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HomeMy WebLinkAboutR-21-0141City of Miami f Legislation Resolution: R-21-0141 File Number: 8673 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/22/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE PROPERTIES LOCATED AT 145, 155, 165, AND 191 SOUTHWEST 12TH STREET AND 1105, 1115, 1131, AND 1133 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA 33130 AND KNOWN AS THE BRICKELL FIRE STATION GREEN REUSE AREA (COLLECTIVELY, "SUBJECT PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI; DIRECTING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND THE MIAMI-DADE DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES OF THE DESIGNATION OF THE SUBJECT PROPERTY AS A BROWNFIELD AREA, TO UNDERTAKE ANY OTHER NECESSARY RELATED PROCEDURES, NOTICES, AND REQUIREMENTS FOR SAID DESIGNATION AND TO UPDATE THE MAP OF DESIGNATED BROWNFIELD SITES TO INCLUDE THE SUBJECT PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") is the owner of the Fire Station No. 4 ("Fire Station") properties located at 1105, 1115, 1131, and 1133 Southwest 2nd Avenue, Miami, Florida 33130 ("City Property"); and WHEREAS, 191 SW 12 Owner, LLC, a foreign limited liability company authorized to conduct business in the State of Florida (191 SW 12"), is the owner of the properties located at 145, 155, 165, and 191 Southwest 12th Street, Miami, Florida 33130 ("191 SW 12 Property"); and WHEREAS, the City Property and 191 SW 12 Property are collectively known as the Brickell Fire Station Green Reuse Area ("Subject Property") and will be subject of a covenant in lieu of unity of title in furtherance of, and subject to, a Public Benefits Agreement ("PBA") between the City and 191 SW 12 as authorized by Resolution No. R-20-0059; and WHEREAS, the Subject Property is as depicted and legally described in the proposed Brownfield Area Map and legal description, attached and incorporated as Exhibit "A"; and City of Miami Page 1 of 3 File ID: 8673 (Revision: A) Printed On: 61112021 File ID: 8673 Enactment Number: R-21-0141 WHEREAS, the PBA provides for various public benefits to the City, including the development of a new Fire Station, and further enables 191 SW 12 to construct a private development and other components on the Subject Property; and WHEREAS, pursuant to Section 376.80, Florida Statutes, attached and incorporated as Exhibit "B", 191 SW 12 has submitted a request to designate the Subject Property as a Brownfield Area; and WHEREAS, the current City map and boundary of Designated Brownfield Areas, attached and incorporated as Exhibit "C", does not include the Subject Property; however, an individual Brownfield Designation can occur via majority vote of the jurisdiction's governing body for inclusion of the same; and WHEREAS, on March 11, 2014, Miami -Dade County's Department of Regulatory and Economic Resources ("DRER") issued a notice of environmental contamination for Southside Park located adjacent to the Subject Property; and WHEREAS, Southside Park is not a designated Brownfield Area; and WHEREAS, 191 SW 12 is applying for the Brownfield Area Designation due to apparent contamination on the Subject Property as well as a perception of contamination arising from its location adjacent to Southside Park; and WHEREAS, the City Commission has determined that the Subject Property has met the criteria to be designated a Brownfield Area; 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 adopted by reference and incorporated as fully set forth in this Section. Section 2. Pursuant to Section 376.80, Florida Statutes, the Subject Property is hereby designated a Brownfield Area within the City. Section 3. Pursuant to Section 376.80, Florida Statutes, the City Manager is directed to notify the Florida Department of Environmental Protection and the DRER of the designation of the Subject Property as a Brownfield Area; to undertake any other necessary related procedures, notices, and requirements for said designation; and to update the City map and boundary of Designated Brownfield Areas to include the Subject Property. Section 4. The City Manager is further authorized to negotiate and execute any and all other documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the Code of the City of Miami, Florida, as amended ("City Code"), including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. City of Miami Page 2 of 3 File ID: 8673 (Revision: A) Printed on: 61112021 File ID: 8673 Enactment Number: R-21-0141 Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 1 i " 4naindez, ity ttor ey 6/1/2021 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 3 of 3 File ID: 8673 (Revision: A) Printed on: 61112021