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HomeMy WebLinkAboutR-25-0083City of Miami Resolution R-25-0083 Legislation 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. SPONSOR(S): Commissioner Christine King 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 City of Miami Page 1 of 2 File ID: 17197 (Revision:) Printed On: 8/19/2025 File ID: 17197 Enactment Number: R-25-0083 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: 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. City of Miami Page 2 of 2 File ID: 17197 (Revision:) Printed on: 8/19/2025