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HomeMy WebLinkAboutR-24-0380City of Miami Resolution R-24-0380 Legislation 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. SPONSOR(S): Commissioner Christine King 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; City of Miami Page 1 of 2 File ID: 16632 (Revision:) Printed On: 8/7/2025 File ID: 16632 Enactment Number: R-24-0380 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: 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: 16632 (Revision:) Printed on: 8/7/2025