HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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MAY BE WITHDRAWN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;
City of Miami Page 1 of 2 File ID: 14045 (Revision:) Printed On: 7/8/2025
File ID: 14045 Enactment Number:
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 authorizedI 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 authorized1 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.
City of Miami Page 2 of 2 File ID: 14045 (Revision:) Printed on: 7/8/2025