HomeMy WebLinkAboutR-22-0449City of Miami
Resolution R-22-0449
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Legislation
File Number: 12575
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
PURSUANT TO SECTION 376.80, FLORIDA STATUTES, DESIGNATING THE
PROPERTIES LOCATED AT 140 AND 142 SOUTHWEST 11 STREET, MIAMI,
FLORIDA 33130 AND KNOWN AS SOUTHSIDE PARK ("SUBJECT
PROPERTY") A BROWNFIELD AREA WITHIN THE CITY OF MIAMI ("CITY");
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 owner of the properties located at 140 and 142
Southwest 11 Street, Miami, Florida 33130, currently known as Southside Park ("Subject
Property"); 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
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 121" Street, Miami, Florida 33130 ("Abutting Property"); and
WHEREAS, the Subject Property and Abutting Property are the 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
City of Miami Page 1 of 3 File ID: 12575 (Revision:) Printed On: 121612022
File ID: 12575 Enactment Number: R-22-0449
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, attached and incorporated as Exhibit "C"; and
WHEREAS, the current City map and boundary of Designated Brownfield Areas,
attached and incorporated as Exhibit "D", 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, the PBA provides for various public benefits to the City, including the
development of a new Fire Station No. 4, and enables 191 SW 12 to construct a private
development and other components on the adjacent privately -owned property; and
WHEREAS, the PBA also provides for 191 SW 12 to invest an estimated $3 million in
public park improvements which includes, but is not limited to, a new full -court basketball area,
designated dog -run area, pedestrian plaza with water feature, new seating areas and tables,
enhanced power lighting, and improved drainage on the Subject Property; 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 Miami -Dade County
Department of Regulatory and Economic Resources, Division of Environmental Resources
Management 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.
' The herein authorization is further subject to compliance with all legal requirements that may be
imposed by, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 2 of 3 File ID: 12575 (Revision:) Printed on: 121612022
File ID: 12575
Enactment Number: R-22-0449
Section 5. This Resolution shall become effective immediately upon adoption and
signature of the Mayor
APPROVED AS TO FORM AND CORRECTNESS:
1
&ina z, ity ttor ey 10/1812022
2 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: 12575 (Revision:) Printed on: 121612022