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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #16632 Date: 09/10/2024 Commission Meeting Date: 09/26/2024 Requesting Department: Department of Real Estate and Asset Management Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Execute - Access Agreement - Brightline Trains 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 Brightline Trains Florida LLC ("Brightline") and 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 ("Property"), 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"); further authorizing the City Manager to negotiate and execute any and all necessary documents, including any amendments and modifications to said Agreement, in forms acceptable to the City Attorney, as may be necessary to effectuate the Agreement, and compliance with all applicable provisions of the Charter and Code of the City of Miami, Florida, as amended, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary. Background of Item: The City is the fee simple owner of the property located at 604 Northwest 1st Avenue, Miami, Florida, identified as Folio number 01-0100-000-0555 ("Property"). The City acquired the Property from Brightline Trains Florida LLC (F/K/A FDG Rail Holdings 25 LLC) ("Brightline") by way of a land exchange agreement completed on January 31, 2018. The Property was part of the FECI landholdings around Miami Central Station ("Station"), and as part of VTUSAF's efforts to finalize the realignment and further development of the Station, as well as ancillary uses, Brightline 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. Brightline has requested that the City, grant authorization to Brightline 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 Reviewed B Department of Real Estate and Asset Management Review Completed 09/10/2024 4:10 PM Office of Management and Budget Pedro Lacret Office of Management and Budget Marie Gouin City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Larry M. Spring Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Jacqueline Lorenzo George K. Wysong III Maricarmen Lopez City Clerk's Office Andrew Frey Budget Analyst Review Budget Review Assistant City Manager Deputy City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed 09/11/2024 11:19 AM Completed 09/11/2024 4:27 PM Completed 09/12/2024 10:38 AM Completed 09/12/2024 10:57 AM Completed 09/12/2024 12:06 PM Completed 09/13/2024 7:48 AM Completed 09/16/2024 4:59 PM Completed 09/17/2024 7:10 PM Completed 09/26/2024 9:00 AM Completed 09/30/2024 2:40 PM City of Miami Legislation Resolution Enactment Number: R-24-0380 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16632 Final Action Date:9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A TEMPORARY ACCESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH BRIGHTLINE TRAINS FLORIDA LLC ("BRIGHTLINE") AND 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 ("PROPERTY") 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"); FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO THE AGREEMENT AS MAY BE NECESSARY TO EFFECTUATE SAID AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. WHEREAS, the City of Miami ("City") is the fee simple owner of the property located at 604 Northwest 1st Avenue, Miami, Florida, identified as Folio number 01-0100-000-0555 ("Property"); and WHEREAS, the City acquired the Property on January 31, 2018, pursuant to a Real Estate Purchase and Exchange Agreement between the City, FDG Rail Holdings 25 LLC, and Brightline Trains Florida LLC (F/K/A All Aboard Florida — Operations LLC) ("Brightline"); and WHEREAS, in connection with Brightline's development of the Miami Central Station ("Station") and ancillary adjacent development, Brightline 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; and WHEREAS, Brightline has requested that the City authorize Brightline and/or its consultant, SCS Engineers ("SCS"), to enter upon the Property by way of Temporary Access Agreement ("Agreement") in a form acceptable to the City Attorney, for a period not to exceed forty-five (45) days from the effective date of the Agreement; 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 adopted by reference and incorporated 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 Brightline and/or its consultant, SCS, for a period not to exceed forty-five (45) days from the effective date of the Agreement, to access the Property for the collection of soil samples and the installation and sampling of a shallow groundwater monitoring well, as required by DERM. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to the Agreement as may be necessary to effectuate said Agreement, all in forms acceptable to the City Attorney and in compliance with all applicable laws, rules, and regulations. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy ng III, C y tor -y 9/17/2024 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.