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Item D04C ounty of M onroe {f `° " rel BOARD OF COUNTY COMMISSIONERS n Mayor David Rice, District 4 The FlOnda Key y m 1 �� Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting July 18, 2018 Agenda Item Number: D.4 Agenda Item Summary #4371 BULK ITEM: Yes DEPARTMENT: Building TIME APPROXIMATE: STAFF CONTACT: Mark Boone (305) 289 -2505 N/A AGENDA ITEM WORDING: Approval to submit Hazard Mitigation Grant Program (HMGP) application for Acquisition and Demolition in the amount of $10,000,000.00 for buyouts of flood - prone properties owned by private individuals willing to sell, using Community Development Block Grant funding as 25% match. ITEM BACKGROUND: Following Hurricane Irma, Monroe County is eligible to apply for HMGP funding for mitigation activities in support of creating a more resilient community. This application is specifically for the mitigation technique of Acquisition/Demolition with an estimated budget of $7.5Million from HMGP and $2.5M from CDBG. Attached is the County's application and supporting documentation along with one example property who voluntarily agreed to participate in the program. Staff is working with multiple property owners (60+ property owners have expressed interest in participation in this program) and staff expects to assist approximately 30 property owners throughout the County who are interested in selling due to Irma impacts as well as future flood, wind, and storm surge risk. Property Acquisition and Structure Demolition include the voluntary acquisition of an existing flood -prone structure and, typically, the underlying land, and conversion of the land to open space through the demolition of the structure. The property must be deed - restricted in perpetuity to open space uses to restore and /or conserve the natural floodplain functions. The State of Florida Department of Emergency Management has strategically chosen this method as their highest priority, due to the nature of damages caused by Irma. If approved, the County will implement a program to prioritize buyouts in accordance with risk of future flooding as well as other comprehensive plan priorities of each affected jurisdiction. For example, properties with no flood insurance at the time of the storm, having repetitive flood losses, located in flood prone areas, below base flood elevation and having sustained significant damage would be a higher priority. Prior to the grant application deadline, staff will finalize the application with various property owners to submit to the Florida Department of Emergency Management (FDEM). If awarded, the program will be implemented. Property Owner participation at this level doesn't guarantee the County will purchase the land and no sales prices are agreed upon until after the County is awarded funding, if approved. PREVIOUS RELEVANT BOCC ACTION: CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: Statement of Assurances for Property Acquisition Projects FDEM project type recommendation letter Draft Monroe County FEMA Deed Restriction fema model — deed — restriction model_statement_of assurances_ for _property_acquisition _projects Monroe County Emergency Management sample -lms- project- submission - letter Demolition Bid Tabulation Spreadsheet of Potential Acquisitions HMGP APPLICATION - ACQUISITIONS FIRM MAP 12087C1336K VEGA - NOTICE OF VOLUNTARY INTEREST hmgp- application -final - VEGA VEGA - DECLARATION AND RELEASE VEGA - DUPLICATION OF BENEFITS FINANCIAL IMPACT: Effective Date: PENDING Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: hI W TA 1 X117.1.6 Mark Boone Completed Assistant County Administrator Christine Hurley 06/29/2018 Peter Morris Completed Bob Shillinger Completed Budget and Finance Completed Maria Slavik Completed Kathy Peters Completed Board of County Commissioners Pending 1:25 PM 06/29/2018 1:11 PM Completed 06/29/2018 2:59 PM 07/02/2018 2:48 PM 07/03/2018 9:26 AM 07/03/2018 9:43 AM 07/03/2018 4:44 PM 07/18/2018 9:00 AM Statement of Assurances for Property Acquisition Projects SEND THIS STATEMENT OF ASSURANCES ATTACHED WITH THE PROJECT APPLICATION, OR SEND TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY AT THE TIME OF APPLICATION. NOTE: If you have questions regarding any of these assurances, please consult the program guidance and contact the sponsoring agency. Name of Applicant: As the duly authorized representative of the sub - applicant, I certify that the sub- applicant 1. Will ensure that participation by property owners is voluntary. The prospective participants have been informed in writing that participation in the program is voluntary, that the Sub - applicant will not use its eminent domain authority to acquire their property for the project purposes should negotiations fail; 2. Will ensure each property owner will be informed, in writing, of what the Sub - applicant considers to be the fair market value of the property. The Sub - applicant will use the Model Statement of Voluntary Transaction to document this and will provide a copy for each property after award; 3. Will accept all of the requirements of the FEMA grant and the deed restriction governing the use of the land, as restricted in perpetuity to open -space uses. The Sub - applicant will apply and record a deed restriction on each property in accordance with the language in the FEMA Model Deed Restriction. The community will seek FEMA approval for any changes in language differing from the Model Deed Restriction. 4. Will ensure that the land will be unavailable for the construction of flood damage reduction levees and other incompatible purposes, and is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date; 5. Will demonstrate that it has consulted with the US Army Corps of Engineers regarding the subject land's potential future use for the construction of a levee system, and will reject future consideration of such use if it accepts FEMA assistance to convert the property to permanent open- space; 6. Will demonstrate that it has coordinated with its State Department of Transportation to ensure that no future, planned improvements or enhancements to the Federal aid systems are under consideration that will affect the subject property; 7. Will remove existing structures within 90 days of settlement; 8. Post grant award, will ensure that a property interested is conveyed only with the prior approval of the FEMA Regional Director and only to another public entity or to a qualified conservation organization pursuant to 26 CFR 1.170A -14; 9. Will submit every three years to the Grantee, who will then submit to the FEMA Regional Director, a report certifying that it has inspected the subject property within the month preceding the report, and that the property continues to be maintained consistent with the provisions of the grant. If the subject property is not maintained according to the terms of the grant, the Grantee and FEMA, its representatives, designated authorities, and assigns are responsible for taking measures to bring the property back into compliance; and 10. Will not seek or accept the provision of, after settlement, disaster assistance for any purpose from any Federal entity with respect to the property, and FEMA will not distribute flood insurance benefits for that property for claims related to damage occurring after the date of the property settlement. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified assurances and certifications. Type Name of Authorized Agent Signature Title Date Signed RICK SCOTT Governor September 21, 2017 Attn: LMS Coordinators RE: Hazard Mitigation Grant Program Project Type Recommendation Dear Emergency Management Professionals: BRYAN W. KOON Director The State of Florida received a Presidential Disaster Declaration (DR-4337-FL) on September 10, 2017 for Hurricane Irma, which impacted many counties in the State of Florida. Federal aid to supplement state and local hazard mitigation efforts, including the Hazard Mitigation Grant Program (HMGP), will be made available throughout the state and administered by the Florida Division of Emergency Management (Division). HMGP provides funding for technically feasible, cost-effective mitigation activities that reduce or eliminate long-term risk to people and property from natural hazards and their effects. Florida Administrative Code, 27P-22 designates the Local Mitigation Strategy Working Groups (LMS) as the responsible entity for coordinating mitigation activities within the County. The LMS works with local stakeholders to identify, prioritize, and select eligible mitigation activities to be submitted for funding consideration under the HMGP. This process has greatly benefited both the state and the local communities, and the state has no desire to disrupt this process. Due to the nature of the damages caused by this event, we recommend that mitigation projects submitted for consideration under the HMGP focus on acquisition of properties without flood insurance in the Special Flood Hazard Area. The benefits of flood mitigation are extensive and provide significant return on investment for communities and their citizens. While reviewing eligible projects for prioritization and selection, please consider the Community Rating System (CRS) benefits of projects and focus on maximizing these benefits whenever possible. A Notice of Funding Availability will be published shortly after 90-days from the declaration date in the Florida Administrative Register and at Floridadisaster.org. It will be distributed to all LMS, EM directors and Boards of County Commissioners as well. In the meantime, we hope that you continue to communicate to the Division's Bureau of Mitigation any questions or concerns you have about the HMGP so that we can better assist your communities when funding becomes available. If you have any questions D I V I SIO N HE AD Q U A R T E R S STATE LOGISTICS RESPONSE CENTER 2555 Sh U mard Oak Blvd Te1:850-815-4000 2702 Directors Row Tallahassee, FL 32399-2100 www.FloridafDisastcr org Orlando, FL 32809-563 1 Packet Pg. 1265 LMS Coordinators September 21, 2017 Page Two regarding this letter or any of our mitigation grant programs, please call the Mitigation Hotline at (850) 815-4524. Sincerely, Wt%�AWAR99R, Florida Division of Emergency Management Return to: Monroe County Monroe County Building Department - Floodplain Management Office 2798 Overseas Highway Marathon, Florida 33050 ------------------------------ - - - - -- Space Above This Line For Recording ----------------------------- - - - - -- MONROE COUNTY, FLORIDA FEMA DEED RESTRICT {,;« N 141 This Exhibit "A." to the Deed conveying the 1. WHEREAS, the Robert T. Stafford Disaster Relief and "Stafford Act "), 42 U.S.C. § 5121 et seq., identifies the Mitigation Grant Program, including the acquisition 40 2. WHEREAS, the mitigation grant program provides a proco apply for federal funds for mitigation assistance to acquire in structures in the floodplain, to demolish and / ove the st Property as open space in perpetuity; and gives notice that: Assista�;`', Act (hereinafter the ter relief fit under § 5170c, Hazard of structures i}'' " and local government, through the State, to in property, including the purchase of and to maintain the use of the 3. WHEREAS, the State has applied for and has bed aideds��2inafter nding from the Department of Homeland Security, E Manage enc " " FEMA and has entered into a Y> g g Y )� mitigation grant program Gr Agree ,'pt dated 20 with FEMA and herein incorporated by ref re i , maker ��it a mitigatic nt program grantee; and , ,>1, , aifl1i 4. WHEREAS, the M� �,i' ounty o �� (�timmissioners of Monroe County, Florida, in its capacity as the 1i?si'ativ H of 1VI ale County Florida, is the fee simple title owner of that certain below- descriY�' "real propert1�� eina `' It e " Propertv Parcel(s Subdivision: (If the Property's 1 attach sheet contai Key: "ption is in metes - and - bounds, Property's metes - and - bounds) Plat Book: Page: Approximate Mile Marker: Real Estate Number(s): ; and 5. WHEREAS, the Property is located in Monroe County, Florida, and Monroe County, Florida, participates in the National Flood Insurance Program (hereinafter the "NFIP ") and is in good standing with the NFIP as of the date of the Deed conveying the Property to the BOCC; and M A 1 of 5 6. WHEREAS, Monroe County, Florida, acting by and through the BOCC, has applied for and has been awarded federal funds pursuant to an agreement with the State of Florida dated 20 (hereinafter the "State -Local Agreement "), and herein incorporated by reference, making the BOCC a mitigation grant program subgrantee; and 7. WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -Local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, THE GRANT IS MADE SUBJECT TO THE ,,JLLOWING TERMS AND CONDITIONS: Section 1. Terms. Pursuant to the terms of the Hazard Mitigatio;�rra3��rogram's statutory authorities �� Federal program requirements consistent with 44 C.F.R. Part 80 , ie Gra ,reement and the State -Local Agreement, the following conditions and restrictions shall J `' erpetuiNi" the Property described in the attached deed and acquired by the Grantee pursuant A } program req �l�' pents concerning the acquisition of property for open space: 1j,# ,z133 >4rU,trs,:1� A. Compatible Uses. The Property shall be dedicated and famed in perpetuity as open space for the conservation of natural floodplain functig _ Such uses may�'" "ode: Parks for outdoor recreational activities; wetlands management; nature r warning time is not available to allow evac other uses consistent with FEMA guidance and Requirements for B. Structures. No new 1) A public facility 2) A pulc rest `r'ti ztI 3) 1 tore that is cc flood including Admi r in writi cquisition cultivation camping (except where adequate �y improved �'� � parking lots; buffer zones; and n cquiston Hazard Mitigation Assistance, 1ij tscatiortl ,open Space. or f"' rovements ope"n all sides tible be erected on the Property other than: related to a designated open space or space and conserves the natural function of the ""scribed in Section LA., above, and approved by the FEMA construction of the structure begins. Any improvements = e Property shall be in accordance with proper floodplain management policies and practices. Structure on the Property according to Section I.B. of this section shall be floodproofed or elevat�at least the base flood level plus 1 -foot of freeboard, or greater, if required by FEMA, or if require any State law or local ordinance, and in accordance with criteria established by the FEMA Administrator. C. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre- existing structures being relocated off the property as a result of the project. M A 2of5 D. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this Paragraph. 1) The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. 2) The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement lease to a private individual or entity for purposes compatible with the uses described in P g It A. of this Section with the prior approval of the FEMA Regional Administrator, ong as the conveyance does not include authority to control and enforce the terms and n�'��s of this Section. 3) If title to the Property is transferred to a public it�tter than o�5V ith a c it must be conveyed subject to a conse ati onservation mission, °" s r�,' rded with the deed and rvon�,�n ement that shall be shall incorporate all terms and conditions` h in ;hh'(( section inc�u�ie easement holder's responsibility to enforce the easeme is ill�k e accomplisl '�d by one of the following means: A a) The Grantee shall ��ey in accorda" �fith this paragraph, a conservation easement to an enti other �� title holder shall be recorded with the deed or b) At the time of title tray, ei and record it with the 4 deed. „ {�rti, n n f „ �� srii�l \` Co veya ce o a p opt interest mu providing not��lie con �� ons in this property interest to rt t 'I } State or 1 to exist or loses its ell 31 St i 3jt d r „tl sholf retain such conservation easement, incorporate the original deed restrictions on and must incorporate a provision for the in the event that the transferee ceases ection. Section 2 Ins �chon. FE1V1A�repr�atives and assigns including the state or tribe shall have the right �� {_ �� ,'��” a „�sl to enter upQfr' '' roper ty at re table tl and with reasonable notice, for the purpose of inspecting the Property to ensu "'� Hance w`� � he te is of this art the Property con rant award. e conveyance and of the p Y ,~s m , p 1 p p y g Section 3. Monitoring'O Repo 0 g. Every three years on (Month and Day), the Grantee (mitig� gt program subgrantee), in coordination with any current successor in interest, shall submit th e State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Prperty within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. Section 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: A 3 of 5 1) The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. a) If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. b) FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 1) Withholding FEMA mitigation awards or f§tanc from the State or Tribe, and 1 l'� , Grantee; and current holder of the pro pet j rest. "! �, 2 Requiring Re uirin Transfer of Title. The r tee or t rrent holder of the property �1 � Pro ck into com interest shall bear the costs of br fiance with the `g� p p terms of the grant; or 3) Bringing an action at law - I, fixity in 1 ourt of comps , t jurisdiction against any or all of the following parti�e t l � �� I i , tai6 the local government and their respective successors. ''44,,I�l��llll,,, Section 5. Amendment. This agreement may�r ended upon s'i �� res of FEMA, the State, and the Grantee only to the extent that such amendmeri ��i ,�� t ffect the a giniental and statutory purposes underlying the agreement. y g g Section 6. Severabihty. ShouDlliyl�� vision of thgrant or ti application thereof to any person or circumstance be found to b, g valid o'i��;l'# enforceable he rest and remainder of the provisions of this grant and their application shall �''` affect, and shall re ; pp p °valid and enforceable. The un ersigne Grane��, J e grist it i�'' "wit the m formation ere contame ere that it is p t, true and correct an �j�jt 'at the � l abide by the conditions, restrictions and terms of this FEMA DFEMAstricho ` �II� Wing with thes, in � , the Grantee Federal Emergency Management Agency • ttg0000dd�a� �� dOGi. �t [The remainder of this page has been intentionally left blank.] • A 4of5 EXECUTED ON THIS day of , 20 GRANTEE NAME AND TITLE: First Witness (Signature) First Witness (Print Name) Second Witness (Signature) Second Witness (Print Name) Approved as to Form and Legal Sufficiency by: STATE OF FLO COUNTY OF M The foregoing FEN (Day), of 20 produced Notary Public Seal Federal Emergency Management Agency ("FEMA") On Behalf of GRANTOR Monroe County BOCC: Signature Print Name Date (Print) Attorney's testrico �� was acknowledged before me this (Month), by ``� who is personally known to me or as proof of identification. Notary Public (Print Name and Notary No.) Notary Public (Signature) ll 5 of 5 Model FEMA Deed Restriction Exhibit A is FEMA's Model Deed Restrictions that support 44 C.F.R. Part 80 requirements. Applications requesting mitigation assistance to acquire properties for open space purposes must include a copy of the deed restriction language proposed to meet these requirements. The deed conveying the property to the locality must reference and incorporate Exhibit A (or equivalent name). Any variation from the model deed restriction can only be made with prior approval from FEMA's Office of Chief Counsel. Such requests should be made to the FEMA Regional Administrator through the relevant State or Tribal Office. Exhibit A shall be attached to the deed when recorded. Exhibit A In reference to the property or properties ( "Property ") conveyed by the Deed between [property owner] participating in the federally- assisted acquisition project ( "the Grantor ") and [the local government], ( "the Grantee "), its successors and assigns: SELECTTHE APPROPRIATE MITIGATION GRANT PROGRAM AND DELETE ALL OTHERS: WHEREAS, the Flood Mitigation Assistance Program, as authorized in the National Flood Insurance Reform Act of 1994,Sections 1366 and 1367, (42 USC §§ 4104c, 4104d), identifies the use of FMA funds for planning and carrying out activities designed to reduce the risk of flood damage to structures insurable under the National Flood Insurance Program; WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ( "The Stafford Act "), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ( "The Stafford Act "), 42 U.S.C. § 5121 et seq., identifies the use of pre- disaster mitigation grants under § 5133, Pre - Disaster Mitigation, to assist States and local governments in implementing cost - effective hazard mitigation measures to reduce injuries, loss of life, and damage and destruction of property; WHEREAS, the Repetitive Flood Claims program, as authorized by Section 1323 of the National Flood Insurance Act of 1968 (42 USC §§ 4030), as amended by the Bunning - Bereuter - Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264, identifies the use of RFC funds for reducing flood damages to individual properties for which one or more claim payments for losses have been made under flood insurance coverage and that will result in the greatest savings to the National Flood Insurance Fund in the shortest period of time; WHEREAS, the Severe Repetitive Loss Pilot Program, as authorized under Sections 1361(A) of the National Flood Insurance Act of 1968 (NFIA, or "the Act "), 42 USC 4011 et seq., as amended by the National Flood Insurance Reform Act of 1994; Public Law 103 -325, and the Bunning- Bereuter- Blumenauer Flood Insurance Reform Act of 2004, Public Law 108 -264, identifies the use of SRL funds for uses that reduce flood damages to properties insured under the National Flood Insurance Program; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and /or remove the structures, and to maintain the use of the Property as open space in perpetuity; Whereas, [state or tribe] has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement dated [date] with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. Whereas, the Property is located in [Village /City /County], and [Village /City /County] participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; Whereas, the [local government], acting by and through the [local government] Board, has applied for and been awarded federal funds pursuant to an agreement with [State] dated [date ] ( "State -Local Agreement "), and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the [select mitigation grant program] program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State - local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph La., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre- existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on [date], the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement maybe amended upon signatures of FBVIA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. G. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. [Signed by Grantor(s) and Grantee, witnesses and notarization in accordance with local law.] Grantor's Signature Date Name (printed or typed) Grantee's Signature Date Grantee's Name Grantee's Title Last Updated: 07/27/2012 - 15:23 Model Statement of Assurances for Property Acquisition Projects SEND THIS STATEMENT OF ASSURANCES ATTACHED WITH THE PROJECT APPLICATION, OR SEND TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY AT THE TIME OF APPLICATION. NOTE: If you have questions regarding any of these assurances, please consult the program guidance and contact the sponsoring agency. Name of Applicant: As the duly authorized representative of the sub - applicant, I certify that the sub- applicant 1 . Will ensure that participation by property owners is voluntary. The prospective participants have been informed in writing that participation in the program is voluntary, that the Sub - applicant will not use its eminent domain authority to acquire their property for the project purposes should negotiations fail; 2. Will ensure each property owner will be informed, in writing, of what the Sub- applicant considers to be the fair market value of the property. The Sub - applicant will use the Model Statement of Voluntary Transaction to document this and will provide a copy for each property after award; 3. Will accept all of the requirements of the FEMA grant and the deed restriction governing the use of the land, as restricted in perpetuity to open -space uses. The Sub - applicant will apply and record a deed restriction on each property in accordance with the language in the FEMA Model Deed Restriction. The community will seek FEMA approval for any changes in language differing from the Model Deed Restriction. 4. Will ensure that the land will be unavailable for the construction of flood damage reduction levees and other incompatible purposes, and is not part of an intended, planned, or designated project area for which the land is to be acquired by a certain date; 5. Will demonstrate that it has consulted with the US Army Corps of Engineers regarding the subject land's potential future use for the construction of a levee system, and will reject future consideration of such use if it accepts FEMA assistance to convert the property to permanent open- space; 6. Will demonstrate that it has coordinated with its State Department of Transportation to ensure that no future, planned improvements or enhancements to the Federal aid systems are under consideration that will affect the subject property; 7. Will remove existing structures within 90 days of settlement; u all 8. Post grant award, will ensure that a property interested is conveyed only with the prior approval of the FEMA Regional Director and only to another public entity or to a qualified conservation organization pursuant to 26 CFR 1.170A -14; 9. Will submit every three years to the Grantee, who will then submit to the FEMA Regional Director, a report certifying that it has inspected the subject property within the month preceding the report, and that the property continues to be maintained consistent with the provisions of the grant. If the subject property is not maintained according to the terms of the grant, the Grantee and FEMA, its representatives, designated authorities, and assigns are responsible for taking measures to bring the property back into compliance; and 10. Will not seek or accept the provision of, after settlement, disaster assistance for any purpose from any Federal entity with respect to the property, and FEMA will not distribute flood insurance benefits for that property for claims related to damage occurring after the date of the property settlement. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the identified assurances and certifications. Type Name of Authorized Agent Title Signature Date Signed (On agency letterhead) Mr. Miles Anderson, State Hazard Mitigation Officer Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 -2100 Re: Hazard Mitigation Grant Program (HMGP) applications for FEMA 4337- DR -FL, Hurricane Irma Dear Mr. Anderson: The County Local Mitigation Strategy (LMS) working group has approved by vote and prioritized the following projects for HMGP funding from this disaster. These projects align with our LMS goals and objectives as noted, and with the State's mitigation goals and objectives (in accordance with the Code of Federal Regulations 44 §201.6). The County LMS group therefore presents the projects below (or in the attachment' meat' in the order that they are to be considered for funding. FEMA 4337 -DR -FL Hurricane Irma Funding Priority Project Name or Description Applicant Goal /Objective Implemented Estimated Total Project Cost Estimated Federal Share 1. Project name Applicant 3. B. j $000,000 $000,000 2. PrQje .t name Applicant 1. `t $000,000 $000,000 3. Project name Applicant 2. . j $000,000 $000,000 E tc e era For further information or inquiry, please contact me at insert phone number and email Sincerely, LMS Chair County LMS Demolition Bid Tabulation for multi -site demolition project Contractor: Cost Item Estimated Quantity BID1 EXAMPLE VENDOR Marathon, FL Bid2 VENDOR NAME City, State Bid3 VENDOR NAME City, State Unit Cost Total Unit Cost Total Unit Cost Non - friable asbestos (sf) 500 3.00 1500 Non - friable asbestos (If) 500 3.00 1500 Friable asbestos (sf) 500 4.00 2000 Friable asbestos (If) 500 $ 8.00 $ 4,000.00 Main Structure (sf) 50000 $ 4.00 $ 200,000.00 Storage Structure (sf) 5000 $ 3.00 $ 15,000.00 Impervious area - concrete (sf) 4000 $ 1.00 $ 4,000.00 Impervious area - asphalt (sf) 15600 $ 0.50 $ 7,800.00 Tree > 8 inch Dia (ea) 50 $ 500.00 $ 25,000.00 Storage Tank Removal (ea) 1 $ 3,000.00 $ 3,000.00 Contam. Soil Removal (cy) 100 $ 50.00 $ 5,000.00 Compacted Fill Placement (cy) 100 $ 40.00 $ 4,000.00 Abandon Tank in Place (ea) 1 $ 2,000.00' $ 2,000.00 Well Abandonment (ea) 2 $ 1,500.00' $ 3,000.00 Septic Tank (ea) ', 2 $ 2,000.00' $ 4,000.00 Perimeter Fence Removal (If) 5000 $ 2.00 $ 10,000.00 Silt Fence (If) 25000 $ 2.00 $ 50,000.00 Seed /Straw (sqyd) 8000 $ 1.50 $ 12,000.00 total project $ 353,800 $ avg per site $ 7,220 $ Price Rank 1 2 Mt a a r u' s , s M ' .a sd VENDOR NAME City sate mods sd§ VENDOR NAME VENDOR NAME qA sate City Ste sd7 VENDOR NAME City, State sg VENDOR NAME City, State kU Unit Cost kU Unit Cost kU a. GS Total a. GS Total a. Gs - & - a 4 5 6 7 # k � I THIS SECTION FOR STATE USE ONLY FEMA- -DR -FL ❑ Standard HMGP ❑ 5% Initiative Application ❑ Application Complete ❑ Initial Submission or ❑ Re- Submission Support Documents Eligible Applicant Project Type(s) ❑ Conforms wl State 409 Plan ❑ State or Local Government ❑ Wind ❑ In Declared Area ❑ Private Non - Profit (Tax ID Received) ❑ Flood ❑ Statewide ❑ Recognized Indian Tribe or Tribal Organization ❑ Other: Community NFIP Status: (Check all that apply) LMS Ranking: ❑ Participating Community ID #: County: ❑ In Good Standing ❑ Non - Participating ❑ CRS State Application ID: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance, please contact the Florida Division of Emergency Management at DEM HazardMitigationGrantProgram @em.myflorida.com. Section I — Applicant A. Applicant Instruction: Complete all sections that correspond with the type of proposed project Application Sections 1 -IV: Environmental Review: Maintenance Agreement. Flood Control — Drainage Improvement Worksheet: Generator Worksheet: Tornado Safe Room Worksheet: Hurricane Safe Room Worksheet: Wind Retrofit Worksheet: Wildfire Worksheet: Drought Worksheet: Request for Public Assistance Form: Acquisition Forms: Application Completeness Guidance/ Checklist: [Attach any additional items and note Section] All Applicants must complete these sections All Applicants must complete these sections Any Applications involving public property, public ownership, or management of property Acquisition, Elevation, Dry Flood proofing, Drainage Improvements, Flood Control Measures, Floodplain and Stream Restoration, and Flood Diversion — one worksheet per structure Permanent, portable generators, and permanent emergency standby pumps New Safe Room, Retrofit of existing structure, Community Safe Room, Residential Safe Room New Safe Room, Retrofit of existing structure Wind Retrofit projects only — one worksheet per structure Defensible Space, Hazardous Fuels Reduction, Ignition Resistant Construction, other Aquifers, other FEMA Form 90 -49 (Request for Public Assistance): All applicants must complete, if applicable. If project type is Acquisition, these forms must be completed. (Only one of the two Notice of Voluntary Interest forms is necessary.) Model Statement of Assurances for Property Acquisition Projects Declaration and Release Notice of Voluntary Interest (Town Hall Version) Notice of Voluntary Interest (Single Site Version) Statement of Voluntary Participation FEMA Model Deed Restriction Language All applicants are recommended to complete this checklist and utilize the guidance for completing the application. IF Packet Pg. 1283 B. Applicant Information: FEMA- 4337 -DR -FL DISASTER NAME: Hurricane Irma Title /Brief Descriptive Project Summary: Acquisition and demolition of residential structures 1. Applicant (Organization): Monroe County BOCC 2. Applicant Type: ® State or Local Government ❑ Native American Tribe ❑ Private Non - Profit ❑ Special District 3. County: Monroe 4. State Legislative Senate District(s): 36; State Legislative House District(s): 120 ; Congressional House District(s): 26 House 5. Federal Tax I.D. Number: 59- 6000749 6. Data Universal Numbering System (DUNS): 073876757 4- 7. Federal Information Processing Standards (FIPS) Code *: 12087 ( *if your FIPS code is not known, see guidance) 8. National Flood Insurance Program (NFIP) Community Identification Number: 125129 (this number can be obtained from the FIRM map for your area) _ CL 9. Point of Contact: (Person serving as the coordinator of project) CL ❑Ms. ®Mr. First Name: Mark Last Name: Boone Title: Floodplain Administrator LD Address: 2998 Overseas Highway City: Marathon State: FL Zip Code: 33050 L CL Telephone: 305- 289 -2505 Email: boone - mark @monroecounty- FL.gov CL 10. Application Prepared by: CL LD ❑Ms. ®Mr. First Name: Mark Last Name: Boone Title: Sr. Administrator, Floodplain Program co Telephone: 305- 289 -2505 Email: boone- mark @monroecounty- FL.gov 11. Authorized Applicant Agent (proof of authorization authority required) f = ❑Ms. ®Mr. First Name: David Last Name: Rice CY Title: Monroe County BOCC Mayor Address: 9400 Overseas Highway Suite 210 City: Marathon State: FL Zip Code: 33050 Telephone: 305 - 289 -6000 Email: boccdis4 @monroecounty - fl.gov E_ Signature Date: 12. Local Mitigation Strategy (LMS) Compliance a. All proposed projects must be included in the county's Local Mitigation Strategy (LMS) Project List, and on file with FDEM's Mitigation Bureau Planning Unit. Does your jurisdiction have a current FEMA Approved Mitigation Plan and this project is listed? ® Yes ❑ No b. Attached is a letter of endorsement for this project from the county's LMS Coordinator. ® Yes ❑ No Ensure the LMS endorsement letter contains both the Total Estimated Projects Cost (Section IV. D.), along with the Estimated Federal Share (Section IV. E.1.) allocated to this project. c. The LMS project list and endorsement letter both have an estimated cost column and Federal Share amount that is within $500.00 between the two ® Yes ❑ No 13. Has this project been submitted under a previous disaster event? ® No ❑ Yes, please provide the disaster number and project number (as applicable): 2 [Attach any additional items and note Section] IF Packet Pg. 1284 Section II — Project Description A. Hazards to be Mitigated / Level of Protection 1. Select the type of hazards the proposed project will mitigate: ® Flood ® Wind ® Storm surge ❑ Wildfire ❑ Other (list): 2. Identify the type of proposed project: ❑ Elevation and retrofitting of residential or non - residential structure ❑ Acquisition and Relocation ® Acquisition and Demolition ❑ Wind retrofit ❑ Drainage project that reduces localized flooding A ❑ Generator ❑ Other (please explain) 3. List the total number of persons that will be protected by the proposed project (include immediate population affected by the project only): 72 (estimated) L 4. List how many acres of "Total Impacted Area" is to be protected by the proposed project (include immediate area C affected by the project only): 7 (estimated) CL CL 5. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the 100 -year storm event (1 % chance) 30 structure(s) protected against the 100 -year storm event (10, 25, 50, 100, or 500 year storm event) 30 structure(s) protected against 180 mile per hour (mph) winds 6. Check all item(s) the project may impact: CL CL ❑ Wetlands ❑ Water Quality ❑ Previously Undisturbed Soil CL ® Floodplain ® Coastal Zone ❑ Toxic or Hazardous Substances LD ❑ Historic Resources ❑ Fisheries ® Threatened & Endangered Species ❑ Vegetation Removal ❑ Public Controversy ❑ Potential for Cumulative Impacts ® Health & Safety ❑ Other 7. Engineered projects: If your project has been already designed and engineering information is available, please attach to your application ALL calculations, H &H study and design plans (e.g. Drainage Improvement, Erosion — Control, or other special project types). ® No ❑ Yes If so, see Attachment #(s) CY B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and /or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. 1. Describe the existing problems: Properties included in this arant application are located within the Special Flood Hazard Areas AE or VE of Monroe County. Projects may have one or more of the following additional qualifying factors: damage due to Hurricane Irma, claim filed for damages due to flooding, repetitive losses due to flooding, severe repetitive losses over time, eligible for fundina for increased cost of compliance. damaaes with no flood insurance. and /or at -risk due to elevation of first floor below base - flood - elevation. 2. Describe the type(s) of protection that the proposed project will provide: Acauisition - mitiaation methods will result in permanent onsite mitiaation and the creation of open space resultant from demolition of any structure onsite. 3. Scope of Work (describe in detail what you are planning to do): Scope of work includes: Neaotiation and purchase of property. testina of premises for known pollutants. demolition. rehabilitation of native vegetation and maintenace of property. [Attach any additional items and note Section] IF Packet Pg. 1285 4. Describe any other on -going or proposed projects in the area that may impact, positively or negatively, the proposed HMGP Project: This project will not interfere with other projects nearby. 5. Describe the purpose and need for the proposed project: The cost of mitigation options for these structures is cost prohibitive. The acquisition option provides permanent onsite mitigation at a lower investment than elevating, rebuilding or repairing the structure(s). [Attach any additional items and note Section] [F Packet Pg. 1286 Section III — PrOlect Location (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and project site zip code(s). Provide precise longitude and latitude coordinates for the site utilizing a hand -held global positioning system (GPS) unit or the equivalent: Location: Monroe County, Florida Address(s): 620 Elma Avenue, Big Pine Key, Florida GPS coordinates (decimal degree format): Project Zip Code(s): 33036, 33037, 33040, 33041, 33042, 33043, 33050, 33051, 33070 2. Title Holder: EACH PROPERTY WILL HAVE ITS OWN PAGE 5 3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑ Yes ® No 4. Provide the number of each structure type (listed below) in the project area that will be affected by the project. Include all structures in project area. ® Residential property: ❑ Public buildings: ❑ Businesses /commercial property: ❑ Schools /hospitals /houses of worship: ❑ Other: B. Flood Insurance Rate Map (FIRM) Showing Project Site 1. ® Attach one (1) copy of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application (if published for your area). Also, all attached maps must have the project site and structures clearly marked on the map. FIRMs are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1- 800 - 358 -9616. For more information about FIRMs, contact your local agencies or visit the FIRM site on the FEMA Web - page at https: / /msc.fema.gov /portal 2. Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area) (See FIRM legend for flood zone explanations) (A Zone must be identified) ❑ VE or V 1 -30 ® AE or A 1 -30 ❑ AO or AH ❑ A (no base flood elevation given) ❑ B or X (shaded) ❑ C or X (unshaded) ❑ Floodwa ❑ ❑ Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project). 3. ❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM) for your area, with the project site and structures clearly marked on the map. 4. ❑ Attach a copy of a Special Flood Hazard Area Flood Insurance Assurance(s). C. City or County Map with Project Site and Photographs 1. ® Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. 2. ® Attach a USGS 1:24,000 TOPO map with project site clearly marked on the map. 3. ® For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired or elevated. Include the Tax ID numbers for each parcel, and Parcel information — including year built and foundation. 4. ® Attach photographs (at a minimum 4 photographs) for each project site per application. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas that affect the project site or will be affected by the project, and labeled. For each structure, please include the following angles: front, back and both sides. M of [Attach any additional items and note Section] IF Packet Pg. 1287 E. Funding Sources (round figures to the nearest dollar) The maximum FEMA share for HMGP projects is 75 %. The other 25% can be made up of State and Local funds as well as in -kind services. HMGP funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds that lose their Federal identity at the State level, such as CDBG, and certain tribal funds) may not be used for the Non - Federal share of the costs. 1. Estimated Federal Share $7,500,000.00 2. Non - Federal Share 3. Estimated Local Share 4. 5. $2,500,000.00 6. Other Agency Share (Identify Non - Federal Agency and availability date) 7. Total Funding sources from above $10,000,000.00 75 % Of Total (Maximum 75 %) % of Total (Cash) of Total (In- Kind * *) 25 % Of Total (Global Match * * *) % of Total 100.00% Total (Equals 100 %) **E1 Identify proposed eligible activities directly related to project to be considered for In -Kind services in Section IV.B. Labor * ** ❑Separate project applications must be submitted for each Global Match project. Global Match Project Number and Title: (TBA) CDBG -DR Hurricane Irma Recovery F. Project Milestones /Schedule of Work List the major milestones in this project by providing an estimate time -line for the critical activities not to exceed a period of 3 years of performance. (e.g. Designing, Engineering, Permitting, etc.) Milestone(s) Number of Days to Complete Evaluation and ranking of properties according to risk, availability and price 30 Appraisal/Acquisition rocess 210 Inspection for Hazmat 30 Demolition 180 Site Stabilization 90 Inspection/Verification 30 Abandon utilities and related infrastructure 120 Total 690 Days r of 7 [Attach any additional items and note Section] [F Packet Pg. 1288 Section V. Environmental Review and Historic Preservation Compliance (NOTE. This application cannot be processed if this section is not completed.) Because the HMGP is a federally funded program, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. The following information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The State Environmental Staff provide comprehensive NEPA technical assistance for Applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. 1. ® Detailed project description, scope of work, and budget/costs (Section II and Section IV of this application). 2. ® Project area maps (Section III, part B & C of this application) 3. ® Project area /structure photographs (Section III, part C of this application). 4. ❑ Preliminary project plans. 5. ❑ Project alternatives description and impacts (Section V of the application). 6. ❑ Please complete the applicable project worksheets. Documentation showing dates of construction are required for all structures. 7. ❑ Environmental Justice —Attach documents regarding evaluation (required) and satisfactory resolution (if necessary) of Environmental Justice issues (Highly Disproportionate, Adverse Impact (effects) on Minority or Low Income Population). Documents can include public meeting records, media reports letters from interested persons and groups, studies on population, ethnic groups, quality of life, housing, economics, transportation, public services, schools, public health, recreation, voting, etc. 8. ❑ Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type below. B. Executive Order 12898; Environmental Justice for Low Income and Minority Population: 1. Are there low income or minority populations in the project area or adjacent to the project area? ❑ No ® Yes; please describe any disproportionate and adverse effects to these populations: Unsafe structures being acquired are currently inhabited by populations including low income and minority. 2. To help evaluate the impact of the project, please indicate below any other information you are providing. ❑ Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. Every care is made to ensure regional resettlement, including region- specific offsetting ROGO allowances specifically for workforce /low- income housing as well as market -value offers to current residents. 3. ❑ Attached materials or additional comments: Please include pdf documentation from the US Census Quick Facts and American Factfinder's website of the project area ( http: / /www.census.gov /) . N/A M of 8 [Attach any additional items and note Section] IF Packet Pg. 1289 C. Tribal Consultation (Information Required) Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effect of their undertakings on historic properties. The NHPA requires that agencies must complete this process prior to the expenditure of any Federal funds on the undertaking. A Tribal Consultation is required for any project disturbing ground or moving soil, including but not limited to: drainage projects; demolition; construction; elevation; communication towers; tree removal, utility improvements. 1. Describe the current and future use of the project location. A land use map may be provided in lieu of a written description. Project results in public open space. 2. Provide information on any known site work or historic uses for project location. Z No known uses. Z L ❑ Attach a copy of a city or county scale map (large enough to show the entire project area) with the horizontal limits (feet) and vertical depths (square feet) of all anticipated ground disturbance of 3 inches or more. D. Alternative Actions (Information Required) The NEPA process requires that at least two alternative actions be considered that address the same problem /issue CL CL as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the "No Action Alternative ". 1. No Action Alternative LD Discuss the impacts on the project area if no action is taken. L Structures not mitigated will continue to endure flooding and damage from flooding, risk to human life will continue CL (including residents, visitors and first responders), flood damage claims will persist. CL 2. Other Feasible Alternative LD Describe a feasible alternative project that would be the next best solution if the primary alternative is not accomplished. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Please include a Scope of Work, engineering details (if applicable), estimated budget and the impacts of this alternative. Complete all of parts a -e (below). 0 a. Project Description for the Alternative _ Describe, in detail, the alternative project, and explain how the alternative project will solve the problem(s) CY and /or provide protection from the hazard(s). Also, provide pros and cons for this alternative and a reason for why it was not selected. , Elevation methods were considered for this project. However, the cost for elevations would exceed the benefit and would not always be feasible. Returning the sites to open space creates a permanent mitigation solution at E_ a cost benefit that will provide an asset for the community, safety for residents and a lessened burden for the NFIP. b. Project Location of the Alternative (describe briefly, if different from proposed project) Same ❑ Attach a map or diagram showing the alternative site in relation to the proposed project site (if different from proposed project) c. Scope of Work for Alternative Project Elevate same structures to above flood protection elevation. d. Impacts of Alternative Project Discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (Upstream and Downstream Surface Water Impacts), Flood plain /Floodway, Historic Preservation and Hazardous Materials. Future flood studies could indicate elevations were not sufficient to mitigate future storms. 9 [Attach any additional items and note Section] IF Packet Pg. 1290 e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum budget is acceptable. Materials: $1,000,000.00 Labor: $14,500,000.00 Fees: $1,000,000.00 Total Estimated Project Cost: $16,500,000.00 10 [Attach any additional items and note Section] IF Packet Pg. 1291 HMGP ENVIRONMENTAL REVIEW Information and Documentation Requirements by Project Type Retrofits to Existing Facilities /Structures Elevations Acquisitions with Demolition ✓ Dates of Construction ✓ Ground disturbance map for projects with 3 inches or more of ground disturbance ✓ Structure photographs Drainage Improvements ✓ Engineering plans /drawings ✓ Permit or Exemption letter to address any modifications to water bodies and wetlands o Department of Environmental Protection o Water Management District o U.S. Army Corps of Engineers ✓ Ground disturbance map for projects with 3 inches or more of ground disturbance. ✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. ✓ If the project is in a coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. ✓ Concurrence from Natural Resource Conservation Service if project is located outside city limits and may impact prime or unique farmland. ✓ Concurrence from your Local Floodplain Manager — if project is located in a floodplain. Note: This is a general guideline for most projects. However, there will be exceptions. Consult with state environmental staff on project types not listed. 11 Section VI — Maintenance Agreement All applicants whose proposed project involves the retrofit or modification of existing public property or whose proposed project would result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting the application to FEMA. (NOTE. Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The County of Monroe , State of Florida, hereby agrees that if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Sub - recipient's maintenance responsibilities following project award and to show the Sub - recipients acceptance of these responsibilities. It does not replace, supersede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by David Rice the duly authorized representative (printed or typed name of signing official) Mayor (title) This (day) of Signature *, *Please Note: The above signature must be by an individual with legal signing authority for the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) (month), (year). 12 Monroe County, Florida r -r 11 1111 ill iiiiiiFillilill iiiiiillill i RUN Please complete this form if you are interested in being included in the Monroe County application to the FEMA Hazard Mitigation Grant Program to mitigate your home. Signing this does not commit you to any action. Property Address: 31067 AVENUE G, BIG PINE KEY, FL Q - ok 0 '�s n Owner(s) Mailing Address: /-- k"/� Owner(s) Name(s): Angelica Vega Contact Telephone Number: ' FEMA Individual Assistance Registration # 3u ymill 0 _ �r n ill lFar Ml atioll in T project for structure elevation is voluntary. C 7 m Owners SiKature Date Owners Signature 70M Section III — PrOlect Location (Fully describe the location of the proposed project.) A. Site Describe the physical location of this project, including street numbers (or neighborhoods) and project site zip code(s). Provide precise longitude and latitude coordinates for the site utilizing a hand -held global positioning system (GPS) unit or the equivalent: Location: Monroe County, Florida Address(s): 31067Avenue G, Big Pine Key, Florida GPS coordinates (decimal degree format): 2 4.673 775, - 81.34693490000001 Project Zip Code(s): 33043 2. Title Holder: Angelica Vega 3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑ Yes ® No 4. Provide the number of each structure type (listed below) in the project area that will be affected by the project Include all structures in project area. ® Residential property: ❑ Public buildings: ❑ Businesses /commercial property: ❑ Schools /hospitals /houses of worship: ❑ Other: B. Flood Insurance Rate Map (FIRM) Showing Project Site 1.0 Attach one (1) copy of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application (if published for your area). Also, all attached maps must have the project site and structures clearly marked on the map. FIRMS are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1- 800 - 358 -9616. For more information about FIRMS, contact your local agencies or visit the FIRM site on the FEMA Web - page at httos:Hmsc.fema.gov/portaI 2. Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area) (See FIRM legend for flood zone explanations) (A Zone must be identified) ❑ VE or V 1 -30 ® AE or A 1 -30 ❑ AO or AH ❑ A (no base flood elevation given) ❑ B or X shaded ❑ C or X unshaded ❑ Floodway ❑ ❑ Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this Zone; please coordinate with your state agency before submitting an application for a CBRA Zone project). 3. ❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHBM) for your area, with the project site and structures clearly marked on the map. 4. 1j] Attach a copy of a Special Flood Hazard Area Flood Insurance Assurance(s). C. City or County Map with Project Site and Photographs 1. K] Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. 2. K'A Attach a USGS 1:24,000 TOPO map with project site clearly marked on the map. 3. Q For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired or elevated. Include the Tax ID numbers for each parcel, and Parcel information — including year built and foundation. 4. &�A Attach photographs (at a minimum 4 photographs) for each project site per application. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc. and drainage areas that affect the project site orwill be affected by the project, and labeled. For each structure, please include the following angles: front, back and both sides. [Attach any additional items and note Section] DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660 -0002 DEC LARATION L Expires August 31, 2013 DECLARATON AND RELEASE In order to be eligible to receive FEMA Disaster Assistance, a member of the household must be a citizen, non - citizen national or qualified alien of the United States. Please read the form carefully, sign the sheet and return it to the Inspector, and show him /her a current form of photo identification. Please feel free to consult with an attorney or other immigration expert if you have any questions. I hereby declare, under penalty of perjury that (check one): ® I am a citizen or non - citizen national of the United States. I am a qualified alien of the United States. ❑ Print full name and age of minor child:[ am the parent or guardian of a minor child who resides with me and who is a citizen, non - citizen national or qualified alien of the United States. Print full name and age of minor child: By my signature I certify that: • Only one application has been submitted for my household. • All information f have provided regarding my application for FEMA disaster assistance is true and correct to the best of my knowledge. • f will return any disaster aid money f received from FEMA or the State if I receive insurance or other money for the same loss, or if I do not use FEMA disaster aid money for the purpose for which it was intended. I understand that, if I intentionally make false statements or conceal any information in an attempt to obtain disaster aid, it is a violation of federal and State laws, which carry severe criminal and civil penalties, including a tine up to S250,000. imprisonment, or both (18 U.S.C. §§ 287, 1001, and 3571). I understand that the information provided regarding my application for FEMA disaster assistance may be subject to sharing within the Department of Homeland Security (DHS) including, but not limited to, the Bureau of Immigration and Custom Enforcement. I authorize FEMA to verify all information given by me about my property /place of residence, income, employment and dependents in order to determine my eligibility for disaster assistance; and I authorize all custodians of records of my insurance, employer, any public or private entity, bank financial or credit data service to release information to FEMA and /or the State upon request. NAME (print) SIGNATURE DATE OF BIRTH DATE SIGNED Angelica Vega / 6/12/1965 6/14/2018 INSPECTOR ID NO. FEMA AP LICATION NO. DISASTER NO. N/A C � FEMA 4337 DR FL ADDRESS OF DAMAGED PROPERTY CITY STATE �FL ZIP CODE 31067 Avenue G Big Pine Key 33043 PRIVACY ACT STATEMENT AUTHORITY: The Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended, 42 U.S.C. § 5121 -5207 and Reorganization Plan No. 3 of t978; 4 U.S.C. §§ 2904 and 2906 C.F.R. § 206.2(a)(27); the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. 104 -193) and Executive Order 13411. DHS asks for your SSN pursuant to the Debt Collection Improvement Act of 1996, 31 U.S.C. § 3325(d) and § 7701(c) (1). PRINCIPAL PURPOSE(S): This information is being collected for the primary purpose of determining eligibility and administering financial assistance under a Presidentially - declared disaster. Additionally, information may be reviewed internally within FEMA for quality control purposes. ROUTINE USE(S): The information on this form may be disclosed as generally permitted under S U.S.C. § 552a(b) of the Privacy Act of 1974, as amended. This includes using this information as necessary and authorized by the routine uses published in DHS /FEMA - 008 Disaster Recovery Assistance Files System of Records j (September 24, 2009, 74 FR 48763) and upon written request, by agreement, or as required by law. DISCLOSURE: The disclosure of information on this form is voluntary; however, failure to provide the information requested may delay or prevent the individual from receiving disaster assistance. PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 2 minutes per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and submitting this form. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing the burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598 -3005, Paperwork Reduction Project (1660 -0002) NOTE: Do not send your completed form to this address. n o f :l ■ FEMA Form 009 -0 -3, AUG 2010 REPLACES ALL PREVIOUS FEMA Form 90 -69B Duplication of Benefits The Federal Emergency Management Agency has adopted a policy that prohibits duplication of benefits in the Hazard Mitigation Assistance Program that includes Flood Mitigation Assistance grants. The policy was developed in response to federal regulations that dictate the use of the primary funds used to mitigate property. The Federal Emergency Agency (FEMA) provides the following specific instructions in the Hazard Mitigation Assistance Program Guidelines for mitigation projects. In the administration of Hazard Mitigation Grant Program (HMGP) grants, FEMA and the grantee should avoid any duplication of benefits with other forms of assistance. FEMA's policy on duplication of benefits for individuals and families is mandated by Section 312 of the Stafford Act and is set forth in 44 CFR 206.191. This Section of the FEMA regulations delineates a delivery sequence establishing the order in which the disaster relief agencies and organizations provide assistance to individuals and families. Programs listed later in the sequence are responsible for ensuring that they do not duplicate assistance which should be provided by a program listed earlier on the list (the program with primary responsibility). In the case of flood - damaged property programs (Section 1362, Section 404, etc.), they are not listed in the delivery sequence, and therefore are positioned after the eight listed programs. This means that all eight programs listed in the sequence at 44 CFR 206.191 (d) are "primary programs" in relation to mitigation grant programs. The Hazard Mitigation Grant Program is required to ensure that it does not duplicate assistance which should be provided by any of the eight primary assistance programs. Certification of Funds Used Receipt of or pending receipt of the following benefit amounts must be disclosed to the State of Florida 1. SBA Loans - A property ow er who has an SBA loan on the property being acquired will either be required to re y the loan to SBA, or roll it over to a new property at closing. Yes F No 2. Flood Insurance for Structure Repairs - That portion of a flood insurance payment that a property owner has received or is eligible to receive intended to cover structural repairs to the property being acquired will be deducted from the purchase price of the property being acquired. If flood insurance funds have been reinvested into repairs to the property, this amount will not be deducted. Proof of reinvestment can be supplied through receipts for Tageiials and /or labor, or through on -site verification. Amount reinvested is $ 3. Increased Cost of Compliance -The NFIP Increased Cost of Compliance (!CC) claii payment from a flood event may be used to contribute to the non-Federal cost-share requirements so long as the claim is made within the timelines allowed by the NFIP. ICC payments can only be used for costs that are eligible for ICC benefits; for exampl ICC cannot pay for property acquisition,, but can pay for structure demolition or relocation. In addition, Federal funds cannot be provided where ICC funds are availabl if the ICC payment exceeds the required non-Federal share, the Federal! funding awar r will be reduced to the difference between the cost of the activity and the ICC payment. Have you received ICC payments? If so, how much ICC funds have you received? Do you plan on receiving ICC payment?_ If soi, how much ICC funds do you plan • receiving? z'�V 4. FEMA Individual Family Grant and Emergency Minimal Repair Grant (EMR) - That portion of an IFG grant that a property owner has received or is eligible to receive intended to cover structural repairs to the property being acquired will be deducted from the purchase price of the property. Additionally, grants received from FEMA as part of Temporary Housing Assistance Program to quickly repair or restore owner-occupied primary residences to habitable and safe condition will be deducted from the purchase price of the property. If the funds have been reinvested into repairs to the property, this amount will not be deducted. Proof of reinvestment can be supplied through receipts for materials and/or labor, or through on-site verification. Amount received 5. FEMA Disaster Housing " FEMA Disaster Housing money received by the property owner will not be deducted if the property owner has used the grant for housing related expenses, These can include: transient accommodations while an existing home is being elevated or relocated; combining it with other funds to make more substantial home repairs; minor home repairs made to make a home more livable prior to a buyout offer; down payments toward the purchase of a newporne; moving expenses; closing costs, insurance; and deposits. Amount receive&L� Owner [lame: Angelica Vega Property Address: 31067 AVENUE G, BIG PINE KEY, FL 33043 I hereby certify that the SBA Loans, Flood Insurance for Structure Repairs, FEMA individual and Family Grant, Emergency Minimal Repair Grant (EMR) and FEMA Disaster Housing benefits defined above have been accurately reported and that the not used for the purposes identified above have been fully disclosed. 6/14/2018 !, _ Signed