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HomeMy WebLinkAboutR-15-0537City of Miami Legislation Resolution: R-15-0537 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01415 Final Action Date: 12/10/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PETROLEUM RESTORATION PROGRAM SITE ACCESS AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP") TO CONTINUE THE ENVIRONMENTAL REMEDIATION OF THE CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1199 NORTHWEST 62ND STREET, MIAMI, FLORIDA ("PROPERTY") AND AUTHORIZING FDEP TO PERFORM ASSESSMENT SERVICES AT THE PROPERTY WITHOUT ANY FEES OR COST TO THE CITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AMENDMENTS, MODIFICATIONS AND EXTENSIONS TO SAID AGREEMENT, AND ANY RELATED AGREEMENTS REQUIRED, AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") acquired several vacant lots in 2001 via the Model City Trust Homeownership Initiative for the purpose of promoting investment and creation of modern multifamily housing in Liberty City; and WHEREAS, the property located at 1199 Northwest 62nd Street, Miami, Florida ("Property"), commonly referred to as the "Former Star Gas Station", was identified through an environmental assessment report dated 2004 as a contaminated site due to evidence of petroleum leakage into the soil from the former underground storage tanks; and WHEREAS, the City has sought funding for the environmental remediation of the Property and has previously been awarded funding for said remediation from the United States Environmental Protection Agency and the State of Florida Department of Environmental Protection ("FDEP"), which allowed the City to commence the environmental remediation of the Property and resulted in the removal of pollutants and/or contaminants from the soil; and WHEREAS, the City seeks to have the Property comply with the Cleanup Standards mandated by the FDEP so as to be granted "No Further Action" status at the Property, and finds it necessary to continue the environmental remediation of the Property to address the removal of remaining pollutants and/or contaminants from the groundwater on the Property; and WHEREAS, on September 15, 2015, the City was provided a Notice of Funding Availability for Assessment activities existing under FDEP's Petroleum Restoration Program ("Program"); and WHEREAS, FDEP further notified the City that the Property was eligible for consideration of a Low Score Assessment under the Program to assess the extent of petroleum discharge at the Property and to determine needed environmental remediation services at no cost to the City; and WHEREAS, the City Administration seeks to avail itself of this funding opportunity to complete the City of Miami Page 1 of 2 File Id: 15-01415 (Version: 1) Printed On: 4/13/2018 File Number: 15-01415 Enactment Number: R-15-0537 site rehabilitation of the Property and, therefore, seeks authorization for the City Manager to execute a funding agreement with FDEP for such purposes; 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 City Manager is authorized{1} to execute a Petroleum Restoration Program Site Access Agreement, in substantially the attached form, with the FDEP to continue the environmental remediation of the Property and authorizing FDEP to perform the assessment services at the Property without any fees or cost to the City, and to negotiate amendments, modifications and extensions to said agreement, and any related agreements required, as may be necessary, in a form acceptable to the City Attorney, for said purpose Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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 (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 2 of 2 File Id: 15-01415 (Version: 1) Printed On: 4/13/2018