HomeMy WebLinkAboutR-23-0320City of Miami
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Resolution R-23-0320
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Legislation
File Number: 14205
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COMMUNITY
DEVELOPERS LTD. ("CDL") TO GRANT ACCESS TO CITY OF MIAMI
CONTRACTORS IN ORDER TO CONDUCT ENVIRONMENTAL SITE
ASSESSMENTS AND REMEDIATION FOR APPROXIMATELY 5.11 ACRES OF
LAND LOCATED AT FOLIO NUMBER 01-4120-004-0260 ("PROPERTY");
FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ANY AND ALL OTHER NECESSARY DOCUMENTS WITH CDL,
INCLUDING AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, AND PRIOR BUDGETARY APPROVALS AND IN
COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, AND ALL OTHER APPLICABLE LAWS,
RULES AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID
PURPOSE.
WHEREAS, on May 24, 2021, Miami -Dade County ("MDC") Department of Regulatory
and Economic Resources — Division of Environmental Resources Management ("DERM")
issued correspondence to the City of Miami ("City") setting forth certain contamination
assessment and remediation requirements to be conducted at approximately 5.11 acres of land
located at Folio Number 01-4120-004-0260 ("Property"); and
WHEREAS, Community Developers Ltd. ("CDL") owns and maintains the Property; and
WHEREAS, the City's environmental consultant, Cherokee Enterprises, Inc. ("CEI")
prepared a work plan dated July 9, 2021 to implement the requirements in the DERM Letter
dated May 24, 2021; and
WHEREAS, a Site Assessment Report Addendum ("SARA") dated January 5, 2022, for
the Property was completed by CEI and submitted to DERM for review; and
WHEREAS, upon review of the SARA, on January 5, 2022, DERM issued
correspondence to the City; and
WHEREAS, a SARA and Source Removal Plan, dated June 15, 2022, was prepared by
CEI to address DERM's Letter dated January 5, 2022 and was thereafter approved by DERM
on July 15, 2022; and
WHEREAS, any sampling or work on the Property by the City and/or its agents shall not
be construed as an admission by the City of any liability to CDL for any other claims
whatsoever; and
City of Miami Page 1 of 2 File ID: 14205 (Revision:) Printed On: 81212023
File ID: 14205
Enactment Number: R-23-0320
WHEREAS, it is recommended that the City authorize the negotiation and execution of a
Site Access Agreement ("Access Agreement") with CDL, for the purpose of granting access to
the Property to conduct additional assessments on, and if necessary, a remediation of the
Property, where the environmental assessment and any necessary remediation will be
conducted by a CEI on behalf of the City;
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. The City Manager is authorized' to negotiate and execute an Access
Agreement, in a form acceptable to the City Attorney, with CDL to grant site access to CEI to
the Property in order to conduct additional assessment on, and if necessary, a remediation of
the Property.
Section 3. The City Manager is authorized' to negotiate and execute any and all other
necessary documents with CDL, including amendments, renewals, or extensions, all in forms
acceptable to the City Attorney, subject to all allocations, appropriations, and prior budgetary
approvals and in compliance with applicable sections of the Code of the City of Miami, Florida,
as amended ("City Code"), and all other applicable laws, rules, and regulations, as may be
deemed necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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' 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 City Code
provisions.
City of Miami Page 2 of 2 File ID: 14205 (Revision:) Printed on: 81212023