HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14045
Date: 05/22/2023
Commission Meeting Date: 07/27/2023
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted:
Type: Resolution
Subject: Access Agreement - Remediation 3825 Charles Terrace - CDL Properties
Purpose of Item:
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
PROPERTIES LOCATED WITHIN FOLIO NUMBER 01-4120-004-0260
("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING NON -
SUBSTANTIVE AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE
WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
Budget Impact Analysis
Total Fiscal Impact:
Office of Capital Improvements
Office of Management and Budget
Office of Management and Budget
City Manager's Office
City Manager's Office
Legislative Division
City Commission
Legislative Division
City Commission
Office of the City Attorney
Office of the City Attorney
Reviewed B
Hector L Badia
Lai -wan McGinnis
Marie Gouin
Nzeribe Ihekwaba
Arthur Noriega V
Valentin J Alvarez
Todd B. Hannon
Valentin J Alvarez
Nicole Ewan
Thomas M. Fossler
Victoria Mendez
Department Head Review
Budget Analyst Review
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
Meeting
Legislative Division Review
Meeting
ACA Review
Approved Form and Correctness
Completed 06/09/2023 6:52 AM
Completed 06/12/2023 8:00 AM
Completed 06/12/2023 3:24 PM
Completed 06/12/2023 3:39 PM
Completed 06/12/2023 4:49 PM
Completed 06/13/2023 7:58 AM
Completed 07/13/2023 9:00 AM
Completed 07/17/2023 3:58 PM
Completed 07/27/2023 9:00 AM
Pending
Pending
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14045 Final Action Date:7/27/2023
MAY BE WITHDRAWN
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
PROPERTIES LOCATED WITHIN FOLIO NUMBER 01-4120-004-0260
("PROPERTY"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING NON -
SUBSTANTIVE AMENDMENTS, RENEWALS, OR EXTENSIONS, ALL IN FORMS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO ALL ALLOCATIONS,
APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND IN COMPLIANCE
WITH APPLICABLE PROVISIONS OF THE CITY CODE, AS MAY BE DEEMED
NECESSARY FOR SAID PURPOSE.
WHEREAS, on May 24, 2021, Miami -Dade County Department of Regulatory and
Economic Resources — Division of Environmental Resources Management ("DERM") issued
correspondence to the City of Miami ("City") setting forth a certain contamination assessment
and remediation requirements to be conducted at the properties within Folio 01-4120-004-0260
("Property"), owned by Community Developers, Ltd. ("CDL"); 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 a
correspondence to the City concluding additional assessments of benzo(a)pyrene ("BAP") at the
Property are necessary, with DERM requesting a Source Removal Plan ("SRP") be prepared
and submitted to DERM by the City; and
WHEREAS, a SARA and SRP, dated June 15, 2022, were prepared by CEI to address
DERM's Letter dated January 5, 2022; and
WHEREAS, it is recommended that the City authorize the City Manager to negotiate and
execute 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 authorized1 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 a voluntary environmental assessment on, and if necessary, a
remediation of the Property.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
other documents, including non -substantive amendments, renewals, or extensions, all in forms
acceptable to the City Attorney, subject to all allocations, appropriations, prior budgetary
approvals, and in compliance with applicable provisions of the City Code, as may be deemed
necessary for said purpose.
Section 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
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 City Code
provisions.