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Res 78-15
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING FINDINGS; DESIGNATING AS A BROWNFIELD AREA WITHIN THE CITY OF DELRAY BEACH, FOR THE PURPOSE OF ENVIRONMENTAL REHABILITATION AND ECONOMIC DEVELOPMENT, THE PROPERTY LOCATED AT 1475 SW 4"�' AVENUE, DELRAY BEACH, PALM BEACH COUNTY, FL, APPROXIMATELY 6.8 ACRES, AS A BROWNFIELD AREA PURSUANT TO SECTION 376.80(2)(C), FLORIDA STATUTES, FOR THE PURPOSE OF REHABILITATION, JOB CREATION AND PROMOTING ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY OF DELRAY BEACH TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE_ WHEREAS, the State of Florida has provided, in § 97-277, Laws of Florida, which is codified at § 376.77 — § 376.86, Florida Statutes, for designation of a "brownfields area" by resolution at the request of the person who owns or controls the real estate parcel, to provide for their environmental remediation and redevelopment and to promote economic development and revitalization generally; and WHEREAS, Brookstone Partners, LLC, controls the identified property located at 1475 SW 4th Avenue, Delray Beach, Palm Beach County, FL (hereinafter the "Delray Beach Area"), as depicted in Exhibit A and more particularly described in Exhibit B and is redeveloping it for a mix of industrial uses; and WHEREAS, Brookstone Partners, LLC, has requested that the City Commission of the City of Delray Beach, Florida designate the Delray Beach Area as a "brownfield area" pursuant to § 376.80(2)(c), Florida Statutes; and WHEREAS, the City has reviewed the relevant criteria that apply in designating a "brownfield area," as specified in § 376.80(2)(c), Florida Statutes, and has determined and finds that the Delray Beach Area qualifies for designation as a "brownfield area" because the following requirements have been satisfied: 1. Brookstone Partners, LLC, controls the real estate parcel which is proposed for designation and has agreed to rehabilitate and redevelop it; k: i 2. The rehabilitation and redevelopment of the Delray Beach Area will result in economic productivity in the area, along with the creation of at least five (5) new permanent jobs at the brownfield site that axe 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; 3. The redevelopment of the Delray Beach Area is consistent with the City's Comprehensive Plan and is a permittable use under the City's Code of Ordinances; 4. Proper notice of the proposed rehabilitation of the Delray Beach Area has been provided to neighbors and nearby residents, and Brookstone Partners, LLC, has provided those receiving notice the opportunity to provide comments and suggestions regarding the rehabilitation; and 5. Brookstone Partners, LLC, has provided reasonable assurance that it has sufficient financial resources to implement and complete a rehabilitation agreement and redevelopment plan; and V4WREAS, the City desires to notify the Florida Department of Environmental Protection of its resolution designating the Delray Beach Area a "brownfield area" to further its rehabilitation and redevelopment for purposes of § 376.77 — § 376.86, Florida Statues; and WHEREAS, the applicable procedures set forth in § 376.80 and § 166.041, Florida Statutes, have been followed and proper notice has been provided in accordance with § 376.80 and § 166.041(3)(c)2, Florida Statutes; and WHEREAS, such designation shall not render the City liable for costs or site remediation, rehabilitation and economic development or source removal, as those terms are defined in Section 376.79 (17) and (18), Florida Statutes, or for any other costs, above and beyond those costs attributed to the adoption of this Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct factual findings and are made a specific part of this Resolution. SECTION 2: The City Commission of the City of Delray Beach, Florida finds that Brookstone Partners, LLC, has satisfied the criteria set forth in § 376.80(2)(c), Florida Statutes. 2 Mme► .maw SECTION 3: The City Commission of the City of Delray Beach, Florida designates the area depicted on Exhibit A and described on Exhibit B, attached hereto and incorporated herein by reference, as a "brownfield area" for purposes of § 376.77 — § 376.86, Florida Statutes. SECTION 4: The City Clerk is hereby authorized to notify the Florida Department of Environmental Protection of the City Commission's resolution designating the Delray Beach Area a "brownfield area" for purposes of § 376.77 — § 376.86, Florida Statutes. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on this the 8ffi day of December, 2015. ATTEST: MAYOR CITY CLERK 01=0.VII-IBIM venue City of Delray Beach 100 Beach, L334 Delray Beach, FL 33444 Legislation Text File #: 15-300, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning and Zoning Director THROUGH: Donald B. Cooper, City Manager DATE: December 1, 2015 RESOLUTION NO. 78-15 TO DESIGNATE 1475 SW 4T" AVENUE AS A BROWNFIELD AREA (FIRST PUBLIC HEARING) Recommended Action: Motion to approve the First Public Hearing of Resolution 78 -15 to designate 1475 SW 4th Avenue as a Brownfield area pursuant to Chapter 376, Florida Statutes, and schedule the Second Public Hearing of Resolution 78 -15 for the meeting of December 8, 2015. Background: A request from Brookstone Partners, LLC was submitted for the designation of 1475 SW 4th Avenue as a Brownfield area. The designation request is a result of environmental assessments which have documented contamination from the prior industrial use on the site, fka Waste Management. Pursuant to Chapter 376.80(2)(c), Florida Statutes, for designation of a brownfield area that is proposed by a person other than the local government, the local government with jurisdiction over the proposed Brownfield area shall provide notice and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes all of the following: 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. Brookstone currently controls the property via an executed Purchase Agreement with the property owner, Waste Management, Inc., and has agreed to redevelop the 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 does 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. Brookstone has submitted that it "will employ no less than five new permanent jobs" which will be full-time and not associated with the rehabilitation or redevelopment of the site. The redevelopment of the site, however, is anticipated to support over 100 temporary construction jobs City of Delray Beach Page 1 of 2 Printed on 11/23/2015 pcvww Ti fl by R :m4, star r" File #: 15-300, Version: 1 which is noted as having a positive economic impact on the local economy. 3. The redevelopment of the proposed brownfield site is consistent with the local comprehensive plan and is a permitted use under the applicable local land development regulations. Brookstone has stated that the redevelopment of the site will consist of a mix of industrial uses "suitable for the location." The subject property is located within the Industrial (1) zoning district, and any proposed redevelopment of the site will require compliance with the applicable Land Development Regulations, as well as consistency with the Goals, Policies, and Objectives of the Comprehensive Plan. 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 pursuant to paragraph (1)(c), 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 posted in the affected area. In accordance with the Public Notice requirements of Chapter 376.80(2)(c)(4) and 376.80(1)(c) (4)(b), Public Notice has been provided by Brookstone Partners, LLC, as follows: A community meeting was held at the Delray Beach Public Library on October 14, 2015 from 5:30pm to 7:30pm for the purpose of public comments and suggestions regarding the Brownfield designation, future development potential, an advertisement of public hearings to be held by the City. The meeting notice was published in the Sun Sentinel, on Craigslist, and on-site. In addition to the notice provided by Brookstone Partners, LLC, additional notice was published by the City in the Sun Sentinel on Friday, November 20, 2015 for the purpose of advertising the First Reading/Public Hearing of the Brownfield designation request. The Second Reading/Public Hearing will be published similarly on Tuesday, November 24, 2015. 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. Brookstone Partners, LLC hasubmitteded that it "has the necessary capital to fund the budget for and then construct the Project." The submitted request letter along with the "Eligibility Statement" is attached with additional exhibits including the Florida Statute 376.80, Purchase Agreement and Public Notices. City Attorney Review: Approved as to form and legal sufficiency. Timing of Request: The applicant has requested that the designation be complete before the end of the year. City of Delray Beach Page 2 of 2 Printed on 11/23/2015 pcvww Ti fl by R :m-fistar r" I � � eder Ave fk fp Now r — — - - N R� s` r. rt W Linton Blvd E Linton Blvd *_ -1116-� 1475 SW 4TH AVENUE NORTH — — ! Subject Property PLANNING & ZONING LOCATION MAP DEPARTMENT Date: 11/17/2015 Document Path: S:\Planning & Zoning\DBMS\GIS\Project Maps\Location Maps\1475 SW 4th Avenue.mxd THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Transactions, Due Diligence, Development, Brozvnfields, Cleanups dam' Compliance One Southeast Third Avenue, Suite 2120 Miami, Florida 33131 Telephone: (305) 777-1680 Facsimile: (305) 777-1681 www.goldsteinenvlaw.com Michael R. Goldstein, Esq. Direct Dial: (305) 777-1682 Email: mgoldsteinggoldsteinenvlaw.com October 16, 2015 Via Email & FedEx Mr. Donald Cooper, City Manager City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 Re: Request for Designation of the Property Located at 1475 SW 4th Avenue, Delray Beach, Palm Beach County, Florida, as a Brownfield Area Pursuant to §376.80(2)(c), Florida Statutes Dear Mr. Cooper: On behalf of Brookstone Partners, LLC (`Brookstone"), we are pleased to submit this Request for Designation of the property located at 1475 SW 4"' Avenue, Delray Beach, Palm Beach County, Florida ("Subject Property") as a Brownfield Area (the "Letter Request") pursuant to Chapter 376.80(2)(c), Florida Statutes. When fully redeveloped, the Subject Property is anticipated to include a mix of industrial uses appropriate for the site and location. A legal description and site map depicting the location of the Subject Property are enclosed herein at Exhibit A. Brookstone is applying for the brownfield designation due to the fact that environmental assessment activities to date have documented contamination from former industrial use at the Subject Property. This has required, and will continue to require, that Brookstone incur significant time and expense for technical, engineering, and legal consultants in order to properly conduct environmental assessment and remediation. The designation has thus become a key part of this ambitious project's ultimate viability by enabling Brookstone to access certain regulatory and economic incentives to mitigate and manage the risk and expense associated with the discovery of contamination and the necessary response. {00011294.DOCX. 11 Mr. Donald Cooper, City Manager October 16, 2015 Page 2 In considering a request for designation of a brownfield area, a local government must evaluate and apply the criteria set forth in Chapter 376.80(2)(c), Florida Statutes. As reflected in the Statement of Eligibility incorporated herein at Exhibit B, Brookstone meets such statutory criteria. Accordingly, based on the foregoing, we respectfully request that the staff favorably review this Letter Request and recommend it for approval to the Delray Beach City Commission. Of course, as you evaluate the application and supporting materials, please feel free to contact us should you have any questions or require further information. Thank you. Very truly yours, THE GOLDSTEIN ENVIRONMENTAL LAW FIRM, P.A. Michael R. Goldstein /mrg Enclosures cc: Mr. Timothy R. Stillings, Director of Planning and Zoning, City of Delray Beach Noel M. Pfeffer, Esq., City Attorney, City of Delray Beach David S. Vanlandingham, P.E., Engineer IV, Brownfields Coordinator, Broward County Environmental Protection and Growth Management Department, Pollution Prevention Division Brookstone Partners, LLC 100011294. DOCX. 11 Exhibit A Legal Description for the Delray Beach Brownfield Area Property Located at 1475 SW 4t" Avenue, Delray Beach, FL SUB OF SEC 20-46-43 WLY 110.14 FT OF E Y2 OF TR 15 & SUB OF SEC 20-46-43, S 250 FT OF E 642.39 FT OF W 667.38 FT (LESS S 150 FT OF W 266.4 FT) OF LT 15 & SUB OF SEC 20-46-43, NLY 209.92 FT OF E Yz OF TR 16 & SUB OF SEC 20-46-43, E 89.88 FT OF W 200 FT OF E Yz OF TR 15 {00011492. DOCX. 11 O o w O O QJ N N � � O y Ln o r a -U P 1O Exhibit 6 Brownfields Designation Eligibility Statement Proposed Delray Beach Brownfield Site Brookstone Partners, LLC (`Brookstone'� proposes to redevelop the property located at 1475 SW 4th Avenue, Delray Beach, Palm Beach County, FL (the "Subject Property' for industrial use (the "Project', and meets all five of the applicable brownfield area designation criteria set forth at Section 376.80(2)(c), Florida Statutes,' as demonstrated herein. 1. Agreement to Redevelop the Brownfield Site. As the first requirement for designation, Florida Statutes � 376.80(2)(c)(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." Brookstone satisfies this criterion in that it curnntycontrols the Subject Property by virtue of an executed Purchase Agreement (`PA) with the real property owner, Wlaste Management Inc. of Florida, and has agreed to redevelop and rehabilitate the Subject Property. A copy of the PA evidencing the applicant's control over the Subject Proper y i enclosed atAttachruent B. 2. Economic Productivity. As the second requirement for designation, Florida Statutes 376.80(2)(c)(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." Brookstone will employ no less than five 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. When the Project is fully developed, it will support over 100 temporary construction jobs for site development and construction, which in turn will likely result in workers spending a percentage of their salaries with local merchants who, in turn, will reinvest locally in their respective businesses, as well as the businesses of other local merchants. Such job creation will result in the payment of significant payroll taxes and salaries and benefit the local economy by increasing the economic productivity of the area. Most significantly, though, the total capital cost of the Project is estimated at approximately $30 million, with a significant portion of that amount being spent on local labor, contractors, consultants, construction and building materials, furnishings, infrastructure improvements, and impactfees. 3. Consistency with Local Comprehensive Plan and Permittable Use Under Local Land Development Regulations. As the third requirement for designation, Florida Statutes 5 376.80(2)(c)(3) provides that "[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 applicantproposes to redevelop the Subject Property for a mix of industrial uses suitable for the location. Industrial use i consistent with and allowed by the current honing for the property under the city's Land Use Regulations. See g 4.4.20. A copy of the propery card for the Su ject Property confirming land use i enclosed as Attachment C. Because the contemplated development is consistent with the current and future local comprehensive plans and generally permittable under the applicable local land development regulations, the applicant meets this third criterion. 1 A complete copy of § 376.80, Florida Statutes, can be found as Attachment A to this Eligibility Statement. {00011295.DOC. 1 } 4. Public Notice and Comment. Florida Statutes 5 376.80(2)(c)(4) stipulates that "[n]otice of the proposed rehabilitation of the brownfield area has been provided to neighbors and nearby residents of the proposed area to be designated, and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions about rehabilitation. Notice pursuant to this subsection must be posted in the affected area." Additional notice requirements pertaining to applicants other than a governmental entity can be found at Florida Statutes 5 376.80(1)(c)(4)(b) and consist of publication in a newspaper of general circulation in the area, publication in ethnic newspapers or local community bulletins, and announcement at a scheduled meeting of the local governing body before the actual public hearing. Brookstone has satisfied all applicable notice requirements established by Florida Statutes �376.80(2�(c)(4� and 376.80(1)(c)(4)(b) by publi ping notice of the proposed rehabilitation of the brownfield area in the Sun -Sentinel Neayspaper and in a local community bulletin (Craigslist� and by posting such notice at the Subject Property. All forms of notice occurred on or before October 7, 2015, and contained the following narrative: Representatives for Brookstone Partners, LLC, will hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SWI 411, Avenue, Pala Beach County, FL, as a brownfield area pursuant to g376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including pubfic hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting 2vill be held at the Delray Beach Public Library, 100 Wlest Atlantic Ave., Delray Beach, FL, 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 or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 31d Avenue, Suite 2120, Miami, FL 33131; andl or by email.- m? oldstein(ae goldsteinenvlaw.com. Copies of the published notices are enclosed as Attachment D. 5. Reasonable Financial Assurance. As the fifth requirement for designation, Florida Statutes 376.80(2)(c)(5) provides that "[t]he 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 plan." Brookstone, satisfies this fifth criterion in that it has the necessary capital to fund the budget for and then construct the Project. An affiliated entity, Cornerstone Group Development, LLC ("Cornerstone'), which has the same principals as Brookstone, has a lengthy record of accomplishment for successfully funding and developing a broad array of multifamily projects. Cornerstone' recognised nationally for its exceptional financial strength and its proven history of sound investment and development. To date, the principals, have developed more than 16,000 affordable housing rental units in sixty communities and another 3,000 market rate rental units in four communities. Approximately 8,500 of the 19,000 developed units are located within the tri -County South Florida region. For example, one of its principals developed both La Perla, a 43 story high-rise on Sunny Isles Beach, and The Vue, a high-rise tower on Fort Lauderdale Beach. In addition, the principals have also developed forgovernmental and financial clients. Such entities include Bank of America Community Development Corporation (Centro Place in Ta)Va, FL) and the Tampa Housing Authority (Gardens at South Bay in Tampa, FL). Based on the forgoing, Brookstone'r principals clearly have the financial resources to implement and complete the rehabilitation agreement and redevelopment plan. {00011295.Doc. 11 z II. 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 term "brownfield site" throughout 5 376.80(2)(c), Florida Statutes. 5 376.79(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." 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. 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 definition of a "brownfield site." That is, can it fairly be said that the property in question is subject to either actual or perceived contamination and that such actual or perceived contamination is complicating or may complicate expansion, redevelopment, or reuse? In this instance, as the following analysis will demonstrate, the answer is a resounding yes. The facts here clearly evidence that the Subject Property falls within the definition of the term "brownfield site." Specifically, from the early 1950s through 1980s the Subject Property was operated in part as a concrete batch plant. Following the 1980s, the Subject Property was utilized for solid waste collection vehicle and container maintenance storage. As a result of such uses, site assessment activities have documented petroleum constituent impacts to groundwater and soil at the Subject Property. Remediation will be a lengthy process and will require Brookstone to comply with Chapter 62-780 of the Florida Administrative Code during site development activities to ensure proper management and disposal of impacted media. The presence of actual contamination has significantly complicated redevelopment and reuse by (i) making it materially more expensive and time consuming to move forward with the Project; (ii) imposing a host of design and construction changes on the Project that would not be required but for the presence of actual contamination; and (iii) increasing Brookstone's exposure to environmental and regulatory liability with respect to the Project. • Added Expense and Schedule Delays. Brookstone has been incurring and will continue to incur significant expenses in assessment, remediation, legal, construction, and health & safety related costs to address onsite groundwater and soil contamination conditions. These are costs that would not be incurred but for the contamination that has been documented at the Subject Property. Moreover, because the Subject Property was formerly used as an industrial site and contamination is present, several additional levels of review and approval have and will continue to be required in order to complete the Project, adding complexity and schedule delays to the Project. • Design Changes. The presence of impacted soil and groundwater, the nature of the contamination, and the risk of exposure to regulatory and third party liability have a material impact on the design and schedule for construction, again adding to the cost and uncertainty related to the Project. Documented groundwater contamination, for example, will require implementation of special design and engineering specifications and application for and compliance with special environmental permitting criteria. Onsite soil contamination will also require special handling and very specific regulatory approvals. In addition, soil management during construction activities will be subject to a level of environmental review and scrutiny that would not otherwise apply to a clean site. This too will add expense to the Project and delay to the schedule for completion. {00011295.DOC. 11 3 Heightened Exposure to Environmental and Regulatory Liability. The investigation and remediation of contamination itself adds one last major level of complexity as it will require close and constant oversight by FDEP. The regulatory process associated with remediation can be lengthy, complicated, uncertain, and without guaranteed end points. Accordingly, Brookstone has no assurance that as it moves forward with the Project the total cost of cleanup will not in fact ultimately exceed what is reasonably projected and exceed $500,000.00. Such uncertainty constitutes an acute form of redevelopment complexity that goes to the heart of the Florida Brownfield Program and underscores why incentives are so important for sites and projects exactly like this one. Based on all the foregoing, the Subject Property clearly falls within the definition of "brownfield site" as set forth in � 376.79(3), Florida Statutes. III. Conclusion Brookstone has demonstrated that it meets the five statutory criteria for designation of the Subject Property as a brownfield area as set forth at 5 376.80(2)(c), Florida Statutes, including the threshold requirement at 5 376.79(4), Florida Statutes, incorporated by reference at � 376.80(2)(c), Florida Statutes, that the property for which the designation is sought meet the definition of a "brownfield site." 100011295.DOC. 1 } Attachment A 2/9/2015 Statutes & Constitution Mew Statutes: Online Sunshine Sutitshine Select Year: r2014 • Go The 2014 Florida Statutes Title XXVIII Chapter 376 View Entire NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Cha ter RECLAMATION, AND USE PREVENTION AND REMOVAL 376.80 Brownfield program administration process.— (1) The following general procedures apply to brownfield designations: (a) The local government with jurisdiction over a proposed brownfield area shall designate such area pursuant to this section. (b) For a brownfield area designation proposed by: 1. The jurisdictional local government, the designation criteria under paragraph (2)(a) apply, except if the local government proposes to designate as a brownfield area a specified redevelopment area as provided in paragraph (2)(b). 2. Any person, other than a governmental entity, including, but not limited to, individuals, corporations, partnerships, limited liability companies, community-based organizations, or not-for-profit corporations, the designation criteria under paragraph (2)(c) apply. (c) Except as otherwise provided, the following provisions apply to all proposed brownfield area designations: 1. Notification to department following adoption.—A local government with jurisdiction over the brownfield area must notify the department, and, if applicable, the local pollution control program under s. 403.182, 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 adopted by the local government body. The local government shall notify the department, and, if applicable, the local pollution control program under s. 403.182, of the designation within 30 days after adoption of the resolution. 2. Resolution adoption.—The brownfield area designation must be carried out by a resolution adopted by the jurisdictional local government, which includes 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. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.041, except that the procedures 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 procedures for the public hearings on the proposed resolution shall be in the form established in s. 125.66(4)(b). 3. Right to be removed from proposed 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. 4. Notice and public hearing requirements for designation of a proposed brownfield area outside a redevelopment area or by a nongovernmental entity. Compliance with the following provisions is required before designation of a proposed brownfield area under paragraph (2)(a) or paragraph (2)(c): http://www.leg.state.fl.us/StatWmfindex.cfm?App mode=Display Statute&Search String=&URL=0300-0399/0376/Secdons/0376.80.htm1 1/6 2/9/2015 Statutes & Constitution Mew Statutes: Online Sunshine a. At least one of the required public hearings shall be conducted as closely as is 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. b. Notice of a public hearing must be made in a newspaper of general circulation in the area, must be made 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. (2)(a) Local government -proposed brownfield area designation outside specified redevelopment areas. —If a local government proposes to designate a brownfield area that is outside a community redevelopment area, enterprise zone, empowerment zone, closed military base, or designated brownfield pilot project area, the local government shall provide notice, adopt the resolution, and conduct public hearings pursuant to paragraph (1)(c). At a public hearing to designate the proposed brownfield area, 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) Local government -proposed brownfield area designation within specified redevelopment areas. —Paragraph (a) does not apply to a proposed brownfield area if the local government proposes to designate the brownfield area inside a community redevelopment area, enterprise zone, empowerment zone, closed military base, or designated brownfield pilot project area and the local government complies with paragraph (1)(c). (c) Brownfield area designation proposed by persons other than a governmental entity.—For designation of a brownfield area that is proposed by a person other than the local government, the local government with jurisdiction over the proposed brownfield area shall provide notice and adopt a resolution to designate the brownfield area pursuant to paragraph (1)(c) if, at the public hearing to adopt the resolution, the person establishes all of the following: 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 does 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 pursuant to paragraph (1)(c), and the person proposing the area for designation has afforded to those receiving notice the opportunity for comments and suggestions http:/Avww.leg.state.fl.us/Statutesfiindex.cfm?App mode=Display_Statute&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 216 2/9/2015 Statutes B Constitution :View Statutes: Online Sunshine about rehabilitation. Notice pursuant to this subparagraph must be posted in the affected area. 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. (d) Negotiation of brownfield site rehabilitation agreement.—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 governing the profession. In addition, upon completion of the approved remedial httpl/www.leg.state.fl.us/Statutesfiiridex.cfm?App mode=Display_WLde&Search String=BURL=0300-039910376/Secbons/0376.80.htm1 316 2/9/2015 Statutes B Constitution :Yew Statues: Online Sunshine action, the department shall require a professional engineer registered under chapter 471 or a professional geologist registered under chapter 492 to certify that the corrective action was, to the best of his or her knowledge, completed in substantial conformance with the plans and specifications approved by the department. (c) A commitment to conduct site rehabilitation in accordance with department quality assurance rules. (d) A commitment to conduct site rehabilitation consistent with state, federal, and local laws and consistent with the brownfield site contamination cleanup criteria in s. 376.81, including any applicable requirements for risk-based corrective action. (e) Timeframes for the department's review of technical reports and plans submitted in accordance with the agreement. The department shall make every effort to adhere to established agency goals for reasonable timeframes for review of such documents. (f) A commitment to secure site access for the department or approved local pollution control program to all brownfield sites within the eligible brownfield area for activities associated with site rehabilitation. (g) Other provisions that the person responsible for brownfield site rehabilitation and the department agree upon, that are consistent with ss. 376.77-376.86, and that will improve or enhance the brownfield site rehabilitation process. (h) A commitment to consider appropriate pollution prevention measures and to implement those that the person responsible for brownfield site rehabilitation determines are reasonable and cost-effective, taking into account the ultimate use or uses of the brownfield site. Such measures may include improved inventory or production controls and procedures for preventing loss, spills, and leaks of hazardous waste and materials, and include goals for the reduction of releases of toxic materials. (i) Certification that the person responsible for brownfield site rehabilitation has consulted with the local government with jurisdiction over the brownfield area about the proposed redevelopment of the brownfield site, that the local government is in agreement with or approves the proposed redevelopment, and that the proposed redevelopment complies with applicable laws and requirements for such redevelopment. Certification shall be accomplished by referencing or providing a legally recorded or officially approved land use or site plan, a development order or approval, a building permit, or a similar official document issued by the local government that reflects the local government's approval of proposed redevelopment of the brownfield site; providing a copy of the local government resolution designating the brownfield area that contains the proposed redevelopment of the brownfield site; or providing a letter from the local government that describes the proposed redevelopment of the brownfield site and expresses the local government's agreement with or approval of the proposed redevelopment. (6) Any contractor performing site rehabilitation program tasks must demonstrate to the department that the contractor: (a) Meets all certification and license requirements imposed by law; and (b) Will conduct sample collection and analyses pursuant to department rules. (7) During the cleanup process, if the department or local program fails to complete review of a technical document within the timeframe specified in the brownfield site rehabilitation agreement, the person responsible for brownfield site rehabilitation may proceed to the next site rehabilitation task. However, the person responsible for brownfield site rehabilitation does so at its own risk and may be required by the department or local program to complete additional work on a previous task. Exceptions to this subsection include requests for "no further action," "monitoring only proposals," and feasibility studies, which must be approved prior to implementation. (8) If the person responsible for brownfield site rehabilitation fails to comply with the brownfield site rehabilitation agreement, the department shall allow 90 days for the person responsible for brownfield site hV:/hvww.leg.state.fl.us/Statuteslndex.cfm?App mode=Display_StatuteBSearch String=BURL=0300-0399/0376tSections/0376.80.htm1 416 2/9/2015 Statutes & Constitutton Mew Statutes: Online Sunshine 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 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 http:/Avww.leg.state.fl.us/StahAesfindex.cfm?App mode=Display_StahAe&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 5/6 2/9/2015 Statutes & Constitution :view Statutes: Online Sunshine 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. (12) A local government that designates a brownfield area pursuant to this section is not required to use the term "brownfield area" within the name of the brownfield area designated by the local government. 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; s. 2, ch. 2014-114. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us httpJhvww.leg.state.fl.us/StatUesrndex.ch?App mode=Display_StahAe&Search String=&URL=0300-0399/0376/Sections/0376.80.htm1 6/6 Attachment B Rd New IM111 �"7g",iii '�i�.�iyl, i..,.•... t' 1. PURCHASE AND SALE. Brookstone Partners, LLC ("Buyer") 2' agrees to buy and Waste Management Inc of Florida ('Seller') 3• agrees to sell the property described as: Street Address: . M 1475 SW 4TH AVENUE DELARAY BEACH, FLORIDA AND VACANT LAND TOTALING 6.87+ -ACRES DESCRIBED IN 4• THE BELOW LEGAL DESCRIPTIONS s Legal Description: SUB OF SEC 20-46-43 WLY 110.14 FT OF E 112 OF TP, 15 & SUB OF SEC 20-46-43, S 250 FT OF E 642,39 FT OF W u' 667.38 FT (LESS S 150 FT OF W 266.4 FT) OF LT 15 & SUB OF SEC 2046.43- NLY 209.92 FT OF W 200 FT OF E 112 OF TR 16 & SUB OF SEC 2046-43, E 89.88FT OF W 200 FT OF E 112 OF TR 15 and the following Personal Property: NIA a' Q (all collectively referred to as the `Property') on the terms and conditions set forth below. The "Effective Date" of this Contract is to the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract. Time periods of 5 11 days or less will be computed without Including Saturday, Sunday, or national legal holidays and any time period ending on a 12 Saturday, Sunday or national legal holiday will bbe/4� extended until 5:00 p.m. of the next business day. 13, 2, PURCHASE PRICE: $2,400,000.00 t4, (a) Deposit held In escrow by �Cordus2TZv, $ 100.000.00 19• (b) Additional deposit to be made within 60 days from Effective Date $ j,00 000 o0 Is, (c) Total mortgages (as referenced in Paragraph 3) $ 17- (d) Other: NO FINANCING $ ts• (e) Balance to close, subject to adjustments and prorailons, to be made with cash, locally drawn $ 2.200 000 00 19 certified or cashier's check or wire transfer. LID, d. I M LT t Ahm II1ATJCING, Within days from Effective Date ('Application Period"), Buyer will, at Buyer's expense, for 2r than party \\financingancing in ount of $ or `% of the purchase price to be amortized a period of 22' years and due in no less than and with a fixed interest rate not to exceed U % r or variable interest rale not 23• to exceed Cl _% at origination with a lifetime ca t to exceed % from knit e, with additional terms as follows: 2A' 2s Buyer will pay for the mortgagee title insurance policy and for all Io xpen Buyer will timely provide any and all credit, 2G employment, financial and other information reasona uired by any lender. Buyer vvi tlfy Seller immediately upon obtaining 27- financing or being rejected by a tend uyer, after diligent effort, fails to obtain a written commil`mla,"ithin days from 2a Effective Date ("Finay�enoo'), Buyer may cancel the Contract by giving prompt notice to Seller and Buyer's depo—sit(s) will be 29 re t so• Buyer ) ) and Sell (�} i acknowledge receipt of a copy of this page, which Is page 1 of 5 Pages. M2 97 Florida Association of Renuons0 All Rights Reserved 121 �E 31• 4. TITLE: Seller has the legal capacity to and will conveys t arketable title to the Property b Td SP�yaL 3 P Y Y statotrny.warranty deed z• '� other free of liens, easefnents and encumbrances of record or known to Seller 33 but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list a ac other matters to which title vvill bg subject) . / 1r�s7c /,tit�+ifi�y G F ,�.—�d nJ 35• as l n c Il u e 36• provided there exists at closing no violation of the forego :w it is currently out ing and none of Them prevents Buyer's intended use of the Property as :.0• (a) Evidence of Title: Seller will, at (check one) ,`Z Seller's D Buyer's expense and within 5 days Q from Effective Date 3e' D prior to Closing Date U from date Buyer meets or waives financing contingency in Paragraph 3, deliver to Buyer (check one) ,0' 'Z a title insurance commitment by a Florida licensed title insurer and, upon Buyer recording the deed, an owner's policy in 41 the amount of the purchase price for fee simple title subject only to exceptions stated above. •;z' U an abstract of title, prepared or brought current by an existing abstract firm or ceillfled as correct by an existing firm. 3 However, if such an abstract is not available to Seiler, then a prior owner's title policy acceptable to the proposed insurer as a base for reissuance of coverage. The prior policy will include copies of all policy exceptions and an update in a format 5 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's closing agent together with copies of all ,e documents recited In the prior policy and in the update, .» (b) Title Examination; Buyer will, within 15 days from receipt of the avidence of title deliver written notice to Seller of title -is defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or (2) Buyer delivers proper .fig written notice and Seiler cures the defects within 45 days from receipt of the notice ("Curative Period"). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt by Buyer of notice of such curing. Seller may elect not to cure defects if Seller reasonably believes any defect cannot be cured within the Curative Period. if the defects are not cured within the Curative Period, Buyer avilf have 10 days from receipt of notice of Seller's inability to cure the defects to ea elect whether to terminate this Contract or accept title subject to existing defects and close the transaction without reduction in -� purchase price. The party who pays for the evidence of title will also pay related title service fees including title and abstract 55 charges and title examination. 56 (c) Survey: (check applicable provisions below) 57' d Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, specifications, and 5e' engineering documents, if any, and the following documents relevant to this transaction: SEE ADDENDUM 59• prepared for Seiler or in Seller's 60 possession, which show all cugentiy existing structures. sr QrBuyerwill,at n Seller's Buyer's expense and within the time period allowed to deliver and examine title evidence, 62 obtain a current certified survey of the Property from a registered surveyor. If the survey reveals encroachments on the 631 Property or that the improvements encroach on the lands of another, U Buyer will accept the Property with existing QA encroachments 0 such encroachments will constitute a title defect to be cured within the Curative Period. 65 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. u6 (e) Possession: Seller will deliver possession and keys for all locks and alarms to Buyer at closing 67• 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in BROWARD County, Florida on ea, or before the or within 90 days from Effective Date ('Closing Date"), unless otherwise extended us• herein. U Seller ;a Buyer will designate the closing agent. Buyer and Seller will, within 0 days from Effective Date, deliver to 7o Escrow Agent signed instructions which provide for closing procedure. If an institutional lender is providing purchase funds, lender 7+ requirements as to place, time of day, and closing procedures will control over any contrary provisions in this Contract. iz (a) Costs: Buyer will pay tabes and recording fees on notes, mortgages and financing statements and recording fees for the deed. 73 Seller will pay taxes on the deed and recording fees for documents needed to cure title defects. if Seller is obligated to discharge N any encumbrance at or prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances, (b) Documents: Seller will provide the deed, bili of salo, mechanic's lien affidavit, assignments of leases, updated rent roll, iC, tenant and lender estoppel letters, assignments of permits and licenses, corrective instruments and letters notifying tenants of T? the change in ownership/rental agent. if any tenant refuses to execute an estoppel letter, Seller will certify that information 70 regarding the tenant's lease is correct. if Seller is a corporation, Seller will deliver a resolution of its Board of Directors 79 authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth 00 facts showing the conveyance conforms with the requirements of local law. Seller will transfer security deposits to Buyer. Buyer al will provide the closing statement, mortgages and notes, security agreements and financing statements. e2• Buyer ( i� L__J and Sellertt,aJ L.__) acknowledge receipt of a copy of this page, which is page 2 of 5 Pages. ** The Prop6rty conveyed herein shall not be used for any purpose related to the waste industry including, but not limited to, the hauling, processing, tr~ans' ing, storage, recycling or disposal of recyclable materials, municipal solid waste or hazardous waste. These restrictions are declared to be covenants running with the la c in perpetuity commencing with the date of the deed, and shall be fully binding upon al persons or entities acquiring title to the Property whether by descent, devise, purchase or otherwise. 83• (c) Taxes, Assessments, and Prorations: The following items will be made current and prorated 0 as of Closing Date 84• C] as of : real estate taxes, bond and assessment payments assumed by Buyer, interest, 05• rents, association dues, insurance premiums acceptable to Buyer, operational expenses and 66 If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year will be used with due 87 allowance being made for improvements and exemptions. Seller is aware of the following assessments affecting or polentiaily ee• affecting the Property: 89 Buyer will be responsible for all assessments of any kind which become due and owing on or after Effective Dale, unless the so improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act ("FIRPTA") requires Buyer to withhold at closing a 92 portion of the purchase proceeds for remission to the Internal Revenue Service ("I.R.S.") if Seiler is a "foreign person" as defined 93 by the Internal Revenue Code. The parties agree to comply with the provisions of FIRPTA and to provide, at or prior to closing, e4 appropriate documentation to establish any applicable exemption from the withholding requirement. If withholding Is required 55 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds and Buyer will provide proof to Seller that such funds were properly remilted to the I.R.S. er 6, ESCROW: Buyer and Seller authorize ire Tj 7L&- 9a, LE 96 Telephone. (30533_V, . -9970 Facsimile: j305) 933.099Address: 78305 Biscayne Boulevard -suite 302 Aventura FL s to act as 'Escrow Agent' 1rr3 to receive funds and other items and, u j c}1to clearance, disburse them in accordance with the terms of this Contract, Escrow for Agent will deposit all funds received in fon-interest bearing escrow account `A an interest bearing escrow account with ur2• interest accruing to Purchaser with interest disbursed (check one) �Z at closing Ira• D at intervals. If Escrow Agent receives conflicting demands or has a good faith doubt as to Escrow 1oa Agent's duties or liabilities under this Contract, he/slue may (a) hold the subject matter of the escrow until the parties mutually 1G5 agree to its disbursement or until issuance of a court order or decision of arbitrator determining the parties' rights regarding the w escrow or (b) deposit the subject matter of the escrow with the clerk of the circuit court having jurisdiction over the dispute, Upon 1u7 notifying the parties of such action: Escrow Agent will be released from all liability except for the duty to account for items 1m previously delivered out of escrow. It a licensed real estate broker, Escrow Agent will comply with applicable provisions of Chapter 1c9 475, Florida Statutes. In any suit or arbitration In which Escrow Agent is made a party because of acting as agent hereunder or 110 Interpleads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer or Seller of 113 escrowed. Items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 114 7, PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as Is" condition, ordinary 115 wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketability of title. By accepting the Property "as is," Buyer waives all claims against Seller for any defects In the n7 property. (Check (a) or (b)) 118• iJ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" condition. 119• Q (b) Due Diligence Period: Buyer will, at Buyer's expense and within 60 days from Effective Date ("Due Diligence Period"), 120 determine whether the Property Is suitable, In Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections') which Buyer deems necessary to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; Ilood zone designation and restrictions; subdivision 12A regulations; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 120 American will) Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections that Buyer deems 127 appropriate to determine the suitability of the Property for Buyer's intended use and development, Buyer shall deliver written notice 128 to Seller prior to the expiration of the Due Diligence Period of Buyer's determination of whether or not the Property is acceptable, ,29 Buyer's failure to comply with this notice requirement shall constitute acceptance of the Property In its present 'as is` condition. 130 Seiler grants to Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence 131 Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer shall indemnify and hold Seller harmless from losses, damages, costs, 123 claims and expenses of any nature, including attorneys' fees at all levels, and from liability to any person, arising from the conduct of 1 s: any and all inspections or any work authorized by Buyer, Buyer will not engage in any activity that could result in a mechanic's lien 135 being filed against the Property without Seller's prior written consent. In the event this transaction does not close, (1) Buyer shall 38 repair all damages to the Pfopeny resulting from the Inspections and return the Property to the condition it was in prior to conduct of 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seller all reports and other work generated as a rosult of the los Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's deposit shall be 139 immedi4IN ateiiy returned to Buyer and Contract terminated. tau- Buyer (___.) and Sellef' ) (_) acknowledge receipt of a copy of this page, which is page 3 of 5 Pages. I'll (c) Walk-through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the parlies, 112 conduct a final "walk-Ihrough" Inspection of the Property to determine compliance with this paragraph and to ensure that all 1.3 Property is on the premises. I.M. (d) Disclosures: 1.15 1. Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient ins quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state 117 guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. lay 2. Energy Efficiency: Buyer may have determined the energy efficiency rating of the building, if any is located on the Real leo Property, lei S. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seiler will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely Impact the les Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that materially affect the Property or sa• Buyer's intended use of the Property will be permitted Id only with Buyer's consent !D without Buyer's consent. I.5 9. RETURN OF DEPOSIT; Unless otherwise specified in the Contract, in the event any condition of this Contract is not met and I eb Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in ,sF accordance with applicable Florida laws and regulations. iss 10. DEFAULT: les (a) In the event the sale is not closed due to any default or failure on the pall of Seller other than failure to make the title 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific pegdvance. tul r d 162 (b) in the event the sale is not closed due to any default or fatlura on the pari of Buyer, Seller may eith (1) retai�aVll deposits) IU3 paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the execution of this Contract, and y IVl full settlement of any claims, upon which this Contract will terminate, -If Seller retains the 1E, deposit, ,rr, by 167 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relating to this Contract, the prevailing party, iso which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, costs and 159 expenses. wo 12. BROKERS: Neither Buyer nor Seller has utilized Ilse services of, or for any other reason owes compensation to, a licensed 171 real estate Broker other than: 172• (a) Listing Broker-, Tony Hoover- First VP of CBRE 173• who Is 0 an agent of Seller Waste Management Inc of Florida 1.1 a transaction broker Q a nonrepresentative 174• and who will be compensated by 0 Seller Q Buyer Q both parties pursuant to Q a listing agreement Q other (specify) 175• 176, 177' 1,s• (b) Cooperating Broker. NIA 17s• who is p an agent of Q a transaction broker D a nonrepresentative 1;w• and who will be compensated by t7 Buyer U Seller U both parties pursuant to 'J an MLS or other offer of compensation to a ler cooperating broker Q other (specify) 18,21 163, 1r,1 185 (collectively referred to as 'Broker') in connection with any act relating to the Properly, including but riot limited to Inquiries, 1 e introductions, consultations and negotiations resulting in this transaction. Seller and Buyer agree to indemnify and hold Broker ler harmless from and against losses, damages, costs and expenses of any Intl, including reasonable attorneys' fees at all levels, and wa lrom liability to any person, arising from (1) compensation claimed which is inconsistent with lire representation in this Paragraph, (2) ,ag enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or r:yj Seller, which duty is beyond the scope of services regulated by Chapter 475, F,S., as amended, or (4) recommendations of or services Is1 provided and expenses incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Seiler. 192. 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise Q Is not assignable 193-121 is assignable. The terms "Buyer," 'Seller" and "Broker" may be singular or plural, This Contract is binding upon Buyer, Seiler i9a and their heirs, personal represen ve�s, successors and assigns (if assignment is permitted). se Buyer ( ]� (_) and Sell r (� j (� acknowledge receipt of a copy of this page, which is page 4 of 5 Pages. Igo 14. OPTIONAL CLAUSES: (Check it any of the following clauses are applicable and are attached as an addendum to this Contract): 197' Q Arbitration - Seller Warranty 'J Existing Mortgage ea• 2 Section 1031 Exchange q Coastal Construction Control Line Other 30 Day Closing Extension tea• a Property Inspection and Repair Q Flood Area Hazard Zone Other $20,000 Extension Not Appiica eco- �6 Seller Representations a Seller Financing ❑ Other tut 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. Modifications of 202 this Contract will not be binding unless in writing, signed and delivered by the party to be bound. Signatures, initials, documents 203 referenced in this Contract, counterparts and written modifications communicated electronically or on paper will be acceptable for 2u+ all purposes, Including delivery, and will be binding. Handwritten or typewritten terms inserted in or attached to this Contract prevail los over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 2w to be fully effective. This Contract will be construed under Florida law and will not be recorded in any public records. Delivery of any 207 written notice to any party's agent will be deemed delivery to that party. 2oa THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 203 PRIOR TO SIGNING, BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORTANTTO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR E) MPLE, 2 t a INTERPRETING CONTRACTS, DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND 213 OTHER SPECIALIZED ADVICE BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL zi. REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER AGREES TO RELY 210 SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 2 t 7 CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. eta• DEPOSIT RECEIPT: Deposit of $ by u Sty oy 220 check J other received on Signature of Escrow.4gent alt OFFER: Buyer offers to purchase the Property on the above terms and conditions. Unless acceptance is signed by Seller and a 222• signed copy delivered to Buyer or Buyer's agent no later than 5 ua.m, iA p.m, on February 20 2015 223 Buyer may revoke this offer and reive a ref nd of �I deposits.(Jr ILS t ctr'r'n+J'Cr 224- Date: Date: 2/16(15 BUYER: -Ac,,-' Tax ID No; 46-2622943 i 228• Title: Vice President- Telephone: (954) 362-5707 Facsimile;_ (954) 362-5987 220• Address: 160 S. Dixie Highway, Hollywood, Florida 33020 22- Date: BUYER: I Tax ID No: 220 Title: __.._ _ Telephone; Facsimile: 229• Address; 230• ACCEPTANCE: Seller accepts Buyer's offer and agrees to sell the Property on the above terms and conditions (U subject to the 231 attached counter offer). ?32• Date:L-JI�11 Tax ID No: 2: ` Title: __— Telephone: Facsimile: 234• Address: aces• Date:SELLER: Tax ID No: 230- Title:_ Telephone: Facsimile: ear Address; 238- Buyer (_�.(j and Seiler (,j (^) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages. The Florida Association of REALTORS mottas no representation as to the legal vaildily or oduquacy of any piovislon of Ibis form in any specific transaction. This standardized form should not ba used in complex transactions or with exicnsive riders or additions. This form is available for use by the entire real estate Industry and is not intended to idenfily the user as a Await. RFhUOR is a iegistefed collective nlentbershlp murk which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscube to its Code of Ethics. The copydgllt laws of ilia Untied States (17 U.S. Code) forbid the unoulhodzod rspruduciiun of this ioml by any means inauding Iacslmiic or cunlpuleri[ed forms. CC -2 0 1997 Florida Association of REALTORSO All Rights Reaorved Attachment C 9/24/2015 www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/PropertyDetai I.asp0parcel=12434620010150050& $�Kcif h Gary R. Nikolits, GFA Homestead Exemption ope"i, 4 r'Y AY$4�h appraiser Palm Beach County Location Address 1475 SW 4TH AVE Municipality DELRAY BEACH Parcel Control Number 12-43-46-20-01-015-0050 "J"\, *** * Subdivision SUB OF SEC 20-46-43 Official Records Book 16197 Page 1 823 Sale Date OCT -2003 Legal Description SUB OF SEC 20-46-43, S 250 FT OF E 642.39 FT OF W 667.39 FT (LESS S 150 FT OFW 265.4 FT) OF LT 15 Mailing address WASTE MANAGEMENT INC C/O PO BOX 1450 CHICAGO IL 60690 1450 Price OR Book/Page Sale Type Owner $1,200,866 16197/1823 WARRANTY DEED WASTE MANAGEMENT INC OF FLORIDA No Exemption Information Available. Number of Units 0 "Total Square Feet 24318 Acres 2.7454 Use Code 9100 - UTILITY Zoning I - Industrial ( 1 2-DELRAY BEACH ) Tax Year Improvement Value Land Value Total Market Value Tax Year Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax 2014 2013 $912,008 $861,760 $670,889 $653,924 $1,582,897 $1 ,51 5,684 All values are as of January 1 st each year 2015 P $1,665,419 $0 $1,665,419 2014 $1,582,897 $0 $1,582,897 2014 $35,147 $7,603 $42,750 2013 $1 ,51 5,684 $0 $1 ,51 5,684 2013 $33,808 $7,629 $41,437 http://Www.co.pal m-beach.fl.us/papa/Asps/Property Detai I/PropertyDetai I .aspx?parcel=12434620010150050& 1 /1 Attachment D r `* For Sa I ' ' +rte. ' .a •` • r k ACH. � w, ` e c ii. •,• a A r `* For Sa I L LL 3 J C 4) E C C O O W O m o N _� O d O m � 3 (D V p H J -0 41 C N a) L �•a M Z L C 0- C a) '� U U Q U) 0 r M LO N N O M L6 X 06 M N m L a) E N Z N E O Z Qj O O 0 N O Q S C� U ■ _J T_ O N ti W F 2B I Sun Sentinel SunSem,nel.com Wednesday, October 7,2015 33 PARK COVE Contin- Continued from Page IB ued from Page IB found brothh ear FYamingo Road in "I think they made the Cea said numerous right decision," said '12mi companies probably Capozzi, a director at Royal would have responded Fiesta, an event hall in The ifthe city had put out a Cove. formal bid request for Mike O'Leary, a principal the property a half- in the development of Blue mile west of Interstate Water Hotel proposed for 95 between Com—, The Cove, said 't made tial Boulevard and Cy- se to make the offer, press Creek Road. ce the meter proposal The Schlitterbalm ming forward at the as ehtime deal was delayed se'- as the hotel, eral years as it needed which is nearly double cur, Federal Aviation Ad- rent height limits in the ministration approval because the property are! t that the con - pec ned by Fort struction will last some - Lauderdale Executive where between 16 to 18 Air t months;'O'Leary said. 'Phe FAAs interest '12kingmetersofftheFa- was in ring the ble, he said, "would make it airport rete ved a fair easie for the shops as—go price in thelease. through this process" That s 'tuationBlue Waterwllbepaying changed this year the city about $220,000 to when the FAA p- maintain the parking lot, poroved the hes plan Hgekcontributed to rids purchase r prop- report. erty from the rt for $121 million, which wkroustan@sromentinel °ved1,eFAA from .com or954-356-4303 thelease negotiations SPREE The city made its Continued from Page lB first payment to the airport, which is city- in the driveway ofa house in coned but has sep the 12800 block of South- ratea- funds,inAugust west 26th Street. When he The amended lease backed out of the driveway, formalizes the chang- deputies stopped him, the es 'In the arrangement report stated. and includes a new Christapher Brown was timeline for the project found in the driver's seat to progress. sweating and breathing The 64 -acre site in- heavily. A perimeter was set Ludes Fort Lauder- up to find his accomplice, dale Stadium, the for- detectives said. r spring training Deputies said they found home of the New York stolen laptop computer in Y kees and Baltimore his backpack, two stolen Orioles, and Lockhart credit cards in his sock, Stadium, which the black gloves and a window Fort Lauderdale Sfrlk- punch device in his pockets. ers of the North Investigators talked to AmericanSoccer neighbors and so - League plan to contin- ported having their homes ue using. broken into. One of the credit cards 11xr—ewski@xribp found in Christapher ub.com or Brown's sock belonged to 954-356 4556 one of those residents, de- tectivessaid With helpfrom llavie Po- lice K 9 officers and a heli - Representatives for Brookstone Partners, LLC, Wle hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SW 4'" Avenue, Delray Beach, FL, and identified by Parcel Control Number 12-43-46-20-01-015-0050, as a brownfield area pursuant to §376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including public hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting will be held at the Delray Beach Public Library, 100 West Atlantic Ave., Delray Beach, FL, 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 or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 3rd Avenue, Suite 2120, Miami, FL 33131; and/or by email: mgoldstein@golosteineavlaw.com. Heg What some have called the only free parking next to the Intracoastal Waterway in South Florida will likely continue at least for the next three years Ganz said. titularly as the project's But Mayor Jean Robb particulars come before the said having the city receive City Commission. payment from a developer I don't think the city puts the city in a bind, par- should make any kind of a Brown was Further investigation us foud'nin a wooded found brothh ear FYamingo Road in credit cards stolen in West - Davie .His backpack con- on and that other stolen tained property stolen from property was found in their homes and cars, police said north Miami -Dade home, More charges have been Kravecz said added since their initial ar- At his appearance in rests. court tnesday, Christapher B—ard Sheriff's Deto- Brown —facing 33 counts tive Michael Kravecz told with bond set at $185,500. Judge John Hurley that the Bradley Brown is facing 35 Brown brothers were sus- charges with bond set at petted in a series ofthefts in $164,500. Weston in July. Both remained injail be - "There were numerous cause they are wanted in burglaries, both vehicle and Palm Beach County for residential, that occurred in crossing a county line to Windmill Ranch [and] I was commit a crime, jail records able to get security video," showed. he said. "The court is concerned "You could see the same that this is a tri -county two subjects on bicycles crime spree and this is on - basically going from house going criminal activity" to house, going up to cars Hurley said in setting the with flashlights, looking in bonds. the cars and pullingon door handles" Strf'researchaBarbam Cellphone records Hgekcontributed to rids showed the brothers talked report. to each otherbetween 1 a.m and 5 am. in that neighbor- wkroustan@sromentinel hood, he said. .com or954-356-4303 • • Full Collision & Frame Repair Specialist • Ask Row We Can Save Year, Deductible WE WILL BEAT ANY LEGITIMATE PA_ WRITTEN ESTIMATE BY 10% cvmA U MA if AX U PAINT 1 995 Fnnln: custom or oily aXa. XacX�,"o: Ma :$42 erss, a o�ry.E cel High Quality Special $74995 1 3YEM FADING GUARAN!EE compaa at5asa'mra ysal 1 Crrack- (FUIlGuarantee Against bn91lAtlingsM1ln. 0leln M1 1 1 i-nolg, Peeling, Flaking 1 Base Coat & Cleer Caat Factory Special 599�`'� 1 7 YEAR FULL GUARANTEE ms°I�=e"'"11 1 Against Cracking. Peeling, CunpareaE$SBr.—cararall Flaking&Fading tapn line. Ededu only 1 Fac— — Custom Colors 1 Wtlsa 16h U HMdw.r- t f 8e.71REPAIR TER FREE Pin Stripe With Any Paint Service 191s NV! 40M C[. •Pompano NOORs: MON.-FRI. cNA.M.t 6 P.M, SAT. BA.MA2am) P.M. plreilnm'.Pvxe�lu M.lp mileX.bSamplelanWX.Pma�lu M.,EffiIn Mendni late. LeXbsMp. -LUG FILLERS r=` 954470-Et50ol e C CARRY Continued from Page IB statistics maintained by the (U.S) Department of Justice;' MattGaetz said. Still, the measure, backed by gunright groups, may need to be changed or face opposi- tionin future committees. Gaetz said the bill wouldn't have any impact on a separate proposal (SB 68 and HB 4001) that would allow people to carry concealed weapons cn state university and ollege campuses nor would it permit people to vast nbusirlesses thatoprol- hfbitfirealms. Gary Hunter repre- senting the Florida Cham- ber, of Commerce, said the bill needs more clarity about private property rights "That's an important is- sue many businesses who feel like that's some- thing that could be ofcon- n to them," Hunter said. Chamber of Commerce Executive Vice President David Hart said outside the meeting that the busi- ness group, which hasn't taken a formal position on the Gaetz proposalbuthas aboard -level policy about protecting private proper- ty rights, will oppose the measure if it continues to deal with Mr. O'Leary," Robb said. "We should not bebeholdenP She was the lone vote against tabling the motion to install meters at The Cove. ageggis@sun-sentinel.com, 561-243-6624 or Twitter @AnneBoca advance without changes. Others said the propos- al needs to better define how people can publicly display handguns while openly carrying. "What we're talking about is allowing people to walk down a street with a firearm in their hand — pointed down, not pointed t anyone but pointed down — they can lawfully walk past a bank, past a bar, past a school, not en- cased in a holster,, said Rep. D.e Kerner, a Lake Worth Democrat who voted against the measure. Kerner added that there is Ede instmetion in con- cealed -weapons training courses about how to keep other people from simply taking openly carried fir, arms. said he expects concealed -weapons wouldbe changed to include better instruo- tion onhow people can se- re their weapons while openly carrying. 'We've frosted various gun -safety organizations to be able to develop that icuharr Goetz said. "I think a natural conse- quence of this bill is it will be that that curriculum will evolve to reflect the rights people have:' As for law enforcement, the Florida Sheriffs Asso- ciation has yet to take a position. Did You Know... some private wealth managers provide their clients with low risk and low volatility portfolios? If you have been enjoying the thrill ride the equity markets have provided the past few weeks, we may not be a good fit for you. For investors who seek to achieve reasonable rates of return over a full market cycle and avoid signficant drawdowns, we may be a great ft. Significant risks to your retirement lifestyle are longevity and sequence of returns risk Ask us how we can help! CALL 954-768-9300 NOW A&iultANsi Fir-misi;jALGilIOLTPy Lvc — $£(L'A6IP6fFPf.MAT iGlA•tlrr 5353 NuriT Fetl I 1-0Nway, SLa[e ]VL FCL[ LaudetdBle, FL 33i]X e„"aa=� �wyLs,.L,d.a sr�.Cucrsrr«�.e 'on��+ma.waa,.�rr��a.'�ias�..�.�"ax°�'o..r°`�n.•�'m sr�r..aid,4..a�tednx,mrwrde„e.T,a wa:e.tsm 5...... ,.^_..•._....Wrkre'mXeUa'e SLW&fug.We roaa'eeQarWetl ax=uao,r ueEw X530 `N7YINiS&7 CL south florida > palm beach co > events > manage posting south florida I manage posting Your posting can be seen at http://miami.craigslist.ora/pbc/eve/5256386420.html. Edit this Posting You can make changes to the content of your post. Update Images I Add or remove images attached to this posting Edit Location Change how this posting appears on a map. Delete this Posting This will remove your posting from active listing. CL Posted: about 6 hours ago .................................................... log in to your account (create account) 10/14: Community Meeting Regarding Proposed Delray Beach Brownfield Area (Delray Beach Public Library) Community Meeting Regarding Proposed Delray Beach Brownfield Area Representatives for Brookstone Partners, LLC, will hold a community meeting on October 14, 2015, from 5:30 P.M. to 7:30 P.M. for the purpose of affording interested parties the opportunity to provide comments and suggestions about the potential designation of the property located at 1475 SW 4th Avenue, Delray Beach, FL, and identified by Parcel Control Number 12-43-46-20-01-015-0050, as a brownfield area pursuant to §376.80(2)(C), Florida Statutes, and about development and rehabilitation activities associated with the potential designation, including public hearings to be held by the Delray Beach City Commission to consider the request for designation. The community meeting will be held at the Delray Beach Public Library, 100 West Atlantic Ave., Delray Beach, FL, 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 or after the meeting date, please contact Michael R. Goldstein. By telephone: (305) 777-1682; by U.S. Mail: The Goldstein Environmental Law Firm, P.A., 1 SE 3rd Avenue, Suite 2120, Miami, FL 33131; and/or by email. o do NOT contact me with unsolicited services or offers c �v .ake Ida R% �y 2 C D E L R A A EACH � I S c u' r� © craigslist - Map data © OpenStreetMap 100 W Atlantic Ave ED venue: Delray Beach Public Library hftps://post.craigslist.org/manage/5256386420/hgc3t 1/1 NOTICE OF PUBLIC HEARIN ADOPTIONTO CONSIDER DESIGNATINGRESOLUTION BROWNFIELD NOTICE IS HEREBY GIVEN that the City Commission of the City of Di Florida, will hold a Public Hearing on TuesdaZ December 9 2015 at and a Public Hearing on Tuesday, - December 8 2015. at 7:00 p.m.i continuation of such meeting, which is set. by .the City Commission),.:„ Commission Chambers at City Hal(,` located: at 100 N.W. 1t' Avenue DE FL 33444, in order to consider adoption of the following resolution: RESOLUTION NO. 78-15 A RESOLUTION OF THE CITY 'COMMISSION OF THE CITY OF DELR, FLORIDA, MAKING FINDINGS; DESIGNATING AS A BROWNFIELD'AREA V CITY OF DELRAY BEACH, FOR THE PURPOSE OF ENVIRONMENTAL RENA AND ECONOMIC DEVELOPMENT; THE PROPERTY LOCATED AT 1475 SW'4 DELRAY BEACH, PALM BEACH COUNTY,FL, APPROXIMATELY 2.7 AC BROWNFIELD. AREA PURSUANT TO SECTION 376.80(2)(C), FLORIDA` FOR THE PURPOSE. OF REHABILITATION, JOB CREATION AND ±P ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY 'OF"DELRAY :'. NOTIFY THE FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTIO DESIGNATION; PROVIDING AN: EFFECTIVE DATE:: I�I{f ILLI ( ceoi m T jI �U���� � i 3 I I _ � g ry jl 1 j "wunnn eme ELlolon Brva in Friday, November 2U, 2U15 >. Tuesday, November 24, 2015. RECEIVED SUN SENTINEL Published Daily DEC 0 0 2015 Fort Lauderdale, Broward County, Florida CITY CLER Boca Raton, Palm Beach County, Florida Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE Before the undersigned authority personally appeared Mark Kuznitz who oath says that he/she is a duly authorized representative of the Classif Department of the Sun -Sentinel, daily newspaper published in Broward/N Beach/Miami-Dade County, Florida, that the attached copy of advertiseme being, a PUBLIC NOTICE in the matter of THE CITY OF DELRAY BEACI RESOLUTION 78-5 appeared on NOVEMBER 20, 2015 AD ID# 3766806 affi further says that the said, Sun -Sentinel is a newspaper published In s Broward/Palm Beach/ Miami -Dade County, Florida, and that the said newspal has heretofore been continuously published in said Broward/Palm Beach/Miai Dade County, Florida, each day, and has entered as second class matter at post office in Fort Lauderdale, in said Broward County, Florida, for a period of c year next preceding the first publication of the attached copy of advertiseme and affiant says that he/she has neither paid, nor promised, any person, firm corporation any discount, rebate, commission or refund for the purpose securing this advertisement for publication in said newspaper Mark Kuznitz, Affiant ON& H KAREN GOLDS Lvorn to nd subscribed before me on VEMBER .D 20 2015 Notary Paboc - State of Florida Cominlsslon / FF 004335 ` MY Owns. Expires Nov 21, 2019 /Y e Y BgldedtlsapbN1091u1Nalayllssn. Signature of Notary Public) (Name of Notary typed, printed or stamped) Personally Known X or Produced Identification