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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #17197 Date: 01/30/2025 Commission Meeting Date: 03/13/2025 Requesting Department: Department of Housing and Community Development Sponsored By: Christine King District Impacted: District 5 Type: Resolution Subject: Execute - Site Access Agreement -1199 NW 62 Street Purpose of Item: A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE ACCESS AGREEMENT, WITH THE MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES (MDC-RER), AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION OVERSIGHT ON A CITY OF MIAMI OWNED AND CONTAMINATED PROPERTY LOCATED AT 1199 NW 62 STREET, MIAMI, FL, 33150 ("SUBJECT PROPERTY"), AS A REQUIRED STEP FOR ENTERING INTO A BROWNFIELD SITE REHABILITATION AGREEMENT (BSRA) FOR REDEVELOPMENT OF A CONTAMINATED PROPERTY FROM ITS CURRENT STATUS AS A VACANT LOT, ALONG WITH SEVERAL OTHER ADJACENT VACANT LOTS, INTO AN AFFORDABLE/WORKFORCE RENTAL HOUSING MIXED -USE UNIT THAT WILL BE KNOWN AS YEAGER PLAZA ("DEVELOPMENT"), THUS LABELING THE BSRA AS YEAGER PLAZA GREEN REUSE PROJECT. Background of Item: The City of Miami ("City") is owner of certain real property located at 1199 NW 62 Street, Miami, Florida, 33150 ("Property"). The property is currently a vacant lot and contaminated from former gas station operations. City Resolution R-23-0300 authorized the Subject Property to be conveyed and enter into a Sale and Purchase Agreement between Yeager Plaza Partners LLC ("Developer") and the City for the purpose of constructing the Development into affordable/workforce housing consisting of studio, 1 and 2 bedroom units with ground floor retail and the Yeager Clinic. The Subject Property is in need of environmental remediation to coincide with the construction of the Development. The Developer whom is the Person Responsible For Brownfield Site Rehabilitation ("PRFBSR") has contacted MDC-RER for its preference to execute a BSRA to facilitate incentives for redevelopment of a contaminated site that can include but not be limited to Voluntary Cleanup Tax Credit's on the Development. MDC-RER is the local delegating authority on behalf of FDEP pursuant to 376.81 Florida Statute to establish by rule, criteria for determining remediation tasks, level of remediation, and when a remediation is complete within and adjacent to the Subject Property. Although Developer is PRFBSR, the City as the current property owner must agree to enter the Site Access Agreement with MDC and FDEP to make the BSRA complete. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Total Fiscal Impact: $0 Department of Housing and Community Development Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B 02/20/2025 8:14 AM Luis Hernandez -Torres Marie Gouin Larry M. Spring Natasha Colebrook -Williams Valentin J Alvarez Arthur Noriega V Raymond Pereira George K. Wysong III Nicole Ewan City Clerk's Office Victor Turner Budget Analyst Review Budget Review Assistant City Manager Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Rendered Department Head Completed 02/20/2025 8:56 AM Completed 02/20/2025 2:10 PM Completed 02/28/2025 2:47 PM Completed 03/03/2025 10:30 AM Completed 03/03/2025 11:14 AM Completed 03/03/2025 12:01 PM Completed 03/04/2025 4:43 PM Completed 03/04/2025 5:46 PM Completed 03/13/2025 9:00 AM Completed 03/18/2025 5:51 PM City of Miami Legislation Resolution Enactment Number: R-25-0083 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17197 Final Action Date:3/13/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SITE ACCESS AGREEMENT, WITH MIAMI-DADE COUNTY'S ("MDC") DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES ("RER") AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), TO CONDUCT ENVIRONMENTAL OVERSIGHT, SITE ASSESSMENT AND REMEDIATION, IF NECESSARY, FOR THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1199 NORTHWEST 62 STREET, MIAMI, FLORIDA ("PROPERTY"), IN ORDER TO ENTER INTO A BROWNFIELD SITE REHABILITATION AGREEMENT, AT NO COST TO THE CITY; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS WITH MDC, AND FDEP, INCLUDING AMENDMENTS, EXTENSIONS, AND RENEWALS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY FOR SAID PURPOSE, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, AND COMPLIANCE WITH APPLICABLE SECTIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED AND ALL APPLICABLE LAWS, RULES, AND REGULATIONS, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") owns a property located at 1199 Northwest 62 Street, Miami, Florida 33150 ("Property") which is currently a vacant lot and is contaminated from former gas station operations; and WHEREAS, pursuant to Resolution No. R-23-0300, adopted on July 13, 2023, the City authorized the conveyance of the Property and authorized the City Manager to enter into a Sale and Purchase Agreement between Yaeger Plaza Partners, LLC ("Developer"), for the purposes of developing an affordable housing project on the Property; and WHEREAS, the Property is in need of environmental remediation to coincide with the construction of the Development; and WHEREAS, the City was notified by Miami -Dade County's ("MDC") Department Of Regulatory and Economic Resources ("RER") that the City will need to enter into a site access agreement, before the Property can be assessed and remediated as required, in order to enter into a Brownfield Site Rehabilitation Agreement; and WHEREAS, MDC-RER is the local delegating authority on behalf of State Of Florida Department Of Environmental Protection ("FDEP"), pursuant to Section 376.81, Florida Statute, to establish by rule, criteria for determining remediation tasks, level of remediation, and when a remediation is complete within and adjacent to the subject Property; and WHEREAS, the City as the current Property owner must agree to enter into the Site Access Agreement with MDC and FDEP in order to be able to enter into a Brownfield Site Rehabilitation Agreement and to assess and remediate the Property if necessary; 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 Commission grants MDC-RER and FDEP access to monitor environmental remediation activity and conduct its own sampling, if necessary, on the subject Property. Section 3. The City Manager is authorized' to negotiate and execute the Site Access Agreement and execute any such other documents or agreements necessary, in a form acceptable to the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wye ng II , C y ttor' -y 3/4/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and City Code provisions.