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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #7458 Date: 05/18/2020 Commission Meeting Date: 06/25/2020 Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 Type: Resolution Subject: Execute - Temporary Access Agreement - Virgin Trains USA Florida Purpose of Item: A Resolution of the Miami City Commission with attachments, authorizing the City Manager to execute a Temporary Access Agreement ("Agreement"), in a form acceptable to the City Attorney, to Virgin Trains USA Florida LLC ("VTUSAF") and/or its consultant, SCS Engineers ("SCS"), for a period not to exceed forty-five (45) days from the effective date of the Agreement, to access City of Miami ("City") owned real property identified as Folio Number 01-0100-000-0555 (the "Property"), as more particularly described in Exhibit "A" of the Agreement, the Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well, as required by Miami -Dade County Division of Environmental Resources Management ("DERM"). Background of Item: The City is the fee simple owner to the Property. The City acquired the Property from VTUSAF (F/K/A FDG Rail Holdings 25 LLC) by way of a land exchange agreement completed on January 31, 2018. The Property was part of the FECI landholdings around MiamiCentral Station ("Station"), and as part of VTUSAF's efforts to finalize the realignment and further development of the Station, as well as ancillary uses, VTUSAF is required by Miami -Dade County Division of Environmental Resources Management ("DERM") to conduct intrusive sampling to evaluate soil and groundwater quality using a drill rig at the Property and other surrounding parcels. VTUSAF has requested that the City, grant authorization to VTUSAF and/or its consultant, SCS, to enter upon the Property by way of Agreement for a period not to exceed forty-five (45) days from the effective of the Agreement. The Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well, as required by DERM. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Real Estate and Asset Management Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Department of Fire -Rescue Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B Aldo Bustamante Pedro Lacret Christopher M Rose Fernando Casamayor Arthur Noriega V Valentin J Alvarez Daniel Diaz Barnaby L. Min Victoria Mendez Nicole Ewan City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy City Attorney Review Approved Form and Correctness Meeting Rendered Completed 05/18/2020 3:51 PM Completed 05/20/2020 12:46 PM Completed 05/25/2020 10:32 AM Completed 05/25/2020 10:21 PM Completed 05/26/2020 8:31 AM Completed 05/26/2020 11:01 AM Completed 05/28/2020 9:34 AM Completed 05/28/2020 9:39 AM Completed 06/01/2020 5:16 PM Completed 06/25/2020 9:00 AM Completed 06/26/2020 1:26 PM City of Miami Legislation Resolution Enactment Number: R-20-0174 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7458 Final Action Date:6/25/2020 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH VIRGIN TRAINS USA FLORIDA LLC AND/OR ITS CONSULTANT, SCS ENGINEERS, FOR A PERIOD NOT TO EXCEED FORTY-FIVE (45) DAYS FROM THE EFFECTIVE DATE OF THE AGREEMENT TO ACCESS CITY OF MIAMI ("CITY") OWNED REAL PROPERTY IDENTIFIED AS FOLIO NUMBER 01- 0100-000-0555 ("PROPERTY"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE AGREEMENT, SOLELY FOR THE COLLECTION OF SOIL SAMPLES AND THE INSTALLATION AND SAMPLING OF A SHALLOW GROUNDWATER MONITORING WELL AS REQUIRED BY MIAMI-DADE COUNTY'S DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the City of Miami ("City") is the fee simple owner of the real property identified as Folio Number 01-0100-000-0555 ("Property"), as more particularly described in Exhibit "A" of the Temporary Access Agreement ("Agreement"), attached and incorporated hereto; and WHEREAS, the City acquired the Property from Virgin Trains USA Florida LLC ("VTUSAF"), formerly known as FDG Rail Holdings 25 LLC, by way of a land exchange agreement completed on January 31, 2018; and WHEREAS, prior to the City's acquisition, the Property was part of the Florida East Cost Industries landholdings around MiamiCentral Station ("Station"); and WHEREAS, as part of VTUSAF's efforts to finalize the realignment and further development of the Station and ancillary uses, VTUSAF is required by Miami -Dade County's Division of Environmental Resources Management ("DERM") to conduct intrusive sampling to evaluate soil and groundwater quality at the Property and other surrounding parcels; and WHEREAS, VTUSAF has requested that the City grant authorization to VTUSAF and/or its consultant, SCS Engineers ("SCS"), to enter upon the Property for a period not to exceed forty-five (45) days from the effective of the Agreement for the purposes stated herein; and WHEREAS, the Agreement will be used solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well as required by DERM; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is authorized to negotiate and execute the Agreement, in a form acceptable to the City Attorney, with VTUSAF and/or its consultant, SCS, for a period not to exceed forty-five (45) days from the effective date of said Agreement to access the Property, as more particularly described in Exhibit "A" of the Agreement, solely for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well as required by DERM. Section 3. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 1 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 Code provisions.