Loading...
17CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven J. Alexander, City Manager South Miami h:tld ;urr 200"1 From: Christopher Brimo, AICP Planning Director Date: September 17, 2013 ITEM NO.fl- 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 of2 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 playa critical role in the successful rehabilitation and redevelopment of the Subject Property but also in the larger revitalization effort .f9r the community in which the Subject Property is located." It 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. 1 RESOLUTION NO. ___ _ 2 3 4 A Resolution of the Mayor and City Commission of the City of South Miami, 5 Florida, making certain findings; designating real estate as a brownfield area 6 pursuant to section 376.80(2)(b), Florida Statutes, for rehabilitation and 7 redevelopment for the purposes of sections 376.77 -376.86, Florida Statutes; 8 providing an effective date. 9 10 11 WHEREAS, the State of Florida has provided, in Ch. 97-277, Laws of Florida, which is 12 codified at Ch. 376.77 -376.85, Florida Statutes, for the designation by resolution, including at 13 the request of the person who owns or controls one or more real estate parcels, of a "brownfields 14 area" comprised of such real estate parcels, to provide for their environmental remediation and 15 redevelopment and to promote economic development and revitalization generally; and 16 17 WHEREAS, SOUTH MIAMI PLAZA PRESERVATION, LLC ("SMPP"), has entered 18 into a Ground Lease Agreement with Miami-Dade County, the owner of an approximately 2.499 19 acre parcel of land located at 6701 SW 62 nd Avenue, South Miami, FL 33143, with legal 20 description as set forth on Exhibit A and as depicted on Exhibit B (the "Subject Property"), for 21 the purposes of rehabilitation and redevelopment as a 61,364 square foot apartment complex for 22 elderly residents with a 3,411 square foot community center (hereafter referred to as the "South 23 Miami Plaza Preservation Site"); and 24 25 WHEREAS, SMPP has requested that the City Commission of the City of South Miami, 26 Florida, designate South Miami Plaza Preservation Site as a "brownfield area" pursuant to 27 section 376.80(2)(b), Florida Statutes; and 28 29 WHEREAS, the Mayor and City Commission of the City of South Miami, Florida have 30 reviewed the relevant criteria that apply in designating a "brownfield area," as specified in Ch. 31 376.80(2)(b), Florida Statutes, and has determined and finds that South Miami Plaza 32 Preservation Site qualifies for designation as a "brownfield area" because the following 33 requirements have been satisfied: 34 1. SMPP controls the real estate proposed for designation and has agreed to rehabilitate 35 and redevelop it; 36 2. The rehabilitation and redevelopment of the South Miami Plaza Preservation Site will 37 result in economic productivity of the area and provide affordable housing as defined 38 in s. 420.0004; 39 3. The redevelopment of the South Miami Plaza Preservation Site is consistent with the 40 City's comprehensive plan and is a permittable use under the City's Zoning and Land 41 Development Code; 42 4. Proper notice of the proposed rehabilitation of the SMPP has been provided to 43 neighbors and nearby residents, and SMPP has provided those receiving notice the 44 opportunity to provide comments and suggestions regarding the rehabilitation; and 45 5. SMPP has provided reasonable assurance that it has sufficient financial resources to 46 implement and complete a rehabilitation agreement and redevelopment plan; and {0000546I.DOC. 1 } 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 ofCh. 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 MA YOR 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 this __ day of ,2013. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: CITY ATTORNEY Commissioner Welsh: {00005461.DOC. 1 } 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 {00005461.DOC. 1 } 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 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. {00005461.DOC. 1 } (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 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 ofreleases 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; {00005461.DOC. I } 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 {00005461.DOC. 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. (ll)(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.- (l) 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. 1 } 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 the current conditions of the plume, provided human health, public safety, and the environment 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. 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 ofthe 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 environment are protected. When using alternative cleanup target levels at a brownfield 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 } 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 1.; 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 1.0E-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. 1 } 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 postclosure 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 {00005461.DOC. 1 } 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. 288.1 07. 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. {OOOOS461.DOC. 1 } (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. G) 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; {00005461.DOC. 1 } 2. Did not participate in the operation or management of the activities III 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- 376.85, no additional site rehabilitation shall 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 {00005461.DOC. 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 {0000546I.DOC. 1 } THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, BrownJiefds, Cleanups & Compliance June 26, 2013 Via Email & U.S. Mail Mr. Steve Alexander, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 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 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 Pursuant to Chapter 376.80(2)(b), Florida Statutes Dear Mr. Alexander: On behalf of South Miami Plaza Preservation, LLC ("SMPplI), 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 {00004922.DOCX. 1 } lvfr. Steve Alexander, City Manager June 26, 2013 Page 2 a critical role in the successful rehabilitation and redevelopment of the Subject Property but also in the larger revitalization effort for the community iti which the Subject Properly is located. In light of these facts and circumstances, we respectfully rC<juest that the Office of the City Manager review the enclosed Statement of Eligibility and bring this application for a brownfield area designation before the South IvIiami 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. Thank you. V cry truly yours, THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. M~~ lvIichaclK Goldstein /mrg End. cc: lvfr. ChristopherBtimo, AICP,Planhing Director South lvIiami Plaza Preservation, LLC {00004922.DOCX. 1 } 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. 62nd 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 satisfies this first criterion in that it (i) controls the Subject Property b virtue of a Ground Lease with the propertY owner, Miami-Dade Coun!), dated December 5,2011,' (ii) is hereby requesting Ihal the Subject PropertY be designated as a brownfield area,' and (iii) agrees 10 redevelop and rehabilitate the Subject PropertY. A copy of the Ground Lease can be found as Attachment B to this Eligibili!) Statement. Documentation evidencing landlord's ownership oj 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 mil/ion, itse(j satigies this criterion. However, as demonstrated b the National Association oj Home Builders (''NAHB ',), in its landmark stucfy issued in March 2010, The Loml Eronomit' ]mpad qf T,ypim/ HOllsing Tax Credit Develo,pmenls (hereinafter the "NAHB Report'), the anticipated direct and indirect financial npple efficts of the Project are also expected to reslllt in mqjor economic productivi!) of the area.2 More specificallY, the NAHB Report I A complete copy of Section 376.80(2)(b), Florida Statutes, can be found as Attachment A to this Eligibility Statement. 2 www.nahb.org/ file Upload dctails.aspx ?con tc n tTypeID -3&conlcntI D -35601 &subContcntID -26 50H {0000497I.DOC. I } concluded that in its first year alone a 100 unit aiJordable housing communi(y 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 elderlY tax credits development will go on to prodllce $2.3 million in local income and other revenue for local governments, and 32 ful! time eqllivalent local jobs on an annllal, reClIning basis Moreover, based on its prior experience with projects of a similar magnitllde, the Applicant estimates that when flllIY developed the Project will have sllj>ported approximatelY 25 temporary jobs for constmction. AdditionallY, local small bllsinesses will also benefit annuallY, with carpet companies, landscapers, washer/ dryer companies, painters and other vendors hired to maintain the SlIo/ect Property. J To that end, the Applicant estimates that approximatelY $506,000 will be spent ill annllaloperating costs for the Project and SlIbject Proper{y, a portion of which will be reinvested in the commu1li(y.-I 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 II [t]he 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." The Applicant sati.ifies this third criterion ill that the Project's illtended lise is, in fact, consiste1lt with the local comprehensive plan and a pennittable use under the applicable local land development regulations. See Attachment F. 4. Public Notice and Comment. Florida Statutes § 376.80(2) (b) (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 designa tion 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. II The Applicant sati.ifies this fourth criterion i11 that it contracted to post the reqllisite notice at the Suo/ect Proper(y and publish the requisite statutory notice in the Miami Herald. Notice I?Y posting will ocCtlr the week of JulY 1, 2013, and I?Y publication on JulY 5, 2013. In addition, the Applicant will hold a communi(y meeting on J lilY 9, 2013, at the S uo/ect Proper(y itself for the purpose of providing those receiving notice additional opportllni(y for comme1lts and suggestions about rehabilitation. For a copy of the notice to be posted and pllblished as required I?Y stat lite, please see Attachment C. The Applicant will submit evidence of actual posting and publicatioll to the Ci(y ollce both forms of notice have been completed. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes § 376.80(2)(b)(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 NAHB Report. 4 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 lv1iami-Dade County public records on February 13, 2013 enclosed as Attachment E. {00004971.DOC. 1 } 2 designation has provided reasonable assurance that he or she has sufficient financial resources to implement and complete the rehabilitation agreement and redevelopment plan. II The Applicant satisfies this fifth criterion in that it has seCllred all of the constmction and permanent financing necessary to fund the project as reflected in the following matrix: Construction Financintr Fundinf{ Source Amount Sale of uw Income H ousinJ!. Tax Credit Equity to Bank of Ameri,'(J $2,759,315.00 Tax Exempt Bonds Cons/mclion uanfrom Bank of America $8,831,268.00 uanfrom Miami-Dade COllnty (Surtax uan) $1,887,452.00 Total $13,478.035.00 Permanent Financing Funding Source Amount uw Income Housing Tax Credit EquifL $11,037,259.00 uanfrom Miami-Dade Coun!), (Surtax uan) $1,887,452.00 Total $12,924,711.00 In addition, the Applicant and its qffiliates have over a 30-:year track record of sllccessflllIY financing, building, redeveloping, and rehabilitating projects like the one that is the SIII?;'ect of this designation request, including over 10,000 units of affordable hOllsing in Florida. II. Project Meets Definition of "Brownfield Site" in § 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 be 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, the key aspect of this final level of analysis is whether the property that is the focus of the designation request falls within the defmition 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 5 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 I 3 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.6 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 anyon-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 tOO 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 ~1iarni-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 levels of phenols and silver. Accordingly, formal site assessment was recommended in the areas of the septic tank and associated drainfieJd. It is currently unknown if the contamination in question was ever fully remediated. {00004971.DOC. 1 } 4 Exhibit A {00001271.DOCX. 1 } 376.80 --2012 Florida Statutes -The Florida Senate Page 1 of5 The Florida Senate TITLE XXVIII CHAPTER 376 NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE POLLUTANT DISCHARGE PREVENTION VIEW ENTIRE CHAPTER 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 55. 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.19J).041, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.04"' (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 (I), 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. 420.0004 or the creation of recreational areas, conservation areas, or parks; http://www.flsenate.gov/iaws/statutes/2012/376.80 4117/2013 376.80 --2012 Florida Statutes -The Florida Senate Page 2 of5 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 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/20 12/3 76.80 411712013 376.80 --2012 Florida Statutes -The Florida Senate Page 3 of5 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. 376.8"L 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 411712013 376.80 --2012 Florida Statutes -The Florida Senate Page 4 of5 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 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. http://www.f1senate.gov/laws/statutes/20 12/3 76.80 4/17/2013 376.80 --2012 Florida Statutes -The Florida Senate Page 5 of5 (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 Journalsor printed bills of the respective "".mbers should be consulted for offldal purposes. Copyright e 2000· 2013 State of Florid •. http://www.f1senate.gov/laws/statutesI2012/376.80 4117/2013 Exhibit B {00001271.DOCX. 1 } • 0. .. ' . 1 . GROUND LEASE Dated as of[ ('Out ~ ~O) \] . between MIAMI-DADE COUNTY Landlord and Tenant • .¥ .' ,: ." •• ~,; ", .~ ': .' :""~' •• -:' '-;"' : .~ .. ~.:"::~: .; ... ~. '::. ',",.:' ': .... : ... ,' ':' ..... ~. ;',': 'ri'~. ';: " '.' ••• ':' " •• ; ,:':: .•..•.. :.: .••. ~:':': ~. f'~ .: ..••• : '.:' .••. ,'. . -" ----- ~.~ . ~7tuuJ:v I i . i I i I GROUND LEASE ~J~ THIS GROUND LEASE ("Lease"), made as . of . [~. ~ do 1\ ] (the Commencement Date) by and between the MIAMI-DADE COUNTY, aOliticaJ' subdivision of the State of Florida and a ·publlc housing agency" as defined in the United States Housing Act of 1937 (42 U.S.C. §1437 ~t seq., as amended) (Landlord), and RUDG, LLC, a Florida limited partne~hlp (Tenant). WITNESSETH: WHEREAS, Landlord is the owner of the Land (as defined below) consisting of certain real property located In M!~,!!l!:!2~!~!!!:!!¥J=lorlda, on which a portion of the public housing developments known as ~1_-I . . WHEREAS, Tenant has proposed .••• WHEREAS, T~nant Interyds to apply for Low Income Housing Tax Credits (LlHTC) .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 t~e property at the time of the application; and . WHEREAS, evidence of site control over the Property include.s a ground lease; and WHEREAS, Landlord and Tenant are willing to enter Into this lease of the Land conditioned on HFC awarding Tenant Preservation Housing Tax Credits, NOW, THEREFORE, In consideration of the premises and the mutual obligations of the parties sel 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 12.1985. 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 .. ". "':' . ' .. ' .................. ~ .. . . ............ , .. : ........ : ..................... ·.······1· ..... , ..... : ........... ;-...... ' i I ,', '! . ',' :. ':' ~:" .~: . (c) Act means the United States Housing Act of 1937 (42 U.S.C. § 1437, ot seq.), as amended from time to time, any successor legislation, and' aI/ implementing regulations Issued thereunder or In furtherance thereof. (d) Applicable Public Housing Requirements means the Act, HUD regulations there~n~er '(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 tine of thIs Lease. :(h) Declaration of Restrictive Cowmants 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 forE)closure or deed-in-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. (i) Development means, the construction, maintenance and ,operation of the Premises in accordance with this Lease. (j) Environmental Assessments means the environmental studies, reports and material c:orrespondence 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~. (CERCLA); the Resource, Conservation and Recovery Act, 42 U.S.C. §6901 et seg. (RCRA); the Toxic Substances Control Act, 15 U.S.C. §2601 et~. (TOSCA): the Clean Air . Act, 42 U.S.C. §7401 !ll seq.; the Clean Water Act, 33 U.S.C. §1251 et seq. and any so- called uSuperfund" or "Superlien" law;, as each is from time to time amended and hereafter in effect. ~ , (I) 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 ,Agreer:nent and the ACC, ACC Amendment and .Declaration of Restrictive Covenants. the ACC and the Declaration of Restrictive Covenants shall.govern. ' 3 'j ! ! ! I ~ . : •• " ....... " .~~ ...... ~.":.~." .......... ' •••• ~".' : •• :........ . ....... "t,' .-...... -.... . -'. " ........... ; .. , ........ ~ . ---~ ..... ~ (n) Hazardous Substances means (i) "hazardous substancesD 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); (Ii) "hazardous wastes,D as defined by RCRA; (iii) any hazardous, dangerous or toxic chemical, waste, polh,ltant, material, element, contaminant or SUbstance ("pollutanr) 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 cruda' 011 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 reauthorizations thereof; (vi) asbestos- containing materials In ~ny (ann 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 tlma and regulations promulgated thereunder; (ix) substances the presence of which requires notification, investigation or remediation under any Environmental Laws; (x) urea . fonnaldehyde foam Insulation or urea formaldehyde foam fnsulatlon-contalnlng materials; (xi) lead-based paint or lead-based palnt-contalning materials; and (xii) radon or radon- containing or producIng materials. (0) HUD mea,!s the United States Department of Housing and Urban Development. '(p) Improvements means all repairs, betterments, bulldings and improvements hereafter constructed or rehabilitated on th~ Land, including without limitatIon the rehabilitation of the exIsting units, and any additional parking areas, walkways, landscaping, fencing or other amenities on the Land. (q) Land means that certain real property located In an unincorporated portion of Mlaml- Dade County, legally described in Exhibit A. together with all easements, rights, privileges, licenses, covenants and other matters that benefit or burCien the real property. , (r) Landlord means Miami-Dade County, a political subdivision of the State of AorJda 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 12th month of that year; thereafter, each successive twelve-calendar month period follOWing the .explration of th~ first lease 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 Vear 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 limiteq to, all heating, air conditioning, plumbing, IIghtJng, 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 i 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 an(J 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 .Iease 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 Prope~. (z) Public Housing Units means not more _II 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. . (ce) 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 tiUe to,. access to, or use of the Premises or any portion thereof by any governmental authQrity or any conveyance under the threat thereof, for any public, or quasi-public use or purpose. A Taking may tie total or partial, permanent or temporary. . (ff) Tenant means J.I~~, a Florida limited partnership. (99) 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 L1HTC. (hh) Total Taking has the meaning set forth In Section 6.2(c). 1.2. Interpretation. The words "hereof," "herein," "hereunder,P 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. . . 5 ... ,.; ........ . ........ -........ ',' ....... :-.. " .... -, :." .': ........ ,. ' ... ·.v . _ .... ,. .... ',' .', ..................................... _.~ ....... " ARTICLE II PREMISES AND TERM Landlord leas~s and demises to Tenant and its successors and assi9~s, subject to and with the benefit of the terms, covenants, conditions and provisiQns of this Lease, the , Land for the Term 'unless sooner terminated In accordance with the provisions contained In this Lease. ' ARTICLEm 3.1 c/o Housing and Community Development, 701 N.W. 1st Court, 16th Roar, Miami, Rorlda 33136, or at 'such other place and to such other person as Landlord may from time to time designate in writing, as seHorth 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~on of this Lease by the passage of time or otherwise, Tenanr will quietly yield, surren~er 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 termi(1atlon of this lease, Landlord sha!1 be deemed Tenant's agent 10 . 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 'tehnlnatlon of this Lease, the :r enant shall pay to Landlord a charge .for each day of occupancy after expiration or termination of the Lease in an.am'ount 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 payor 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 ...... , ...•..... " ......... ~ ow.·.· ... . ~ . . '. . ' ....... \ ' ....... _.' .•... ;. _ .... ~ .. : ; .' .. '.,. '" .......... " .... _,'. ~-,,'. ....... , 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 payor 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 payor discharge the foregoing, Landlord shall have all the rlghts, 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 Lease 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 aU 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 attorneys' fees which may issue thereon, provl~ed, however, nothing herein contained shali obligate or ,hold Tenant responsible for any claims or actio!,,!s stemming from Landlord's and/or Its offlce~', employees' or agents" sale misconduct or sale neg,ligence. 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 Responsibility and Representations. 7 (a) Except to the extent that an environmental condltton Is aggravated or exacerbated by the negl!gent 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 a/l costs and expenses incurred in connection there~lth 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 (iI) the failure of Landlord or Its agents or contractors prior to the Commencement Oate to comply with any Environmental laWS relating to the handling, ~atment, presence, removal, storage, decontamlnatlon" cleanup, transportation or disposal of Hazardous Substances into, on, under or from the Premises at any time, whether , >, •••• : ", .', •••••••••• ,'._ •••• .-•• __ .-....... _ .... . " ............. : .......... ":'" .-•• '0 .......... __ .00 •••• • ............ ", •••••• 0 • ••••••• ...... •••••• ..." •• ' •• ,',' ",' .................... .. 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, liabilities or an obligation to perform any work, cleanup, removal, repair, construction, alteration, demolition, renovation or Installation In or in connectIon with the Premises (Env;ronmental CI9anup Work) In order t9 comply with any Environmental Laws; (~) 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 9le~mup Work on or in connection with.the Premises, and neither Landlord, Its agents or employees has ever been infonned of any threatened or proposed serving of any· such notice of violation or corrective work order; and (f) except as may be referenced In the Environmental Assessments, ~nd to the best of Landlord's knowledge. no part of the Land Is affected by any Hazardous Substances contamination, which for purposes h~reof, shall mean: (i) the contaminatJon of any Improvements, facilities, soil. subsurface strata, ground water, ambient air, biota or other elements on or of the Land by Hazardous Substances, or (/I) the contamlnatfon of the buildings, facilities, soli, 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. 8 (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 Tencmt It being provided, however, that Tenant shall have the right to contest the validity thereof. Tenant shall not have any right. authority or power 1<;> bind Landlord, the Premises or any other interest of the Landlord in the Premises and will payor cause to be pard 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, lien or security interest incurred in connecUon 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 THERE~F WiTHIN NINETY (90) ! j ! ••• \ •••• ~ •• _ .............. _ •••••• w ............. _ ••••• ...... .--,.. .',"~."' ••••• "0' -.--............. -',-" ........ ' .......... ' •• '0 ..... ~: ....... _.. • • .~ • .' •• _.ow: ' ••. __ ...... 0 ._ .. , ... ~. "."_._' 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 PERMllTED TO' POST ANY NOTICES ON T'HE PREMISES REGARDING SUCH NON-LIABILITY OF THE LANDLORD. (b) Tenant shall make, or cause to be made; prompt payment of all monies due and legally owing to a\1 persons, firms, and corporations doing any work. fumlshii1g 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 payor cause to be paid In full forthwith, any mechanic'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'immedlately pay any amount determined' in, . such proceeding to be due, and in the event Tenant falls to make such payment, Landlord shall have the right a~er 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 Of for the perfo\"lllance 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. ' 4.4 Insurance Requirements. Beginning on the Commencement Date and continuing until the expiration or earlier termination of the Ten'n, 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 certificates' of insurance satisfying such requirements as of the Commencement Date. 9 ARTICLE V USE OF PREMISES; COVENANTS 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 aU 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, Ten,ant coyenants, promises and agrees that (i) (iI) (iii) (iv) Except as otherwise provided in the Act, the Premises shall PEt 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 begins on the date the date on which the Premises becomes available for occupancy, as re,quired by Section 9(d)(3)(A) of the Act (or any succe~sor provision); , 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 modernization with public housing capital funds Is completed, as required by Section 9(d}(3)(8) of the Act (or any successor provision); 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 prpvided. as required by Section 9(e}(3) of the Act (or any successor provision); 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 Requir~ments. to encumber and benefit the Premises and to bind for the Term La,ndlord and Tenant and each of their successors and assigns and all subsequent owners of the Premises, including, without limitation, any entity which su~ceeds 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 th,e 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 conformance 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 ~uch 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 Govemlng Documents and the Permitted Leasehold Mortgage Documents, In !l 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 rehabUitatlon, 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 all 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 sale 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 acUon to effectuate any material amendments, modifications or any other alterations to the Plans and Specifications unless authorized In accordance with Goveming Documents and. all 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. 11 (a) Tenant shall, at its sale 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 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-capltal, 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 not 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, HUO's written consent thereto, which consent shall not unreasonably be withheld so long as, in Landlord's reasonable judgment and HUD's reasonable judgment (If HUD's consent is required by Applicable Public Housing Requirements) such alteration. Improvement, a!;1dition or demolition will not violate Applicable Public Housing Requirements or this Lease or Impair the value of the Property. HUO's right-under the preceding sentence shall be extinguished upon the release of the Declaration of Restrictive Covenants in favbr of HUD encumbering the Premises. 5.4 Compliance with Law. 12 (a) Tenant shall, at its expense, perform all 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 Secli~n . 5.4, Tenant agrees tb 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. se~re 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 aU third parties to comply . therewith. Ali Hazardous Substances present, handled, gef)erated 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 pf any applicable law. (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 OWnership of Improvements/Surren~er of Premises. The Improvements, Including fixtures, shall be or become part of the Premises. At the explrat!on 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 attorn to Landlord as their lessor. Upon such expiration or terminaUon, the Premises'(or portion thereof so terminated) shall become the sale 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 VI. '. Tenant acknowledges and agrees that upon the expiration or sooner termination of this Lease any and all rights and Interests It may have either at law or In equity to the Premises shal, Immediately cease. s .. a 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 ~remises. If any monetary consideration is received by Tena.nt 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: Conv~yance; 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 Leas'e a~ to aI/ 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 th~ Premises. or the Improvements. or the occupancy and use thereof. other than in accordance with Applicable Public Housing Requirements and this Lease (including. ~ut not limited to (i) any sale at foreclosure or by the execution of any judgment of any or all of Tenant's rights hereunder, or. (II) any transfer by operation of law), without first obtaining Landlord's express written consent thereto. 13 ARTICLE VI CASUALTY AND TAKING 6.1 Casual(\!. casualty Damage. In the event the Premises should be destroyed or damaged by , fire, windstorm, or other casualty to the extent that the Prerrlises is rendered unfit for the intended purpose of Tenant, (as detennlned 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 sale 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 !nsurance 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 ·!-Iundred Twenty (120) days, the damage shall be repaired with due diligence by T~nant to the extent Tenant receives sufficient proceeds under its Insurance poncy 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. 14 (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 party receiving such notice shall promptly gfve notice thereof to the other, anQ such other party may also appear In such proceeding and may be repre,sented by an attorney. (b) Awards. The full amount of any award whether pro tanto or final for any Taking (the "AwardU ), 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 collect/on. 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. (II) any unpaid fees or expense due to the Landlord, or 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, wiUi 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. ' 15 . (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 TaklngD ), 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%) or more of the then existing parking 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 Tenanrs 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 tennination of the Lease, the loss of the building and other improvements paid for by Tenant, the loss of Tenanrs leasehold estate and such additional relief as may be provided by law shall be the basIs of Tenanrs 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 jf only one award Is made. (d) Partial Taking. In the event of a penn anent Taking of less than all of the Premises (a ·Partlal Takingn), if Tenant reasonably determines that the continued development, use or occupancy of the remainder of the Premises by Tenant cannot rea~onabry 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 Tel'lant-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 sucti reduction of rent, Tenant waives any claim for damage to or loss of Its lE!asehold estate, all of such award being payable to Landlord, who shall use so much thereof as may be necessary to restore the Prem.ises 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 accon1Pllsh 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 sdditlonal 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. (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 r~spective costs for such determination. Landlord shall not agree to any settlement in lieu of condemnatfon with the condemnil')g authOrity without Tenant's consent. I· I ; I ••• "'.~' ... ;: ... -.: ........... r."' '" ~ • " _: ." ........... ",. '" (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. ~ total or partial condemnation either permanent or temporary. is proposed by any competent authority. Tenant shall be under no obligation to col1)mence or continue construction of the building and other Improvements and rent and other charges •. if any, payable by Tenant under the Lease shall abate untl! 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.~ Termination upon Non-Restoration. Following a Partial Taking. If a decision is made pursuant to this Article VI that the ·remainlng portion of the Premlses·is not to be restored. Tenant shall surrender the entire Premises to Landlord and this Lease shall thereupon be termInated without lIabllity·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. 6.4 Conflict with ACe. In the event of a conflict between any of the provisions of this Article VI and the . proviSions of the ACe, as amended by the AeC Amendment, the ACe and the ACe 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 ~o: As-Is. Notwithstanding anything to the contrary contained herein, upon Tenant taking possession of the Premises, Tenant shalt be deemed to have accepted the Premises In its uas-is" and "where-Is" condition. with any and all faults. and with the understanding 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. 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 L1HTC to an Investor, this lease shall t~rminate. . 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 ~re no existing mortgages, deeds of trust, easements, liens, security Interests, encumbrances andlor restrictions encumbering L~ndlord'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, ea~ement. lien, security Interest, encumbrance andlor restriction except for an encumbrance that expressly provides that It Is and shall remain subject and subordinate at a/l Umes in lien, operation and otherwise to .thls Lease and to all renewals, modifications, amendments, consolidations and replacements hereof (including new leases 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 tit/e to be encumbered or lIened in any manner whatsoever, and Tenant may reduce or discharge any such encumbrance or lien by payment or ott)erwise 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.. Sucl1 recovery or ·reCOl,Jpment 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 rights of way as may be necessary or appropriate for the Premises. 7.3 Landlord's Title 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 Tenn, without hindrance or molestation by or on the part of Landlord or anyone claiming through Landlord. Landlor~ 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 title 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 partles shall be released from further liability. 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) (b) (c) (d) 18· if Tenant fails to pay when due any Rent or other imposittons due hereunder pursuant to Article III (except where such failure is addressed by another event described In this Sectio," 8.1 as to which lesser notice and grace periods are provided). and any such default shall continue for thirty (30) days after the receipt of written notice thereof by Tenant from Landlord; or . 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 fall 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 completes .the curing 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 If any representation or warranty of Tenant set forth in this Lease,.in any certificate delivered pursuant hereto, or In any notice, certifi~te, demand. submittal or request delivered to Landlord by Tenant pursu.snt 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 if Tenant shall be adjudicated bankrupt or be declared Insolvent under the Federal Bankruptcy Code or any other federal or state 'Iaw (as now or hereafter In effect) relating to bankruptcy. Insolvency, reorganization. wlnding- 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 TriJstee 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;,(c) ma~e a general assignment for the benefit of Its creditors; (d) file a petition commencing a voluntary case under or seeking to take advan.tage of a Bankruptcy Law; or (e) f~iI to controvert in a 19 , 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 ~nd 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 commen~d 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 Sb:!tes Trustee or liquidator (or other similar official of Tenant) of any substantial portion of Tenant's property, or,(e) any similar relief as t~ Tenant pursuant to Bankruptcy Law, and any such proceeding or case shall continue undismlssed,' 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 ' ' (t) 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 make~ any sal,e. conveyance. assignment or transfer In violation of this Lease. I I ! ~: l ! i 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 any notice provided under Section 8.1) to Tenant, setting forth Tenanfs uncured, continuing default and Landlord's Intent to exercise Its rights to terminate, whereupon this Lease shall terminate on the feonlnatlon date therein set forth unless Tenant's default has been cured before such termination date. Upon such termination, Tenant's Interest In the .Premlses 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 not/ce, 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 imposition~ 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: 20 (a) Tenant fails to obtain LlHTC from HFC within twenty-four (24) months from the Commencement Date • . (b) This Lease and the parties' obligations hereunder are contingent upon the flnal approval of this Lease by the Miami-Dade Board of County CommiSSioners, which shall be within the Board's sole discretion. (0) 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. i. Assignment of Lease by Tenant for the benefit of creditors. Ii. It Tenant is a non-profit, failure of Tenant, its successors or assigns to maintain a not-for-proflt 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). iii. 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. 8.5 Life/Safety Issues. The 'elapsement of thirty (30) caiendar 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, wlthol,lt 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 Regulatory 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 Sect/on ~.1: ' 21 (a) l.!pon a dett;lrmlnation by Landlord that Tenant has materially breached or defaulted on any of the obligations under Section8.1 (a Regulatory Default). Landlord shall notify Tenant of (I) the nature of the Regulatory Default, (/I) 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 declal1:!tory 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. (0) In, addition to and not in limitation of the foregOing. if Landlord shall determine that a !,egulatory 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 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 agen~ of the Premises. 6.8 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 th~n 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.B.1 Costs and Damages. 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. collecti.on 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 witho'ut limitation, reasonable attorneys' fees and costs) Incurred by Landlord as a result there~f. 8.8.2 Remedies Cumulative. The absence in this Lease of any enumeration of events of default by Landlord or 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 avallC\ble to It under law or in eqUity. 8.9 HUO's Rights on Event of Default. 22 (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 HUO. (b) HUO, 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 aU acts performed' by HUD shall be as if they had 'been performed by Lan.dlord. (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 HUO of Its leasehold interest in .the ~remises, ff. in HUO'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 avall~ble 'at equity. HUD's exe(clse or non-exercise of any right or remedy under the ACC shall not be construed as a waiver of HUO's right to exercise that or any other right or remedy at any time. (d) If HUO 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: (I) upon a determination by HUe 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 ACe; or (ii) aft~r the termination of HUO's obligation to make annual contributions available, unless there are any obligations or covenants of Landlord to HUe that are then In "default. (e) During the Term of this Lease, and so long as Tenant shall not be In default of its obligations hereunder, HUe agrees that In the event of a substantial default by Landlord . under the ACC, Hue sha"1I exercise any remedies or sanctions authorized 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 ot!ler 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 . . (I) . To cooperate with. or provide good faith; diligent. reasonabl~ or other similar efforts to assist the Tenant. regardless of the purpose required for such cooperation; . (II) To execute documents or give approvals, regardless of the pUrPOse . required for such execution or approvals; (iii) To apply for or asslsfthe 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 ch~lIenge of a~y 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 may be granted, withheld or revoked in the discretion of the Landlord or any other applicable govemmental 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, responsibiilty. 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-judicial or police pt?wers. Notwithstanding any other provision of this Lease,the Landlord shall have no obligation' to approve, In whole or In part, ~ny application for any type of tax ex~mption, permit, lic~nsa, 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 ~he 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 ~s 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 govemment approval or waiver be construed a breaqh. or default of this Lease. 24 ARTICLE X MISCELLANEOUS 10.1 CQnstructi~n. Landlord and Tenant agree that all the provisions hereof are to be construed as · covenants and agreements as thouQ-h·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 rlght and privilege to carry out and . perform the obligation so asserted against It without being· considered a volu"nteer 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 tie 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 l:'\t law or in equity, upon any bre.ach, shall be c,1istinct, 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. Headings. The headings usee! for the various artlcles 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 term~, covenant, provision or condition of this Lease or the application thereof to any person or circumstances shall be declared invalid or unenforceable by the f1n.a! 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 lrivalld or unenforceable provision there shall be SUbstituted a like, 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, ·co.nsent or other determination by any party required under any provision of this Lease, the party shall att 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 shall 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 performed and observed shall be binding upon Tenant and its· · successors and assigns and shall inure to the benefit. of Landlord and. its successors and assigns, and the agreements and oonditiQns lri this LfilBse 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 · estate. . . . 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 (I) 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 ere due under this Lease (or if additional rent or other payments are due, the nature and amount of the same), and (III) whether there exists any uncured default by . the other party, or any defense, offset, or countercl~im against the other party, and, if so, the nature of such default, defense, offset or counterclaim. 10.9 Recordation. Simultaneously with the deliverY 9f 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 record an· Instrument acknowledging such fa9t and the date. of termination of this Lease. 10.10 Notice, 26 I . 1 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 mall, return receipt requested. or (iii) sent by recognized overnight delivery service such as Federal Express, addressed as follows: If to the Lan910rd: and a copy to: and a copy to: If to HUD: Miami-Dade County . clo Miami-Dade Public Housing and Community Development 701 N.W. 1st Court, 16th Floor . Miami, Florida 33136 Attn: Executive Director Miami-Dade County Attorney's Office 11.1 N.W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Terrence A. Smith, Esq. 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 specifled herein. . 10.11 Entire Agreement. This instrument contains ali the agreements made between the parties hereto and may not be modified In any other manner than by an Instrument In writing executed by ~e . 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 1 0.1 ~ Relationship of Parties; No third Pam 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. NQthlng 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 T~nant will be deemed or construe~ to create any relationship of third party beneficfary, 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 Gen~ral 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. 1 0.16 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 Publfc Housing ReqUirements, the Applicable Public Housing Requirements shall in aI/Instances be controlling. 10.17 Non-Merger. Except upon expiration. of the Term or upon termination of this Lease pursuant to an express right of termination set forth herein, there shall be no merger of either this ~ease 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 1he Improvements). unless and until all persons, including any assignee of Landlord and, having an interest In (\) 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 OF 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 tt? 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 ·condltions on which Landl9rd desires to sell the Premises (Sales Notice). Tenant slial! 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 title to be delivered and the instruments to be executed pursuant thereto shall 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 Tenan to so notify Landlord in a timely manner shall 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 sllch 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 arid 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 of Arst 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 notlry Tenant of the terms and .conditlons 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 .closing of the purchase and s~l~ of the Premises shall be In accor.dance with the terms of such Sales Offer. In the event that timely notice Is· not given by Tenant to 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 seil 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 S~ction 11.2 shall be revived and again shall be enforceable. (SIGNATURES ON FOLLOWING PAGE) 29 ... ~ ............. :~ •. !.',::., ...... ., ............ !::,' ........... \ ••.•• ' ••.• " .............. : ............. : ••• ,. " •••••• " .: ...... ~:: ... \ ...• .'.".J,',' ........... ';'~' .'.~" .......... ,.,', ~ .••• -; ••• ;. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute thIs Agreement on the date first written above. . lANDLORD: ~~~ ·.Prlnt.Name: ~) . TENANT: R U 0 6 , (.. ,'= . 7 ~~ ::-=vll:l ?'Zo Wjtness~ PrintNam . 30 By: Title: Terrence A. Smith Assistant County Attorney I I I l i ! I ., : , Exhibit C {00001271.DOCX. 1 } Property Search -Report Properly Information: Folio Property Address Owner Name(sl Mailing Address Primary Zone Use Code Beds/Baths/Half Floors Living Units Adj. Sq. Footage Lot Size Year Built Full Legal Description IMPORTANT NOTICE: 09-4025'063-0040 6701 SW62 AVE MIAMI-DADE COUNTY MIAMI-DADE HOUSING AGENCY 1401 NW7 ST MIAMI FL 33125-3601 3800 MULTI-FAMILY· 22-37 U/A 0047 DADE COUNTY 01010 6 o 61,364 2.50 ACRES 1974 2554 402.5 AC PB 102-19 UNIVERSITY GONS SUB NO 3 TRACT'F' LOT SIZE 94750 SO FT TM 2013 exemption and assessment vollies currently shqwn a((lpreliminary Page 1 of 1 MIAMI-DADE COUNTY OFFICE OF TIlE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT OEf/OS l.opCl",(.lJ11lcru. Pmpaf)' Appraiser Aerial Photography 2012 Tnxablc VlIllIe Infonnntion: Current Previous Previous 2 and me subject 10 change until ihey are certified on July 1. Year ~--------~--------~--------~------~ 2013 2012 2011 Assessment Information: Current Previous Previous 2 Year 2013 2012 2011 Land Value $437.500 $776,250 $862,500 Building Value $3,517,404 $3,993,176 $4,043,091 Market Value $3,954,904 $4,769,426 $4,905,591 Assessed Value 53,954,904 $4,769,426 $4,905,591 flcnclits Infurmation: Current Prel/lous Previous 2 Benefit 2011 County $4,905,591 Note: not all batlclits are applicable to all Taxnblo Values (ie County, School Board, City, Regional), ,,~ __ ~~~_. ____ ~·n"_ '" . Disclaimer: Exemption/ Exemption/ Exemptionl Taxable Taxable Taxable County $3,954,9041$0 54,769,426/$0 $4,905,591/$0 School Board SO/SO SO/SO $0150 City $0/$0 $01$0 $01$0 Regional $0/$0 SOI$O SOI$O SHle Inforlllution: TIlc Office of tile Propcrty Appmiscr and MialUi,Dade County arc continually editing and updating the tax roll and GIS Jata to r¢lkct the latcst property infonnation and GIS positional accuftlcy. No \vanantics, expressed (If implied, arc provided for data and the positional or (hematic ilccuracy of the data Iwrcin. its usc~ or its imcrprctation. Ahhough this \\'~bsite is periodically updaled, this il1fol1l1it1iolllllay not relleet the data CIIITelltl), on rotc at Miami-Dade COUllty'S systems ofrecor". The Property Appraiser and Miami-Dade County assumes no liability either for :Illy errors. omissi OilS, or in;u;:cufacics in the informalion provided regardless oCthe C'flUSC oCsuch or for any decision made, action taken, or !lction not InkeTl by the user in reliance upon nny infonllation provided herein. Sec Miml1i·[)auc County 11.,11 disclaimer aTld User Agrecml.:nt at htrp:i!www.miamiuade,gov!info!disclaimcr.asp, Property infollnaltOn inquirics~ comments, and suggestions ctnilil: paW(;bnlOjl~Jmi3midadc.g.o\' GIS inquiric:;, COtlll11Cl1tS. and suggeslio1ls clJwii: gis@miamidatlc.goY GenerHted 011; Mon JUIl 242013 http://gisweb.miamidade.gov/PropertySearch/printMap.htm 6/24120 l3 Exhibit D {00001271.00CX. 1 } The Local Economic Impact of Typical Housing Tax Credit Developments Prepared by the Housing Policy Department March 2010 National Association of Home Builders 1201 15th Street, NW Washington, DC 20005 202~266-8398 The Local Economic Impact of Typical Housing Tax Credit Developments Detailed Tables 'for an Elderly Tax Credit Development 9 Impact of Building 100 Apartments in a Typical Elderly Tax Credit Development Summary Total One-Year Impact: Sum of Phase I and Phase II: Local Income Local Business Local Wages and Local Taxes 1 Local Jobs Owners' Income Salaries Supported $7/317,700 $2,134,600 $5,183,500 $767,500 113 Phase I: Direct and Indirect Impact of Construction Activity: Busihess Local Wqges Local Jobs Local Ihcoll).e Owners' Local Taxes l Incor:ne andSalaties Supported .. , , $4,932,300 $1,345,700 $3,586,800 $465,500 75 Phase II: Induced (Ripple) Effect of Spending the Income and Taxes from Phase 1: Business Loca'·Wages Local Jobs Local Income Owners' Local Taxes 1 Income and Salaries Supported $2,385,400 $788/900 $1,596,700 $302,000 39 Phase III: OngOing, Annual Effect that Occurs When New Homes are Occupied: Local Business Local Wages and Local Taxes 1 Local Jobs Local Income Owners' Income Salaries Supported $2,257,600 $918,200 $1,339,500 $395,000 32 1 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. 10 Impact of Building 100 Elderly Tax Credit Apartments Phase I-Direct and Indirect Impact of Construction Activity A. local Income and Jobs by Industry . , . local Business Wages & Industry local Income Owners' local Wages Salaries per Income and Salaries Full-time Job Construction $3,438,800 $886,800 $2,552,000 $49,000 Manufacturing $500 $0 $500 $51,000 Transportation $7,800 $1,100 $6,700 $42,000 Communications $51,000 $15,600 $35,400 $75,000 Utilities $14,300 $5,600 $8,800 $84,000 Wholesale and Retail Trade $498,000 $91,100 $406,800 $37,000 Finance and Insurance $109,900 $8,900 $101,000 $83,000 Real Estate $160,400 $141,200 $19,200 $51,000 Personal & Repair Services $34,900 $13,100 $21,700 $33,000 Services to Dwellings I Buildings $19,400 $3,900 $15,600 $33,000 Business & Professional Services $480,400 $143,400 $337,000 $58,000 Eating and Drinking Places $16,400 $2,200 $14,200 $20,000 Automobile Repair & Service $16,500 $5,100 $11,400 $33,000 Entertainment Services $2,800 $600 $2,300 $45,000 Health, Educ. & Sodal Services $600 $200 $500 $38,000 local Government $5,900 $0 $5,900 $54,000 Other $74,700 $26,900 $47,800 $44,000 Total $4,932,300 $1,345,700 $3,586,800 $48,000 .. -.. _ . . .. ..-.. . .. --- .. , ... B. local Government General Revenue by Type .., TAXES: USER FEES & CHARGES: Business Property Taxes $16,200 Residential Permit I Impact Fees , Residential Property Taxes $0 Utilities & Other Govt. Enterprises General Sales Taxes $35,600 Hospital Charges SpeCific Exdse Taxes $2,200 Transportation Charges Income Taxes $9,600 Education Charges Ucense Taxes $500 Other Fees and Charges Other Taxes $2,100 TOTAL FEES & CHARGES TOTAL TAXE5 $66,200 TOTAL GENERAL REVENUE 11 Number of , local Jobs Supported 52 0 0 0 0 11 1 0 1 0 6 1 0 0 0 0 1 75 ... .. ... - $282,300 $50,200 $21,700 $9,100 . $9,500 $26,400 $399,300 $465,500 Impact of Building 100 Elderly Tax Credit Apartments Phase II-Induced Effect of Spending Income and Tax Revenue from Phase I A. Local Income and Jobs by Industry Local Business Wages & Number of Industry Local Income Owners' Local Wages Salaries per Local Jobs Income and Salaries Full-time Supported Job Construction $110,400 $42,800 $67,600 $49,000 1 Manufacturing $500 $0 $400 $51,000 ° 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 O· 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 1 Services to Dwellings I 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 Entertainment Services $27,500 $7,600 $19,900 $37,000 1 Health, Educ. & Sodal 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 .... .. ,.,-' -. -.. -.. --.. -... . -" .. --, -..... ,~ ... _ . ....•. --.. --eo' B. Local Government General Revenue by Type .. .. "--' . •• ,_. __ 0_ ••••• __ ..•... - , 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 Ucense 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 Industry Local Business Wages & Number of Industry Local Income Owners' Local Wages Salaries per Local Jobs Income and Salaries Full-time Supported Job Construction $46,200 $16,500 $29,700 $49,000 1 Manufacturing $400 $0 $300 $51,000 O· 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 i Services to Dwellings I 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 Govemment $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 I 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 Ucense 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 } 111111111111111111111111111111111111111111111 This Instrument Was Prepared By: Terrence A. Smith Assistant County Attorney Miami-Dade County Attorney's Office III NW lSI Street, Suite 2810 Miami. FL 33128 Record and Return to: Miami-Dade County Pub lie Housing and Community Development Overtown Transit Village North 701 NW I $I Court, Suite 1400 Miami. Florida 33136 MIAMI-DADE COUNTY RENTAL REGULATORY AGREEMENT CFN 201.3R0119059 OR Bk 28487 P9S 4525 -4535; (11p9s) RECORDED 02113/2013 12:08=19 HARVEY RUVIN, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA WHEREAS, pursuant to Resolution No. R-I063-12 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 NOIlOO 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 24th day of January, 2013, the Owner, whose address is 315 South Biscayne Boulevard, Miami, FI 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: Carmen Cane/as, CLA Museum Tower, Suite 2200 150 West Flagler Street Miami, Florida 33130 PROPERTY ADDRESSES: 6701 SW 62 nd Avenue, South Miami, FL 33143 LEGAL DESCRIPTION OF PROPERTY: DWELLING UNITS: 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") 97 units WITNESSETH: 1. 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 (28%) 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 B 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 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 detennine is necessary for correction, PHCD may, without further notice, declare a default under the Mortgage andlor 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 perfonnance 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 tenns 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 tenns 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 3 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 "Huon). II. PHCO and Owner agree that rents may increase as median income increases as published by HUO. 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 PHCO (and HUD if applicable) detennine 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 (30) 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. Ill. Except as otherwise noted, all parties expressly acknowledge that PHCD shall perfonn all actions required to be taken by Miami~Dade County pursuant to Paragraphs 4,5,6 and 7, 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 infonnation: 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 PH CD to review and copy any and all of tenant files, including but not limited to executed leases and tenant income information. 4 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. 17-1. et seq .• Code of Miami-Dade County. pertaining to minimum housing standards (collectively, "Housing Standards"). A) PH CD 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 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 detennined by PH CD 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 confonnance 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. VIII. Action By or Notice to the County 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 14th Floor Miami, Florida 33136 Attn: Director Copy to: Miami-Dade County Attorney's Office III N.W. 1 Street Suite 2810 Miami, Florida 33128 or any of their successor agencies or departments. IX. Recourse: 6 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 fJousing 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 wi)} 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) 7 IN WITNESS WHEREOF, County and Owner have caused this Agreement to be executed on the date first above written. STATE OF FLORIDA ) ) :SS COUNTY OF MIAMI-DADE) 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 The fore~ Rental Regulatory Agreem)l1~s~:: jO, subs~rj~ed ~ acknowledged before me this day of January, 2013, by t]l~ !'1l1Q Y, as \J I ~±t:{\. of South Miami Plaza Manager, LLC, a Florida limited liability corripany, the managing member of SOUTH MIAMI PLAZA PRESERVATIO~ LLC, a Florida limited liability company, on behalf of the limited liability company. ~She is personally known to me _../ __ or has produced identificaMRlh,ttl..---________ _ ~,,\\' ES 11111. • ~~~?>Q HU~.:!/~ § v ••••••••• '~ ~ ~~ ~ •• ~,oSIOH E,j'A ••• (10~ :s9: .. _Q~~14.20/.'%:·. 0::; :i:!t" • u-~ C1' <P • *;::: =~:~o : E =: ..... :g:= ~ic ~ rG?#f!/J : 9~ ';:;~. ,po. ~.~;:: ':::!:... "_'.A~ .'·hJ~ ~:A .~"""""" • , ....... * z,: 1"..t'1.. A.tIac •• l""\' § 'I,;.'r}-p,· ••••••• :s<:: v~ ~/II. lflJuc S'i \>. 't.\~ ~"'I/III (II\\\\\~ ~u~~fu>Lu Notary Pubhc State of Florida at Large My commission expires: 0 c*vY.lu Y I 2.,0 \ \p 8 MIAMI~DADE COUNTY, FLORIDA By: Z COUNTY MAYOR OR DEPUTY MAYOR - ATTEST: 9 EXHIBIT "A" LEGAL DESCRIPTION Tract "F" of UNIVERSllY 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. EXHIBITB Rents: Number of Units Type 10 Studio . " 10 1 bedroomll bath 38 Studio 39 1 bedroomll bath OR BK 28487 PG 4535 LAST PAGE Gross Rent Utility Net Rent $321 ($59) $262 $344 ($78) $266 $688 ($59) $629 $738 ($78) $660 At the discretion of the County, up to twenty percent (20%) of the rental units, per project, may be designated for Housing Choice Voucher (Section 8) subsidy, either project-based or tenant-based, based upon adopted County policies uniformly applied. The Owner shall not deny housing opportunities to eligible, qualified Housing Choice Voucher (Section 8) applicants referred by the County, unless good cause is documented by the Owner and submitted to the County. NOTE: the above Net Rents exclude resident options such as cable TV, washers/dryers and/or security alarm systems. If provided, these options would be at an extra charge to the residents. Mortgage Document No: ___ _ Book Number: _______ _ County: MIAMI-DADE State: FLORIDA "2502854 v3 11 LOAN DOCUMENT fNFORMATION TO BE PROVIDED FOLLOWfNG RECORDfNG OF MORTGAGE Date Recorded: __________ _ Page Number: ___________ _ Exhibit F {00001271.DOCX. 1 } I (t~ 2011 t'llon'mSAL CYCLE • LOCAL CO''£Jt.-:lEENT \"ERUlC'\ nON T.lL\T DEYD.OPlCEi\T IS CONSlsnm WITH ZO;\'L~C AND lAs'\'D USE IU:et!Lt\ no~s N/l1U1! orD~velopult:llr: Soulh Miami PI= Prcstl\'lIl/on (l':IItw .• u. ore. :01l1.'oin:n.lICltlt """lit.,:'.) Dev.:/opmenr Location: 6701 SW 62 '\\-enuc. Soulh MIami. Floridt! J3H3 (AI' ...:.lm=. """ide tI:e I~ ;uolfll(ll by tho ONr..! Sw,. 1'01111 Sen,!". !oclulio& Ibt Id!ttu QWl)tia. Ittt""'''''''''~ cilT. COl i1 tilt .<IlImlw DlI I~I \omI au 1&0<<1. poriJe (i) "'" IImI"'Ule • .-1I d¢llamlN /oIa$O<1loo lAl <1ty illoal<4 \\itbiD 0 tily or lil) Ibo 1"«1 ....... clc1t<1 dalputrd Wtn«Uoa.tool =r it IoWN lalho\mll:l:orpe.-l1lJ """ .rtho.oUDly.) The IUldel'signed Locnl Govenllllcut orucial con.lhUls thnl on or befoee Ute Applicillion Deadline for tlte 2011 UulvelSlll Applicntioll Cycle (ns sloled ouill.: FHFC Website Iltlp:llnpps.noridnhonsing..oI'YSlnudAlouc/FHFC _ ECI\.1IConlcIltPnge.nspx?PAGE=023S): (I) (2) (3) The nwnbct oflalits (1101 bui1dln~) oUO\\1:d (or Ibis devcloplIlCIIl sitc (if wlricletI) is: 97 nndlor if. PUD. Ibe: Iltllllbcr of luuls (not bwldinS') a\lowed p" c!C\'clopmcnl dh: is: - or uuol a PUD CDd devel"l'lllCUlsilo Is 1ubjc:ec to c:xhting sp«iallll~ or dmilu pcnWl, IlIuuber ofuwb nlJowed (or this d~clopmtUl site is: ___ lCDd TIlc molng dcsii/Ulllan (or Ih. lefcml~cd DcvclopnlUlI ,il" is RM-18j Low Denslly MF Resldenlial ;:znd 'Die inlmdcd \IIC is CDlublCllI with ClllMlllcmd \Ue I<:~L"iol1~ :Uld Ille I<:fCTCU~cd zoning desi8J13lioll or, if Ule ·eI .uI<:o <ul r :lbiliblioll Ille int<,lded IUc i, nllnwetl nl4 Ie nil nono<orUcnwlI usc. To lb. belt of my 1.:IIOIV!edge, Ihm arc 110 ~ddilion:d bJld usc regublloll hcnriDss or oJlllrovuh I<:q c to obtnlu Lh. zOWug .I:utilkation or dUlsily described hcra, •• AslulIUlIg colilpUnncc willi the CIjIplicabf. flUId III. I<:lJIIlntloDJ. Ihel<: III'C 110 blown coodit/ons wblch would 111'CI:llld. coa.slnlctiaa or Id",bilil:lliOIl (:IS the CQSC n",), be} of lb. I<:fcNnced Dcvclopmcal on the proposed site. CERTIFICATION I (ctti!y th.11 IlIC CllylColloly Df SOUIIi hlroml h~, \'csrcd io me Ihe authority &1_ orCllJ't'owIy) ID verify cOlUistCIlC)' willl lo(~1 land lISe Rl,IUlaliollS IInc! the zonlna dcsiannliOi\ IJl"lIicd above or, if tbe lXvclol'uwtl co.sisls of rchnbililGtion. the: InIC:Sldcd IIIC i. aUowed 111 II "I<g~Uy lIoll0<:0rUornling Ute" lIIull WllhlOl' emify th.1 the fOlc(loing infomcdioll istnlc II.I2d correct. III ;uldilion, if Il,. propo,cd tXvclopru:nllilc is in the Florida Keys Are~ 4\ ~fiaetlln Rule C1"'plc" 67.21 3Ild 67,,(8. P.A.C •• I Ihrthcr cCltify th31 Ibe Applic:U11 bits obt3ined Ille ncccU!llY lUle of <no""l o.dU!.'I1lCC ~ ""Ii n, III UIC L ,,=.:.\1. Christopher Br/mo. AICP JlriUI or Type Name Planning Director Print or Type Tille Thi. cntillc=,i"" mun ~ 'ijp:lcd by ~ ~!i •• bl. Ci')/~ r>r CO<U\.y, Oir<Ctor or l'twUai aDd z:ocw,lf. dU.e 'ppoiulrd affieL ... (01)11) lr!p4nllb!, r., dci<nuiluliOrt of j"".. ..l.lIrd 10 tOU!l'rchtnlivo pl""';"l1 """ ",nin.. CilY ~t'UUg... or CCUI1Iy M"".8'I'IAIIIlliAiIrt:llor/Coonli ... I .... Sijlll.llWosliOUl!.)QJ dtcltd effici"'l ... 1101 =,,,,1.\&1 •• Il0l'1110 other tijpUlorics. Iftlw:-_ia .. r;on is .ppUubk-r •. thls 041·tlO\lD1ftlI md il u in'PPlopNltly sigaed.lh. AppliclillQ "ill c.;lla ", .. I t/u1:s:bold. ItthiJ .tnik.lioa •• n!:Un1 COUn:rioCI or • .... hll ... :" ... 0( iril II ocamtd. iaugrd •• lIrrnl. Of 'n)~ Iba r""" \\ill act b. cousidetnl ond Lb. ,lppU .. tiau I\lU WI to u~rlllt .. hold. Th< orniGaliM =y be vholocupitd. Provide aebind a Tnb L.'Ihl:ltd "E:thibll J2" I- I 2011 UNIVERSAL CYCLE -LOCAL GOVERNMENT VERlFICA TION OF STATUS OF SITE PLAN APPROVAL FOR MUL TI-FA;\ULY DEVELOPMENTS Nallle of Dcvelopn~I: South Miami Plaza Prc.~ervalion (1'iijmot l.oldiO lOll t'lil"hJfC}<!04PBi'1ioo) Developl1l(tlt Lo<:ntiom 6701 SW 62 AVCllue, South MilImf, FlorIda 33143 (AI 3 UliniD1Wl, PlO\ide the 2ddrcss ~igDcd by lbe 1JJ:i~ Slalts 1'o:I1~ Smice, Ind~ I"" a~t 1WIIIbc1, S!ltcl 1Io10lD:od city, 01 itthe addrH$ hlS I»t i'tt becn~igocd. ptOI'idc (i) rbe slmlll3DY, clMes! dtsl8Jl.1lc:d inIcrs«lloJI.tnd city itlcc:alc:d \\;llwu ciry or (u).be sll~llI3nlo!. «'oml de!i$l'3ltd idcrs«li<lnllld (0)III1I)' iCIoc'JIt4 in !be ooio:,"ponted mJ (lIllie county.) Zoning Designation: RM-18 ww Dellsity Multi-F\lIllily Residential MlUk tllC npplil:ablc stalement: l. 0 The above-l'eferenced Development is I1~W cOlIstl1lctioll or rehabilitation with new conslntction and the final site plan, i.n the lonill1l designntion stated above, was approved on or belore the AppJicntioll Deadline tor the 201.1 Univer!llli Applicntion Cycle (as slated olllhe FHFC Website htlp:lltlpps.tloridoho\l$ill1l.org/SIMdAlolle/FHFC _EClvIlContelltPage.Rsplt'lPAGE"'0238) by action of Ihe (Ltg;llJy Authatiz.cd Body'). 2. (!)The nbove-referenced Development is llew cOJ\slnlclion or rehabilitotioJ\ wilh lIew constnu:tion nnd (i) Ihis jurisdiction provides eitheL' preJilllin,1ty $ite plnll approval or cOllcept\lal site plnllllpproval which has b~en issued, or (ii) sile ploll al)provol is Nqllired for Ihe new COIL'ltnlction work; however, t1u.'1 jurisdiction pro\~des l\eithc~l' prelilllill.1l'Y site 1)lall approval 1I0r collcept\lal site plan approvnl, nor is any olher similnr process provided prior to issuing tinnl site plan approval, Although there is 110 prelilJlinnty or cOllcepluill site plan al)proval process nlld Ihl: final site plnn approvnlll.'ls 1I0t yet been issned, Ihe site plnn, in Ihe zoning designation stAted nbove, hns beelll'eviewed, The necessary apPl'ovl\Vl'evlew was pelionl1ed 011 or before Ihe Applicntioll Deadli.lle tor the 2011 Universal Application Cycle (as slated Oil the FHFC Website htlp:llapl)s.tlorIdahoU$iIlSo0rglSll1IldAJol\e/FHFC_EClvflCouteIIIPage,nspl,,?PAOE=023S) by Planning & Zuning Depar1mcnl , (Ltg3Uy AUlIIoIiRd Body") 3. 0 The above-referenced D~velopmellt, il1lhe lOlling desi!~nRtioll stilted above. is ~habilillltioll wiliiout tiny new constnlctioJl (lnd does not require tlddilionnl site pllUlapproval or similar process, • '1..e83Uy AlJIborizM »Ny" !ulO13lI1ndllidwl Applio:;uu IIl\l$utate the lWlll! of the CityCo\ll\Cl~ COIII1tyCo)DDlti1$lOIl. Dwd. ~DJ, Dilisloll. tIC., \\ilb ~Ulbority O\'ff $uch UUIlm. CERTIFICATION J certifY Ihal tll¢ Cily/Co\ullyof Soulh Miami hns vesled in me tlle Q\ltborily 10 verify status of site plan approvlll ~.(cily .. CC<>l!» ificd ove and I fiuther C\!r1ify IlInt the infoml.,lion staled above is lruc lind correct. Chrislopher I3rimo, AICP; Planning Dil\!ctor Print or Type Na1lle and Title This certification mm be siJIIXd by the ~J1c~bte City" Of Couoty'., 0iI«10t' or Planaiog .tnd ZoniJIy. chief ~inled official (.btl) lesponsiblt (0( dttemlin:liM ot imle\ ltlated 10 site phn ~01'JJ, City l-tw gtt. or COO!l/'/ MilmgtrlMwin.is lr.no~dWI01. SignlflJJ«!tom loc.lI elected offidlls :ate IlOt .1CccpClb~. nor ~ otller sigrul~. It Ibis c,,"ili~lfiOll " 3W1i<.lble to 1M Oe\"'opment .tnd it h ~~Iy sign<d, fbe AppH<.lIloD will flillo OWl Ihr«bold IC Ibis cfltiftWion C0lll3ins coo«tions or 'whilt-<)\II'. 01 ir it is scaoned. Um8M. ~~ucd. or rd)1>M. the form \\iU n:ll be ~ 1Ild !be AppUCllioo willllU to 030e11htt>bc>1d. lbt (CSliBc;rion ctlybe pbolocopitd. UA10161,Rcv. 2·U) 67-18.()Ol(IXa);67.11.00l(1)(o}. FA.C. Provide Behind il T~b I..3bclcd "E:'ChibiI26" 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. 62ND 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. 62 ND 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) 777M1682, BY U.S. MAIL AT THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A.,1 SE 3RD AVENUE, SUITE 2120, MIAMI, FLORIDA 33131, AND/OR BY EMMAIL AT MGOLDSTEINIa),GOLDSTEINENVLA W.COM. {00004970.DOC. 1 } TO; FROM: MEMORANDUM Jor...n C. Farina, Chief~. \ Compliance section , \ Donna ... GordOfl ~ 6- Inspector :r ,7 , DATE: SUBJECT: June 21, 1989 Inspection of Supreme printing On June 9, 1989 I made a routine IW'-5 inspection at supreme Printj.ng located at6784. SW 62 Avenue. This facility prints cOrnmunitynewspapers and tabloids and it utilizes one· printing press, a film processor and a silver recovery unit in its opera- tion. wast~igenerated include used rags as well as wastewater from photoproce,ssing. At the time of my inspection there was no wastewater discharge occur:r;ing; h01'ilever, there . were two hoses leading from the· <film proc(j!$sorand another n"om the silver recovery unit. All three hoses ente.red a PVC pipe which led to the septic tank. A relnspection was made on JOne 12. 1989 .. and as the film proces- sor was .i,tl operation at that time" wastewater samples were collected from the discharge hoses which discharged to the septic tank via the PVC piping. These samples would beanaly~ed for phenols andmetalG. The blue card I's were as follows! ~39174. Metals (Ag, Pb, Cr, CU) 1:39173 -Metals I'J, Po I Cr) 339172 -Phenols AS a review of the sample results revealed elevated levels of phenols and metal (silver) from the film processor and silver recovery un1t respectlvely" a Waste Dumping Violation (\,lDV) was mailed to MI:. Estevez, the manager of Supreme printing. r later advised Mr. Estevez (in a phone conversation) to contain all \'/8stewater fn a drum (or drums) on site llnd a formal Notice would follow which would explain DERMIs requirements (clean-up etcetera). Mr. Estevez agreed to do so. Additionally, he informed me that the used rags were now being stored in a drum on site and be had contracted a rag cleaning service to provide recycling of these rags. I am recorr~ending 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 drainf ield ) • Also, as a check with Ben N'waiiike of the Wastewater . Section confirmed that sewers are available in the v.lc1nitv of ' this facility (as an an gravity line extends along Sv-162 Avenue), I am also recommending that the facility connect to the sanitary ~ow(}r Lll/stem. DG~ll:'h dgordon/supr 6l1l e . cc: Hazardous Facilities section .... ~ ,s ;'lNVlROHMi'kfAI. \II~lIl\CU MAH.-!im.EHT wm 13.10 " 111 NJ" ,.j~TAE£T MIAMf. FI.ORIPA ~l2$-'lin t . ~},~S:33:re', ; ~.* < , :'~L .1 '''''') (t. ,l~:-'" . i ~'" K ,-<, .. ~ ;r~ I. I A' <>,;>'" ~. " METROPOUTAN DADE COUNTY, FLORIDA tNCIDE~tT REPOR'l' Facility: Address: EfiVII\ONMENTAl flESOUllCES MAH40ENEHT . . SlilTE 1;lIO ltIN.W 1$1 STI1EET MIAMI, flOf\lOA. 3J12IH911 ~~ p~.:ggr 375-3316 1;(78:4 StV6G..~" Zip: ---- Date:&tlq I~g Reporter;])., ~,dc.-:-;l'itle: Ln$(!:f!ckr I ~,-l b/ ,£ Ish .. () Re:. :c",~c-:tq;).~ 4 ·~d~.z:q. :C £:;.4..; j • .:e.dlvf c 6s#Y&i! +t.J t4 .~ij£.c.#~~ l':"'\t-::> '1 -r1 91v4'£;' i?<--r:#~+l~4--e. 162~ ,c-o,....r-'c-~ )'A..'"2-a-.rd.&'t'-" ....... ~ 2C>~ ~. • '~4v~ :r:. p..e-~.du.J... --1/-4,. ~"Y:e'f b $.h,y<;.:i .~~ $;.k pttIDf +0 e::l'?:(lz/~ ~ r.~, ~ v~ tAJf0k.~, (Co.4~+'I>r-. A-~ e~) -' ,< METROPOll'tAN DAOECOUNTY_OBIDA !HW1OHtirvn',~ ~ 1U..HMtU!H'f SOrrE 1311i 111 W,W 1ltsrn&T MW.IIt. FI..OAIPA !\J! 28-H~71 (X)51 37~7!> . ; i I INDUSTRIAL WASTE FACILITY, (" , INSPEOTION " ,. Per~it,i :r:.W-{"~ 1'3 t2.~~ If Are~: ..L,- SOURCE NAME:GYf?rt..-y:,.Q,;.,PM,'qj AnDRESS: 6"1 g 4: s£"-' 62-/krc.. SO~RCEts PERSO~ o~ :,~.TE: NAME, G4:rl"~ £'::;.M.I3f, ~J;.;~ ~J?:£;:e.:G .: TITLE av~ PHONE # •.... In6~~~tOl": ']"p/J.h~. t;'o;c/.::r., SecUon .Cbm()ltd.~'l'~ D8t~ bA-n-(i-~l"""T~-im-e-3-.-'-S"'-fl?'""-:"'-;-• ...J2j I ~ r'-1/' j-:. IW: '2_ 3_4~ sV'\. __ Cone of InfJuence. (COl): ! N _..,..,.-_____ _ ·.RE1'SON: COmplajnt_/S~Ple_'Routine~equest.:-10tber __________ ..,.--._~ Ef~LlJENT l?IS9lf~RQED3:~: (~) ~ewers ". (8) storm Drain..,;..-.--' ___ _ f:.. ) '(2) Soakage Pit on Bay/lCW _______ _ San:plel? '1'ak~n-X:... i .~. 0) Ul'llinfield .. nO) SWBJe Area (4) Well (11) Rl{Pro!?~rty----- (5) Holding PaciUty (12) S~ptic System ;::::;:::> (6) Canal ~(13)Other (7). Ground ;........;.----- ~.. : .-!.' ~. Type of Wsste Generated (Check one or more) : :·B.9tteries Acids Waste Oil ~... .,' Solvents ". Steam Cleaning 'Wastewa'fdr Dry Cleaning Liquids Transmission Fluid Coolant Chemicals Pigments Pes~icides .. _ _~~~~~..$6::::;:::;::.;L--J.Iu...=:...::::::-...r;;;:".a>.!kr.I rype of .Material Stored . '(Check one t>l" more) Batteries Acids -.-'on -tAotvents or a/~/tY-UJ!~ -Caustics Dry Cleaning Liquids " ,Coolllnt ~, Transmission Fluid ~ .. ~ -Chemicals ~ Pigments , Pesticides ~thcr ~Please Speclfy) ___ _ , . :r: r'f.<--. . ~~.:"_ -. i "V~ f~~ WASTE DISPOSAL INFORMirTION, I> ~ / 'J ' ... J ' ". ~. , >,J:. ...J Il 1''"0 ... J '...,.. k ~,.R~ +f..,...1 rr( t:;.-ko~ kAA f'\.() c--e (...J;!.~-ftt;. "U La~ ~15f~""....;c:.'-~ .. /~ ~ ~ S k~ ~~~ ;LIQUm WASTE (Oil, Solvents, Transmission' SOLIn WASTE (Batteries. Chemicals. Flufd l' Wash Water. etc.) ~ Empty Chcr.nltJul Container.Rage.~ etc.) Type Type .. .' '.~ Name 7<: Addre-s8---'------------~-.7#~~---------. 'Fsoequency . -------'---Pl'?p! of Proper Disposal ___ ~ __ _ :SLUDGE WASTE (Still Bottoms. Treatment •. " RecfrculaH<?p or Ssp,sration Systgm Sludge, etc.) ,'~"" ,/ , '<:. ' Type " >/ ' -: " .~> 'Name ./ I Addr.es!> ___ ---" ______ ~_ Frequency _~ __ > , •• Proof of Proper Disposal __ ...._---- S P B C I A LAn E A: Airport Medley . City of l\J;ami West Miami Coral Gables N011h Miami ; •• ~ • e." .,. Name ----------~------~---------i\ddres'g ~--~--~--------------~ ~r~quency ~~~~ ____ ~ __ ~~ __ ~- Proofo! Proper DiaposaI ----- OTHER WASTE ;. ~ ... .Name ----------.~-----------------. «\ddreas __ ...:.-__ ;......-__ -'-...... .-:.:~- Frequency __ ~ ____ ~ ________ ~~~_ Proofof"Proper})jsposal ________ _ . i.! Miami Beach Ope TJocka South Dade Landfill 58th Stre~t Landfill North Dade Landfill Miami River ft·· Biscayne ~~y County Port of MiCl~j Homestead ~, " . .,. , MeTROPOLITAN t>ADE COUNTY, FLORIDA NOTICE TO CORRECT A WASTE DUMFIN"G VIOtATlON • ~A1. ~ WJlAODI£H1' SUITE 1310 liT N.W '51 .SmEE1 U~I. FLOf\ll).6. 33128-1~1I (306) 375-3370 f I CKRTIFIIID MAIL NO. Pt>62S-713-838 DATE: (, (I t;:, ~ ~ q RE'ttnmlID RECf-lt:.r. UQV&5TlU> TO; ___ H" ~~,yt'-rd.Q t;.S+::'\fe..;S.-R-~.cllt......{ I. C::;lI.f:t-e.--¢. P~ ..... :t;,...~ ADDRESS: ..J::...Q f?>\)f~.~ "!..O GOS ... I H.~\. ft. ~::'t~ ~ PREMIsns: ~ b 1&u ::; tAJ b2 Ave. v.",,""4.;r<"'~ Dado O<mnty.· Q:n a. YOU ARE HEREBY NOTIFIED that on pl'Qmisns listc<! Ilh6vc. you did: • at the unlawfully throw. drni.tl. rUb or otherwise discharge into a.ny of the waters of this COUlity. orcnused. pormitted CH' Buffered. to be thrown..t'un. draJned J allowed to scap or otherwjsc discharged intc) 5uchw.ster allY organic or inol"ganjc matter. to wit: 8S to cause wnte:r pollutfon or a nlJlsancc or 8imit8t'y miisance as defined in See- UOll 24~3(74). 24-3(42) ¢r 24~3(58) ,Metropolitan Dade County Bnvironmental P.rotection Ordinance. in violation ofSeaUon 24 ... 11 M said Ordinance. YOU ARE HEREBY ORDERED TO Ir!lJ:1E~IATELX QJ3ASR~ND, DESISl'..SAID YlQLA::!,JO~: Thcl'efore, pUl'!ll.lant to""s.cctlon 24-5US1(t\); you are hel"eby put on Notice that on or hefoN) _!l J. t];,J(am. Wm) of tM .21 '" day of :r.~ . .r 1989 you arc to cOl'feet s(lid VIOLATlOtr"and NOTIFY THE APPROPRIATE DIVISION BS checked below. FnHurc to ce&sc the VIOLATION andlor initiate approved corrective actions shall result in formal cOIllplnjnts bQing filed against you in a court of competent jurisdiction for each and every day that you permit andmsintain said VIOLATION nfter 'the dIlte stipulated above. Be advised that Department app1"oval is requJred PRIOR to undortaking facility modlflctltions or environmental remediation. PLEASE GOVERN YOURSELF ACCORDINGLY. H Ai L tCi.) ~e9Ii,litJ(jlU ll:y; (print) ~,. __________ _ Pollution Control DivisJon Enforcement Division Hazardous Waste Section v6.llpUnncc Section -Storage Tank Section -~~.; .. -H.,ardous F.cllil •• Seclior TelEPhone: 85,~~ -Telephone: 375-3376 'fitle + W :), z~ W ~ "0 C N <0, f- (J)' W S I f- :) o (J) N .EB ~ SOUTHWEST 68th STREET ----------- PROPERTY LINE SOUTH MIAMI PLAZA PRESERVATION 6701 SW 62nd AVE MIAMI, FL 33143 FOLIO #09-4025-063-0040 ~:::: PROPOSED BROWNFIELD AREA ." O· 5u 100' I I I I ._ ... 1 Legal 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.DO(X. 1 } NEIGHBORS CALENDAR • State Road (SR) 994/Quail Roost Drive at the intersection of SW 117 Avenue Project Identification Number: 429286-1-32-01 • CALENDAR, FROM 12SE learn and experience with the whole family! Magic is in the air as summer starts to unwind. Be enchanted by a day of tricks and whimsical wonder. Design a magic wand and cast your own sunny spell in the Magic City. 12 p.m. Aug. 10. HistoryMiami, 101 W. Flagler St., Downtown Miami. Free. 305-375-1492. www.history miami.org/learning~programs/ family~-children-programs/ family-fun-days/. Films al Miami Tower Double Fea- ture: 5 p.rn. reception; 6:15 p.rn. screening of "A Better Life" (U.s.A., 20ll) about a Mexican single parent in East los Angeles; 8 p.rn. "In- cendies" (Canada/France, 2010) about twins who journey to the Middle East to discover their family history 6:15 p.m. Aug. 13. Miami Tower auditorium, 19th floor, lOOSE Second St., Downtown Miami. Free. 305-684-4564. www.miamijansociety.com. Goll In Ihe Gables al Ihe Coral Gables Museum: The Gables' big three: the Granada, Biltmore & Riviera golf courses, have attracted golf pros & enthusiasts since the City's early years to today. This exhibit of historical photos from the 1920s to present features famous golfers on Coral Gables greens, & video highlighting Golf in the Gables & Junior Orange Bowl Golf Champi- onship. Curated by Arva Moore Parks with assistance of Coral Gables native & championship golfer Tracy Kerdyk. Sponsors include The Wolf- son Foundation & the Biltmore Hotel. 12 p.m. Aug. 8. Coral Gables Museum, 285 Aragon Ave., Coral Gables. Free with museum admis- sion. 305-603-806Z coralgablesmuseum.org. I AM WYNWOOD 'Share YOUR Wynwood J Photo Contest: This is a call for Wynwood community members -fans, friends and families -to share their personal Wynwood experience with all of us. Professional photographers have captured Wynwood, illustrating its brilliant artistic faA§ades. We want to go deeper. into the crowd flood- ing the art galleries. into the water- ing holes and eccentric restaurants. into personal conversations and unforgettable celebrations. How to Enter: Visit https:// www.facebook.com/IAmWynwood for complete contest details. 12 a.m. Aug. 9. Wynwood Arts District, 2555 NW Second Ave .• Wynwood. FREE. https://wwwJacebook.com/ IAmWynwood. Mini-Golf at the Coral Gables Muse- um: Don't let your summer get stuck in the rough! Visit the Coral Gables Museum & play on a one-of-a-kind mini-golf course created by top architects. landscape designers and contractors of Miami. Challenge friends & family to a round of golf in air-conditioned comfort. Regular museum hours & admission apply. Great for business & after-work Page: NabesSE_6, J:rlitinn o le+ MiamiHerald.com/ calendar Search hundreds more events in your area and beyond. parties, with concession stand & full bar available for private groups. For additional information, contact Director Christine Rupp at the Coral Gables Museum. 12 p.m. Aug. 8. Coral Gables Museum, 285 Aragon Ave., Coral Gables. $3 plus museum admission. 305-603-806Z coralgablesmuseum.org. Preferred Medical Plan Heallh Fair: Preferred Medical Plan is hosting a health fair on Saturday, August loth from lOam -4pm. Health screenings, nutrition information, arts & crafts, activities, back to school supplies, domino tournament, live entertain- ment, food trucks, and much more. 10 a.m. Aug. 10. West Gables Rehabilitation Hospital, 2525 SW 75th Ave., Coral Terrace. FREE. Astrid Casimiro 305-648-4029. Second FRIDAY: Our normal Second Saturday event will be combined with the tinal show of our Creative Arts Summer Camp on Friday, August 9th! Come see and enioy the talents and creativity of our students who have spent 8 weeks learning differ- ent art techniques. They will exhibit their artwork in the galleries and perform their music and dance pieces in the sanctuary. 4 p.m. Aug. 9. ArtSoulh Cultural Center, 240 N. Krome Ave .. Home- stead. Free. 305-247-9406. www.artsouthhomestead.org. Sensory Saturday: One Saturday a month, 9 am-l1 am Miami Children's Museum will turn into an environ- ment designed specifically for children with special needs and their families. Miami Children's Museum will be closed to the public to avoid large crowds, while providing modi- fied lighting, sound adjustments and "cool down" rooms available for children to relax in. Special program- ming will include yoga, art and music therapy and more. Admission for this special event will be at a reduced rate of $6. Pre-registration is required. 9 a.m. Aug. 10. Miami Children's Museum, Watson Island, Watson. $6. 305-373-5437 ext 126. www.miamichildrensmuseum. org/visit/sensorysaturday.html. Summer Kids Club al Mall of Ihe Americas: Kids are invited to Center Court to enjoy educational activities. interactive entertainment and playground. Prizes awarded, in- cluding movie tickets to AMC Theatres. II a.m. Aug. 8. Mall of the Amer- icas, 7795 W. Flagler St.,. Free. 305-261-8772- www.malloftheamericas.com. Summer Savings Pass: lion Country Safari. Miami Seaquarium, Museum of Discovery and Science and Zoo Miami offer this pass, which gives buyers unlimited admission to all four attractions through Sept. 30. 9:30 a.m. Aug. 8. Miami Seaquari- urn, 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-FlU & MOCA's 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-FlU, 301 Washington Ave .. Miami Beach. Free. 786-972-3175. jmofJiu.edu/calendar/. The Dollhouse Mlnlalure 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.miniaturesforthesoul. yolasite.com. • TURN TO CALENDAR, 18SE 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 Southridge Park 11250 SW 192 St, Miami, FL 33157 For information about this meeting or project, please contact Public Information Specialist Lillie Carrero at (305) 480-9938 or e-mail heratLillie.carrero@atectrans.com Visit www.fdotmiamidade.com for project information. Your anendance 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 Acf 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 FOOT, tOOO NW 111 Ave., Miami, FL, 33172, or via e-mail atBrianRick@dot.state.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. 62 ND 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 PRESERVATION COMMUNITY CENTER BUILDING, 6701 S.w. 62 ND 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 MGOLDSTEIN@GOLDSTEINENVLAW.COM. Pub. date: Thursday, August 8 Last user: cci C.al"+inn n'3,1ocJ: 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 li\ 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 ND A VENUE, 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 shall 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(a)southmiamifl.gov. \ \ {00005252.DOCX. 1 } i \ \ \ \ \ N Statutes & Constitution :View Statutes: Online Sunshine Select Year: The 2012 Florida Statutes Title XXVIII NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE Chapter 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL 376.80 Brownfield program administration process.- Page 1 of5 View Entire Chapter (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. http://www.leg.state.fl.us/Statuteslindex.cfm? App _mode=Display _ Statute&Search _ String... 911 0/20 13 Statutes & Constitution :View Statutes: Online Sunshine Page 2 of5 (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 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 http://www.leg.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 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 http://www.leg.state.fl.us/Statuteslindex.cfm?App _ mode=Display _ Statute&Search _String... 911 0/20 13 Statutes & Constitution :View Statutes: Online Sunshine Page 40f5 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 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 http://www.leg.state.f1.us/Statutes/index.cfm? App _ mode=Display _ Statute&Search String... 9/1 0/2013 Statutes & Constitution :View Statutes: Online Sunshine Page 5 of5 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 © 1995-2013 The Florida Legislature. Privacy Statement. Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App _ mode=Display _ Statute&Search _String... 911 0120 13 MIAMI DAILY BUSINESS REVIEW Published Dai!y 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 Dally Business Review Uk/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 OF RESOLUTIONS DESIGNATING BROWNFIELD AREA 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 Lega! 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 . ed any person, firm or corporation any discount, r e, commissio or refund for the purpose of s' rtisement for publication in the said • A.D. 2013 (SEAL) MARIA MESA personally known to me (~:j:i) {407)3!l8-0153 MERCEDES ZALDIVAR MY COMMISSION #FF029736 EXPIRES June 20. 2017 FlondaNotaryScrv,cc.com 5EI:ArtACHED '\ . . J 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 flk/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 -SEPTEMBER 17, 2013 in the XXX X 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' . dvertisement or publication in the said ,A.D. 2013 (SEAL) MARIA MESA personally known to me MERCEDES ZALDIVAR MY COMMISSION #FF029736 EXPIRES June 20. 2017 FloridaNotaryService.com Miami Herald Page 1 of 1 Publication: Miami Herald; Date: Sep 8, 2013; Section: Nbrs -South East (Pinecrest, Coconut Grove, Fa Select a Service Sunday Discount 8eIect a SUnday seMce at regular price and lake up to $50 off. SOUTHMOTORS I~~~ lJS..1 & South 161 Street in Miami I (866) 475-7566 I SouthHonda.com CITY OF SOUTH MIAMI COURTESY NOTICE N011C£ IS HEREBY g;..'efl that: the City CommiS5ioo of "the City of Sooth Miami,. Rorida wiV cooduct Pub!ic Heariog(s) at its regubr City Commission meeting scheduled for Tueadey. September 17. 2013. beginning a1 7:00 p.m., in !hI! City Commisston Chtunbens, 6130 Sunset OrNe., to c<mSlder the fuUoNing item{ef. A ResoMion ootborizing the-City MarttIger to enter hto a cantmct with Bemado Poduoodo. &quire and his: &m. ~. Gonzalez. &. Portuoodo, PA. for.services as con:sultant in coonectJ:m with fueo City of South Mismi's complianoewith 'the SEC's Older dated May 22,201& A Resolution of Iha City of South Miami reIamg to a request to al!O\oV for 'the creation of parcels 1 lM>uoh5,on_....,clficalIy~ .. 6150SWOOthStreel;.,20SW8OlhStreol;andOO4OSW 0Cf'Street. South Mim, Florida within an RS-3; lUN Den:sfly Single-Famify Reslden1ia1 ZDning District. as permitted by provisioos pertaining to -waver 'Of Plat .. set forth Kl Section 2O-4.2{B} of tM City of _ lAiamlLand Dev%pmen' Code, and Sectioo 2 ..... 0I1ho IAi<>mi-Oade Co<.1,. Code; fo< tho ~ of oonstrucfug. five new shde family homes; and proyiding for a legal description.. ( A"""oLOOnol .... MoY"'andCity~oIthoCityolSooth tJI_'florida,m<Mgcertainlfl<fugs~, designathg real property ~ at 6701 SN 62"" Avenue. South Miami. R. 33145, a Bro.Nnfieki Area """"",,,'" _ 37M0(2)(b~ florida StnM ... for """';frtn1lon and redevdopm",' fo<!he ~ of Sections 376.n -376.86~ AoridaStaiules,. pmvi:ding at effective data and all other pt.V"poses. AnOrtmance Amendng Sec. 16.1,((tJ); Sec. 16-16; Sec.. 16-19; Sec. 16-22; BOd Sec. 16~23, Of The South Miami Pension Pl3n To Prooiide For CompIianca WiIh The Inlernal Revenue Code.. AA ~ related to a mquest for on :mnendment to the City of South Mi:aml Comprehensive futua I.>nd Use Map. ~ !he _ owned """""" _ """""" ............. Iho _ Sq<mR: ~ _ to .. """""" (l9..\025-OOO-<J65O; ~ and 09-4025-l165-<>000, from 1ho """"'" land .... de.ignalion 01 _r.mily _'" 10 M.>ti.f;amly Residentia~ to. allow for additional re:sidootial dwe!Ihg unM. within the Madison Sq..lQt6 M«ed-Use o..dopmontProject. An Ord'manc:e reWed to (l request for a ~g fTUlp amendment to th& cay of South Miami officiuI zoning map-, to re-ZOM the Agerv::j 0NnCd property assemblage refened to as 1he Madi:son Square redevelopment (wesQ. folio numbm!. 09--4025..ooo-osso; 09-4025-000--0052; and ~. from a current lOOng: deMgnation of-AS-4"' (Smgle-Femiy) to the '"RM-1S" {Low Density Mufti..FarMy Re~ to alkMr for additional resids:1tial dwelling u-OM within 1M ~ Sq,mrre P.fu;ed-Use Oevelopmenl Project. ALL interested parties Mt invited to mteod and will be heard. For fu'iherinJonnation, p!easo contact the CityCterk's Office at~. Moria M. M""""""" CMC C1tyCleri< Purswm ro fbridI StahAGs 288.0105, 1t»CittI'Kot9by adW;oo thG pubiathM if a p&ISm~to Jpp[IN any d«:ision tnlIdq by 1his0000000JcgancyorCornmSsion!A.'If1nup!lCttolll.'fj rnarur~Btits rrmtingOfIoaarixG hearsha wilnood af'QC:mJ of Ih&~ and that bsucbpuqXl$l\ affRetOO poo;onmay ROOd toMru'G that a \'IidJsfim.mcon:Sof1hepocoodi1g:$. is: INIdQ which rtcad inckJjes h~ snj~upon v.ti::h too appeal is 10 be based. National Grandparents Day: Honoring our Grandparents on Sunday, September 8th Remembering My Grandfather on His 100th Birthday BYCAMffiO"llml SISSfH CM1OON.SlSSBUiGMAlLtoM This SUIIlIllll, at !he age of Illirly, I had IDYve<y first ""lJ'llI'.ltwas earty in !he rnominy and I found ~!f in thecae with my fathel driving ~ the have Uvioal hernia surgery. Just as we entered !he Gurn<mid:Ambulaf",y Sutgical CaIIB!he!Jeav. ens opeood "l' and it began '" poor only as ~ tall M.D. (Gr.llrlda<ilJl. and hi. professional and ,iv~ irMlMment on Miami Beadi. Ilanon thll_oIChi~in 1913, Gnm"· daddy was !he product of immigrant ",""'IS from UtlJuania and Pdan:I. He often '1'00. about how he sold fl!iWspBpaIX duriJJJ the Great OBp'essWn on busy Stall! S1ree1 dodging in and out 01 baftic to taw mooey to bitt a suil fur his graduation. He "'1lJndedNathweslMl _tyandinttlmed at CookCouaty General llospitaiaHerwlicll ""was conscripted into u.. US Almydu!iog V/oddWa, It He,;pecialiIedin ps)'diatryand noorqand ator>e time atrendedas "". of 1M physiciansfn< President_laIWaiterReedllospitai. He lini_hi,lllSidoo<:y.tS¢utbIleacllHospitoi Yof1ere he met hili futuJe wife. Mary Mcu;ine Alfed. a regisrered nurse. Theywere marriai inI moved bad< to Chitago belore the war ended v.Ilere '" go1 aposition_theVAHospi1RlinOowney,Hli",",- Grardlad!y quickly became Chief of S1aff of Psythiafryand NoorolD!!'( Inllismid 1950'. he requested al!ansfer to !he VA Haspifal in Cor~ Galles. fIorida.llOW Too 911tmore Hotal. He taught psychiatry at the_tv of Lfl3mi at Jacison Memorial Hospital and in 1956 ~ an officein North Miami as one of two pacticing ps)djalliits: in lIis Miami area. _ddywas well publislied in leading pee ... Mewod jO<Imais, StJCh as. Ihl> Journal of the American MedicalAssociati ... and Ihl> Mlerican Journal of ftydiatry. """Y of his Bfti:::fes catl be foood online today. He was a fur_inflectr"""""""'(ECT)and~s I:hernpies.ln 1961 he became a Chartef life Member at Mt Sinai Hospital where he served on staff and p<1Idi<edpsydJiallyuntil!he early 1990',. ~his:years practicingme!icine he had hostltal prMleges at SI. Franci. HospitoI. N«1h Shore Hospital and North Miami Gooeral in a61ition fQMt.Sioai. AsI .. linllis~room.ltlJooghtof Gf3I1ddaM/s name in !he lobby of thIl De I1ir:icl! Meyet Tower and Iirlw far medidne has come. in I'''' from people Ii", him. Granddaddy died in 2003 m the agsofni:nety:.Hewentinfora hernia ~tion, mtrl'i like the one I was tohavi. but he ne\1lf \\'Dkg up.. As far bad:: as I caa remember 00 always had a hernia betause of the 1russ hIl wookl always"""" He talked abaullirlw he f.d lived VJith it since be was in his thirtY£. He taid he nf!Ief pit futOO llocao,. of!he....my of tho hernia "'rgory bacl: then. Medicioohas.<I.>ar>:ed ight-YOOfi hom vfflen my grandfather was in his: tlJirty'<-ltmakes me wonder if he had """Mld!he same qua hernia fix I had. jf he would still be here tOOay "' ... hisMOhundredllJ birthda~ twill remerr.be< my grandfather for lwiligllt walks on tIooIIantlf Shores Golf Club insean:h of goIfballs.lofleadlingm.todrive.fn<~m. 00 muttiplif:a6oo tables at a veryyotilg age am instilling in rna mOlars incfudifvJ a sens:e of wlooteOOsm. He""",spoI:emucll,bul..ten'" lid it mearrt somethirg. He was hom a different ~ HeM)Uldco~te by news clips ami He took me 1n pubflC bearings: aOO gatherings on Miami 8each 'hilere he spent lima pushing for mom geen spare and ..... parling DO Ill, Bea"" He ""'" '1'00. ookindly af """""'. His flfe1;lessoos \Wf8 many. He raised foIx chifdren and alw:ay.i managed ta find a way '" lJeIp his seven {1anddlIl<l'en whom he ta~tin -fun ""'1'-. He gave me slreng'.h andglJidance as only. !1arn1parootloows hON '" if"" Onrhis Grandpa!' en"llaylasl: lliatweafl fake lime to rernernber oor grandparents. Most of aD t am proud tncall Melvin Sjmonson-mvSrarddaddy! In loving _01 my Grnndparents "'Ill lessner. Maxine Simonson, Melvin Simonson. MaxSisser and IAamy less!lef. ADKAI61 http://digital.olivesoftware.comiDefaul t/Scri pting/PagePrint.asp ?skin= MiarniA&AppN arne... 9/13/2013