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HomeMy WebLinkAboutR-20-0174City of Miami Resolution R-20-0174 Legislation 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 City of Miami Page 1 of 2 File ID: 7458 (Revision:) Printed On: 5/2/2025 File ID: 7458 Enactment Number: R-20-0174 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, ity Attor ey 6/1/2020 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. City of Miami Page 2 of 2 File ID: 7458 (Revision:) Printed on: 5/2/2025