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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM w *'`o=R149� File ID: #7458 Date: 05/18/2020 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 06/25/2020 Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute - Temporary Access Agreement - Virgin Trains USA Florida Purpose of Item: A Resolution of the Miami City Commission with attachments, authorizing the City Manager to execute a Temporary Access Agreement ("Agreement"), in a form acceptable to the City Attorney, to Virgin Trains USA Florida LLC ("VTUSAF") and/or its consultant, SCS Engineers ("SCS"), for a period not to exceed forty-five (45) days from the effective date of the Agreement, to access City of Miami ("City") owned real property identified as Folio Number 01-0100-000-0555 (the "Property"), as more particularly described in Exhibit "A" of the Agreement, the Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well, as required by Miami -Dade County Division of Environmental Resources Management ("DERM"). Background of Item: The City is the fee simple owner to the Property. The City acquired the Property from VTUSAF (F/K/A FDG Rail Holdings 25 LLC) by way of a land exchange agreement completed on January 31, 2018. The Property was part of the FECI landholdings around MiamiCentral Station ("Station"), and as part of VTUSAF's efforts to finalize the realignment and further development of the Station, as well as ancillary uses, VTUSAF is required by Miami -Dade County Division of Environmental Resources Management ("DERM") to conduct intrusive sampling to evaluate soil and groundwater quality using a drill rig at the Property and other surrounding parcels. VTUSAF has requested that the City, grant authorization to VTUSAF and/or its consultant, SCS, to enter upon the Property by way of Agreement for a period not to exceed forty-five (45) days from the effective of the Agreement. The Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well, as required by DERM. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Real Estate and Asset Management Aldo Bustamante Office of Management and Budget Pedro Lacret Office of Management and Budget Christopher M Rose City Manager's Office Fernando Casamayor City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Daniel Diaz Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Office of the City Clerk City Clerk's Office Department Head Review Completed 05/18/2020 3:51 PM Budget Analyst Review Completed 05/20/2020 12:46 PM Budget Review Completed 05/25/2020 10:32 AM Assistant City Manager Review Completed 05/25/2020 10:21 PM City Manager Review Completed 05/26/2020 8:31 AM Legislative Division Review Completed 05/26/2020 11:01 AM ACA Review Completed 05/28/2020 9:34 AM Deputy City Attorney Review Completed 05/28/2020 9:39 AM Approved Form and Correctness Completed 06/01/2020 5:16 PM Meeting Completed 06/25/2020 9:00 AM Rendered Completed 06/26/2020 1:26 PM A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VIRGIN TRAINS USA FLORIDA LLC AND/OR ITS CONSULTANT, SCS ENGINEERS, FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THE AGREEMENT TO ACCESS CITY OF MIAMI ("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01- 0100-000-0555 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT, SOLELY FOR THE COLLECTION OF SOIL SAMPLES AND THE INSTALLATION AND SAMPLING OF A SHALLOW GROUNDWATER MONITORING WELL AS REQUIRED BY MIAMI-DADE COUNTY'S DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the City of Miami ("City") is the fee simple owner of the real property identified as Folio Number 01-0100-000-0555 ("Property"), as more particularly described in Exhibit "A" of the Temporary Access Agreement ("Agreement"), attached and incorporated hereto; and WHEREAS, the City acquired the Property from Virgin Trains USA Florida LLC ("VTUSAF"), formerly known as FDG Rail Holdings 25 LLC, by way of a land exchange agreement completed on January 31, 2018; and WHEREAS, prior to the City's acquisition, the Property was part of the Florida East Cost Industries landholdings around MiamiCentral Station ("Station"); and WHEREAS, as part of VTUSAF's efforts to finalize the realignment and further development of the Station and ancillary uses, VTUSAF is required by Miami -Dade County's Division of Environmental Resources Management ("DERM") to conduct intrusive sampling to evaluate soil and groundwater quality at the Property and other surrounding parcels; and WHEREAS, VTUSAF has requested that the City grant authorization to VTUSAF and/or its consultant, SCS Engineers ("SCS"), to enter upon the Property for a period not to exceed forty-five (45) days from the effective of the Agreement for the purposes stated herein; and WHEREAS, the Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well as required by DERM; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. OF .�f City of Miami ' �, City Hall t '"01;; ;NATO * Legislation 3500 Pan American Drive Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-20-0174 File Number: 7458 Final Action Date:6/25/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VIRGIN TRAINS USA FLORIDA LLC AND/OR ITS CONSULTANT, SCS ENGINEERS, FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THE AGREEMENT TO ACCESS CITY OF MIAMI ("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01- 0100-000-0555 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT, SOLELY FOR THE COLLECTION OF SOIL SAMPLES AND THE INSTALLATION AND SAMPLING OF A SHALLOW GROUNDWATER MONITORING WELL AS REQUIRED BY MIAMI-DADE COUNTY'S DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the City of Miami ("City") is the fee simple owner of the real property identified as Folio Number 01-0100-000-0555 ("Property"), as more particularly described in Exhibit "A" of the Temporary Access Agreement ("Agreement"), attached and incorporated hereto; and WHEREAS, the City acquired the Property from Virgin Trains USA Florida LLC ("VTUSAF"), formerly known as FDG Rail Holdings 25 LLC, by way of a land exchange agreement completed on January 31, 2018; and WHEREAS, prior to the City's acquisition, the Property was part of the Florida East Cost Industries landholdings around MiamiCentral Station ("Station"); and WHEREAS, as part of VTUSAF's efforts to finalize the realignment and further development of the Station and ancillary uses, VTUSAF is required by Miami -Dade County's Division of Environmental Resources Management ("DERM") to conduct intrusive sampling to evaluate soil and groundwater quality at the Property and other surrounding parcels; and WHEREAS, VTUSAF has requested that the City grant authorization to VTUSAF and/or its consultant, SCS Engineers ("SCS"), to enter upon the Property for a period not to exceed forty-five (45) days from the effective of the Agreement for the purposes stated herein; and WHEREAS, the Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well as required by DERM; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute the Agreement, in a form acceptable to the City Attorney, with VTUSAF and/or its consultant, SCS, for a period not to exceed forty-five (45) days from the effective date of said Agreement to access the Property, as more particularly described in Exhibit "A" of the Agreement, solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well as required by DERM. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: 1 &ina City Attor ey 6/1/2020 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and Code provisions.