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05-19 RESOLUTION NO. 05-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE USE OF UP TO $350,000 FROM FUNDS PROVIDED TO THE CITY BY THE UNITED STATE ENVIRONMENTAL PROTECTION AGENCY AS PART OF THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND PROGRAM TO PROVIDE FOR THE CLEANUP OF THE CLEARWATER AUTOMOTIVE SITE OWNED BY THE COMMUNITY REDEVELOPMENT AGENCY AND PROVIDING THE BASIS FOR THE REPAYMENT OF THE FUNDS BY THE REDEVELOPER OR OTHER PRIVATE ENTITY WHO ULTIMATELY OCCUPIES THE SITE OR OTHERWISE BY THE CITY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property, located at 205, 317, 319 South Martin Luther King Avenue and 312 S. Washington Avenue, (the "Site") in the City of Clearwater is located in a community redevelopment area as lawfully established; and WHEREAS, a Community Redevelopment Agency has been established and is authorized to exercise the extensive and broad redevelopment powers contained in the Community Redevelopment Act of 1969, Florida Statutes Chapter 163, Part III (the "Act"); and WHEREAS, the City of Clearwater is the custodian of funds and "lending institution" pursuant to the Brownfields Cleanup Revolving Loan Fund ("BCRLF") established; and WHEREAS, the City desires to utilize certain funds to be provided to the City by the United States Environmental Protection Agency (the "EPA") as part of the Brownfields Cleanup Revolving Loan Fund (the "BCRLF") to assist the CRA in the exercise of such redevelopment powers as contained in the Act in order to provide for the environmental cleanup of the Site so that it is available to developers and other private parties for economic redevelopment of the site consistent with the Act; and WHEREAS, such funds will be provided by the EPA to the City as needed to meet specific expenses properly incurred by the CRA in connection with contracts entered into directly by the CRA for the environmental cleanup of the Site; and WHEREAS, the Site is, or will be by the date of BCRLF loan closing, owned by the CRA, which is in a better position to convey the Site to a developer or other private entity if the CRA provides for the environmental cleanup of the Site; and Resolution No. 05-19 WHEREAS, there will be money available within the BCRLF in Account # 181- 99802 for such purposes when needed; and WHEREAS, the City desires to set forth the basis for the use of such funds as received from the EPA for the Site and the method of repaying such funds into the BCRLF; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City is hereby authorized and directed to appropriate funds available or to be made available by the EPA in the BCRLF, to the CRA in the amount of up to $350,000.00 for the purposes of providing for the environmental cleanup of the Site. Section 2. As part of the use of such funds the City hereby incorporates by reference the requirements and conditions of the EPA as contained in the Cooperative Agreement between the City and the EPA in connection with the establishment of the BCRLF, and summarized in the attached Exhibit 1, including the requirement that the cleanup be completed within one year of the commencement thereof unless otherwise extended by the EPA. The City also agrees that it and/or the CRA shall provide in any contract for such environmental cleanup any language required by the EPA in connection therewith. Section 3. The funds so appropriated by the City from the BCRLF and utilized by the CRA for this purpose shall be repaid to such BCRLF by the City or the CRA either from: a) amounts repaid to the City or the CRA from the private developer or another party to whom the CRA ultimately conveys the Site following the environmental cleanup provided for herein; b) TIF funds; c) the General Fund of the City through budget appropriations in subsequent years so that such BCRLF may be made available by the City for the environmental cleanup of the other sites; the property is unable to be sold after a reasonable time (within five years of the completion of the environmental cleanup provided for herein); d) other means legally sufficient and approved by EPA. Any payment from the City of Clearwater General Fund is subject to the annual appropriations process. Section 4. The City agrees that it will require the CRA to in turn require the developer or other person or entity to whom the Site is conveyed following the environmental cleanup herein authorized, to pay the City the necessary amount to repay into the BCRLF the amount appropriated herein for the cleanup of the Site as part of the Contract for Purchase and Sale. 2 Resolution No 05-19 Section 5. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of May ,2005. 4~ j( ~ F~k V. Hibbard . Mayor Approved as to form: Attest: -.... ... " -~" ~~ad~~ Ity Clerk- ----- -- .' '. --- " . ./~ - -- - - ~ 3 Resolution No 05-19 Resolution No. 05-19 Exhibit 1: Brownfields Cleanup Revolving Loan Fund Summary of Requirements Conduct BCRLF response activities in accordance with the cooperative agreement and CERCLA and consistent with the NCP for the percentage of funds originating from EP A. ELIGIBLE ACTIVITIES · Clearwater BCRLF pilot funds will be used for environmental cleanup activities on contaminated redevelopment sites in the City's designated Brownfields area. BCRLF cleanups will meet the NCP requirements identified for non-time critical cleanup actions- i.e., cleanup actions for which a planning period of at least 6 months exists. These include actions associated with removing, mitigating, or preventing the release or threat of a release of a hazardous substance, pollutant, or contaminant. · BRCLF pilot funds may be used to clean up sites with an actual release or substantial threat of a release of hazardous substance, or at sites which pose a substantial danger to the public health or welfare. · BCRLF pilot loan funds may be used for site monitoring activities that are reasonable and necessary during the cleanup process. · BCRLF funds may be used for costs associated with meeting public participation, worker health and safety, and interagency coordination requirements. INELIGIBLE ACTIVITIES · Clearwater BCRLF money from EP A will not be used on site assessment, identification and characterization, remediation of a naturally occurring substance or public or private drinking water supplies that have deteriorated through ordinary use; development activities that are not removal actions (e.g., construction of a new facility, marketing of property, or job training); remedial actions at sites listed or proposed for listing on the USEP A National Priorities List remedial actions at sites subject to ongoing Federal or State enforcement actions or remedial actions at Resource Conservation and Recovery Act (RCRA) permitted or interim status facilities. · Clearwater BCRLF money from EP A will not be given to a party which is determined to be a generator or transporter of contamination at a brownfields site(s) for work on that site. · EP A BCRLF Pilot funds will not be used to clean up products that are part of the building structure and result in exposure within the structure. Resolution No. 05-19 Exhibit 1: Brownfields Cleanup Revolving Loan Fund Summary of Requirements · EP A funded BCRLF Pilot funds will not be used for cleanup at site contaminated by petroleum products, unless they are believed to be co-mingled with a hazardous substance, pollutant, or contaminant. OTHER REQUIREMENTS · BCRLF cleanups will meet the National Contingency Plan public participation requirements including ensuring the availability of documents, providing adequate public comment periods, and designating a spokesperson to inform the community of actions concerning the site. · Document use of all funds, maintaining records which segregate expenditures from Federal and non-Federal sources. Federal expenditures are subject to Federal regulations governing the use of federal money. · Maintain documentation for a minimum of lO years after the completion of the cleanup activity supported by the loan or for the length of the loan, whichever is longer, and obtain written approval from EP A prior to disposing of records. · Use of no more than 15 percent of the loan for allowable administrative activities. · Upon selection of a site for cleanup under the cooperative agreement, provide EP A with a site description, including: location of site, physical characteristics of site (i.e., geology, proximity to drinking water supplies), nature of release at site (i.e. contaminant type and affected media), past response actions at site, and response actions still required at site. · Prior to the disbursement of funds, an acceptable loan application package must be completed. This application includes a Memorandum of Agreement with Atlanta DEP. The Application Package will include BSRA and certification that the response activities have been coordinated with other State agencies, and will identify the contact names for site project management and for coordination with the State offices. In addition, the application package will include a site-specific Community Relations/Involvement Plan, a site-specific Health and Safety Plan, and a site-specific Quality Assurance Project Plan. · Projects funded by EP A money through the BCRLF must comply with applicable federal regulations regarding procurements, conflicts of interest, political activities, and hiring of personnel; federal, state and local laws, regulations, and ordinances, including the following: Resolution No. 05-19 Exhibit 1: Brownfields Cleanup Revolving Loan Fund Summary of Requirements l. Title VI of the Civil Rights Act of 1964 (Public Law 88-352, 42 V.S.C. Section 2000-d), which prohibits discrimination on the basis of race, color or national origin; 2. Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. Section 794), which prohibits discrimination on the basis of handicap; 3. The Age Discrimination Act of 1975, enacted as an amendment to the Older Americans Act (Public Law 94-135), which prohibits unreasonable discrimination based on age; and 4. Title IX of the Education Amendments of 1972 (20 V.S.C. Section l68l, et seq.), which prohibits discrimination on the basis of sex in education programs and activities, including those not offered or sponsored by an education institution; 5. Federal Fair Labor Standards Act (29 V.S.C. Section 201) which sets minimum wage and maximum hours; 6. Section 114 of the Clean Air Act, as amended (42 U.S.C. Section l857, et. seq.) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section 1857, et seq.), as well as other applicable requirements specified in said Acts and all regulations and guidelines issued thereunder; 7. Executive Order 11990, relating to the protection of wetlands; 8. Executive Order ll988, relating to flood plain management; 9. National Environmental Policy Act of 1969 (Public Law 91-190) and Executive Order 11514, Protection and Enhancement of Environmental Quality as amended by Executive Order ll99l; lO. Section 106 of the National Historic Preservation Act of 1966 as amended (15 V.S.C. Section 470), Executive Order 11593 and the Archeological and Historic Preservation Act of 1966 (16 V.S.C Section 469a-l et seq.) by consulting with the State Historic Preservation Officer as necessary to identify properties which may suffer adverse effects as a result of this project. ll. Executive Order 11246's equal opportunity clause; all contracts and subcontracts which have or are anticipated to yield in excess of $lO,OOO within l2 months in carrying out the project will include this clause. 12. Coordination with identified State agencies.