HomeMy WebLinkAboutR-04-0413City of Miami
Legislation
Resolution: R-04-0413
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00635 Final Action Date: 6/24/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
EXPANDING THE BOUNDARIES OF THE CITY OF MIAMI'S BROWNFIELD AREAS
TO INCLUDE THE PROPERTY LOCATED AT 1960 - 1970 NORTHWEST 27TH
AVENUE, MIAMI, FLORIDA ("PROPERTY"), AS ILLUSTRATED AND DESCRIBED IN
"EXHIBIT A," ATTACHED AND INCORPORATED, IN ACCORDANCE WITH THE
REQUEST OF AGUACLARA, LTD. ("AGUACLARA"), THE CONTRACT
PURCHASER OF THE PROPERTY, AND IN ACCORDANCE WITH STATUTORY
REQUIREMENTS; RESERVING TO THE CITY COMMISSION THE RIGHT TO
WITHDRAW SAID PROPERTY'S DESIGNATION AS A BROWNFIELD AREA IN THE
EVENT THAT AGUACLARA DOES NOT PURCHASE SAID PROPERTY;
AUTHORIZING THE CITY MANAGER TO PROVIDE ALL REQUIRED NOTICES IN
CONNECTION WITH SAID DESIGNATION; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A FIRST SOURCE HIRING AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT B," WITH AGUACLARA,
LTD.
WHEREAS, Aguaclara, Ltd. ("Aguaclara"), the contract purchaser of the property located at 1960-
1970 Northwest 27th Avenue, Miami, Florida ("Property"), intends to develop a mixed use, multi -family
affordable housing development on the Property; and
Whereas, Aguaclara has requested that the City of Miami ("City") designate the Property as a
brownfield area; and
WHEREAS, the Florida Brownfields Redevelopment Act (Sections 376.77-376.85 of the Florida
Statutes), defines brownfield sites as abandoned, idled, or underused industrial and commercial
properties where expansion or redevelopment is complicated by actual or perceived environmental
contamination; and
WHEREAS, the Florida Brownfields Redevelopment Act provides for the designation, by
resolution, of brownfield areas consisting of contiguous areas of one or more brownfield sites, and for
the rehabilitation and redevelopment of such areas; and
WHEREAS, pursuant to Resolution No. 98-242, adopted March 10, 1998, and Resolution No. 99-
197, adopted March 23, 1999, the Miami City Commission designated certain areas within the City as
brownfield areas, for the purpose of environmental remediation, rehabilitation and economic
development; and
WHEREAS, the City has determined that the Property is eligible for designation as a brownfield
area because it meets the criteria set forth in the Florida Brownfields Redevelopment Act, more
specifically, Section 376.80(2)(b) of the Florida Statutes, as follows: (1) a person who owns or
controls the Property, a potential brownfield site, is requesting the designation and has agreed to
rehabilitate and redevelop the site; (2) the rehabilitation and redevelopment of the proposed
City of Miami
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File Number: 04-00635 Enactment Number: R-04-0413
brownfield site will result in economic productivity of the area, along with the creation of at least 10
new permanent jobs which are not associated with the rehabilitation or redevelopment of the site; (3)
the redevelopment of the proposed brownfield area is consistent with the local comprehensive plan
and is a permittable use under the applicable local land development regulations; (4) notice of the
proposed rehabilitation of the proposed brownfield area has been provided to neighbors and nearby
residents of the proposed area to be designated, and the person proposing the area for designation
has afforded to those receiving notice the opportunity for comments and suggestions about
rehabilitation; and (5) the person proposing the area for designation has provided reasonable
assurance that he or she has sufficient financial resources to implement and complete the
rehabilitation agreement and redevelopment plan; and,
WHEREAS, the City Commission wishes to reserve to itself the right to withdraw the Property's
designation as a brownfield area in the event that Aguaclara does not purchase the Property; and
WHEREAS, the City and Aguaclara have agreed to execute a First Source Hiring Agreement, that
will obligate Aguaclara to hire local, low and moderate income and minority individuals during the
construction phase of the proposed affordable housing development;
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 if fully set forth in this Section.
Section 2. The Miami City Commission approves expanding the boundaries of the City of Miami
brownfield areas to include property located at 1960-1970 Northwest 27th Avenue, Miami, Florida (the
"Property"), as illustrated and described in "Exhibit A," attached and incorporated.
Section 3. Said Property is designated as a brownfield area for environmental restoration,
rehabilitation and redevelopment in accordance with the Florida Brownfields Redevelopment Act.
Section 4. The Miami City Commission reserves the right to withdraw the Property's designation
as a brownfield area in the event that Aguaclara does not purchase the Property.
Section 5. The City Manager is authorized to notify the Florida Department of Environmental
Protection and the Miami -Dade County Department of Environmental Resources Management of the
City's decision to expand the boundaries of the City's brownfield areas to include the Property, and its
designation of the Property as a brownfield area for rehabilitation for the purposes of Sections 380.77
-380.85 of the Florida Statues.
Section 6. The City Manager is authorized{1} to execute a First Source Hiring Agreement, in
substantially the attached form, "Exhibit B," with Aguaclara.
Section 7. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
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File Number: 04-00635 Enactment Number: R-04-0413
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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.
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