a history of non - compliance with applicable environmental regulations as well as documented contamination associated with on -site operations. This incident of past contamination in such close proximity to the Subject Property imposes a material level of regulatory, construction, health, and legal liability and complicates redevelopment efforts for SMPP, including by adding time, expense, and uncertainty to the project budget for technical and legal consultants to properly investigate the matter and provide appropriate recommendations and direction. Accordingly, the designation, if granted, will allow SMPP to access a relatively modest but still important state -based economic incentive to help underwrite the unanticipated and unbudgeted costs associated with managing the perceived environmental risk as well as, generally, to put the project to more certain financial ground. In this sense, the designation will not only play 100004922.DOCX. i 1 1. �: h� Mr. Steve Alexander, City Manager )unc'26) 2013 Page 2 a critical role in the successful. rehauilitation.`,in(] redevelopment of the Subject Property but also in the larger, revitalization effort for the community in which the Subject Property is located. In light of these facts and circumstances, we respectfully request that the Office of the City .Manager review the enclosed. Statement of Eligibility and. bring this application for a brown6eld area designation before the South Miami City Commission with a recommendation for approval. As you and your staff evaluate the materials we: submit today; please feel free to contact us with any questions or should you require additional information. '1'l mik you. Veit' truly yours, THE`GOLi7STEIN ENVIRONMENTAL LMV FIRM; P.A. Ivlicliael R4. Goldstein• Encl. cc: itir. Clristophia r Brimo, AICP;.Plannig Pirectgr South Ivliami,Plaza Pieservatiotz, T LC f00004922.DOCX. Z I Brownfield Area Designation Eligibility Statement South Miami Plaza Preservation, an elderly and disabled public housing redevelopment and rehabilitation project (the "Project") and the subject of this brownfield area designation request pursuant to Section 376.80(2)(b), Florida Statutes,' consists of an approximately 2.499 acre parcel located at 6701 S.W. 62"`` Avenue, South Miami, Miami -Dade County, Florida 33143 (the "Subject Property"). In order to qualify for designation as a brownfield area, South Miami Plaza Preservation, LLC (the "Applicant "), must demonstrate compliance with five statutory criteria and also show that the property for which the designation is sought meets the definition of a "brownfield site" under Section 376.79(3), Florida Statutes. We discuss each of the criteria in the following paragraphs and, where appropriate, reference and /or enclose supporting documentation. I. Applicant Complies with All Designation Criteria in § 376.80(2)(b), Florida Statutes 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes § 376.80(2)(b)(1) provides that "[a] person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site." The Applicant satioes this first criterion in that it (i) controls the Subject Property by virtue of a Ground Lease with the property owner, Miami -Dade County, dated December 5, 2011; (ii) is hereby regnesling that the Subject Property be designated as a brownfield area; and (iii) agrees to redevelop and rehabilitate the Subject Property. A copy of The Ground .Lease can be found as Attachment B to this Eligibility Statement. Documentation evidencing landlord' ownersho of the Subject Property can be found at Attachment C. 2. Economic Productivity. As the second requirement for designation, Florida Statutes § 376.80(2)(b)(2) provides that "[t]he rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full-time equivalent positions not associated with the implementation of the rehabilitation agreement or an agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks." The Applicant's capital budget for this project, approximately $7.218 million, itself satisfies this criterion. However, as demonstrated by the National Association of Home Builders (`NAHB'), in its landmark study issued in March 2010, The Local Economic Impact of Typlca! Housine Tax Credit Developments (hereinafter the `NAHB Report'), the anticipated direct and indirect financial ripple ects of the Project air also expected to nsult in major economic productivity of the area.2 More specfically, the NAHB Report A complete copy of Section 376.80(2)(6), Florida Statutes, can be found as 'Attachment A to this Eligibility Statement. 2),vw-w.n,,ihi).org/FilcUplo,,id details.aslm ?con ten f4peIID= 3 &con tent] D= 35601 &subC:ontent1D = 265044 {00004971.DOC. 1 } concluded that in its first year alone a 100 unit affordable housing community for seniors will generate $7.3 million in local income and 113 local full time equivalent jobs After the first year of completion, that same 100 units of eldery tax credits development will go on to produce $2.3 million in local income and other revenue for local governments, and 32 full time equivalent local jobs on an annual, recurring basis Moreover, based on its prior experience wily projects of a similar magnitude, the Applicant estimates that when fully developed the Project will have supported appmximalely 25 temporary jobs for construction. Additionally, local small businesses will also benefit annually, will) carpet companies, landscapers, washerl dryer companies, painters and other vendors hired to maintain the Subject Properly.' To that end, the Applicant estimates that approximately $506,000 will be spent in annual operating costs for the Project and Subject Propery, a portion of which 4411 be reinvested in the community.{ 3. Consistency with Local Comprehensive Plan and Permittable Use under Local Land Development Regulations. As the third requirement for designation, Florida Statutes § 376.80(2)(b)(3) provides that "[t]he redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a pernruttable use under the applicable local land development regulations." The Applicant satisfies this third criterion in that the Project's intended use is, in fact, consistent with the Iota! comprehensive plan and a permutable use under the applicable local land development re gulations. See Attachment F. 4. Public Notice and Comment. Florida Statutes § 376.80(2)(§)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subsection must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area." The Applicant satires this fourth criterion in that it contracted to post the requisite notice at the Subject Property and publish the requisite statutory notice in the Miami Herald. Notice by posting will occur the week of July 1, 2013, and by publication on July S, 2013. In addition, the Applicant will hold a community meeting on July 9, 2013, at the Subject Property itself for the purpose of pmviding those receiving notice additional opportunity for comments and suggestions about rehabilitation. For a copy of the notice to be posted and published as requited by statute, please see Attachment G. The Applicant will submit evidence of aclual posting and publication to the Ciy once both forms of notice have been completed. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes § 376.80(2)(6)(5) provides that "[t]he person proposing the area for 3 For detailed tables showing the direct and indirect financial impact of construction activity, the corresponding "financial ripple effect" from such direct and indirect financial impact, and then the ongoing, annual financial impact that occurs once a project is completed, please see Attachment D, which has been excerpted from pp. 9 — 13 of the NAFFB Report. I The job creation requirement otherwise associated with this criterion does not apply given that the Subject Property will be rehabilitated and redeveloped to provide affordable housing as defined in s. 420.0004. See Miami -Dade County Rental Regulatory Agreement, recorded in the Miami -Dade County public records on February 13, 2013 enclosed as Attachment E. 100004971. DOC. 1 1 designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment plan." The Applicant satisfies this fifib criterion in Aal it has secured all of the construction and permanent financing necessary to fund the project as reflected in the following matrix: Construction Financing Funding Source Amount Sale of Lore Income Housing Tax Credit Equio to Bank o America $2,759,315.00 Tax Exempt Bondr Construction Loan f rom Bank o America $8,831,268.00 Loan rom Miami -Dade County Surtax Loan $1,887,452.00 Total $13,478.035.00 Permanent Financing Funding Source Amount Low Income HousinX Tax Credit Equi_0 $11,037,259.00 Loan rom Miami -Dade Coun Surtax Loan $1,887,452.00 Total $12,924,711.00 In addition, the Applicant and its affiliates have over a 30 year track record of sucressfuly financinb building, redeveloping, and rehabilitating projects like the one that is the subject of this designation request, including aver 10,000 units of a�ordable housing in Florida. II. Project Meets Definition of `Brownfield Site" in S 376.79(3), Florida Statutes Although the five enumerated designation criteria do not expressly reference contamination as a specific element that an applicant must demonstrate in order to be eligible for a designation, such a requirement may be inferred by the multiple references to the terms "brownfield site" and "brownfield area" throughout Section 376.80(2)(b), Florida Statutes. The term "brownfield site," for example, is referenced in three of the five criteria in Chapter 376.80(2)(b), Florida Statutes, and the term "brownfield area" in two of the five. Section 376.79(3), Florida Statutes, defines "brownfield site" to mean "... real property, the expansion, redevelopment, or reuse of which may complicated by actual or perceived environmental contamination." The term "brownfield area" incorporates the term brownfield site" but then adds a procedural element to it, stating that such an area consists of one or more sites that have already been through the designation process successfully.s Accordingly, die key aspect of this final level of analysis is whether the property that is the focus of the designation request falls within the definition of a "brownfield site." That is, can it fairly be said that the property in question is subject to either actual or perceived contamination and that such actual or perceived contamination is complicating or may complicate expansion, redevelopment, or reuse? In this instance, the answer is clearly yes. The facts here evidence that the Subject Property falls with the definition of the term "brownfield site" as set forth in Section 376.79(3), Florida Statutes, because a review of S Section 376.79(4), Florida Statutes, states that "`brownfield area' means a contiguous area of one or more brownfield sites, some of which may not be. contaminated, and which has been designated by a local government by resolution." (00004971.DOC. 1 ) applicable environmental regulatory agency databases documents the presence in in very close proximity to the Subject Property of a regulated facility with both actual contamination and perceived contamination. Such actual and perceived contamination has operated and will continue to operate to significantly complicate development for the Applicant from a construction, regulatory, and legal perspective. The essence of the complication is that the Applicant has had to undertake an additional and more expensive and time- consuming level of due diligence during Project planning to accomplish the following: • properly evaluate current and future contamination impacts from the off -site facility on construction design, schedule, and budget concerns associated with the Subject Property; • properly evaluate whether any on -site construction activity might impact on off -site contamination in a manner that could create environmental liability for the Applicant; • properly evaluate whether any contamination at any adjacent properties, either past, current, or to- be- discovered, could create a risk of on -site migration in groundwater or chemical vapors to the Subject Property and thereby expose the Applicant to regulatory liability or third party lawsuits for future residents; and • properly evaluate whether any of the actual contamination at any of the adjacent properties, either known or to- be- discovered, could require future development or operational modifications to the Project or the Subject Property, thus imposing unbudgeted costs, use restrictions, and /or costs on the Applicant. III. Conclusion The Applicant has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at Section 376.80(2)(b), Florida Statutes, including the threshold requirement at Section 376.79(3), Florida Statutes, incorporated by reference at Section 376.80(2)(b), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." 6 In particular, Community Newspaper /Newspaper Publishing of South Florida, located a mere 100 feet to the west of the subject property, has operated a printing press for publishing newspapers and newsletters since at least the 1980s. The facility is permitted as a generator of hazardous waste and has a history of storing and generating solvent - related waste associated with used chemicals from the photo developing process. On June 12, 1989, a Notice of Violation was issued by the Miami -Dade County Department of Environmental Resources Management to the facility due to the discovery of discharges of wastewater from the film processor and silver recovery unit to the on -site septic system in violation of the site's industrial waste permit conditions. Wastewater samples were collected from discharge hoses that led to the septic system. The results of such sampling indicated elevated Ievels of phenols and silver. Accordingly, formal site assessment was recommended in the areas of the septic tank and associated drainfield. It is currently unknown if the contamination in question was ever fully remediated. 100004971.DOC. 1 1 Exhibit A (00001271.DOCX. 1) 376.80 - - 2012 Florida Statutes - The Florida Senate The Florida Senate Page 1 of 5 z1 TITLE XXVIII CHAPTER 376 NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE PREVENTION VIEW ENTIRE CHAPTER RECLAMATION, AND USE ANA REMOVAL 376.80 Brownfield program administration process. — (1) A local government with jurisdiction over the brownfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77 - 376.86. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less - detailed map accompanied by a detailed legal description of the brownfield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s.1 25.66, except that the notice for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b)2. (2)(a) If a local government proposes to designate a Brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. In determining the areas to be designated, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. (b) A local government shall designate a brownfield area under the provisions of this act provided that: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site, 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the Brownfield site that are full -time equivalent positions not associated with the implementation of the Brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. �L2U.QQ t or the creation of recreational areas, conservation areas, or parks; http: / /www.flsenate.gov /laws /statutes /2012/376.80 4/17/2013 376.80 - - 2012 Florida Statutes - The Florida Senate Page 2 of 5 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations; 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area; and 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. (c) The designation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfield site rehabilitation agreement with the department or approved local pollution control program. (3) When there is a person responsible for brownfield site rehabilitation, the local government must notify the department of the identity of that person. If the agency or person who will be responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected local government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and offierS deemed appropri --c. The person re5po -Sible for ti'r0 —f eld site rihub :l',tativa; must notify 4 "e ad v aso±y committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shall review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person 'responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those http: / /www.flsenate.gov /laws /statutes /2012/376.80 4/17/2013 376.80 - - 2012 Florida Statutes - The Florida Senate Page 3 of 5 governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk -based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77 - 376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost - effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for Brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the Brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the Brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield http: / /www.flsenate.gov /laws /statutes /2012/376.80 4/17/2013 376.80 - - 2012 Florida Statutes - The Florida Senate Page 4 of 5 site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90 -day grace period shall not apply. If the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. (9) The department is specifically authorized and encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions, thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area, When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shall consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated brownfield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shall be specified in the delegation. The local pollution control program shall not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant tv' i ois subseiioi� sh aii LVnWiie siiui teriiis 411d coiidiiivns necessary to ensure the effective and efficient administration and enforcement of the statutory requirements of the brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run- down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better measured in order to achieve the legislative intent as expressed in s. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other healthcare or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. http: / /www,flsenate.gov /laws /statutes /2012/376.80 4/17/2013 376.80 - - 2012 Florida Statutes - The Florida Senate Page 5 of 5 (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. History. —s. 4, ch. 97 -277, s. 3, ch. 98 -75; s. 11, ch. 2000 -317; s. 2, ch. 2004 -40; s. 44, ch. 2005 -2; s. 7, ch. 2006 -291; s. 5, ch. 2008 -239. Disclaimer. The Information on this system Is unverified. The Journals or printed bills of the respective chambers should be consulted for official purposes, Copyright ® 2000.2013 State of Florida. http: / /www.flsenate.gov /laws /statutes /2012/376.80 4/17/2013 $Aq i {00001271,DOCX. 1 } GROUND LEASE Dated as of a . S -0- between MIAMI -DADE COUNTY Landlord. and Tenant 1 GROUND LEASE THIS GROUND LEASE ( 'Lease "), made as of ' r DO.a ! t 1 (the Commencement Date) by and between the MIAMI-DADE COUNTY, a olitical'subdivislon of the State of Florida and a °public housing agency' as defined in the United States Housing Act of 1837 (42 U,S.C. §1437 et seq., as amended) (Landlord), and RUDE, LLC, a Florida limited partnership (Tenant). WITNESSETH: WHEREAS, Landlord is the owner of the land (as defined below) consisting of certain real property, located in Miami -Dade Coun Florida, on which a portion of the public housing developments known as ffim WHEREAS, Tenant intends to apply for Low Income Housing Tax Credits (LIHTC) through the State of Florida Housing Finance Corporation's ( "HFC") 2011 Universial Cycle Program, and -is required to meet certain requirements as a condition of being awarded such financing; and WHEREAS, such application requires Tenant to present evidence of site control over the Property at the time of the application; and WHEREAS, evidence of site control over the Property includes a ground lease; and WHEREAS, Landlord and Tenant are willing to enter Into this L•easb of the Land conditioned on HFC awarding Tenant Preservation Housing Tax dredits, NOW, THEREFORE, In consideration of the premises and the mutual obligations of the parties set forth herein, Optionor and Optionee do hereby covenant and agree as follows: ARTICLE I DEFINITIONS 1.1 Definitions. The following terms shall have the following definitions in this Lease: (a) ACC means the Consolidated Annual Contribution Contract between HUD and Landlord dated December 12, 1965, as amended in relation to the Premises by the ACC Amendment. (b) ACC Amendment means the Mixed - Finance Amendment- to .Consolidated Annual Contributions Contract, dated on or about the date hereof, by Landlord and HUD, and Incorporating the Public Housing Units, as the same may be further*amended from time to time. 2 ; (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, et seq.), as amended from time to time, any successor legislation, and' all implementing regulations Issued thereunder or in furtherance thereof. (d) Applicable Public Housing Requirements means the Act, HUD regulations thereunder -(and, to the extent applicable, any HUD - approved waivers of regulatory requirements), and all other Federal statutory, executive order, and regulatory requirements applicable to public housing, as such requirements now exist or as they may be amended from time to time; the ACC, and the ACC Amendment, as applicable to the Public Housing Units during the term thereof or the period required by law. (e) Bankruptcy Laws has the meaning set forth in Section 8.1(d). (f) Base Rent means the annual rental payment due from Tenant to Landlord, In the- amount of $1.00 per year, as described in Section 3.1. (g) Commencement Date means the date set forth In the first line of this Lease. ;(h) Declaration of Restrictive Covenants means that certain Declaration of Restrictive Covenants in favor of HUD recorded against the Land prior to any leasehold mortgage and this leasehold which obligates Tenant and any successor In title to the Premises, including a successor in title by foreclosure or deed -ln -lieu of foreclosure (or the leasehold equivalent), to maintain and operate the Premises in compliance with Applicable Public Housing Requirements for the period stated therein. (1) Development means - the construction, maintenance and operation of the Premises in accordance with this Lease. 0) Environmental Assessments means the environmental studies, reports and material correspondence described in Exhibit D. (k) Environmental Laws means any present and future Federal, State or local law, ordinance, rule, regulation, permit, license or binding determination of any governmental authority relating to, Imposing liability or standards concerning or otherwise addressing the protection of land, water, air or the environment, including, but not limited to: the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9601 Et M. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et sue. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et s, arc . (TOSCA); the Clean Air Act, 42 U.S.C. §7401 ej seq.; the Clean Water Act, 33 "U.S.C. §1251 et Mg. and any so- called "Superfundu or "Superlien" law; as each is from time to time amended and hereafter in effect. ` (1) Event of Default has the meaning set forth In Section 8.1. (m) Governing Documents means the Declaration of Restrictive Covenants, the ACC, ACC Amendment and the Regulatory and Operating Agreement in the event of a conflict between the Regulatory and Operating .Agreement and the ACC, ACC Amendment and .Declaration of Restrictive Covenants, the ACC and the Declaration of Restrictive Covenants shall.govern. (n) Hazardous Substances means (i) "hazardous substances° as defined by CERCLA or Section 311 of the Clean Water Act (33 USC § 1321), or listed pursuant to Section 307 of the Clean Water Act (33 USC § 1317); (11) "hazardous wastes,' as defined by RCRA; (iil) any hazardous, dangerous or toxic chemical, waste, polit,itant, material, element, contaminant or substance ('pollutant) within the meaning of any Environmental Law prohibiting, limited or otherwise regulating the, use, exposure, release, emission, discharge, generation, manufacture, sale, transport, handling, storage, treatment, reuse, presence, disposal or recycling of such pollutant; (iv) petroleum crude• oil or fraction thereof; (v) any radioactive material, Including any source, special nuclear or by- product material as defined in 42 U.S.C. §2011 et seq. and amendments thereto and reauthoriiations thereof; (vi) asbestos - containing materials in any form or condition; • (vii) polychlorinated biphenyls or polychlorinated biphenyl- containing materials in any form or condition; (vili) a "regulated substance' within the meaning of Subtitle I of RCRA, as amended from time to time and regulations promulgated thereunder, (ix) substances the presence of which requires notification, investigation or remedistion under any Environmental Laws; (x) urea formaldehyde foam insulation or urea formaldehyde foam insulation- containing materials; (xi) lead -based paint or lead -based paint- containing materials; and (xii) radon or radon - containing or producing materials. (o) HUD means the United States Department of Housing and Urban Development. (p) improvements means all repairs, betterments, buildings and improvements hereafter constructed or rehabilitated on the Land, including without limitation the rehabilitation of the existing units, and any additional parking areas, walkways, landscaping, fencing or other amenities on the Land. W l and mnnns that nnrtnin real nrnnPrty Innnteri in an uninrnrnnrafprl nnrtinn of Minml- »...__.... - _.. -... r._r_.v _-'_ - _.. _. I- raw 1�._.�.. _. - Dade County, legally described in Exhibit A, together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burden the real property. (r) Landlord means Miami -Dade County, a political subdivision of the State of Florida and a "public housing agency" as defined in the Act. (s) Lease means this ground lease as the same shall be amended from time to time. (t) A Lease Year means, In the case -of -the first lease year, the period from the Commencement Date through the last day of the 12'' month of that year; thereafter, each successive twelve- calendar month period following the.expiration of the first tease year of the Term; except that in the event of the termination of this Lease on any day other than the last day of a Lease Year then the last Lease Year of the Term shall be the period from the end of the preceding Lease Year to such date of termination. (u) Partial Taking has the meaning set forth In Section 6.2(d). (v) Partnership Agreement means the Amended and Restated Limited Partnership Agreement of Tenant dated on or about the date hereof. ` (w) Personal Property means all fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), fittings, appliances, , apparatus, equipment, machinery, chattels, building materials, and other property of every kind and nature whatsoever, and replacements and proceeds thereof, and additions thereto, 4 i now or at any time hereafter owned by Tenant, or in which Tenant has or shall have an Interest, now or at any time hereafter affixed to, attached to, appurtenant to, located or placed upon, or used In any way in connection with the present and future complete and comfortable use, enjoyment or occupancy for operation and maintenance of the Premises, excepting any personal property or fixtures owned by any tenant (other than the Tenant) occupying the Premises and used by such tenant in the conduct of its business in the space occupied by it to the extent the same does not become the property of Tenant under the lease with such tenant or pursuant to applicable law. (x) Plans and Specifications means the plans and specifications referenced in. the Landlord Loan Documents, as they may be amended. In accordance with the terms of such documents. (y) Premises means the Land, the Improvements and the Personal Property. (z) Public Housing Units means not more MffMM on the Premises regulated as public housing units In accordance with the Regulatory and Operating Agreement. (aa) Regulatory Default has the meaning set forth In Section 8.7(a). (bb) Rent means Base Rent plus Additional Rent. (cc) Sales Notice has the meaning set forth In Section 11.1 . (dd) Sales Offer has the meaning set forth in Section 11.2. (ee) Taking means mean any taking of the title to,. access to, or use of the Premises or any portion thereof by any governmental authority or any conveyance under the threat thereof, for any public, or quasi - public use or purpose. A Taking may be total or partial, permanent or temporary. (fn Tenant means17pgffi, a Florida limited partnership. (gg) Term means fifty (50) calendar years from the date of the closing of the applicable Universal Cycle conducted by the HFC in which Tenant receives the LIHTC. (hh) Total Taking has the meaning set forth in Section 8.2(c). 1.2. Interpretation. The words `hereof," "herein," "hereunder," and other words of similar import refer,to this Agreement as a whole and not to any particular Section, subsection or subdivision. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words Importing the singular number shall include the plural and vice versa unless the context shall otherwise Indicate. 1.3. Exhibits. Exhibits to this Lease are incorporated by this reference and are to be construed as a part of this'Lease. ARTICLE R PREMISES AND TERM Landlord leases and demises to Tenant and its successors and assigns, subject to and with the benefit of the terms, covenants, conditions and provisions of this Lease, the . Land for the Term unless sooner terminated in accordance with the provisions contained In this Lease. 3.1 ARTICLE III RENT shall be made payable to tiie Board of County Commissioners, clb Public Housing and Community Development, 701 N.W. V Court, 16"' Floor, Miami, Florida 33136, or at such other place and to such other person as Landlord may from time to time designate in writing, as set -forth herein. Prior to the Commencement Date, Tenant is not obligated to pay rent or any other sums to the Landlord under this Lease. 3.2 Surrender. Upon the explra#Ion of this Lease by the passage of time or otherwise; Tenant' will quietly yield, surrender and deliver up possession of the. Premises to Landlord. In the event Tenant fails to vacate the Premises and remove such personal property.as Tenant is allowed to remove from the Premises at the end of the Term, or at the earlier termination of this Lease, Landlord shall be deemed Tenant's agent to remove such items from the Premises at Tenant's sole cost and expense. Furthermore, should Tenant fail to vacate the Premises in accordance with the terms of this Lease at the end of the Term, or at the earlier termination of this Lease, the Tenant shall pay to Landlord a charge.for each day of occupancy after expiration or termination of the Lease in an.arriount equal to 150% of Tenant's Rent prorated on a daily basis. Such charge shall be in addition to any actual damages suffered by Landlord by Tenant's failure to vacate the Premises, for which Tenant shall be fully liable, it being understood and agreed, however, that Tenant shall under no circumstances be liable to Landlord for any incidental, indirect, punitive or consequential damages (including, but not limited to, loss of revenue or anticipated profits).Base Rent. 3.3 Utilities. Tenant shall pay or cause to be paid all charges for water, gas, sewer, electricity, light, heat, other energy sources or power, telephone or other service used, rendered or supplied to Tenant in connection with the Premises. 6 3.4 Other. Tenant covenants to pay and discharge, when the. same shall become due all other amounts, liabilities, and obligations which Tenant assumes or agrees to pay or discharge pursuant to this Lease, together with every fine, penalty, interest and cost which may be added for nonpayment or late payment thereof (provided that Tenant shall not be liable for any payment or portion thereof which Landlord is obligated to pay and which payment Landlord has failed to make when due); and, in the event of any failure by Tenant to pay or discharge the foregoing, Landlord shall have ail the rights, powers and remedies provided herein, by law or otherwise In the case of nonpayment of Rent. ARTICLE IV INDEMNITY LIENS AND INSURANCE Indemnification. 4.1 Indemnity for Tenant's Acts. Tenant shall indemnify and hold harmless the Landlord and Its officers, employees, agents and instrumentalities from any and all liability, losses or .damages, including attorneys' fees and costs of defense, which the Landlord or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this tease by the Tenant or its employees, agents, servants, partners principals or subcontractors. Tenant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Landlord, where applicable, including appellate proceedings, and shall pay all costs, judgments, and ettomeys' fees which may issue thereon, provided, however, nothing herein contained shall obligate or hold Tenant responsible for any claims or actions stemming from Landlord's and/or its officers', employees' or agents'- sole misconduct or sole negligence. Tenant expressly understands , and agrees that any insurance protection required by this Lease ' or otherwise provided by Tenant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Landlord or its officers, employees, agents and instrumentalities as herein provided. 4.2 Landlord's Environmental Responsiblii!y and Representations. (a) Except to the extent that an environmental condition Is aggravated or exacerbated by the negligent or willful acts or omissions of Tenant, its agents or contractors, Tenant shall not be responsible under this Lease for any claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement action of any kind, and all costs and expenses incurred in connection therewith arising out of: (i) the presence of any Hazardous Substances in, on, over, or upon the Premises first affecting the Premises as of or prior to the Commencement Date, whether now known or unknown; or (if) the failure of Landlord or Its agents or contractors prior to the Commencement Date to comply with any Environmental Laws relating to the handling, treatment, presence, removal, storage, decontamination, , cleanup, transportation or disposal of Hazardous Substances into, on, under or from the Premises at any time, whether or not such failure to comply was known or knowable, discovered or discoverable prior to the Commencement Date. (b) Landlord represents and warrants to Tenant that as of the date hereof: (c) except as may be referenced In the Environmental Assessments, and to the' best of Landlord's actual knowledge, neither the Land nor any part thereof has been used for the disposal of refuse or waste, or for the generation, processing, storage, handling, treatment, transportation or .disposal of any Hazardous Substances; (d) except as may be referenced in the Environmental Assessments, and to the best of Landlord's actual knowledge, no Hazardous Substances have been Installed, used, stored, handled or located on or beneath the Land, which Hazardous Substances, if found on or beneath the Land, or Improperly disposed of off of the Land, would subject the owner or occupant of the Premises to damages, penalties, ilabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or Installation In or in connection with the Premises (f~nvi'ronmental Cleanup Work) in order to comply with any Environmental Laws; (e) except as may be referenced in the Environmental Assessments, no notice from any governmental authority or any person has ever been served upon Landlord, its agents or employees, claiming *any violation of any Environmental Law or any liability thereunder, or requiring or calling any attention to the need for any Environmental Cleanup Work on or in connection with the Premises, and neither t anudio_J 'itw is loyees liar been !_L...r.._J C any uir'satened r..anuwru, ua 8y$ino �rvrirpwyw� recta aver untyrr nnurnrnu cir any undatdnduvr proposed serving of any such notice of violation or corrective work order; and (f) except as may be referenced in the Environmental Assessments, and to the best of Landlord's knowledge, no part of the Land is affected by any Hazardous Substances contamination, which for purposes hereof, shall mean: (1) the contamination of any improvements, facilities, soil, subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (11) the contamination of the buildings, facilities, soil, subsurface strata, ground water, ambient air, -biota or other elements on, or of, any other property as a result of Hazardous Substances emanating from the Land. 4.3. Liens. (a) Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant it being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right, authority or power to bind Landlord, the Premises or any other interest of the Landlord in the Premises and will pay or cause to be paid all costs and charges for work done by it or caused to be done by it, in or to the Premises, for any claim for labor or material or for any other charge or expense, Ilen or security interest incurred in connection with the development, construction or operation of the Improvements or any change, alteration or addition thereto. IN THE EVENT THAT ANY MECHANIC'S LiEN SHALL BE FILED, TENANT SHALL PROCURE THE RELEASE OR DISCHARGE THEREOF WITHIN NINETY (90) DAYS EITHER BY PAYMENT OR IN' SUCH OTHER MANNER AS MAY BE PRESCRIBED BY LAW. NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO THE TENANT OR TO ANYONE HOLDING ANY OF THE PREMISES THROUGH OR UNDER THE TENANT, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF THE LANDLORD IN AND TO ANY OF THE PREMISES, THE LANDLORD SHALL BE PERMITTED TO'POST ANY NOTICES ON THE PREMISES REGARDING SUCH NON - LIABILITY OF THE LANDLORD. (b) Tenant shall make, or cause to be madei prompt payment of all monies due and legally owing to all persons, firms, and corporations doing any work, fumishing any materials or supplies or renting any equipment to Tenant or any of its contractors or subcontractors in connection with the construction, reconstruction, furnishing, repair, maintenance or operation of the Premises, and In all events will bond or cause to be bonded, with surety companies reasonably satisfactory to Landlord, or pay or cause to be paid In full forthwith, any mechanlc's, materialmen's or other lien or encumbrance that arises, whether due to the actions of Tenant or any person other than Landlord, against the Premises. (c) Tenant shall have the right to contest any such lien or encumbrance by appropriate proceedings which shall prevent the collection of or other realization upon such lien or encumbrance so contested., and the sale, forfeiture or loss of the Premises to satisfy the same; provided that such contest shall not subject Landlord to the risk of any criminal liability or civil penalty, and provided further that Tenant shall give reasonable security to Insure payment of such lien or encumbrance and to prevent any sale or forfeiture of the Premises by reason of such nonpayment, and Tenant hereby Indemnifies Landlord for any such liability or penalty. Upon the termination after final appeal of any proceeding relating to any amount contested by Tenant pursuant to this Section 4.3, Tenant shall' immediately pay any amount determiried in. such proceeding to be due, and in the event Tenant falls to make such payment, Landlord shall have the right after five (5) business days' notice to Tenant to make any such payment on behalf of Tenant and charge Tenant therefor. (d) Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, expressed or implied, to or for the performance of any labor or services or the furnishing of any materials for construction, alteration, addition, repair or demolition of or to the Premises or of any part thereof. 4A Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Tenn, Tenant shall at all times obtain and maintain, or cause to be maintained, insurance for Tenant and the Premises as described In Exhibit C. ' Landlord acknowledges receipt of certlficates • of insurance satisfying such requirements as of the Commencement Date. 17 ARTICLE V USE OF PREMISES, RUNNING WITH THE LAND 5.1 Use: Covenants. (a): Tenant covenants, promises and agrees that during the Term of this Lease it shall not devote the Premises or any part thereof to uses other than those consistent with the requirements of the Governing Documents and all, other applicable documents to be executed between Landlord and Tenant. Without limiting the generality of the foregoing sentence, or the duration of the use restrictions applicable during the Term, Tenant covenants, promises and agrees that (i) Except as otherwise provided in the Act, the Premises shall be operated under the terms and conditions applicable to public housing, as set forth in the Applicable Public Housing Requirements, during the 50 -year period that beonins on the date the ditto on which thA Premises becomes available for occupancy, as required by Section 8(d)(3)(A) of the Act (or any successor provision); (il) Except as otherwise provided In the Act, the Premises shall be maintained and operated under the terms and conditions• applicable to public housing, as set forth In the Applicable Public Housing Requirements, during the 20 -year period that begins on the latest date on which modemizatlon with public housing capital funds is completed, as required by Section 9(d)(3)(B) of the Act (or any successor provision); (III) Except as otherwise provided In the Act, no portion of the Premises may be disposed of before the expiration of the 10 -year period beginning upon the conclusion of the fiscal year for which such amounts were provided, as required by Section 9(e)(3) of the Act (or any successor provision); (iv) Neither the Premises, nor any part thereof, may be demolished other than in accordance with the Applicable Public Housing Requirements. (b) The provisions of the Applicable Public Housing -Requirements and this Section 5.1 are intended to create a covenant running with the land and, subject to the terms and benefits of the Public Housing Requirements, to encumber and benefit the Premises and to bind for the Term landlord and Tenant and each of their successors and assigns and all subsequent owners of the Premises, including, without limitation, any entity which succeeds to Tenant's Interest in the Premises by foreclosure of any Permitted Leasehold Mortgage or Instrument in lieu of foreclosure. (c) In the event of a conflict between thpe Public Housing Requirements and this Lease, the Public Housing Requirements shall govern. 5,2 Residential improvements. 10 (a) Tenant shall construct the improvements on the Land in confonnance with the Plans and Specifications. Tenant shall cause the Improvements to be substantially completed and placed in service in accordance with Governing Documents and all other applicable documents to be executed between Landlord and Tenant Governing Documents and all other applicable documents to be executed between Landlord and Tenant. Tenant shall construct the Improvements and make such other repairs, renovations and betterments to the improvements as it may desire (provided that such renovations and. betterments do not affect the number of units or bedroom count at the Premises) all at its sole cost and expense, in accordance with the Governing Documents and the Permitted Leasehold Mortgage Documents, in a good and workmanlike manner, with new materials and equipment whose quality is at least equal to that of the Initial Improvements, and in conformity with all applicable federal, state, and local laws, ordinances and regulations. Tenant shall apply for, prosecute, with reasonable diligence, procure or cause to be procured, all necessary approvals, permits, licenses or other authorizations required by applicable governmental authorities having jurisdiction over the Improvements for the construction and /or rehabilitation, development, zoning, use and occupation of the Improvements, including, without limitation, the laying out, installation, maintenance . and replacing of the heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems, fixtures, wires, pipes, conduits, equipment and appliances and water, gas, electric, telephone, drain and other utilities that are customary in developments of this type for use in supplying any such service to and upon the Premises. Landlord -shall, without expense to Landlord absent consent therefor, cooperate with Tenant and assist Tenant in obtaining all required licenses, permits, authorizations and the like, and shall sign ail papers and documents at any time needed In connection therewith, including without limitation, such Instruments as ..,may be required for the laying out, maintaining, repairing, replacing and using of such services or utilities. Any and all buildings, fixtures, improvements, trade fixtures and equipment placed in, on, or upon the Premises shall remain the sole and exclusive property of Tenant and Its subtenants, notwithstanding their affixation to, annexation to, or incorporation into the Premises, until the termination of this Lease, at which time title to any such buildings, fixtures, Improvements trade fixtures and equipment that belong to Tenant shall vest In Landlord. (b) Tenant shall take no action to effectuate any material amendments, modifications or any other alterations to the Plans and Specifications unless authorized in accordance with Governing Documents and• ail other applicable documents to be executed between Landlord and Tenant or otherwise approved by Landlord in writing and in advance. Landlord's execution of this Lease constitutes a certification to HUD under 24 CFR § 941.402 that prior to making any such amendments, modifications or alterations of the Plans and Specifications such amendments, modifications or alterations shall be in accordance with its design and construction standards under. 24 CFR § 941.203. 5.3 Tenant's Obligations. (a) Tenant shall, at its sole cost and expense, maintain the Premises, .reasonable wear and tear excepted, and make repairs, restorations, and replacements to the Improvements, Including without limitation the landscaping, irrigation, heating, ventilating, air conditioning, mechanical, electrical, elevator, and plumbing systems; structural roof, walls, floors and foundations; and the fixtures and appurtenances as 11 and when needed to preserve them in good working order and condition, and regardless of whether the repairs, restorations, and replacements are ordinary or extraordinary, foreseeable or unforeseeable, capital or non - capital, or the fault or not the fault of Tenant, its agents, employees, invitees, visitors, and contractors. All such repairs, restorations, and replacements will be in quality and class, as elected by Tenant, either equal to or better than the original work or installations and shall be in accordance with all applicable building codes and Applicable Public Housing Requirements. (b) Except as may otherwise be approved or deemed approved in accordance with Governing Documents and all other applicable documents to be executed between Landlord and Tenant. Tenant shall nbt make any alteration, improvement, or addition to the Premises having a cost greater than $50,000, or demolish any portion thereof, without first presenting to Landlord complete plans and specifications therefor and obtaining Landlord's and, if required by Applicable Public Housing Requirements at that time, HUD's written consent thereto, which consent shall not unreasonably be withheld so long as, in Landlord's reasonable judgment and HUD's reasonable iudgment (if HUD's consent is required by Applicable Public Mousing Requirements) such alteration, improvement, addition or demolition will not violate Applicable Public Housing Requirements or this Lease or impair the value of the Property. HUD's right-under the preceding sentence shall be extinguished upon the release of the Declaration of Restrictive Covenants in favor of HUD encumbering the Premises. 5.4 Compliance with Law. (a) Tenant shali, at its expense, perform aii its activities on the Premises in compliance, and shall cause all occupants of `any portion thereof to comply, with all applicable laws, ordinances, codes and regulations affecting the Premises or Its uses, as the same may be administered by authorized governmental officials. (b) Without limitation of the foregoing, but expressly subject to the provisions of Section 5.4, Tenant agrees to fulfill the responsibilities set forth below with respect to environmental matters: (c) Tenant shall operate the Premises in compliance with all Environmental Laws applicable to Tenant relative to the Premises_ and shall identify, secure and maintain all required governmental permits and licenses as may be necessary for the Premises. All required governmental permits and licenses issued to Tenant and associated with the Premises shall remain in effect or shall be renewed in a timely manner, and Tenant shall comply therewith and cause all third parties to comply therewith. All Hazardous Substances present, handled, generated or used on the Premises will be managed, transported and disposed of in a lawful manner. Tenant shall not knowingly permit the Premises or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Substances, except in such amounts as are ordinarily used, stored or generated in similar projects, or otherwise knowingly permit the presence of Hazardous Substances in,'on or under the Premises in violation of any applicable law. 12 (d) Tenant shall .promptly provide Landlord with copies of all forms, notices and other Information concerning any releases, spills or other incidents relating to Hazardous Substances or any violations of Environmental Laws at or relating to the Premises upon discovery of such releases, spills or incidents, when received by Tenant from any government agency or other third party, or when and as supplied to any government agency or other third party. 5.5 Ownershlp of Improvements /Surrender of Premises. The Improvements, Including fixtures, shall be or become part of the Premises. At the expiration or earlier termination of the Term of this Lease or any portion thereof, Tenant shall peaceably leave, quit and surrender the Premises, and the Improvements thereon (or the portion thereof so terminated), subject to the rights of tenants in possession of 'residential units under leases with Tenant, provided that such tenants are not in default thereunder and attom to Landlord as their lessor. Upon such expiration or termination, the Premises-(or portion thereof so terminated) shall become the sole property of Landlord at no cost to Landlord and shall be free of all liens and encumbrances and in the condition set forth in Section 5.3 (consistent with prudent and appropriate property management and maintenance during the Term) and, In the event of a casualty, to the provisions of Article A Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and ail rights and interests It may have either at law or in equity to the Premises shall Immediately cease. 5.6 Easements, Landlord agrees that Landlord shall not unreasonably withhold or delay its. consent, and shall join with Tenant from time to time during the Term in the granting of easements affecting the Premises which are for the purpose of providing utility services for the Premises. If any monetary consideration is received by Tenant as a result of the granting• of any such easement,. such consideration shall be paid to Landlord. As a condition precedent to the exercise by Tenant of any of the powers granted to Tenant in this Section, Tenant shall give notice to Landlord of the action to be taken, shall certify to Landlord, that in Tenant's opinion such action will not adversely affect either the market value of the Premises or the use of the Premises for the Development. 5.7 Transfer. Convevance; Assignment. Tenant agrees for itself and Its successors and assigns in interest hereunder that it will not, (1) assign this Lease or any of its rights under this Lease as to all or any portion of the Premises generally, or (2) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer of any or all of the Premises, or the Improvements, or the occupancy and use thereof, other than In accordance with Applicable Public Housing Requirements and this Lease (including, but not limited to (i) any sale at foreclosure or by the execution of any judgment of any or ail of Tenant's rights hereunder, or. (11) any transfer by operation of law), without first obtaining Landlord's express written consent thereto. 13' ARTICLE VI CASUALTY AND TAKING 6.1 Casualty. Casualty Damage. In the event the Premises should be destroyed or damaged by fire, windstorm, or other casualty to the extent that the Premises is rendered unfit for the intended purpose of Tenant. (as determined by Tenant in its sole and absolute discretion), Tenant may cancel this Lease, but only after removing any trash and/or debris therefrom. If the Premises Is partially damaged due to any other reason than the causes described immediately above, but the Premises is not rendered unusable for Tenant's purposes (as 'determined by Tenant In its sole and absolute discretion), the same shall be repaired by Tenant to the extent Tenant receives sufficient proceeds to complete such repairs from its Insurance carrier under its insurance policy. Any such repairs will be completed within a reasonable time after receipt of such proceeds. If the damage to the Premises shall be so extensive as to render it unusable for Tenant's purposes (as determined by Tenant in. its sole and absolute discretion) but shall nonetheless be capable of being repaired within One Hundred Twenty (920) days, the damage shalt be repaired with due diligence by Tenant to the extent Tenant receives sufficient proceeds under its insurance policy to complete such repairs. In the event that a nearby structure(s) or improvement(s) Is damaged or destroyed due to Tenant's negligence, Tenant shall be solely liable and responsible to repair and /or compensate the owner for such damage or loss. 6.2 Taking, (a) Notice of Taking. Upon receipt by either Landlord or Tenant of any notice of Taking, or the Institution of any proceedings for Taking the Premises, or any portion thereof, the parry receiving such notice shall promptly give notice thereof to the other, and such other party may also appear in such proceeding and may be represented by an attorney. (b) Awards. The full amount of any award whether pro tento or final for any Taking (the "Award"), shall, notwithstanding any allocation made by the awarding authority, be paid and allocated as set forth below, provided that there shall first be deducted from the Award the following, In the order stated: (i) all reasonable fees and expenses of collection, including reasonable attorneys' fees and experts' fees, which shall be paid to the party which has paid such fees and expenses and /or undertaken such work, (i1) any unpaid fees or expense due to the Landlord, oir due to a third - party, which Landlord will be ultimately responsible for, and (iii) any outstanding amounts which represent unpaid loans used for the construction of any structures and /or improvements on the Premises. With respect to the balance of such Award, Landlord and Tenant shall be entitled to receive and retain such separate awards and portions of lump sum awards as may be allocated to their respective interests in any condemnation proceedings, with' consideration given to the fact that the Landlord's Interest in the Premises is not limited to the land encumbered by this Lease, but also the reversionary interest in the Premises upon expiration of.the term and the structure(s) and Improvements thereon. 14 (c) Total Taking in the event of a permanent Taking of the fee simple interest or title of the Premises, or control of the entire leasehold estate hereunder (a "Total Taking), this Lease shall thereupon terminate as of the effective date of such Total Taking, without liability or further recourse to the parties, provided that each party shall remain liable for any obligations required to be performed prior to the effective date of such termination and for any other obligations under this Lease which are expressly intended to survive termination. The Taking of any portion of the improvements, fifteen percent (15 11/6) or more of the then existing paridng area, the loss of the rights of Ingress and egress as then established or the loss of rights to use the Easement, shall be, at Tenant's election, but not exclusively considered, such a substantial taking as would render the use of the Property not suitable for Tenant's use. Notwithstanding any provision of the Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the toss of the building and other improvements paid for by Tenant, the loss of Tenant's leasehold estate and such additional relief as may be provided by law shall be the basis of Tenant's damages against the condemning authority if a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (d) Partial Taking. In the event of a permanent Taking of less than all of the Premises (a "Partial Taking "), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot reasonably be made to be economically viable, structurally sound, then Tenant may terminate this Lease, and the Tenant's portion of the Award shall be paid to Tenant, provided that any and all obligations of Tenant have been fully and completely complied with by Tenant-as of the date of said Partial Taking. If Tenant shall not elect to terminate this Lease, Tenant shall be entitled to a reduction of rent of such amount as shall be just and equitable. in consideration of such reduction of rent, Tenant waives any claim for damage to or loss of its leasehold estate, all of such award being payable to Landlord, who shall use so much thereof as may be necessary to restore the Premises as nearly as possible to its condition immediately prior to the Partial Taking. Tenant shall have the option to perform such restoration and Landlord shall upon Tenant's election provide the whole of such award or such portion thereof as may be necessary for Tenant to accomplish the restoration. Should such award be insufficient to accomplish the restoration, such additional costs shall be paid by Landlord. Notwithstanding any provision of the Lease or by operation of law that leasehold improvements may be or shall become the property of Landlord at the termination of the Lease, the loss of the building and other improvements paid for by Tenant and such additional relief as may be provided by law shalt be the basis of Tenant's damages against the condemning authority It a separate claim therefore is allowable under applicable law, or the basis of Tenant's damages to a portion of the total award if only one award is made. (e) Resolution of Disagreements. Should Landlord and Tenant be unable to agree as to the division of any singular award or the amount of any reduction of rents and other charges payable by Tenant under the Lease, such dispute shall be submitted for resolve to the court exercising jurisdiction of the condemnation proceedings, each party bearing its respective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnation with the condemning authority without Tenant's consent. 15 (f) No Existing Condemnation. Landlord represents and warrants that as of the Commencement Date it has no actual or constructive knowledge of any proposed condemnation of any part of the Premises. in the event that subsequent to the Effective Date, but prior to the Commencement Date, a total or partial condemnation either permanent or temporary, is proposed by any competent authority, Tenant shall be under no obligation to commence or continue construction of the building and other Improvements and rent and other charges,. if any, payable by Tenant under the Lease shall abate until such time as it can be reasonably ascertained that the Premises• shall not be so affected, in the event the Premises Is so affected, Tenant shall be entitled to all rights, damages and awards pursuant to the appropriate provisions of this Lease. 6.3 Termination upon Non- Restoratlon.. Following a Partial Taking, if a decision is made pursuant to this Article VI that the remaining portion of the Premises -is not to be restored, Tenant shall surrender the entire Premises to Landlord and this Lease shall thereupon be terminated without liability'or further recourse to the parties hereto, provided that any Rent, impositions and other amounts payable or obligations hereunder owed by Tenant to Landlord as of the date of the Taking shall be paid In full. 6.a Conflict with ACC. in the avant of a oonfiiet behoveen any of the provisions of this Articie VI anti the J provisions .. provisions of the ACC, as amended by the ACC Amendment, the ACC and the ACC Amendment shall govern: ARTICLE VIi ! CONDITION OF PREMISES ' 7.1 Condition-, -title. The Premises are demised and let in an "as Is' condition as of the Commencement Date. The Premises are demised and let to Tenant subject to: As-Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its Oas -is" and "where -is" condition, with any and all faults, and with the understanding 1 that the Landlord has not offered any implied or expressed warranty as to the condition of the Premises and /or as to It being fit for any particular purpose, provided, however, that the foregoing shall not in any way limit, affect, modify or otherwise impact any of Landlord's representations, warranties and /or obligations contained In this Lease. Tenant shall,, within the 20 days following the commencement date, obtain a title commitment to Insure Tenant's leasehold interest in the Premises. Tenant shall advise Landlord as to any title matters that Tenant deems objectionable and Landlord may, in its sole discretion, take the steps necessary to cause such objectionable matters to be removed from the title commitment. if Landlord elects not to take such steps, it will so advise Tenant within 20 days of receipt of Tenant's notice, and Tenant shall thereafter have the right to terminate this Lease or to proceed notwithstanding the objectionable 16 title matters. It is acknowledged that the title commitment will reflect the existence of a 'Declaration of Trust in favor of HUD and that the Landlord will obtain a release of the Declaration of Trust in connection with HUD's disposition of the Premises. in the event Landlord does not obtain the release of the HUD Declaration of Trust or HUD does not approve the Landlord's disposition application or other mixed finance application or documents submitted by Landlord or Tenant by the date on which Tenant closes on the sale of the LiHTC to an investor, this Lease shall terminate. . 7.2 No Encumbrances. Landlord covenants that Landlord has full right and lawful authority to enter into this Lease In accordance with the terms hereof and to grant the estate demised hereby. . Landlord represents and warrants that there are no existing mortgages, deeds of trust, easements, liens, security Interests, encumbrances and/or restrictions encumbering Landlord's fee interest In the Land other than the Permitted Encumbrances. Landlord's fee Interest shall not hereafter be subordinated to, or made subject to, any mortgage, deed of trust, easement, lien, security Interest, encumbrance and /or restriction except for an encumbrance that expressly provides that It Is and shall remain subject and subordinate at all times in lien, operation and otherwise to this Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new Teases entered Into pursuant to the terms hereof and extensions). Landlord covenants that it will not encumber or lien the title of the Premises or cause or permit said title to be encumbered or Ilened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or otherwise at any time after giving thirty (30) days' written notice thereof to Landlord. Tenant may recover or recoup all costs and expenses thereof from Landlord if the Landlord fails to discharge any such encumbrance within the said thirty (30) day period.. Such recovery or recoupment may, In addition to all other remedies, be made by setting off against the amount of Rent payable by Tenant hereunder. Landlord and Tenant agree to work cooperatively together to create such easements and riglits of way as may be necessary or appropriate for the Premises. 7..3 Landlord's Tltie and Quiet Enioyment. Landlord represents and warrants that Landlord is seized fn fee simple title to the Premises, free and clear and unencumbered. Landlord covenants that, so long as Tenant pays 'rent and performs the covenants herein contained on Its part, to be paid and performed, Tenant will have lawful, quiet and peaceful possession and occupancy of the Premises, the Easement and all other rights and benefits accruing to Tenant under the, Lease throughout the Term, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. Landlord further represents and warrants that it has good right, full power and lawful authority to enter into this Lease for the Term and any Extensions. Tenant shall have the right to order a title insurance commitment on the Premises. In the event the Otte insurance commitment shall reflect encumbrances or other conditions not acceptable to Tenant ( "Defects "), then, Landlord, upon notification of the Defects, shall immediately and diligently proceed to cure same and shall have a reasonable time within which to cure the Defects. - If, after the exercise of all reasonable diligence, Landlord Is unable to clear the Defects, then Tenant may accept the Defects or Tenant may terminate the Lease and the parties shall be released from further Iiability.So long as Tenant is not in default hereunder beyond any"grace period applicable thereto, Tenant's possession of the Premises will not be disturbed by Landlord, its successors and assigns. 7.4 Notwithstanding Section 7.3 above, Landlord, HUD, and their respective agents, upon reasonable prior notice to Tenant, shall have the right to enter the Premises for purposes 17 of reasonable inspections performed during reasonable business hours in order to assure compliance by Tenant with its obligations under this Lease. ARTICICLE VIII DEFAULTS AND TERMINATION 8.1 Default. The occurrence of any of the following events shall constitute an event of default (Event of Default) hereunder. {a) if Tenant fails to pay when due any Rbnt or other impositions due hereunder pursuant to Article Ili (except where such failure Is addressed by another event described In this Section 84 as to which lesser notice and grace periods are provided), and any such default shall continue for thirty (30) days after the receipi of written notice thereof by Tenant from Landlord; or (b) . if Tenant fails in any material respect to observe or perform any covenant, condition, agreement or obligation hereunder not addressed by any other event described in this Section 8.1, and shall fail to cure, correct or remedy such failure within thirty (30) days after the receipt of written notice thereof, unless such failure cannot be cured by the payment of money and cannot with due diligence be cured within a period of thirty (30) days, In which case such failure shall not be deemed to continue if Tenant proceeds promptly and with due diligence to cure the failure and diligently compiAtes the. raring thereof within a reasonable period of time; provided, however, that for such time as Landlord or its affiliate is the management agent retained by Tenant, Tenant shall not be In default hereunder due'to actions or inactions taken by Landlord or its affiliate in its capacity as the management agent; or (c) if any representation or warranty of Tenant set forth in this Lease, .in any certificate delivered pursuant hereto, or in any notice, certificate, demand, submittal or request delivered to Landlord by Tenant pursuant to this. Lease shall prove to be incorrect In any material and adverse respect as of the time when the same shall have been made and the same shall not have been remedied to the reasonable satisfaction of Landlord within thirty (30) days after notice from Landlord; or (d) if Tenant shall be adjudicated bankrupt or be declared insolvent under the Federal Bankruptcy Code or any other federal or state taw (as now or hereafter in effect) relating to bankruptcy, insolvency, reorganization, winding - up or adjustment of debts (collectively called Bankruptcy Laws), or if Tenant shall (a) apply for or consent to the appointment of, or the taking of possession by, any receiver, custodian, trustee, United States Trustee or Tenant or liquidator (or other similar official) of Tenant or of any substantial `portion of Tenant's property; (b) admit in writing its. inability•to pay its debts generally as they become due;•(e) make a general assignment for the benefit of its creditors; (d) file a petition commencing a voluntary case under or seeking to take advantage of a Bankruptcy Law; or (e) fail to controvert in a 18 .timely. and appropriate manner, or In writing acquiesce to, any petition commencing an Involuntary case against Tenant pursuant to any bankruptcy law; or (e) if an order for relief against Tenant shall be entered in any Involuntary case under the Federal Bankruptcy Code or any similar order against Tenant shall be entered pursuant to any other Bankruptcy Law, or If a petition commencing an involuntary case. against Tenant or proposing the reorganization of Tenant under the Federal Bankruptcy Code shall be filed in and approved by any court of competent jurisdiction and not be discharged or denied within ninety (90) days after such filing, or if a proceeding or case shall be commenced in any court of competent jurisdiction seeking (a) the liquidation, reorganization, dissolution, winding -up or adjustment of debts of Tenant, (b) the appointment of a receiver, custodian, trustee, united States Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or.(c) any similar relief as to Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismissed,' or any order, judgment or decree approving or ordering any of the foregoing shall be entered and continued unstayed and In effect for ninety (90) days; or (0 Tenant vacates or abandons the Premises or any substantial part thereof for a period of more than thirty (30) consecutive days (or, If applicable, such longer period as may be permitted In accordance with Section 6.1 or 6.2); or (g) This Lease, the Premises or any part thereof are taken upon execution or by other process of law directed against-Tenant, or are taken upon or subjected to any attachment by any creditor of Tenant or claimant against Tenant, and such attachment is not stayed or discharged within ninety (90) days after its levy; or (h) Tenant makes any sale, conveyance, assignment or transfer in violation of this Lease. 19 8.2 Remedies for Tenant's Default. Upon or after the occurrence of any Event of Default which Is not cured within any applicable cure period, and so long as same remains uncured, Landlord may terminate this Lease by providing not less than thirty (30) days' written notice (which notice may be contemporaneous with bny notice provided under Section 8.1) to Tenant, setting forth Tenant's uncured, continuing default and Landlord's Intent to exercise its rights to terminate, whereupon this Lease shall terminate on the termination date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's Interest In the Premises shalt automatically revert to Landlord, Tenant shall promptly quit and surrender the Premises to Landlord, without cost to Landlord, and Landlord may, without demand and further notice, reenter and take possession of the Premises, or any part thereof, and repossess the same as Landlord's former estate by summary proceedings, ejectment or otherwise without being deemed guilty of any manner of trespass and without prejudice to any remedies which Landlord might otherwise have for arrearages of Rent or other Impositions hereunder or for a prior breach of the provisions of this Lease. The obligations of Tenant under this Lease which arose prior to termination shall survive such termination. 8.3 Termination. Termination by Landlord: The occurrence of any of the following shall give Landlord the right to terminate this Lease upon the terms and conditions set forth below: 8.4 Automatic Termination: (a) Tenant fails to obtain LIHTC from HFC within twenty-four (24) months from the Commencement Date. (b) This Lease and the parties' obligations hereunder are contingent upon the final approval of this Lease by the Miami -Dade Board of County Commissioners, which shall be within the Board's sole discretion. (c) institution of proceedings in voluntary bankruptcy by the Tenant. (d) Institution of proceedings in Involuntary bankruptcy against the Tenant If such proceedings continue for a period of Ninety (90) days or more. 1. Assignment of Lease by Tenant for the benefl: of creditors. H. It Tenant is a non - profit, failure of Tenant, its successors or assigns to maintain a not - for - profit tax status (except that any involuntary administrative dissolution shall not be deemed a breach of the foregoing so long as Tenant reinstates the entity within 30 days after notice from Landlord). Hl. A final determination of termination of this Lease in a court of law In favor of the Landlord in litigation Instituted by -the Tenant against the Landlord, or brought by the Landlord against Tenant. 20 8.5 Life/Safety issues. The'elapsement of thirty (30) calendar days (or such longer period if the default is not capable of being cured in such 30 day period) after Tenant's receipt of written notice from Landlord with respect to Tenant's failure to cure a condition posing a threat to health or safety of the public or patrons. 8.6 Upon termination of This Lease, Landlord may: (a) retain, at the time of such termination, any Rent or other impositions paid hereunder, without any deduction, offset or recoupment whatsoever; and •(b) enforce its rights under any bond outstanding at the time of such termination; and (c) require Tenant to deliver to Landlord, or otherwise effectively transfer to Landlord any and all governmental approvals and permits, and any and all rights of possession, ownership or control Tenant may have in and to, any and all financing arrangements, plans, specifications, and other technical documents or materials. related to the Premises. 8.7 Reoulatory Default. Notwithstanding •anything herein to the contrary, the following shall apply to any default declared as a result of any failure by Tenant to comply with the provisions of Section (a) Upon a determination by Landlord that Tenant has materially breached or defaulted on any of the obligations under Secti6n8.1 (a Regulatory Default), Landlord shall notify Tenant of (1) the nature of the Regulatory Default, (ii) the actions required to be taken by Tenant In order to cure the Regulatory. Default, and (iii) the time, (a minimum of sixty (60) days or such-additional time period as may be reasonable under the circumstances), within which Tenant shall respond with reasonable evidence to Landlord that all such required actions have been taken. (b) If Tenant shall have failed to respond or take the appropriate corrective action with respect to a Regulatory Default to the reasonable satisfaction of Landlord within the applicable time period, then Landlord shall have the right to terminate the Lease or seek other legal or equitable remedies as Landlord determines In its sole discretion; provided, however, that if prior to the end of the applicable time period, Tenant seeks a declaratory Judgment or other order from a court having Jurisdiction that Tenant shall not have Incurred a Regulatory Default, Landlord • shall not terminate this Lease during the pendency of such action. (c) In. addition to and not in limitation of the foregoing, if Landlord shall determine that a Regulatory Default shall have occurred by reason of a default by Tenant's management agent, and that Tenant shall have failed to respond or take corrective action to the reasonable satisfaction of Landlord within the applicable cure period, then Landlord may .require Tenant to take such 21 actions as are necessary in order to terminate the appointment of the management agent pursuant to the terms of Its management agreement and to appoint a successor management agent of the Premises. 8.8 Performance by Landlord. If Tenant shall fail to make any payment or perform any act required under this Lease, Landlord may (but need not) after giving not less than thirty (30) (except in case of emergencies and except where a shorter time period is specified elsewhere In this lease) days' notice to Tenant and without waiving any default or releasing Tenant from any obligations, cure such default for the account of Tenant. Tenant shall promptly pay Landlord the amount of such charges, costs and expenses as Landlord shall have Incurred in curing such default. 8.8.1 Costs and Damaaes. Tenant shall be liable to, and shall reimburse, Landlord for any and all actual reasonable expenditures incurred and for any and all actual damages suffered by Landlord in connection with any Event of Default, collectipon of Rent or other impositions owed under this Lease,. the remedying of any default under this Lease or any termination of this Lease, unless such termination is caused by the default of Landlord, Including all costs, claims, losses, liabilities., damages and expenses (including without limitation, reasonable attorneys' fees and costs) Incurred by Landlord as a result thereof. 8.8.2 Remedies Cumulative. The ahganria in thig I cacti of any an�irna_ratinn of events of "infacdf by I�nrllnrA ^r remedies of either party with respect to'money damages or specific performance shall not constitute a waiver by either party of Its right to assert any claim or remedy available to it under law or in equity. 8.9 HUD's Rights on Event of Default. (a) Tenant shall give HUD a copy of all notices of default or other notices that Tenant may give to or-serve in writing upon Landlord pursuant to the terms of this Lease. No notice by Tenant to Landlord under this Lease shall be effective unless a copy of such notice has been provided to HUD. (b) HUD, at its option, may pay any amount or do any act or thing required of Landlord by the terms of this Lease. All payments made and all acts performed by HUD shall be as if they had'been performed by Landlord. (c) Upon the occurrence of an Event of Default that also constitutes a substantial default under the ACC, HUD may: (1) require Landlord to convey to HUD its fee simple interest in the Premises, and ensure Tenant's conveyance to HUD of Its leasehold interest in the Premises, If, in HUD's determination (which determination shall be final and conclusive), such conveyance of title is necessary to achieve the purposes of the Act; or (2) require Tenant to deliver possession and control of the Premises to HUD; or (3) exercise any other right or remedy existing under applicable law, or available at equity. HUD's exercise 22 or non- exercise of any right or remedy under the ACC shall not be construed as a waiver of HUD's right to exercise that or any other right or remedy at any time. (d) if HUD acquires. title to, or possession of, the Premises, HUD shall reconvey, or redeliver possession of, the Premises to Landlord and Tenant in accordance with their respective Interests in the Premises: (1) upon a determination by HUD that the substantial default under the ACC has been cured and that the Premises will thereafter be operated in accordance with the terms of the ACC; or (ii) aftar the termination of HUD's obligation to make annual contributions available, unless there are any obligations or covenants of Landlord to HUD that are then in 'default. . (c) During the Term of this Lease, and so long as Tenant shall not be In default of its obligations hereunder, HUD agrees that to the event of a substantial default by Landlord under the ACC, HUD shall exercise any remedies or sanctions authorizeri'under the ACC, including taking possession of Landlord's Interest in the Premises, in such a manner as not to disturb Tenanrs rights under this Lease or any other agreement between Landlord and Tenant. ARTICLE IX SOVEREIGNTY AND POLICE POWERS 9.1 County as Sovereign It is expressly understood that notwithstanding any provision of this Lease and the Landlord's status thereunder: (a) The Landlord retains all of its sovereign prerogatives and rights as a county under Florida taws and shall in no way be estopped from withholding or refusing to issue any approvals of applications for tax exemption, building, zoning, planning or development under present or future laws and regulations of whatever nature applicable to the planning, design, construction and development of the Premises or the operation thereof, or be liable for the same; and (b) The Landlord shall not by virtue of this Lease be obligated to grant the Tenant any approvals of applications for tax emption, building, zoning, planning or development under present or future laws and ordinances of whatever nature applicable to the planning, design, construction, development and/or operation of the Premises. 9.2 No Liability for Exercise of Police Power Notwithstanding and prevailing over any contrary provision in this Lease, or any Landlord covenant or obligation that may be contained in this Lease, or any implied or perceived duty or obligation including but not limited to the following: 23 (1) To cooperate with, or provide good faith, diligent, reasonable or other similar efforts to assist the Tenant, regardless of the purpose required for such cooperation; (ti) To execute documents or give approvals, regardless of the purpose required for such execution or approvals; (ili) To apply for or assist'the Tenant in applying for any county, city or third party permit or needed approval; or (iv) To contest, defend against, or assist the Tenant in contesting or defending against any challenge of any nature; shall not bind the Board of County Commissioners, the Planning and zoning Department, DERM, the Property Appraiser or any other county, city, federal or state department or authority, committee or agency to grant or leave In effect any tax exemptions, zoning changes, variances, permits, waivers, contract amendments, or any other approvals that. m��t ho nron4cri �arifhhblA or rovntrcri in tho rlienrm$nnnf thn t nnAlnrA nr envnth�r onnfir�htn may be granted, it . .vnv.. . .... governmental agencies in the exercise of its police power, and the Landlord shall be released and held harmless, by the Tenant from and against any liability, responsibility, claims, consequential or other damages, or losses to the Tenant or to any third parties resulting from denial, withholding or revocation (in whole or In part) of any zoning or other changes, variances, permits, waivers, amendments, or approvals of any kind or -nature whatsoever. Without limiting the. foregoing, the parties recognize that the approval of-any• . building permit and /or certificate of occupancy or tax exemption will require the Landlord to exercise its quasi- iudicial or police Powers. Notwithstanding any other provision of this Lease, the Landlord shalt have no obiigation•to approve, In whole or in part, any application for any type of tax exemption, permit, license, zoning or any other type of matter requiring government approval or waiver. The Landlord's, obligation to use reasonable good faith efforts in the permitting of the use of County-oWned property shall not extend to any exercise of quasi-judicial or police powers, and shall be limited solely to ministerial actions, including the timely acceptance and processing of any requests or Inquiries by Tenant as authorized by this Lease. Moreover, in no event shall a failure of the Landlord to adopt any of the Tenant's request or application for any type of permit, license, zoning or any other type of matter requiring government approval or waiver be construed a breach. or default of this Lease. 24 ARTICLE X MISCELLANEOUS 10.1 Construction. Landlord and Tenant agree that all the provisions hereof are to be construed as covenants and agreements as though the words importing such covenants and agreements were used in each separate section thereof. 10.2 Performance Under Protest. In the event of a dispute or difference between Landlord and Tenant as to any obligation which either may assert the other is obligated to perform or do, then the party against whom such obligation is asserted shall have the right and privilege to carry out and perform the obligation so asserted against it without being- considered a volunteer or deemed to have admitted the correctness of the claim; and shall have the right'to bring an appropriate action at law, equity or otherwise against the other for the recovery of any sums, expended In the performance thereof and in any such action, the successful party shall' be entitled to recover in addition to all other recoveries such reasonable attorneys' fees as may be awarded by the Court. 10.3 No.Waiver. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any other provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party; the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them whether exercised by said party or not, shall be deemed to be in exclusion of any other, and two or more or all of such rights and remedies maybe exercised 'at the same time. 10.4. Headln s. The headings used for the various articles and sections of this Lease are used only as a matter of convenience for reference, and are not to be construed as part of this Lease or to be used in determining the intent of the parties of this Lease. 10.5 Partial invalidity. If any terms, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the final ruling 25 of a court of competent jurisdiction having final review, the remaining terms, covenants, provisions and conditions of this Lease and their application to persons or circumstances shall. not be affected thereby and shall continue to be enforced and recognized as valid agreements of the parties, and in the place of such Invalid or unenforceable provision there shall tie substituted a tike, but valid and enforceable, provision which comports to the findings of the aforesaid court and most nearly accomplishes the original intention of the .parties. 10.6 Decision Standards. in any approval, consent or other determination by any party requlred under any provision of this Lease, the party shall act reasonably, In good faith and In a timely manner, unless a different standard is explicitly stated. 10.7 Bind and inure. Unless repugnant to the context, the words Landlord and Tenant shalt be construed to mean the original parties, their respective successors and assigns and those claiming Through or under them respectively. The agreements and conditions in this Lease contained on the part of Tenant to be perfonmed and observed shall be binding upon Tenant and its successors and assigns and shalt inure to the berrefit.of Landlord and. its successors and assigns, and the agreements and conditions in this Lease contained on the part of Landlord to be performed and observed shall be binding upon Landlord and Its successors and assigns and shall Inure to the benefit of Tenant and its successors and assigns. No holder of a mortgage of the leasehold interest hereunder shall be deemed to be the holder of said, leasehold estate until such holder shall have acquired indefeasible title to said leasehold vstaty. 10.8 Estoppel Certificate. Each party agrees from time to time, upon no less than fifteen (15) days' prior notice from the other to execute, acknowledge and deliver to the other, as the case may be, a statement certifying that (1) this Lease is unmodified and in full force and effect (or, if there have been any modifications, that the same is In full force and effect as modified and stating the modifications), (ii) the dates to which the Rent has been paid, and that no additional rent or other payments are due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (ill) whether there exists any uncured default by the other party, or any defense, offset, or counterclaim against the other party, and, if so, the j nature of such default, defense, offset or counterclaim. r 10.9 Recordation. Simultaneously with the delivery of the Lease the parties have delivered a memorandum, notice or short -form of this Lease or this Lease which Tenant shall record-in the appropriate office of the Public Records of Miami -Dade County. If this Lease Is terminated before the Term expires, the parties shall execute, deliver and rec6rd an instrument acknowledging such fact and the date.of termination of this Lease. 10.10 Notice 26 Any notice, request, demand, consent, approval, or other communication required or permitted under this Lease shall be in writing, may be delivered on behalf of a party by such party's counsel, and shall be deemed given when received, if (i) delivered by hand, (ii) sent by registered or certified mail, return receipt requested, or (iii) sent by recognized overnight delivery service such as Federal Express, addressed as follows: If to the Landlord: Miami -Dade County c/o, Mlaml -Dade Public Housing and Community Development 701 N.W. I" Court, 1e Floor Miami, Florida 33136 Attn: Executive Director and a copy to: Miami -Dade County Attorney's Office 111 N.W. 14' Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. Tenant: "Z- If � �., O III- x:33.• + q °Sr, y by s• 3i;: h t' .0 ..•�i,isy:t�. y"}- y'',,.Sa`�• ��3!'`"= •+i.1� .l"�'. ji:+i�:I:r.Fe�e7t1 and a copy to: If to HUD: United States Department of Housing and Urban Development 451 Seventh Street, S.W. Washington, D.C. 20410 Attn: Assistant Secretary of Public and Indian Housing A party may change its address by giving written notice to the other party as specified herein. 10.11 Entire Agreement. This instrument contains all the agreements made between the parties hereto and may not be modified In any other manner than by an instrument in writing executed by the parties or their respective successors In interest and approved by HUD. 10.12 Amendment. This Lease may be amended by mutual agreement of Landlord and Tenant, subject to the prior written approval of HUD, as applicable, and provided that all amendments must be in writing and signed by both parties and that no amendment shall impair the obligations of Tenant to develop and operate' the Premises in accordance with Applicable Public Housing Requirements, to the extent applicable. 10.13 Governing Law, Forum, and Jurisdiction. This Lease shall be governed and construed in-accordance with the laws of the State of Florida. 27 10.14 Relationship of Parties: No Third Party Beneficiary. The parties hereto expressly declare that, In connection with the activities and operations contemplated by this Lease, they are neither partners nor Joint venturers, nor does a principal /agent relationship exist between them. Whing contained in the ACC, and ACC Amendment between HUD and Landlord, or In any agreement or contract between the parties hereto, nor any act of HUD, Landlord or Tenant will be deemed or construed to create any relationship of third party beneficiary, principal and agent, limited or general partnership, joint venture or any association or relationship Involving HUD. 10,15 Access. Tenant agrees to grant a right of access to the Landlord, HUD, the Comptroller General of the United States, or any of their authorized representatives, with respect to any books, documents, papers, or other records related to this Lease in- order to make audits, examinations, excerpts, and transcripts until 3 years after the termination date of this Lease. 10.16 Conflicts. In the event of a conflict between any requirement contained In this Lease (or between any requirement contained in any document referred to In this Lease, including any mortgage), and the Applicable Public Housing Requirements, the Applicable Public Housing Requirements shall in all instances be controlling. 10.17 Non - Merger. Cvnan4 —ion avnir� {inn of #i.a Tartu or r inns tarmina #inn of 4hie 1 anaa n, .—. ran+ in n v,va ra -11 , var.n u.rv. v . V, n, .+1 uMv. v,uwnuuvr. yr u.w a-vuvv purv�ra ry an express right of termination set forth herein, there shall be no merger of either this Lease or Tenant's estate created hereunder-with the fee estate of the Premises or any part thereof by reason -of the fact that the same person may acquire, own or hold, directly or indirectly, (a) this Lease, Tenant's estate created hereunder or any interest In this Lease or Tenant's estate (including the Improvements), and (b) the fee estate In the Premises or any part thereof or any interest in such fee estate (including the Improvements), unless and until all persons, including any assignee of Landlord and, having an interest in (1) this Lease or Tenant's estate created hereunder, and (ii) the fee estate in the Premises or any part thereof, shall join In a written Instrument effecting such merger and shall duly record the same. ARTICLE XI RIGHT OF FIRST OFFER; RIGHT !2F FIRST REFUSAL 11.1 Landlord's intent to Market Premises. If Landlord, in its sole discretion (but subject to any applicable HUD requirements relating to disposition and State laws relating to the sale or conveyance of County-owned property), decides to sell its interest in the Premises, then, prior to marketing the Premises, Landlord shall give written notice of such intent to Tenant setting forth the terms and conditions on which Landlord desires to sell the Premises (Sales NoUce). Tenant shall 28 have sixty (60) days thereafter within which to notify Landlord of Its Intent to purchase the Premises offered for sale upon such terms and conditions as are set forth in the Sales Notice. if such Sales Notice is timely given, the Closing shall be ninety (90) days after the date of the Sales Notice. The status of We to be delivered and the instruments to be executed pursuant thereto shalt be as stated In the Sales Notice and the amount of earnest money that Tenant shall be required to deposit with the notification of intent to purchase by matching the offer shall be as stated In the Sales Notice. Failure of Tartan to so notify Landlord in a timely manner shell be deemed an election not to purchase. In the event Tenant does not so timely notify Landlord of its intent to purchase the offered property upon the terms and conditions stated in the Sales Notice, Landlord shall be free to market stich property on its own or through a broker and thereafter may sell the property, subject to all of the terms and conditions of the Lease and any applicable requirements of HUD or any other legal requirements; provided that Landlord may not sell the Premises on terms and conditions that are materially different from those contained in any Sales Notice received by Tenant without first offering Tenant the opportunity once again to purchase the Premises in accordance with this Section 11.1 upon such materially different terms and conditions upon which Landlord bases its offer of sale. 11•.2 Right gf First Refusal. if Landlord is not marketing the Premises as provided In Section 11.1 above, but 'receives a written offer in acceptable form from an unrelated third 'party. that Landlord Is willing to accept for the purchase of the Premises (a Sales offer), Landlord shall notify Tenant of the terms and.conditions of such Sales Offer. Tenant shall then have sixty (60) days within which to notify Landlord of its intent to purchase the Premises by matching said Sales Offer'and, in the event of such timely response, the dosing of"the purchase and sate of the Premises shall be in accordance with the terms of such Sales Offer. In the event that timely notice Is- not given by Tenant td Landlord, Tenant shall be deemed to have elected not to match said Sales Offer, and Landlord shall be free to seli the Premises to such third party on the terms and conditions set forth in the Sales Offer, subject, however, to all terms and conditions of this Lease and any applicable requirements of HUD or any other legal requirements. If Landlord fails to sell the Premises to -such third party for an aggregate sales price not less than ninety -five percent (95 %) of the sales price set forth in the Sales Offer and otherwise in accordance with the terms of the Sales Offer within one hundred and eighty (180) days after Landlord is entitled to sell the Premises to such third party, the right of first refusal created in this Section 11.2 shall be revived and again shall be enforceable. (SIGNATURES oN FOLLOWING PAGE) 29 IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. LANDLORD: V Tint ? �RJ Print NaName: s W ness Print Name: Approved as to form'and I TENANT: U Ca (,4C s' 7 ...Witness... IRV Print Nam -� 30 MIAMI -DADiE COUNTY Date: • %U a .tA L..i Assistant County Attorney 6y: . Title: vkce >idP.v7� Exhibit C (00001271.DOCX. 1 } Property Search - Report Ing Unite 6 Sq. Footage 61,304 Size 2:50 ACRES r Bullt 1974 a� f ff 25 54 402.5 AC PB 102 -19 UNIVERSITY GONS SUB.NO.3 TRACT 'F' LOT SIZE 94750 80 FT ORTANT NOTICE, 2013 exemption and assessment values currontly shown are Preliminary aresulajCctto change until they are certified on July 1: essmen( Informatou: Property Information: 2011 Folio 09- 4025-063 -0040 Property Address 6701 SW 62 AVE Owner Name(s) MIAMI -DADE COUNTY 54,769, i261S0 MIAMI- DADE HOUSING AGENCY Malling Address 1401 NW 7 ST $01$0 MIAMI FL city 33125.3601 Primary Zone 3000 MULTI- FAMILY • 22- 37.UTA Use Code_ 1047 DADE COUNTY Ing Unite 6 Sq. Footage 61,304 Size 2:50 ACRES r Bullt 1974 1 Legal Description 25 54 402.5 AC PB 102 -19 UNIVERSITY GONS SUB.NO.3 TRACT 'F' LOT SIZE 94750 80 FT ORTANT NOTICE, 2013 exemption and assessment values currontly shown are Preliminary aresulajCctto change until they are certified on July 1: essmen( Informatou: Current Previous Prevlous )ndValue $437.5001 $776,250 uiidfng Value $3,517;404 $3,993,176 arket Value. $3,954,904 $4,769,426 ssessed Value $3,954,904 $4,769,426 enefitiItifn>msition 2011 Page I of 1 NUAAII- I):lT)E COUNT'1' OFFICE OIL T11E PROPERTY APPRAISER PROPERTY SF. ARCH SUMMARY REPOR'r Carlos f.upcz- C•uuteru prnper0.ilppn*er A. PN . Aerial Photography. M2. Taxable Value Information: Current Previous. PreVidus -2 Year 2013 2012 2011 Exemption/ Taxable Exemption/ Taxable Exemption! Taxable unit' 33,954, '.04iS0 54,769, i261S0 $4,905;5-311$0 School Board $060 $01$0 $01$0 city 5olso $o/$o $01$0 $4,905,591 Regional. $07$0 $0/$0 $01$0 $4,905,591 S:dc~htfurmnlipn: Current Previous Previous 2 enofit Type 2013 2012 2011` Dealt' Exemption $3,954,904 $4,709,426 $4,905,591 ote: not all benetits are applicable to all Taxable Values. (ie County; i:hool Board, City. Reoionail. Disclaimer: The Office of the Property Apprniser and Milimi -Dade County oic continually editing aid updating One tax loll and GIS data to toueet the latest . property infomtation and GIS positional aemrllcy. No rbananiies, expressed or implied, are inovided for data and ilia positional or owillanc occnrtcy of the data herein, its use, or its imetprelalion. Although this a•ebsite is periodically updated, this infornnnion only not rekcl [Ile data cuncndy oil file at Miami-Dade Calmly's systems of record. The Property Aplimiser and Miami•Dode County assunres no liability either for any emas, emissions, or inaccuracies in the fnfornmlion provided regardless of the cnnse of such or Im any decision.made, action taken, or action notlnkml by file user in reliance upon any information provided i7crein. Sec Miami-Dade County lull disclaimer and User Agreement at hl[ 17 :i1\v \4\4.nilatNdildC'.gOy +I ❑f o'lllSl'ialnrel'.a3p. I'ropcny infor7nafion inquiries, colomenls, and suggestions email: pawcbmoilr` 777ian7irladC.bo1' GIS inquiries, collonews, and suggestions email: gis n.miwnftlaiie.gov Generated on: Mon Jun 24 2013 littp: / /gisweb.miaini( lade. Gov /PropertySeal•ei /l)riiitMap.11tni 6/24/2013 Exhibit D (00001271.DOCX. 1) Prepared by the Housing Policy Department March 2010 National Association of Home Builders 1201 15th Street, NW Washington, DC 20005 202-266-8398 . y . .. E r � : .. . Tax ., f 'ate z : :« i= e \[ r 3 \ { \ Development WE Total One -Year Impact: Sum of Phase I and Phase II :. focal Iricorne Local Bushes "s .:Local Wages,.and Local Taxes' Local Jobs Local Income Owners' Income , Salaries : ` = Supported $7,317,700 $21134;600 $51183,500 $7671500 113 Phase I: Direct and.Indirect Impact of .Construction Activity: Local Income Business: Owners' Local Wages 5alar_ies Local Taxes , Local Jobs �`.Sup .. ted Local Income income-ar�tl and Salaries Supporked ~9,932;300 $1,345,700 $3,586,800 $465;500 75 Phase II: Induced (Ripple) Effect of Spending the Income and Taxes from Phase I; Local Income Business owners' Local .lNages Local Taxes , LocaI job' Local Income nconie:' and Salaries Supporked $21385,400 $788,900 $1,596;700 $302,000 39 Phase III: Ongoing, Annual Effect that Occurs When New Homes are Occupied;. ' The term local taxes is used as a shorthand for local government revenue from all sources; taxes, fees, fines, revenue from government -owned enterprises, etc. Local-Business Local Wages and Local Taxes' Local Jobs t Local Income _.Owners` Income Salaries Supported $2,257,600 $918,200 $1,339,500 $395,000 32 ' The term local taxes is used as a shorthand for local government revenue from all sources; taxes, fees, fines, revenue from government -owned enterprises, etc. Impact of Building 100 Elderly Tax Credit Apartments Phase I-- Direct and Indirect Impact of Construction Activity A 1 ___1 T_____ --A 1..t.... 4... T..A... - B. Local Government Generpl Revenue by Type TAXES: USER FEES & CHARGES: Business Property Taxes $16,200 Industry Local Income Local Business Owners' Income Local Wages and Salaries Wag es & Salaries per Full-time Number of Local Jobs Supported Construction $3,438,800 $886,800 $2,552,000 $49,000 52 Manufacturing $500 $0 $500 $51,000 0 . Transportation $7,800 $1,100 $6,700 $42,000 0 Communications $51,000 $15,600 $35,400 $75,000 0 Utilities $14,300 $5,600 $8,800 $84,000 0 , Wholesale and Retail Trade $498,000 $91,100 $406,800 $37,000 11 Finance and Insurance $109,900 $8,900 $101,000 $83,000 1 Real Estate $160,400 $141,200 $19,200 $51,000 0 Personal & Repair Services $34,900 $13,100 $21,700 $33,000 1 Services to Dwellings / Buildings $19,400 $3,900 $15,600 $33,000 0 Business & Professional Services $480,400 $143,400 $337,000 $58,000 6 Eating and Drinking Places $16,400 $2,200 $14,200 $20,000 1 Automobile Repair & Service $16,500 $5,100 $11,400 $33,000 0 Entertainment Services $2,800 $600 $2,300 $45,000 0 Health, Educ. & Social Services $600 $200 $500 $38,000 0 Local Government $5,900 $0 $5,900 $54,000 0 Other $74,700 $26,900 $47,800 $44,000 1 Total $4,932,300 $1,345,700 $3,586,800 $48,000 75 B. Local Government Generpl Revenue by Type TAXES: USER FEES & CHARGES: Business Property Taxes $16,200 Residential Permit/ Impact Fees $282,300 Residential Property Taxes $0 Utilities & Other Govt. Enterprises $50,200 General Sales Taxes $35,600 Hospital Charges $21,700 Specific Excise Taxes $2,200 Transportation Charges $9,100 Income Taxes $9,600 Education Charges $9,500 License Taxes $500 Other Fees and Charges $26,400 Other Taxes $2,100 TOTAL FEES & CHARGES $399,300 TOTAL TAXES $66,200 TOTAL GENERAL REVENUE $465,500 Impact of Building 100 Elderly Tax Credit Apartments Phase II- Induced Effect of Spending Income and Tax Revenue from Phase I B. Local Government General- Revenue by Type TAXES: L.UCdi 11 Il.Un1e Idl u wus oy uiuustry $82,000 Industry Local Income Local Business Owners' Income Local Wages and Salaries Wages & Salaries per Full b e Number of Local Jobs Supported Construction $110,400 $42,800 $67,600 $49,000 1 Manufacturing $500 $0 $400 $51,000 0 Transportation $8,100 $1,100 $7,000 $38,000 0 Communications $142,000 $48,500 $93,500 $74,000 1 Utilities $68,400 $27,000 $41,400 $84,000 0 Wholesale and Retail Trade $399,700 $75,300 $324,500 $32,000 10 Finance and Insurance $100,500 $9,100 $91,400 $74,000 1 Real Estate $420,800 $370,500 $50,400 $51,000 1 Personal & Repair Services $85,600 $39,300 $46,300 $33,000 l Services to Dwellings / Buildings $20,600 $4,100 $16,500 $33,000 0 Business & Professional Services $226,300 $67,200 $159,100 $52,000 3 Eating and Drinking Places $117,100 $15,800 $101,400 $20,000 5 Automobile Repair & Service $57,600 $17,600 $40,100 $33,000 1 Fntertginmant Services $27,500 $7,600 $19,900 $37,000 1 Health, Educ. & Social Services $321,800 $40,500 $281,300 $49,000 6 Local Government $215,200 $0 $215,200 $50,000 4 Other $63,300 $22,500 $40,700 $35,000 1 Total $2,385,400 $788,900 $1,596,700 $41,000 39 B. Local Government General- Revenue by Type TAXES: USER FEES & CHARGES: Business Property Taxes $82,000 Residential Permit / Impact Fees $0 ' Residential Property Taxes $0 Utilities & Other Govt. Enterprises $91,000 General Sales Taxes $26,000 Hospital Charges $34,000 Specific Excise Taxes $11,000 Transportation Charges $4,000 Income Taxes $6,000 Education Charges $5,000 License Taxes $0 Other Fees and Charges $31,000 Other Taxes $10,000 TOTAL FEES & CHARGES $165,000 TOTAL TAXES $136,000 TOTAL GENERAL REVENUE $302,000 12 Impact of Building 100 Elderly Tax Credit Apartments Phase III-- Ongoing, Annual Effect That Occurs Because Units Are Occupied A. Local income and Jobs by Inciustry Local Business Wages & Number of Industry ocal Wages Salaries per stry Local Income Owners' and Salaries Full -time Local Jobs Income Job Supported Construction $46,200 $16,500 $29,700 $49,000 1 Manufacturing $400 $0 $300 $51,000 0 Transportation $7,600 $1,100 $6,500 $36,000 0 Communications $105,700 $36,500 $69,200 $73,000 1 Utilities $29,500 $11,600 $17,900 $84,000 0 Wholesale and Retail Trade $286,900 $54,000 $232,900 $32,000 7 Finance and Insurance $64,400 $5,700 $58,700 $76,000 1 Real Estate $680,100 $598,700 $81,400 $51,000 2 Personal & Repair Services $102,300 $47,500 $54,800 $33,000 2 Services to Dwellings / Buildings $16,500 $3,300 $13,300 $33,000 0 Business & Professional Services $174,100 $49,000 $125,200 $49,000 3 Eating and Drinking Places $69,300 $9,300 $60,000 $20,000 3 Automobile Repair & Service $31,100 $9,500 $21,600 $33,000 1 Entertainment Services $21,700 $6,300 $15,400 $34,000 0 Health, Educ. & Social Services $460,700 $56,700 $404,000 $49,000 8 Local Government $121,700 $0 $121,700 $51,000 2 Other $39,400 $12,500 $26,900 $35,000 1 Total $2,257,600 $918,200 $1,339,500 $42,000 32 B. Local Government General Revenue by Type TAXES: USER FEES & CHARGES: Business Property Taxes $77,000 Residential Permit / Impact Fees $0 Residential Property Taxes $100,000 Utilities & Other Govt. Enterprises $85,000 General Sales Taxes $25,000 Hospital Charges $43,000 Specific Excise Taxes $10,000 Transportation Charges $4,000 Income Taxes $6,000 Education Charges $4,000 license Taxes $0 Other Fees and Charges $29,000 Other Taxes $10,000 TOTAL FEES & CHARGES $166,000 ` TOTAL TAXES $228,000 TOTAL GENERAL REVENUE $395,000 13 Exhibit E {00001271.DOCX. 1) This Instrument Was Prepared By: Terrence A. Smith Assistant County Attorney Miami -Dade County Attorney's Office I 1 NW I" Street, Suite 2810 Miami, FL 33128 Record and Return to- Miami-Dade County Public Housing and Community Development Overtown Transit Village North 701 NW 1" Court, Suite 1400 Miami, Florida 33136 � irr��r rr�r� Puri �Er�r ir��� rrari ii��r iris �rrM Ctr N '201;3R0'119059 OR Bk 29487 P5s 4525 — 4535; (!lass) RECORDED 02/13/2013 12:08:19 HARVEY RUVINr CLERK OF COURT MIAMI —DADE COUNTYr FLORIDA MIAMI -DADE COUNTY RENTAL REGULATORY AGREEMENT WHEREAS, pursuant to Resolution No. R- 1063 -12 adopted by the Miami -Dade County Board of County Commissioners, on December 18, 2012, MIAMI -DADE COUNTY (hereinafter referred to as the "County" or "PHCD ") is authorized to loan ONE MILLION EIGHT HUNDRED EIGHTY SEVEN THOUSAND FOUR HUNDRED FIFTY TWO AND NO 1100 DOLLARS ($1,887,452.00), of Surtax funds (or another source of County funds (excluding tax- exempt bond proceeds) which the County in its sole discretion uses to fund the loan), (hereafter referred to as the "County Loan ") to SOUTH MIAMI PLAZA PRESERVATION, LLC, a Florida limited liability company, its heirs, successors and assigns (hereinafter referred to as the "Owner ") for the purposes outlined and pursuant to the conditions set forth in the Promissory Note, Leasehold Mortgage and Security Agreement, Assignment of Leases, Rents and Profits, the Loan Agreement, and the FY 2013 Request for Applications (RFA) Affordable Housing Funding Agreement between the County and the Owner and the Note in favor of the County executed simultaneously with this Rental Regulatory Agreement (the "Agreement ") (hereinafter referred to as "Loan Documents "); and WHEREAS, in connection with receipt of the County Loan, the Owner agrees to maintain the rents at certain prescribed rates, as set forth in this Agreement; and WHEREAS, the County has funded this loan with Surtax funds, however at the County's discretion at any time, including after this Agreement is recorded, the County may use another funding source to fund the County Loan, and in that event this Agreement shall endure in its entirety regardless of the funding source ultimately used to fund the County Loan. NOW, THEREFORE, for and in consideration of Ten dollars ($10.00), the promises and covenants contained in this Agreement and for other good and valuable consideration received and acknowledged as of the 24`h day of January, 2013, the Owner, whose address is 315 South Biscayne Boulevard, Miami, Fl 33131, its successors and assigns, and Miami -Dade County, a political subdivision of the State of Florida (the "County ") having a principal address of 111 N.W. First Street, Miami, Florida 33128, through its Department of Public Housing and Community Development (PHCD), or its successor department, hereby agrees as follows: Record And Return To: 1 Carmen Caneias, CtA Museum Tower, Suite 2200 150 West Flagler Street Miami, Florida 33130 PROPERTY ADDRESSES: 6701 SW 62'd Avenue, South Miami, FL 33143 LEGAL DESCRIPTION OF PROPERTY: The leasehold interest in the real property legally described and attached hereto in Exhibit A and located in Miami -Dade County (hereinafter referred to as the "Property ") DWELLING UNITS: 97 units WITNESSETH: I. Owner agrees with respect to the Property for the period beginning on the date of recordation of the Loan Documents, and ending on the last day of the thirtieth (30th) year after the year in which the Project is completed, that: a) Twenty (20) of the units must have rents which are equal to or less than 30% of annual incomes for households at or below twenty eight percent 080/A1 of median income adjusted for family size, minus tenant -paid utilities. Seventy Seven (77) units must have rents which are equal to or less than 30% of annual incomes for households at or below sixty percent (60 %) of median income adjusted for family size, minus tenant -paid utilities. Accordingly, the maximum initial approved rental rates for this property are indicated in Exhibit $ attached hereto. In the case of Section 8 units, the HUD approved contract rent is allowed. b) This Agreement shall be a recorded restrictive covenant on the Property, and all buildings and other improvements constructed or to be constructed thereon (collectively, the "Project "). The subject matter of this Agreement and the covenants set forth herein touch and concern the Property. It is the intent of the parties that this Agreement and the covenants set forth herein run with the Property. This Agreement shall be binding on the Property, the Project, and all portions thereof, and upon any purchaser, grantee, transferee, owner or lessee or any portion thereof, and on the heirs, executors, administrators, devisees, successors and assigns of any purchaser, grantee, owner or lessee and on any other person or entity having any right, title or interest in the Property, the Project, or any portion thereof, for the length of time that this Agreement shall be in force. Owner hereby makes and declares these restrictive covenants which shall run with the title to said Property and be binding on the Owner and its successors in interest, if any, for the period stated in the preamble above, without regard to payment or satisfaction of any debt owed by Owner to the County or the expiration of any Contract between the Owner and the County. c) The above rentals will include the following services to each unit: new kitchens and bathrooms including new cabinets, appliances and fixtures with all Water Sense certified faucets, toilets and shower heads, new low "E" impact windows, new window treatment/covering for each window and new marble window sill, new steel entry door and frame with two peepholes, one at standing eye level and one at seated eye level, ceramic tile baths, new air conditioning unit 2"a programmable thermostats with a minimum SEER rating of 10, cable or satellite TV hook -up, new oven, range, and Energy Star qualified refrigerator, kitchen cabinets shall be formaldehyde free with postform granite counter tops or comparable, and emergency call center in all units. The Development shall have the following amenities: an exercise room with appropriate equipment, a community center or clubhouse, a shaded picnic area with picnic tables with benches, a 100+ book library, a 7 station computer lab, with word processing, spreadsheets and assorted educational and entertainment software and at least one printer, "carded" or "touchpad" entry or security guard, 30 -year expected life Reflective /Green roofing, and laundry facilities with full size dryers and energy star qualified washers available in at least one common area onsite. d) Owner agrees that upon any violation of the provisions of this agreement, the County, through its agent, PHCD may give written notice thereof to the Owner, by registered mail, at the address stated in this agreement, or such other address or addresses as may subsequently be designated by the Owner in writing to PHCD, and in the event Owner does not cure such default (or take measures reasonably satisfactory to PHCD to cure such default), within thirty (30) days after the date of notice, or within such further time as PHCD may determine is necessary for correction, PHCD may, without further notice, declare a default under the Mortgage and/or this Agreement, and effective upon the date of such default, PHCD may: i) Declare the whole indebtedness under the Note evidencing the Loan immediately due and payable and then proceed with foreclosure of the Mortgage; ii) Apply to any court, County, State or Federal, for any specific performance of this agreement; for an injunction against the violation of this agreement; or for such relief as may be appropriate since the injury to PHCD arising from a default remaining uncured under any of the terms of this agreement would be irreparable, and the amount of damage would be difficult to ascertain. Notwithstanding the foregoing, the County hereby agrees that any cure of any default made or tendered by the Owner's Investor Member as such term is defined in the Loan Agreement, shall be deemed to be a cure by Owner and shall be accepted or rejected on the same basis as if made or tendered by Owner. Copies of all notices which are sent 'to Owner under the terms of this Agreement shall also be sent to the Investor Member at its address set forth in the Loan Agreement. e) Owner further agrees that it will, during the term of this Agreement: furnish each resident at the time of initial occupancy, a written notice that the rents to be charged for the purposes and services included in the rents are approved by the 0 County pursuant to this Agreement; that they will maintain a file copy of such notice with a signed acknowledgment of receipt by each resident; and, that such notices will be made available for inspection by the County during regular business hours. f) Owner agrees that the unit shall meet the energy efficiency standards promulgated by the Secretary of the United States Department of Housing and Urban Development (hereafter "HUD "). 11, PHCD and Owner agree that rents may increase as median income increases as published by HUD. Any other adjustments to rents will be made only if PHCD (and HUD if applicable), in their sole and absolute discretion, find any adjustments necessary to support the continued financial viability of the project and only by an amount that PHCD (and HUD if applicable) determine is necessary to maintain continued financial viability of the project. Owner will provide documentation to justify a rental increase request not attributable to increases in median income. Within thirty (3 0_)_ days of receipt of such documentation, PHCD will approve or deny, as the case may be, in its sole and absolute discretion, all or a portion of the rental increase in excess of the amount that is directly proportional to the most recent increase in Median Annual Income. In no event, however, will any increase directly proportional to an increase in Median Annual Income be denied. I11. Except as otherwise noted, all parties expressly acknowledge that PHCD shall perform all actions required w uc �ancai vy ivllaauI Wauc %.vu�ny pursuant to Paragraphs 4t, J, U all 1, hereof for the purpose of monitoring and implementing all the actions required under this Agreement. In addition, thirty (30) days prior to the effective date of any rental increase, the Owner shall furnish PHCD with notification provided to tenants advising them of the increase. IV. Occupancy Reports. The Owner shall, on an annual basis, furnish PHCD with an occupancy report, which provides the following information; A) A list of all occupied apartments, indicating composition of each resident family, as of the end date of the reporting period. B) A list of all vacant apartments, as of the end date of the reporting period. C) The total number of vacancies that occurred during the reporting period. D) The total number of units that were re- rented during the reporting period, stating family size and income. E) The Owner shall upon written request of PHCD allow representatives of PHCD to review and copy any and all of tenant files, including but not limited to executed leases and tenant income information. V. Inspections Pursuant to 42 U.S.C. § 12755, the Owner shall maintain the Property in compliance with all applicable federal housing quality standards, receipt of which is acknowledged by the Owner, and contained in Sec. 17 -I, et seq., Code of Miami -Dade County, pertaining to minimum housing standards (collectively, "Housing Standards'). A) PHCD shall annually inspect the Property, including all dwelling units and common areas, to determine if the Property is being maintained in compliance with federal Housing Quality Standards and any applicable Miami -Dade County Minimum Housing Codes. The Owner will be furnished a copy of the results of the inspection within thirty (30) days, and will be given thirty (30) days from receipt to correct any deficiencies or violations of the property standards of the Miami -Dade County Minimum Housing Codes or Housing Standards. B) At other times, at the request of the Owner or of any tenant, PHCD may inspect any unit for violations to the property standards of any applicable Miami -Dade County Minimum Housing Codes or Housing Standards. The tenant and the Owner will be provided with the results of the inspection and the time and method of compliance and corrective action that must be taken. C) The dwelling units shall contain at least one bedroom of appropriate size for each two persons. VI. Lease Agreement, Selection Policy and Management Plan Prior to initial rent -up and occupancy, the Owner will submit the following documents to PHCD: A) Proposed form of resident application. B) Proposed form of occupancy agreement. C) Applicant screening and tenant selection policies. D) Maintenance and management plan which shall include the following information: 1. A schedule for the performance of routine maintenance such as up -keep of common areas, extermination services, etc. 2. A schedule for the performance of non - routine maintenance such as painting and reconditioning of dwelling units, painting of building exteriors, etc. 3. A list of equipment to be provided in each dwelling unit. 5 0 4. A proposed schedule for replacement of dwelling equipment. 5. _ A list of tenant services, if any, to be provided to residents. The Owner agrees that the County has the right to refer eligible applicants for housing. The Owner shall not deny housing opportunities to eligible, qualified families, including those with Section 8 Housing Choice Vouchers, unless the Owner is able to demonstrate a good cause basis for denying the housing as determined by PHCD in its sole and absolute discretion VII, Financial Reports A) Annually, the Owner shall transmit to the County a certified annual operating statement showing project income, expenses, assets, liabilities, contracts, mortgage payments and deposits to any required reserve accounts (the "Operating Statement"). PHCD will review the Operating statement to insure conformance with all provisions contained in this Agreement. B) The Owner will create a reserve for maintenance to be funded $300 per unit per year. This reserve may be combined with reserve accounts required by any other parties making loans to Owner and will be deemed satisfied by any deposits made by Owner in accordance with loan documents which contain a maintenance reserve requirement of at least $300 per unit per year. V)ti, Action By or Nntice to the. rminty Unless specifically provided otherwise herein, any action to be taken by, approvals made by, or notices to or received by the County required by this Agreement shall be taken, made by, given or delivered to: Department of Public Housing and Community Development 701 N. W. 1 Court 14`x' Floor Miami, Florida 33136 Attn: Director Copy to: Miami -Dade County Attorney's Office 111 N.W. 1 Street Suite 2810 Miami, Florida 33128 or any of their successor agencies or departments. IX. Recourse: 6 Is In the event of a default by the Owner under this Agreement, Lender shall have all remedies available to it at law and equity. X. Rights of Third Parties: Except as provided herein, all conditions of the County hereunder are imposed solely and exclusively for the benefit of the County and the United States Department of Dousing and Urban Development ( "HUD ") and their successors and assigns, and no other person shall have standing to require satisfaction of such conditions or be entitled to assume that the County or HUD will make advances in the absence of strict compliance with any or all conditions of County or HUD and no other person shall under any circumstances, be deemed to be a beneficiary of this Agreement or the loan documents associated with this Agreement, any provisions of which may be freely waived in whole or in part by the County or HUD at any time if, in their sole discretion, they deem it desirable to do so. In particular, the County or HUD make no representations and assume no duties or obligations as to third parties concerning the quality of the construction by the Owner of the Property or the absence therefrom of defects. (SIGNATURES APPEAR ON THE FOLLOWING PAGES) ail IN WITNESS WHEREOF, County and Owner have caused this Agreement to be executed on the date first above written. OWNER: SOUTH MIAMI PLAZA PRESERVATION, LLC, a Florida limited liability company By: South Miami Plaza Manager, LLC, a Florida limited liability company, its managing member STATE OF FLORIDA ) ) :SS COUNTY OF MIAMI -DADE) The foregoing Rental Regulatory Agreem n w sq� n tto, subsc`rAed d acknowledged before me this day of January, 2013, by 1 IV J'�, as V 1 CQ of South Miami Plaza Manager, LLC, a Florida limited liability company, the managing member of SOUTH MIAMI PLAZA PRESERVATION, LLC, a Florida limited liability com any, on behalf of the limited liability company. &She is personally known to me or has produced identiEgqApa Q�,'��t4,2D/ O y. o. sFn :. * s .x `�„ : Qx `4vy,9� •;�.,+� .. o���� Notary PUb11C uc, 5�p; ���`� State of Florida at Large My commission expires: V kib( q, ZO 1 W 2 MIAMI -DADE COUNTY, FLORIDA By: COUNTY MAYOR OR DEPUTY MAYOR ATTEST: • ,., G..MM js HARVEY R ,VVIN,,C ERK 61q'; °� s� j�o °�n` Z i COUNTY BY: DEPUTY CLERK w EXHIBIT "A" LEGAL DESCRIPTION Tract "F" of UNIVERSITY GARDENS SUBDIVISION NO. 3, according to the Plat thereof as recorded in Plat Book 102, Page 19, of the Public Records of Miami -Dade County, Florida. r"I' m EXHIBIT B Rents; OR BK 28487 PG 4 535 L-AST PAGE Number of Units Type 1W :. Gross Rent Utility Net Rent 10 Studio:: - <! $321 ($59) $262 10 1 bedroom/1 $344 ($78) $266 bath• 38 Studio "' ` 93?i r';sy $688 ($59) $629 39 1 bedroom/ 1 .11".51; s $738 ($78) $660 bath` At the discretion of the County, up to twenty percent (20 %) of the rental units, per project, may be designated for Housing Choice Voucher (Section 8) subsidy, either project -based or tenant -based, based upon adopted County policies uniformly applied. The Owner shall not deny housing opportunities to eligible, qualified Housing Choice Voucher (Section 8) applicants referred by the County, unless good cause is documented by the Owner and submitted to the County. NOTE: the above Net Rents exclude resident options such as cable TV, washers /dryers and/or security alarm systems. If provided, these options would be at an extra charge to the residents. LOAN DOCUMENT INFORMATION TO BE PROVIDED FOLLOWING RECORDING OF MORTGAGE Mortgage Document No: Date Recorded: Book Number: Page Number:_ County: MIAMI -DADE State: FLORIDA 02502854 v3 0 Exhibit F {00001271.DOCX.1 } 2011 CRTtt>:BSAL CYCLE - LOCAL GO\rfiILNNEENT %TRIFICA720N nUTDEI'ELOPJIENT IS CONS ISTENI'lti' UZONLNCAND LAND USE REGL2ATIO tS Nmite of Development! South Stiomi Plats Preservation (thrsra.Xt.ofte NIII.tnvMICtest,lpptcitaa) Devel opmenl Location: 6701 SW 62 Avenur, South (At 3mltw n preside the t sktW=Ipedby the QmtedSetaPmntSen two suItad . Fen ri&nthe Win t4uoe.cloun&I(p dWaseraaaznt rscory it lxvcd 1416: petaorMsitd 2m of the County.) Tie tuldersipied Local Com mlcut official cortfrrim that on or before the Application Deadlint: for die 2011 Mversaf Applicnilon Cycle (ns stated on Ute FHFC NVebsite itip), npps. AoridnitotisiD g.ora/Stnu(lAlouck'WC ECNI /CalreutPagenspx9PAGE =0233); (1) 7henuntbetofunits (not buildings)alto»vdfor this developntcnt site (ifrestrlcted)is: 97 tudlar )fir, PUD, the number oftuOs (trot bmldiags) allowed per dveiopntent site (s: or ifnot a PUD and devciopntcut silo is subject to existing spee)ml rte or shstitnr pessnil, atuuixr of rails nUosved for Utisdcvelopnicut site is: ; and (1) T11c zoningdesignotion for die refcmiced Davelopnsmt site is RM -18 Low Density Mi; Residential ;and (7) •rite Wended rta is consislctit with current ImA use rcgubtious mid Use sefcreaced zoning deslgstatian or, if rte T) •en lo To the best of try Lstosvlydge, then are uo additional Land use tegutatfou bearings or approvals rcto obtahs die touiug classification ordrnsity destdbed hcrcua. Assnutistg oitiptlance svids the applicable land use regulations, there arc ` no known conditions which would prtclude construction or rehabilitation (as the case nuy bc) of the referenced Developnitat as thepropuscd site. CERMICATION 1 certify tbat Utc Chy /Cotmly of South btrami has vested is me the authority to verify eawistcacy with local (and use regulations and the zoising dcsignntiat specified above or, if die Development consists ofrchabilitallon, Use tnhalded use is allowed as a IcS311y %icni- coufaradn$ usc" and I fwthercwifythat the fotegoing inforoadion is true mad correct. In addition, if die proposed Dcvclopmrnt site is in the Florida Keys Arca as dcGacd is Rule Clupters 67.21 and 67.49, P.A.C., I liullitr twify that Use Applieuit has obtained die neceasaty Mic of Groxvdt Ordinutce �T cati nT nsdier,yr =stC3 vesnmeun. (�J i Christopher Brim, AICP 5tprtntutc Priut or Type Name Planning Director Print or Type Title Tiut 4;atincodon anut be signed by the "ticabir Cites or Coanryt Mcctor of Msm:faQ usd Zooiag, rfucr sppocatd olDcL'd (:tour) irrp itubta ror detceasitution of iuves ivbttd in eompitht itivo plinaing and zoning. City Mvizger, or Cowty hum .rga /Adnuniurata- /Cootd'iaattx, Sipuhua (tow tocAdeviedof fid4ft Air not atcrptabt e. not meolhctripvtories. Iftherwi4cxiwis applicable to.this Dot'elopouvt"it U ia;ppropnutrly signed, die App'geatiaa hill Gil to meet dutiboid. Irtut erniGutioo contains <vaeetions or'u(site.cul %of irit is sctm ed. Emerged, atttvrd, or iet)ped. the focal viii not be coasidaed and thr ,*Ucatiattuid fail to uuet dirmhold The emiilcmion tuy be photocupinL Provide Behind a Tab L.-belcd "Exhibit JV uuots�, 2.1!> a.0 Nttixil: errti wtitxafAC. y.. 2011 UNIVERSAL CYCLE - LOCAL GOVERNMENT VERIFICATION OF STATUS OF SITE PLAN APPROVAL FOR MULTI -FANULY DEVELOPMENTS Nano of Devclopnxuk South Miami Plaza Preservation .o trru r 1604) Development Lwntiont 6701 SW 62 Avenue, South Miami, F1odda 33147 (Ala mkinsuq pro%ide the 2ddfess amigacd by IM Wkd Suit% P0513) SMice, beIUU%1116 attdtest number, sattt wan and city, or ittbe address it%% a.n )et beta auisocd, proa ide( 1) The stmtname, closest dtsipaMinteructloasad city iftotaledMthaacityor( G) The streetmar,a'osendtsigmtedi oruviioamA County if locaw in the uniocowaltd area of the CMW.) Zouing Desigslatiou; R &t -18 Low 13cnsity Multi - Family Residcntiai Mark the nppiicable stalemesn; L O The above - referenced Development is new cottstntetion or rehnbililntion with new consttucdott and the final site plot, bt the zoning designation stated above, was approved on or before the Application Deadline for the 201.1 Universal Application Cycle (as stated on the FHFC Website hilpJ/ apps .tloridahousitng.org/StandAloue /FHFC ECivUCoittentPage .nspxlPAGE =0238)byactionof the (Upplly Amb"iW Body1). 2. The nbove-txfenniced Development is new constniction or rehabilitation wilh new coltstniction and (i) (iris jurisdiction provides either preliminary site plait approval or concephtal site plat approval which NIS been issued, or (ii) site plat approval Is required for tit* new cottstniction work; however, this jurisdiction provides neither prelintimmy site plat approval nor conceptunl site plait approvnl, nor is any other similar process provided prior to issuing final site phut approval. Aliliougli there is ito preliminary or coltcephinl site pine atpproval process and the final site plan approval has not yet been issued, the site plat, in the zoning desi'gitatiott stated above, tuts been reviewed. The necessary cipproviWftvle was peil'onnied vii or befoiti ilie Application Deadiaie for bite iu" i i Universal Application Cycle (as stated on Uie FHFC Website http :! /apps.tloaidaltotuittg orir/Stnncifllo>te/EHFC HCt�f/ComtetttPnge.asp t'JPAGE =0233) by Planning & Zoning Department (ieptlyautborized Body') OThe above-referenced Development, in the zoning designation stated above, is rehabilitation without nny new constntetion and does not require additional site plat approval or similar process, 4 ,U&i ly AtgNri W Bait'' Is not an EWi%idiuL Applicant naut state the mule orthe ChYCouaclf CouoryConmt[ssloo iioud Dtparrmtor, Di<islog tic., p th aU6Mtyo%W 3mh ironen. CERTIFICATION i certify that tlto Civeounty of South Miaui has vested in me Use authority to verify status of site pine approval t) a6a0tc3y «c«.�) ass iced ove and I fiuihcr certify dint the iuformnlion stated above is true and correct. 4 Christopher Drimo, AiCP; Planning Director isnahi Pratt or Typo Natue sold Title TlJs wificatioa rmst be sigxd by the VpIkabte City's or Couaty% mector of Planning and Zoning, chid appoirdcd omcui (sari) raponsalt tbt deteratia.: timofissuesrel aredtosite Plan approt al, City htawgtr, orCouoFjbtalsagerlAdnvnntrarorrCoordinator. Signarorafromlocal41McdoW, arcnot xcevaw, nor arc ot11u sivutories. if this eerti@tation is applicabk to tbis Dt%Vtopoxm lard it it j43yX4txia9ety signed, be App&catioo will bit to nvd tLlaboll if this certficuion corsibu eorrNWns or'wtritt•ow', or it it is scamxd, tangtd, 3hered, m fct)yed, the roam 15ill not be coasidatd lad ne Applicat on will G l to meet ibrerhotd The «atiaeation onybepbolocopkd. Provide Behind a Tab Latxlcd "Exhibil 26" UA1016 (Rev. 2.11) 67480"jX+7 6T•21.00M)(A). FA.e. Exhibit G {00001271.DOCX.1 } NOTICE OF PROPOSED BROWNFIELD DESIGNATION REPRESENTATIVES FOR RUDG, LLC., WILL HOLD A COMMUNITY MEETING ON TUESDAY, JULY 9, 2013, FROM 5:00 P.M. TO 6:30 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 6701 S.W. 62 "D AVENUE, SOUTH MIAMI, MIAMI -DADE COUNTY, FLORIDA 33143, AS A BROWNFIELD AREA PURSUANT TO §376.80(2)(B), FLORIDA STATUTES, AND DEVELOPMENT AND REHABILITATION ACTIVITIES ASSOCIATED WITH THE POTENTIAL DESIGNATION. THE COMMUNITY MEETING WILL BE HELD AT THE SOUTH MIAMI PLAZA APARTMENTS COMMUNITY CENTER BUILDING, 6701 S.W. 62ND AVENUE, SOUTH MIAMI, MIAMI -DADE COUNTY, FLORIDA 33143, AND IS FREE AND OPEN TO ALL MEMBERS OF THE PUBLIC, FOR MORE INFORMATION REGARDING THE COMMUNITY MEETING, INCLUDING DIRECTIONS, OR TO PROVIDE COMMENTS AND SUGGESTIONS AT ANY TIME BEFORE OF AFTER THE MEETING DATE, PLEASE CONTACT MICHAEL R. GOLDSTEIN BY TELEPHONE AT (305) 777 -1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A., 1 SE 3RD AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND /OR BY E -MAIL AT MGOLDSTEINI@a GOLDSTEINENVLAW.COM. {00004970.DOC. i } EM >> 7Q MWIE M 0 RA N D. U M DAM SUBJECT M June 21, 1589 Inspection of Supreme J ?riming Z am recommending that a Notice of Violation be issued to the owners /operators of this facility requiring a site assessment and complete clean -up of the affected, areas (septic tank and drai:nfIel:d) Also, as a check with Ben Nwadike of the wastewater sacti.on confirmed that sewers are available in the vicinity of this facility (as an. 81, gravity line extends along Sc�3 62 Avenue), T. am also recommending that the facility connect to the sanitary DGtlrh dgordon /supreme cc: HazardMls Facilities Section ' 19107475; pagB— of METROPOLITANDADECOUNTY, FLORIDA MVP.o,-pA,.0,Z:tE)4.TEA INCIDENT REPORT ENV40NMANTA6 ill, 0 $I I MW Addreofs., '677 pity Zj DaW R v pt T 7- '4 A- i5 !��� -� �� >�...�..� ���.,- ....>a tom. �= � r � . � ,;-,:: � -��v, pagB— of Type of Waste, Generated (Check one or moreI A (e d v waste oil Solvents ' Stearn m "i Dry Cleaning Iliquids, Transmission Fluid coolant Pigments k'o-'Oth q7,- east (PI specify F1. Wit; r , XT, WASTE DISPOSAT. Type of Alaterfi a Stored (Cbeck one o.- more) " �"gf' W LIQUID W ST I< (tiil, $dlvbn'ts, l Tihn6missloh SOLID WASTE (BAttdri& hemicals F, : ... luid Wash Voter. etc'J . i c E mpty c bOTrIlc4I ort :Rags . Y , . I - - I .. �: I . T-YPq .'. !T�y N Name. `Address Frequency Frequency. -P f of J? pop,er of a ........ .... . :rPQf : of p r0per p SLVDGF W A s TE (Still -Bottom Treatroe OTHERMNST or peon O y6t�"m Sludge,* le r t 1 `Name I! Add rase . Addre.ss Frequency Frequency. Rroof of Proper DrjSPo5ai Proof of ,Propei Vsposal_ S. P R C I A L AREA: Airport Medley City of 511ami West Mismi Coral Cables North Miami oi Revised 10 Miami Beach Opa TiocRa South Dade LandUP11 58th Street Landfill North Dade Landfill Miami River F'5.0 131s(myne Bay County Por , t of imlar.11 Homeatead METROPOLITAN DA CClU&Ii n A.''i'i7' • 7 �IY�lp}1�71TAS.iB AlisPiAOLtEiTffT SUiT�.t �f D itt H.W is ATRbET IAiMAI, f'40t1t0A 3Jt28.tPT1 t?aS) �t$xlTa NoTI08: To. WARECT_ 3':ASTB `DUMPIKG VI0tATION QIMLI FED 'HAIL NOV. iYdljl RRHEREBY: ORDERED TO IMMEDIATELY I+I)N `Pitcrniore, pursgant to eet3rin Stl iA ?, you are b6e oby put do Ngtice that on or hefalc 1 .1989 you are to "correct Sow vlow TION Sind NOTIFY. THE APPROPRi :TE DIVISION ;as :checked below. Fnilure "ta cease 'the VIOLATION arldlor .ir►i #late appraved" r.orreative actions shall result. otz f vernal com»lnin #s being fled aein in a court of camlc #et`jtrislctiari for eeeh' anal Lavery clsy tt>.at you permit mntl mafntain eaid VIOLATIQ �nfter. the date stipulated above lie adviIsed dint Depairtment'sppriivtil is required `PRIOR to undertaking facility modificatio ?is or onyironmental.remedultion, PLEASE GOVERN YOURSI I,E ACCORDINGLY. Jobn W.. Renfrow, P.: E., Director ENVIRONMENTAL RESOURCES MANAGEMENT By- (print) Title Pollution Control Divislon En forcement Division Hazardous Waste Section L,- C"omplianre Section , Storage Tank Section _ Hazardous Facilites Sectior 'Tele=858-0601 Telellxone: 375-3376 w z w N to ' w � I z O N - -� SOUTHWEST 68th STREET LejZal Description Tract "F ", UNIVERSITY GARDENS SUBDIVISION No. 3, according to the Plat thereof as recorded in Plat Book 102, Page 19, of the Public Records of Miami -Dade County, Florida. (00004961. DOCX. 1 ) MIAMI HERALD NEIGHBORS CALENDAR • CALENDAR, FROM 125E MiamiHerald.com/ calendar learn and experience with the whole Search hundreds more events family! in your area and beyond. Magic is in the air as summer starts to unwind. Be enchanted by a day of tricks and whimsical wonder, parties, with concession stand & full Design a magic wand and cast your bar available for private groups. For own sunny spell In the Magic City. additional information, contact 12 p.m. Aug. 10. HistoryMiami, 101 Director Christine Rupp at the Coral W. Flagler St., Downtown Miami, Gables Museum. Free. 305- 375 -1492. www.hislory 12 p.m. Aug. 8. Coral Gables miami.org/learning- programs/ Museum, 285 Aragon Ave., Coral family -- children - programs/ Gables. $3 plus museum admission. fa milt'- tun - days /. 305 -603 -8067. Films at Miami Tower Double Fea- coralgablesmuseum.oig. ture: 5 p.m. reception; 6:15 p.m. Preferred Medical Plan Health Fair screening of "A Better Life' (O.S.A., Preferred Medical Plan is hosting a 2011) about a Mexican single parent health fair on Saturday, August 10th in East Los Angeles; 8 p.m. "in- from loam - 4pm. Health screenings, cend[es" (Canada /France, 2010) nutrition information, arts & crafts, shout twins who lourney 1n the activities, back to school supplies, Middle East to discover [heir family domino tournament, live entertain - history ment, food trucks, and much more, 6:15 p.m, Aug. 13, Miami Tower 10 a.m. Aug. 10. West Gables auditorium, 19th floor, 100 SE Second Rehabilitation Hospital, 2525 SW St., Downtown Miami. Free. 15th Ave., Coral Terrace. FREE. Astrid 305 - 684 -4564. Casimiro 305- 648 -4029. www.miamijazzsocielycom. Second FRIDAY., Our normal Second Golf In the Gables at the Coral Saturday event will be combined Gables Museum: The Gables' big with the final show of our Creative three: the Granada, Biltmore & Arts Summer Camp on Friday, Riviera golf courses, have attracted August 9thl golf pros & enthusiasts since the Come see and enjoy the talents City's early years to today. This and creativity of our students who exhibit of historical photos from the have spent 8 weeks learning differ - 1920s to present features famous ent art techniques. They will exhibit golfers oh rural Gables greens, & their artwork in the galleries and video highlighting Golf in the Gables perform their music and dance & Junior Orange Bowl Golf Champi- pieces in the sanctuary. unship. Curated by Arva Moore Parks 4 p.m. Aug. 9. ArtSoulh Cultural with assistance of Coral Gables Center, 240 N. Krome Ave., Home - native & championship golfer Tracy stead. Free. 305- 247 -9406. Kerdyk. Sponsors include The Wolf- wwwartsouthhomestead.019. son Foundation & the Biltmore Hotel. Sensory Saturday: One Saturday a 12 p.m. Aug. B. Coral Gables month, 9 am -11 am Miami Children's Museum, 285 Aragon Ave., Coral Museum will turn into an environ- Gables. Free with museum admis- ment designed specifically for sion. 305.603 -8067, children with special needs and their mralgablesmuseum.org. families. Miami Children's Museum AM WYNWOOD'Share YOUR WILL be closed to the public to avoid Wynwood' Photo Contest:. This Is a large crowds, while providing modi- call for Wynwood community fied lighting, sound adjustments and members - fans, friends and families "cool down" rooms available for - to share their personal Wynwood children to relax in. Special program - experience with all of us, ming will include yoga, art and Professional photographers have music therapy and more. Admission captured Wynwood, illustrating its ° for this special event will be at ' brilliant artistic faA §ades. We want reduced rate of $6, to go deeper, into the crowd Rood- Pre - registration is required, ing the art galleries, into the water- 9 a.m. Aug. 10, Miami Children's ing holes and eccentric restaurants, Museum, Watson Island, Watson. $6. into personal conversations and 305- 373 -5437 ext. 126. unforgettable celebrations. www.miamichiidrensmuseum. How to Enter: Visit https. // org /visitAensorysaturday.html. www.facebook.com /IAmWynwood Summer Kids Club at Mall of the for complete contest details. Americas: Kids are invited to Center 12 a.m. Aug. 9. Wynwood Arts Court to enjoy educational activities, District, 2555 NW Second Ave., interactive entertainment and Wynwood. FREE. playground. Prizes awarded, in- https: /Iww .facebook.com/ Eluding movie tickets to AMC IAmWynwood. Theatres. Mini -Golf at the Coral Gables Muse- It a.m. Aug: 8. Mall of the Amer - um: Don't let your summer get stuck icas, 7795 W. Flagler St .,. free, in the rough[ Visit the Coral Gables 305- 261 -8772. Museum & play on a one-of -a -kind wvimmalloftheamericas.com. mini -golf course created by top Summer savings Pass: Lion Country architects, landscape designers and Safari, Miami Seaquarium, Museum contractors of Miami. Challenge of Discovery and Science and Zoo friends &.family to a round of golf in Miami offer this pass, which gives air - conditioned comfort. Regular buyers unlimited admission to all museum hours & admission apply. four attractions through Sept. 30. Great for business & after -work 9:30 a.m. Aug. 8. Miami Seaquad- um, 4400 Rickenbacker Causeway, Key Biscayne. $55 plus tax; $45 plus tax for kids. 305 -361 -5705. www.summersavingspass.com. ARTS & CRAFTS Teen Art Workshop & Discussion: This is the last program in the Jewish Museum of Florida -FIU & MOCRs Women on the Rise[ program series focused on art and open discussion. This discussion will open dialogue to allow teens and parents to share their thoughts, feelings and chal- lenges about coming of age in an ever changing world. Presented in conjunction with the exhibit, "Bat Mitzvah Comes of Age." Geared for teens and parents. 6 p.m. Aug. 14. Jewish Museum of Florida -FIU, 301 Washington Ave., Miami Beach. Free. 786.972 -3175. mnf f'li nd,_/ alnnria �/ The Dollhouse Miniature Club: Discover your inner creativity in these dollhouse miniature work- shops at which displays and diora- mas are created in various scales. Register early. 10 a.m. Aug. 10, Saint Johns Episcopal Church, 145 NE Tenth St., Homestead. $25; monthly member- ship, 786- 371 -3116. www.miniaturesforlhesoul. yolasite.com. •TURN TO CALENDAR, IBSE K SE THURSDAY, AUGUST 8, 2013 1 135E Public Hearing The Florida Department of Transportation (FDOT) will host a Public Hearing for an intersection safety project along SR 994 /Quail Roost Drive at SW 117 Avenue in the City of Miami. 6 p.m. • 8 p.m. Wednesday, August 14, 2013 Southrldge Park 11250 SW 192 St, Miami, FL 33157 For information about this meeting or project, please contact Public 1 forn,+;^- Q I IN^ r^ —4 PonGI eon nn90 . IIICILIVII VPUI CIHOL L1111V 1011rIV CIL %q VI) YVV -VVOU Vr e -mail her at Lillie.carrero @atectrans.com Visit www.fdotmiamidade.com for project information. Your attendance at this meeting is encouraged. Public participation is solicited without regard to race, color, national origin, sex, religion, disability or family status. Persons who require special accommodations under the Americans with Disabilities Act or persons who require translation services (free of charge) should contact Brian Rick by telephone at (305) 470 -5349 or by writing to him at the FDOT, 1000 NW 111 Ave., Miami, FL, 33172, or via e-mail at Brian. Rick @doLstate.fl. us. NOTICE OF PROPOSED BROWNFIELD DESIGNATION REPRESENTATIVES FOR SOUTH MIAMI PLAZA PRESERVATION, LLC, WILL HOLD A COMMUNITY MEETING ON TUESDAY, AUGUST 13, 2013, FROM 2:00 P.M. TO 3:00 P.M. FOR THE PURPOSE OF AFFORDING INTERESTED PARTIES THE OPPORTUNITY TO PROVIDE COMMENTS AND SUGGESTIONS ABOUT POTENTIAL DESIGNATION OF PROPERTY LOCATED AT 6701 S.W. 62ND AVENUE, SOUTH MIAMI, MIAMI -DADE COUNTY, FLORIDA 33143, AS A BROWNFIELD AREA PURSUANT TO §376.80(2)(B), FLORIDA STATUTES, WITH THE POTENTIAL DESIGNATION. THE COMMUNITY MEETING WILL BE HELD AT THE SOUTH MIAMI PLAZA PRESERVATION COMMUNITY CENTER BUILDING, 6701 S.W. 621,11) AVENUE, SOUTH MIAMI, MIAMI -DADE COUNTY, FLORIDA 33143, AND IS FREE AND OPEN TO ALL MEMBERS OF THE PUBLIC. FOR MORE INFORMATION REGARDING THE COMMUNITY MEETING, INCLUDING DIRECTIONS, OR TO PROVIDE COMMENTS AND SUGGESTIONS AT ANY TIME BEFORE OF AFTER THE MEETING DATE, PLEASE CONTACT MICHAEL R. GOLDSTEIN BY TELEPHONE AT (305) 777 -1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A., 1 SE 3AO AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND /OR BY E -MAIL AT MGOLDSTEIN@GOLDSTEINENVLAW.COM. Page: NabesSE_6, Pub. date: Thursday, August 8 Last user: cei rA4;. Icr C—Iii— n „toss 1011-11 Q-A) A..., + A NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS DESIGNATING BROWNFIELD AREA NOTICE IS HEREBY GIVEN that the City Commission of the City of South Miami, Florida, will hold a public hearing on September 17'x', 2013, at 7:00 p.m. in City Chambers at City Hall, 6130 Sunset Drive, South Miami, FL 33143, in order to consider adoption of the following resolution for three separate properties: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, MAKING CERTAIN FINDINGS; DESIGNATING REAL PROPERTY LOCATED AT 6701 SW 62 "" AVENUE, SOUTH MIAMI, FL 33143, A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(B), FLORIDA STATUTES, FOR REHABILITATION AND REDEVELOPMENT FOR THE PURPOSES OF SECTIONS 376.77 — 376.86, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE AND ALL OTHER PURPOSES. The location and folio number of the proposed Brownfield Area are as presented on the map published with this notice. If any person decides to appeal any decision made by the Commission with respect to any matter considered at the public hearing, that person will need a record of the proceedings and that for such purpose affected persons may need to ensure that a verbatim record of the proceedings is made and that such record small include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk of the City of Miami at least 48 hours prior to the meeting at (305) 663 -6340 or mmenendez(@southmiamifl.g_ov. i i i i t w . z� c5 r w w O N {00005252.DOCX. 1 ) El = PROPOSED BROWNFIELD AREA SOUTHWE57:GGlh STRkET..,_.__.._..........,._ ..,.,...................._.. Statutes & Constitution :View Statutes : Online Sunshine Page I of 5 Select Year: 2012 Go The 2012 Florida Statutes Title XXVIII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.80 Brownfield program administration process.— (1) A local government with jurisdiction over the brownfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77 - 376.86. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less - detailed map accompanied by a detailed legal description of the brownfield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the governing body shalt adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3)(c)2. For counties, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 125.66, except that the notice for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b)2. (2)(a) If a local government proposes to designate a Brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated Brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing. in determining the areas to be designated, the local government must consider: 1. Whether the brownfield area warrants economic development and has a reasonable potential for such activities; 2. Whether the proposed area to be designated represents a reasonably focused approach and is not overly large in geographic coverage; 3. Whether the area has potential to interest the private sector in participating in rehabilitation; and 4. Whether the area contains sites or parts of sites suitable for limited recreational open space, cultural, or historical preservation purposes. http: / /www.Ieg. state. fl. us / Statutes /index.cfm? App_ mode = Display _Statute &Search_String... 9/10/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 5 (b) A local government shall designate a brownfield area under the provisions of this act provided that: 1. A person who owns or controls a potential brownfield site is requesting the designation and has agreed to rehabilitate and redevelop the brownfield site; 2. The rehabilitation and redevelopment of the proposed brownfield site will result in economic productivity of the area, along with the creation of at least 5 new permanent jobs at the brownfield site that are full -time equivalent positions not associated with the implementation of the brownfield site rehabilitation agreement and that are not associated with redevelopment project demolition or construction activities pursuant to the redevelopment of the proposed brownfield site or area. However, the job creation requirement shall not apply to the rehabilitation and redevelopment of a brownfield site that will provide affordable housing as defined in s. 420.0004 or the creation of recreational areas, conservation areas, or parks; 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permittable use under the applicable local land development regulations; 4. Notice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subparagraph must be made in a newspaper of general circulation in the area, at least 16 square inches in size, and the notice must be posted in the affected area; and 5. The person proposing the area for designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment of the brownfield site. (c) The designation of a brownfield area and the identification of a person responsible for brownfield site rehabilitation simply entitles the identified person to negotiate a brownfield site rehabilitation agreement with the department or approved local pollution control program. (3) When there is a person responsible for brownfield site rehabilitation, the local government must notify the department of the identity of that person. If the agency or person who will be responsible for the coordination changes during the approval process specified in subsections (4), (5), and (6), the department or the affected approved local pollution control program must notify the affected local government when the change occurs. (4) Local governments or persons responsible for rehabilitation and redevelopment of brownfield areas must establish an advisory committee or use an existing advisory committee that has formally expressed its intent to address redevelopment of the specific brownfield area for the purpose of improving public participation and receiving public comments on rehabilitation and redevelopment of the brownfield area, future land use, local employment opportunities, community safety, and environmental justice. Such advisory committee should include residents within or adjacent to the brownfield area, businesses operating within the brownfield area, and others deemed appropriate. The person responsible for brownfield site rehabilitation must notify the advisory committee of the intent to rehabilitate and redevelop the site before executing the brownfield site rehabilitation agreement, and provide the committee with a copy of the draft plan for site rehabilitation which addresses elements required by subsection (5). This includes disclosing potential reuse of the property as well as site rehabilitation activities, if any, to be performed. The advisory committee shalt review any proposed redevelopment agreements prepared pursuant to paragraph (5)(i) and provide comments, if appropriate, to the board of the local government with jurisdiction over the brownfield area. The advisory committee must receive a copy of the executed brownfield site rehabilitation agreement. When the person http: / /www.Icg. state .fl.us /Statutes /index.cfm ?App_mode= Display _Statute &Search_String... 9/10/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 5 responsible for brownfield site rehabilitation submits a site assessment report or the technical document containing the proposed course of action following site assessment to the department or the local pollution control program for review, the person responsible for brownfield site rehabilitation must hold a meeting or attend a regularly scheduled meeting to inform the advisory committee of the findings and recommendations in the site assessment report or the technical document containing the proposed course of action following site assessment. (5) The person responsible for brownfield site rehabilitation must enter into a brownfield site rehabilitation agreement with the department or an approved local pollution control program if actual contamination exists at the brownfield site. The brownfield site rehabilitation agreement must include: (a) A brownfield site rehabilitation schedule, including milestones for completion of site rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the parties to the agreement. (b) A commitment to conduct site rehabilitation activities under the observation of professional engineers or geologists who are registered in accordance with the requirements of chapter 471 or chapter 492, respectively. Submittals provided by the person responsible for brownfield site rehabilitation must be signed and sealed by a professional engineer registered under chapter 471, or a professional geologist registered under chapter 492, certifying that the submittal and associated work comply with the law and rules of the department and those governing the profession. In addition, upon completion of the approved remedial action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local taws and consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk -based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfietd site rehabilitation and the department agree upon, that are consistent with ss. 376.77- 376.86, and that wilt improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost - effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements http: / /www.Ieg.state.tl.us /Statutes /index.cfin ?App _mode= .I.)isp]ay _Statute &Search_String... 9/10/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of 5 for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets alt certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shalt allow 90 days for the person responsible for brownfield site rehabilitation to return to compliance with the provision at issue or to negotiate a modification to the brownfield site rehabilitation agreement with the department for good cause shown. If an imminent hazard exists, the 90 -day grace period shalt not apply. If the project is not returned to compliance with the brownfield site rehabilitation agreement and a modification cannot be negotiated, the immunity provisions of s. 376.82 are revoked. (9) The department is specifically authorized and encouraged to enter into delegation agreements with local pollution control programs approved under s. 403.182 to administer the brownfield program within their jurisdictions, thereby maximizing the integration of this process with the other local development processes needed to facilitate redevelopment of a brownfield area. When determining whether a delegation pursuant to this subsection of all or part of the brownfield program to a local pollution control program is appropriate, the department shall consider the following. The local pollution control program must: (a) Have and maintain the administrative organization, staff, and financial and other resources to effectively and efficiently implement and enforce the statutory requirements of the delegated brownfield program; and (b) Provide for the enforcement of the requirements of the delegated brownfield program, and for notice and a right to challenge governmental action, by appropriate administrative and judicial process, which shall be specified in the delegation. The local pollution control program shall not be delegated authority to take action on or to make decisions regarding any brownfield site on land owned by the local government. Any delegation agreement entered into pursuant to this subsection shalt contain such terms and conditions necessary to ensure the effective and efficient administration and enforcement of the statutory requirements of the http: / /www.leg.state.fl. us/ Statutes /index.cfin ?App_-nocle= Display _Statute &Searcll_String... 9/10/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 5 brownfield program as established by the act and the relevant rules and other criteria of the department. (10) Local governments are encouraged to use the full range of economic and tax incentives available to facilitate and promote the rehabilitation of brownfield areas, to help eliminate the public health and environmental hazards, and to promote the creation of jobs and economic development in these previously run -down, blighted, and underutilized areas. (11)(a) The Legislature finds and declares that: 1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community and the quality of life for communities, including for individuals living in such communities. 2. The community health benefits of brownfield site rehabilitation and redevelopment should be better measured in order to achieve the legislative intent as expressed in S. 376.78. 3. There is a need in this state to define and better measure the community health benefits of brownfield site rehabilitation and redevelopment. 4. Funding sources should be established to support efforts by the state and local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, to evaluate the community health benefits of brownfield site rehabilitation and redevelopment. (b) Local governments may and are encouraged to evaluate the community health benefits and effects of brownfield site rehabilitation and redevelopment in connection with brownfield areas located within their jurisdictions. Factors that may be evaluated and monitored before and after brownfield site rehabilitation and redevelopment include, but are not limited to: 1. Health status, disease distribution, and quality of life measures regarding populations living in or around brownfield sites that have been rehabilitated and redeveloped. 2. Access to primary and other health care or health services for persons living in or around brownfield sites that have been rehabilitated and redeveloped. 3. Any new or increased access to open, green, park, or other recreational spaces that provide recreational opportunities for individuals living in or around brownfield sites that have been rehabilitated and redeveloped. 4. Other factors described in rules adopted by the Department of Environmental Protection or the Department of Health, as applicable. (c) The Department of Health may and is encouraged to assist local governments, in collaboration with local health departments, community health providers, and nonprofit organizations, in evaluating the community health benefits of brownfield site rehabilitation and redevelopment. History. —s. 4, ch. 97 -277; s. 3, ch. 98 -75; s. 11, ch. 2000 -317; s. 2, ch. 2004 -40; s. 44, ch. 2005 -2; s. 7, ch. 2006 -291; s. 5, ch. 2008 -239. Copyright 0 1995 -2013 The Florida Legislature • Privacy Statement • Contact Us http: / /www.Ieg. state. fl. us / Statutes /iiidex.cfni? App_ mode = Display— Statute &Search_Striiig... 9/10/2013 MIAMI DAILY BUSINESS REVIEW Published Oaily except Saturday. $enday aM Logal HNidays Miami, Miami -Dade County, Florida STATE OF FLORIDA , COUNTY OF MIAMI -DADE: - Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the ' LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING TO CONSIDER - ADOPTION OFF RESOLUTIONS DESIGNATING BROWNFIELD AREA ('.�' " ry` C}�5D } in the XXXX Court ,�...AT- 1 f.Y JI was published in said newspaper in the issues of .. . 09106i2013 ' Affiant further says that the said Miami Daily Business ... Review is a newspaper published at Miami in said Miami -Dade„ " County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) .. and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County. Florida, for a Period of one yea next preceding the first publication of the attached copy. of advertisement; and affiant further says that he or .. she has neither paid p:..prem' ed any person, firm or corporation ' any Mount, r e. commissio or refund for the purpose . Of s rtisemenl .or publication in the said wspaper. . orn to a ubscribed before me this .. - Oc day of SEPTEM13EPI A.D. 2013 " (SEAL) MARIA MESA personally known to me MERCEDES ZALDIVAR i MY COMf.AISSION FF029736 o ...S '. EXPIRES June 20. 2017 ...... . po�I gee -ot,; -o�dxxc a�scr�cc.com MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - SEPTEMBER 17, 2013 in the XXXX Court, was published in said newspaper in the issues of 09/06/2013 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r Ion or refund for the purpose of sec s dvertisement for publication in the said Savor and subscribed before me this 06 day of SEPT R A.D. 2013 (SEAL) MARIA MESA personally known to me MERCEDES ZALDIVAR * MY COMMISSION #FF029736 : "rFOF tioQ EXPIRES June 20. 2017 " "' "' 91915a glwidal,lotarvService,corn Miami Herald Page 1 of 1 Publication: Miami Herald; Date: Sep 8, 2013; Section: Nbrs - South East (Pinecrest, Coconut Grove, Fa. MIAMI HERALD I MiamiHerald.com M _ _ SE SUNDAY, SEPTEMBER B, 2013 1 7SE Select a Service Sunday Discount SelectaSurTday .SOUTHMOTORSI .H. US-1 & SaA 161 Street in Miami I (8W)475-7-61% I souult ondamrn , �17's`) CITY OF SOUTH MIAMI COURTESY NOTICE ND7110E IS HERE W ypxn shut au Chy Caanisavl of the Gry of Sarah K-4 Fbdda oaf r duct PLt& Hoo iwA at it. legate, City Caren ohm meeting ad-U.d For Tueadey, Sephmbee 17, 201% beginmmng at 7d10pm., 61 the city Comodsaon Chmobenn 61309maet Cave, to ... Ide, ao fics- ingaem(H: AP— lution- 6- irirng the Cf Menage to erdoirno eeontmctwith Bemado purr .do,F. eked his Gm, LkbW,, Co et- & Pordaondo, Pk, for —ices as —Rent in --lion with the Gay of Sash Miamis comps ce with the SEC* older dorm May 22,201& A Ffaotuticn of ffie City of Sarah pAc ni rdfa9og m a r.q-".t to allow for the reu- fi- of p .der t through 5, on property apocifiea%y located at 0150 SW &rah Street; 0120SVJ 00th StrW-.and 0040 SW 00°Stmet. SoA Miami, Horki —dwran RS-'d; Low D —Fry Sfnrl.-Famdy 11"drntial Zanhg 0i trf as panndtad by pavisiore pertaining to'yyaiva of Pfor' set taut h Section 20 -42�} of the City of Sank MirrA Land Davdopment Code, and Section 284 of the Morni -D-1e Conty Code; I. the purpose of earnabuctiq five tmar sfide family tomes rrd pv"V for alegA d—won. A f teseLtos tdae tdayo aM t`+ty Carerias;m either Cdy of Sadh MiamA, Fkxida, makiig oaLlin tnd"uipa; de Sg sting real popsy looted A 0701 SW 02-Avenue, S-1h W—i FL 33144, o Brownfield Hera ptmeu dto SMtJM370.00(2ybX Flarda Stomes, for relohitrtm{on a rd mdevrbpnvnt for she wpwm of Sect -rare 370. 77- 370.ed, Florida$fatties, pro icfr�g m effective dale and ad otfer prposea. An Ordronoe Anncodng See. 10.14(ak Sea 10-10; Sea 10.19; Sec. 1 13-22; ad Soc. 10 -23, Ot The South L11-4 Pension Man To Pravxte For Compllaz Wdh The Mond Bevan Ode. An Orxfdnanre r LAM 1. e roq a iw oh mrcadn crd to the City of South K net C r�prdrcmF+e RA r Lard Use Map. ame ndeg the Agency mood property asaenbFaga gene� otened to w the M-%- Sguora ra&iakp —A braA I.S. rxrrA— 09. 4025 -WO-OM 03J02 &ggPO052, and 09-1025446.0000, from the arrant lard on dos Wm6on of S`ng"F b Resldm5d to Wki -Fa y R."crd.1, to char for eddfoal .esid -IW 6-115 g and. within the M.&— Sq— Menad4l.e Dmdwrrent M.3oct. An Q.dkia— mW d m a re Wu M a —iq, map amendment to to Gy of Sash MFim1 dfi'-W Goring map, to ae-aun the Agency owned poperty assembloge referred to us the Madison Squarer redevelop ant (weal), folio mrnhers 09-41M-000-0550; 09-4025-000-0452; and 0&4025.00.5.0090, from a wort 7anhg de lgnof n of'RS -4' (Single- Famayg to the - RM -18' (Loco C—ity M.P.1 -Fundy flesidenfe$ M allow Ia ad&ticnel reaidrnfial dwelling unite Within to Mod era Sgsare Maed Usa Devabpmad Braced ALL3ntoented pries a- a k tad toattod and wig be heard. For fur0ermlormeaal, ptease contact thoCiyCl rk's Office m:8o5.0o5 d3a. M.Ll M. Mener kz. CMC City sax Petard to Fbridr ShL4oi a0d01W, Ore Cdy hueby ad*xo ma poW ut d a plasm dmi$w to VqW any dream metier by tier 8- 1%Agar ywC —nmai awah reap A lobar a i. .m V or mouu he or d. oat mod arava of en poo.*V; ass tot br such wposa,anaY.ad f°' son need to mare tat. � —d d the pro —drgc lr mach . ich re—d basses aw trrXmwry sndayss — Wan wNzh uo appal B b b lame. http : / /digital.olivesoftwai-e.com /Default/ Scripting /PagePrint .asp ?skin =MiamiA &AppName... 9/13/2013 National Grandparents D, Honoring our Grandparents on Sunday, September 8th Remembering My Grandfather on His 1001 Birthday in leading per miearedjanrds, surh as, lhs Journal of the American MerEratAnotietim : and The American Journal ofFkgdiatry. many of s Ns erodes can be touMCeYire�f!e versa _ fxerurmor in Docboconw6sive KI) and ltppasis tkarapes In 1961 he became a thaws life ;;s;'jE •. Member at Mt Sinai kfaspitat where he sent .don stall ami prU606p lchiatrymbl the Cady 199w. IhmughM Idsyeas practidtgmedala he had ' lespftat privileges at SL Fr..6. fbapibL North Slane Fhsptarand north Miami General m addition to Wsloal. As sat in ftwaitkgroom, I thought of Grander &ys name in ft* lobby of the Oe I firsdt Mayer lower " hrrw farmDddne has wma,in . pan,from people Gke Nit Gm�ddy&ad in4IXfl at the age' of rirely. Fie wit t Fn fw a cam¢ iperadm, murhliia Ua one Iyastohaw -but M 97CAMMUNJEWa SLS01 rarer woks up. As fa back W l can remanbahe CAMFBONSISSEAOGNA[LCO M Thrssinmer, at 0>a age of thrrty,Ihadmyvery always wax He talkedabouthowbr tadtiwdr firsiswgM .Itwaswdyindxmwrvngwdktourd withifance!ewasinhsthirlit 11 saidto- mymlfintbamwdhmyladw (kivinJaayssthe etch ruodlaarase of the sevedly of the herniae Julia TuB!a CausewaysbaigM imoatlad Omirous surgery badthen. Medicine hasaAarroJ d.Wttet —rood to engulf all of Miami Leach W- yeanhomert- mg amHatherwasinhis irduding Mt Sinai Hospital where l was about to ttddf&Itmakes mowmmx dbehadeceived Ov here irgi'd harva surgery. Just as weentared sera quick hatmfa f. I W. ifI would still be here the GunarickAmbulatory Surgid Carter to beery- Way roses hismehundmdth LeNday. ens opened up a rd it began to pow ordyas it an Iwig renwbor mygsadfatherIorWfipd do in Miami ma kouidJutymonirg, Sitting in the walks on NtrmandyShpes W Clobin seemb of waiting mwn,tercoua about stegery, l toed mysett gdr bags. (a leaArng ma W thine, fw making me rmPecteg unite, gmrdtadrt, MelmSimonsoq do mdtipliratimnbhw at a my yougage and M.D. tGrarshdadlyr. ad his pmfessioal and civic irutilling in me morals bxhdirga scars of - inuohementonllRamigealt. wluleetism. He re wspoke mudt but,.Amho P.om on tha wastskie ofWcago in 1913, Gmnd• rid h roead mmeth'ig.He washwn a dffgrw &641 = tho;nd -1 a1 bramlquo M;. ante u._ zm __4.az�--K by ac -t%P5 Btlwania and Pdard. Ifs often a poke about tar typing "a noleson his tpevrtilm l remanbet he he std newapaaprs dothgossGreetilepessmn would ronuism about [is childhood VvMN up in on buvtSbbStmet dodghq in am! M.1 balker Pdxhiare, on the border of Mictigam end Ird- tocaw mmey to buy. sul for his graduation. No Ho took are to W.brarmilsand gadoings on intended NoNrmntem Ufrrmsity and int-W at Miami Beach whm,he spent Cone posting for mom Cook County OweralHospital after which hewers fineen a pace set mom pad Do the Bear. H. .ousiptai ito Ua US Army &4hj WmldMr revaaspoke lnwolyofarryama. His fifes lesson tt He specialized in psychiavyard naudogy and were many. He raised four CN010 and always at one time attanlWas one of ft pystuars for managed to find. way tobelp his s Prtatdent Rooseell at Walter Reed Hmpital .lie gradd04ert when he taught in "fun way;. finished hismidoryat South Beach ticapital He gave me sbengA and guwdarce as ontya where he real. Me More wife, May Marino Ahod, grandparent Is— how hrgre.OntHsGandpa- aregisteredrums, They me mamWaM mom ads Day l ask that woall take lime to mr—ber bad to Chicago belme thewaremded vfiae he got ourtgandparents. Most of all l am ppdto cad a position with the VA FD*W in D- my, HtinoiL Mrlvinsimasmrmycmnddadly! Graakladtyoddybecama poet of Staff of to IWry nmaratyaf.1 GranlparemsFWlh - Psy ,Netry aw Neuiology. lnfhemid 19Tshe Lassnor, Maxinesimonsm, Mehin simonsoo, ,.q —bed a transfer to ft VA Hospital In Ca al Max Sisser and Manny Lester. Gables, Florida, nowThe Dili bmwe Hotel. Ha taught psychiaby at the Wherrity of Mami atJaclswr... ... Mempral Hospital add in 19% opened an offi.in North hFiarni as "' It two practicbg psydrabists in the Aframi amv.Crad&ddywas well pubfishod ADKAi67 http : / /digital.olivesoftwai-e.com /Default/ Scripting /PagePrint .asp ?skin =MiamiA &AppName... 9/13/2013