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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12575 Second Reading Date: 09/13/2022 Commission Meeting Date: 11/17/2022 Requesting Department: Department of Parks and Recreation Sponsored By: District Impacted: District 3 Type: Resolution Subject: Designation - Southside Brownfield Area Purpose of Item: A resolution designating the properties located at 140 SW 11 Street and 142 SW 11 Street, Miami, FL 33130, known as Southside Park, as a Brownfield Area within the city of Miami. Background of Item: Southside Park, located on 140 and 142 SW 11 ST, Miami, FL 33130 is located outside of the existing City of Miami Designated Brownfield Area Map. The adjacent property owner 191 SW 12 Owner LLC executed a Public Benefits Agreement with the City, as authorized by Resolution R-20-0059. The PBA provides for various public benefits to the City. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Department of Parks and Recreation Barbara Hernandez Office of Management and Budget Donovan Dawson Office of Management and Budget Marie Gouin City Manager's Office Natasha Colebrook -Williams City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Thomas M. Fossler Office of the City Attorney Victoria Mendez City Commission Nicole Ewan City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 09/20/2022 9:02 PM Budget Analyst Review Completed 09/21 /2022 9:27 AM Budget Review Completed 09/26/2022 10:21 AM Assistant City Manager Review Completed 09/26/2022 10:25 AM City Manager Review Completed 09/26/2022 10:42 AM Legislative Division Review Completed 10/04/2022 12:24 PM ACA Review Completed 10/17/2022 4:28 PM Approved Form and Correctness Completed 10/18/2022 3:26 PM Meeting Completed 10/27/2022 9:00 AM Meeting Completed 11/17/2022 9:00 AM Unsigned by the Mayor Completed 11/22/2022 11:39 AM Signed and Attested by the City Clerk Completed 11/22/2022 12:06 PM Rendered Completed 11/28/2022 3:53 PM of .�f City of Miami CityHall * iM°nr °°°TE° * 11 °° Legislation 3500 Pan American Drive g Miami, FL 33133 Resolution www.miamigov.com Enactment Number: R-22-0449 File Number: 12575 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 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. Section 5. This Resolution shall become effective immediately upon adoption and signature of the Mayor ' 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. 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 APPROVED AS TO FORM AND CORRECTNESS: Vf t6ria-Vrd6z, City Attor iey 10/18/2022