2018-30611 Resolution RESOLUTION 2018-30611
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, MAKING CERTAIN
FINDINGS AND DESIGNATING THE REAL PROPERTY
LOCATED AT 340 23 STREET AND 2300 LIBERTY AVENUE,
MIAMI BEACH, FLORIDA 33139, UNDER FOLIO NUMBERS 02-
3226-001-0400, 02-3226-001-0405, AND 02-3226-001-0391, AS A
BROWNFIELD AREA PURSUANT TO FLORIDA STATUTES
SECTION 376.80(2)(A), FOR THE PURPOSE OF
REHABILITATION, JOB CREATION, AND PROMOTING
ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY
MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF SAID DESIGNATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a brownfield site is defined at Florida Statutes § 376.79(4) to mean
the real property, the expansion, redevelopment, or reuse of which may be complicated
by actual or perceived environmental contamination; and
WHEREAS, a brownfield area is defined at Florida Statutes § 376.79(3) to mean
a contiguous area of one or more brownfield sites, some of which may not be
contaminated, and which has been designated by a local government resolution; and
WHEREAS, the State of Florida has provided, in § 97-277, Laws of Florida,
which is codified at Florida Statutes §§ 376.77 — 376.85 for the designation by
resolution of certain contiguous areas consisting of one or more brownfield sites as
"Brownfields Areas," for the purpose of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the City of Miami Beach desires to designate a Brownfield Area
within the city limits of the City for purposes of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the property desired to be designated as a Brownfield Area is
located at 340 23 Street and 2300 Liberty Avenue; is described and depicted in Exhibit
"A" to this Resolution; and, is assigned Folio Identification Numbers 02-3226-001-0400,
02-3226-001-0405, and 02-3226-001-0391 (the "Subject Property") by the Miami-Dade
County Property Appraiser; and
WHEREAS, the City of Miami Beach has considered the criteria set forth
in Florida Statutes § 376.80(2)(a)1-4, namely:
(i) whether the proposed Brownfield Area warrants economic
development and has a reasonable potential for such activities;
(ii) whether the proposed Brownfield Area represents a reasonably
focused approach and is not overly large in geographic coverage;
(iii) whether the proposed Brownfield Area has potential to interest the
private sector in participating in remediation, rehabilitation and
economic development, and
(iv) whether the proposed Brownfield Area contains sites or parts of
sites suitable for limited recreational open space, cultural or
historical preservation purpose; and
WHEREAS, the City has determined that the proposed Brownfield area
designation is warranted based upon the above-referenced criteria; and
WHEREAS, the applicable procedures set forth in Florida Statutes § 376.80 and
§ 166.041, have been followed and proper notice has been provided in accordance with
Florida Statutes § 376.80(1) and § 166.041(3)(c)2; and
WHEREAS, such designation shall not render the City of Miami Beach liable for
costs of site rehabilitation, including remediation, or source removal, as those terms are
defined in §§ 376.79(19) and (20), Florida Statutes, or for any other costs, above and
beyond those costs attributed to the adoption of this Resolution; and
WHEREAS, the City of Miami Beach wishes to notify the Florida Department of
Environmental Protection of its decision to designate the Subject Property as a
Brownfield Area for rehabilitation for purposes set forth in Florida Statutes §§ 376.77-
376.85.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That the recitals and findings set forth in the whereas clauses to
this Resolution are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
SECTION 2. That the Subject Property, comprised of approximately 1.49 acres,
and incorporated herein by reference is hereby designated as a Brownfield Area for
environmental remediation, rehabilitation, and economic development for the purposes
set forth in Florida Statutes §§ 376.77 — § 376.85 and shall hereinafter be referred to as
the "Collins Park Garage Green Reuse Area."
SECTION 3. That the City Manager is hereby authorized to notify the Florida
Department of Environmental Protection of the City Commission's resolution
designating the Subject Property as the Collins Park Garage Green Reuse Area for
purposes of Florida Statutes §§ 376.77-376.85.
SECTION 4. This Resolution shall become effectivey�c/ immediately upon passage.
PASSED and ADOPTED this /1/ day of fia/(0pf✓ , 2018.
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE November 14, 2018
5:03 p.m. Second Public Hearing
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING THE
REAL PROPERTY LOCATED AT 340 23 STREET AND 2300 LIBERTY AVENUE,
MIAMI BEACH, FLORIDA 33139, UNDER FOLIO NUMBERS 02- 3226-001-0400, 02-
3226-001-0405, AND 02-3226-001-0391, AS A BROWNFIELD AREA PURSUANT TO
FLORIDA STATUTES SECTION 376.80(2)(A), FOR THE PURPOSE OF
REHABILITATION, JOB CREATION, AND PROMOTING ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO NOTIFY THE
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION OF SAID
DESIGNATION; PROVIDING AN EFFECTIVE DATE.
Legislative Tracking
Environment and Sustainability
ATTACHMENTS:
Description
❑ RESO_Brownfields
o Ad
o MEMO_Brownfields
Page 1240 of 1981
Exhibit A
Page 1244 of 1981
LEGAL DESCRIPTION
Lots 1, 2, 3,4,5,6,7,8,9 and 10, Block 1, "Amended Map of The Ocean Front Property of the Miami
Beach Improvement Company" according to the plat thereof as recorded in Plat Book 5, Page 7,of the
public records of Miami-Dade County, Florida.
Less the northerly 10.00 feet said Lots 1, 3, 5, 7 and 9, Block 1 thereof.
Containing 64,800 square feet or 1.5 acres more or less.
Page 1245 of 1981
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Page 1246 of 1981
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www..miamibeachfl,gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Jimmy L. Morales
DATE: November 14, 2018
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, MAKING CERTAIN FINDINGS AND DESIGNATING
THE REAL PROPERTY LOCATED AT 340 23 STREET AND 2300 LIBERTY
AVENUE, MIAMI BEACH, FLORIDA 33139, FOLIO NUMBERS 02-3226-001-
0400, 02-3226-001-0405, AND 02-3226-001-0391, AS A BROWNFIELD AREA
PURSUANT TO FLORIDA STATUTES SECTION 376.80(2)(A), FOR THE
PURPOSE OF REHABILITATION, JOB CREATION, AND PROMOTING
ECONOMIC REDEVELOPMENT; AUTHORIZING THE CITY MANAGER TO
NOTIFY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
OF SAID DESIGNATION; PROVIDING AN EFFECTIVE DATE.
BACKGROUND
On June 6, 2018, the City Commission approved a resolution on second reading, public hearing
to proceed with designating four City-owned properties with known contamination (Maurice Gibb
Park, the Fleet Maintenance Facility, the Former Par 3 Golf Course and the Miami Beach
Convention Center District) as "Green Reuse Areas" pursuant to Florida's Brownfields
Redevelopment Act in order to negotiate and execute a Brownfield Site Rehabilitation
Agreement(BSRA") and prepare and file a Voluntary Cleanup Tax Credit application.
On September 6, 2018 the contractor for the Collins Park Garage project uncovered five
underground storage tanks during construction that require removal, as well as contamination
assessment and remediation similar to that required at the four properties previously approved
for brownfield area designation. Portions of the work needed at the Collins Park Garage site are
expenses eligible for tax credits if the City elects to also move forward with its designation. The
tax credits will be sold on the secondary market to provide for a significant cash reimbursement
(currently estimated at 67.5% of all total eligible funds).
On October 17, 2018, the City Commission passed this resolution on first reading, public
hearing. A public meeting regarding the designation was held at the Miami Beach Regional
Library on October 22, 2018 from 6 p.m. to 7:30 p.m. This meeting constitutes the second
reading, public hearing.
ANALYSIS
Page 1248 of 1981
A brownfield is any real property where actual or perceived contamination complicates
redevelopment, reuse, or expansion. Such complications typically result in significant added
projects for contamination assessment and remediation and the proper management of
contamination conditions during site development and construction activities. The Florida
Department of Environmental Protection (FDEP) offers incentives for the remediation and reuse
of brownfields. By designating brownfield sites as "Green Reuse Areas" pursuant to Florida's
Brownfields Redevelopment Act, the City can negotiate and execute a BSRA with Miami-Dade
County, allowing the City to file a Voluntary Cleanup Tax Credit application for the
reimbursement of eligible expenses associated with their restoration, among other possible
benefits, including protection against certain third-party contamination related claims.
As required by the statute, staff has considered (i) whether the property being designated
warrants economic development and has a reasonable potential for such activities; (li) whether
the property being designated represents a reasonably focused approach and is not overly large
in geographic coverage; (iii) whether the property being designated has the potential to interest
the private sector in participating in remediation, rehabilitation and economic development; and
(iv) whether the property being designated contains sites or parts of sites suitable for limited
recreational open space, cultural or historical purpose. Although no particular finding is required
one way or the other (the statute simply mandates "consideration" of these factors), staff has
concluded as follows:
• the property being designated strongly warrants economic development due to the
additional investment of private capital that such spending will likely spark (both from the
public sector and the private sector) as well the increased use and enjoyment of the
property that experience demonstrates will likely follow;
• based on a careful review of over 450 other designations in the State of Florida going
back to 1997 and being further advised by our outside counsel, the property being
designated represents a reasonably focused approach and is not overly large in
geographic coverage;
• experience has demonstrated that the availability of this exact type of property for use
and enjoyment has been extremely attractive to the private sector and has incentivized
remediation, rehabilitation, and economic development; and
• this particular property, in part or in full, is suitable for limited recreational open space.
Staff recommends designating the Collins Park Garage site, located at 340 23 Street and 2300
Liberty Avenue (Folio Numbers 02-3226-001-0400, 02-3226-001-0405, and 02-3226-001-0391)
as a Green Reuse Area pursuant to the applicable statutory provisions of Florida's Brownfields
Redevelopment Act because the project required the removal of the five improperly abandoned
tanks and will require assessment and remediation to address contamination characterized as
petroleum associated with its former use as a gas station. If the property is designated before
the end of this calendar year as currently scheduled, eligible costs incurred within this and
subsequent fiscal years will be eligible for Voluntary Cleanup Tax Credits, allowing the city to
recuperate a percentage of those costs (currently estimated at 67.5% of all total eligible funds).
Designation of the property as requested herein and execution of a BSRA with Miami-Dade
County will also shield the City from certain contamination related claims that can otherwise give
rise to significant claims for damages.
Page 1249 of 1981
CONCLUSION
The Administration recommends approving the resolution on second reading, public hearing.
SMT/ESW/MKW
Page 1250 of 1981
BEFORE MIAMI-DADE COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
IN RE: City of Miami Beach
Collins Park Garage Site
340 23rd Street and 2200 Liberty Avenue, Miami Beach, Florida 33139
Collins Park Garage Green Reuse Area
Brownfield Area Identification Number: BF131805000
Brownfield Site Identification Number: BF131805001
FDEP Facility Number 138503541
Discharge Date: March 1, 1989 (PLIRP-partial)
BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5),
Florida Statutes (F.S.)
WHEREAS, the Brownfields Redevelopment Act was enacted to reduce public
health and environmental hazards on existing commercial and industrial sites by offering
incentives to encourage responsible persons to voluntarily develop and implement cleanup
plans; and
WHEREAS, Miami-Dade County ("MDC") has been delegated the authority to
administer the Florida Brownfields Program on behalf of the State of Florida's Department
of Environmental Protection ("Department") and administer and enforce the provisions of
Chapters 403 and 376, F.S., and the rules promulgated thereunder, Chapters 62-777 and
62-780, Florida Administrative Code (F.A.C.), as amended; and
WHEREAS, MDC has jurisdiction over the matters addressed in this Brownfield
Site Rehabilitation Agreement ("BSRA"); and
WHEREAS, the Department and MDC, through its delegation have the authority,
pursuant to §376.81, F.S., to establish by rule, criteria for determining the rehabilitation
program tasks that comprise a site rehabilitation program and the level at which a
rehabilitation program task and a site rehabilitation program may be deemed complete;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained, it is agreed as follows:
This BSRA is entered into between MDC and City of Miami Beach, hereinafter the
Person Responsible for Brownfield Site Rehabilitation ("PRFBSR") (collectively referred to
as the "parties"), for the rehabilitation of a brownfield site within a designated brownfield
area pursuant to §376.80(5), F.S. MDC and the PRFBSR agree to the following:
100036398.DOCX.1
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID# 131805001
1. MDC
The Department of Regulatory and Economic Resources (RER) is the agency of
MDC with authority and power to enforce the provisions of Chapters 376 and 403,
F.S.
2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION
City of Miami Beach is the PRFBSR as defined in §376.79(13), F.S., for the real
property described in the map and legal description in Attachment A (the
"Brownfield Site"), incorporated herein, that has been designated by the City of
Miami Beach in Resolution Number 2018-30347 approved on November 14, 2018,
as a brownfield area as defined in §376.79(4), F.S. Attachment A is a composite
exhibit that includes: (a) the legal description and map of the Brownfield Site; and
(b) the City of Miami Beach resolution with all attachments including the map of the
designated brownfield area. The brownfield site consists of 1.49 acres. The legal
boundaries of the brownfield site and the brownfield area are the same.
3. PRFBSR'S DUTIES
The PRFBSR agrees:
(a) to conduct "site rehabilitation" of any "contaminated site(s)" as defined in
§376.79, F.S., whose source originates on the real property described in
Attachment A as the Brownfield site. If such contaminated site(s)
extend(s) beyond the boundary of the Brownfield site, then PRFBSR agrees
to conduct site rehabilitation to address the entire contaminated site;
(b) to conduct site rehabilitation and submit technical reports and rehabilitation
plans in a timely manner according to the attached brownfield site
rehabilitation schedule agreed upon by the parties (see Attachment B), and
incorporated herein;
(c) to conduct site rehabilitation activities under the observation of professional
engineers or professional geologists, as applicable, who are registered in
accordance with the requirements of Chapters 471 or 492, F.S., respectively.
Submittals provided by the PRFBSR must be signed and sealed by a
professional engineer registered under Chapter 471, F.S., or by a
professional geologist registered under Chapter 492, F.S., as applicable,
certifying that the submittal and associated work comply with the laws, rules
and applicable ordinances of MDC and those governing the profession.
Upon completion of the approved remedial action, a professional engineer
registered under Chapter 471, F.S., or a professional geologist registered
under Chapter 492, F.S., as applicable, must certify that the corrective action
was, to the best of his or her knowledge, completed in substantial
conformance with the plans and specifications approved by MDC;
(00026398.DOCX. 1 )
Page 2 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
(d) to conduct site rehabilitation in accordance with Chapter 62-160, F.A.C., as
the same may be amended from time to time;
(e) to obtain any local, state or federal approvals or permits required for the site
rehabilitation work and to conduct the necessary site rehabilitation consistent
with local, state, and federal laws, rules and ordinances. All site rehabilitation
shall be consistent with the cleanup criteria in §376.81, F.S., the
requirements of Chapters 62-780, F.A.C., Contaminated Site Cleanup
Criteria, and 62-777, F.A.C., Contaminant Cleanup Target Levels;
(f) to allow access by MDC and the Department during the entire site
rehabilitation process, as evidenced by the attached documentation (see
Attachment C) incorporated herein, establishing that such site access has
been secured by agreement with the real property owner. Upon the transfer
of any real property interest in any portion of the Brownfield Site before site
rehabilitation is complete, the PRFBSR shall notify MDC within 15 days from
the date that such an interest is effective. With notice the PRFBSR shall
provide a copy of an access agreement in substantially the same form as that
in Attachment C with any successor in interest to the real property owner
of the Brownfield Site or with any party with a real property interest in the
Brownfield Site after the effective date of this agreement, granting such
access to MDC and the Department; and
(g) to consider appropriate pollution prevention measures and to implement
those that the PRFBSR determines are reasonable and cost-effective, taking
into account the ultimate use or uses of the real property described in
Attachment A. Local pollution prevention programs as well as state pollution
prevention programs are available to assist in determining pollution reduction
measures. The Department recommends that the PRFBSR contact RER's
Division of Environmental Resources Management or the Department's
Pollution Prevention (P2)/Waste Reduction Program at (850) 245-8707 or
visit the P2 web site at
http://www.dep.state.fl.us/pollutionprevention/aboutus.htm for
recommendations on waste minimization and waste management and for
assistance with pollution prevention measures. Such measures may include
improved inventory or production controls and procedures for preventing
loss, spills, and leaks of hazardous waste and materials, and include the
goals for the reduction of releases of toxic materials.
4. CERTIFICATION
The PRFBSR is the local government with jurisdiction over the real property
described in Attachment A. Therefore, the PRFBSR certifies that the proposed
redevelopment complies with applicable laws and requirements for such
{00026398.DOCX. 1 }
Page 3 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
redevelopment. Documentation provided that describes the proposed
redevelopment is provided as Attachment D.
5. SITE CONTRACTOR
The PRFBSR must ensure that the contractor who is performing the majority of the
site rehabilitation program tasks pursuant to this BSRA or supervising the
performance of such tasks by licensed subcontractors in accordance with the
provisions of § 489.113(9), F.S., has provided certification to MDC that the
contractor meets the requirements listed below. If the identity of the contractor is
known at the time of the execution of this BSRA, a Brownfields Redevelopment
Program Contractor Certification Form (CCF) shall be submitted as Attachment E
to this BSRA. If the contractor has not yet been determined, the PRFBSR shall
ensure that the CCF is submitted to the RER Brownfield Coordinator and approved
by MDC before the contractor begins performing any site rehabilitation tasks at the
site.
The PRFBSR must submit to MDC documentation as Attachment F, which shows
a National Environmental Laboratory Accreditation Program ("NELAP")-recognized
authority has accredited the laboratory(s) that will perform the analyses required by
this agreement.
Any contractor that performs site rehabilitation tasks at a contaminated site
originating on the real property as described in Attachment A shall provide
documentation in accordance with the provisions of the paragraph above and with
Attachments E and F, if applicable, showing that any contractor that performs site
rehabilitation tasks:
(a) meets all certification and license requirements imposed by law; and
(b) performs, or has laboratory analyses performed, pursuant to NELAP
certification requirements and performs, or has field sampling work
performed, in accordance with the Standard Operating Procedures
provided in Chapter 62-160, F.A.C., as amended, if applicable to
performance of site rehabilitation tasks.
{00026398.DOCX. 1 }
Page 4 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
6. CONTINUOUS COMPLIANCE
During the entire site rehabilitation process, the PRFBSR agrees to ensure that the
contractor continues to comply with the requirements of Paragraph 5 of this BSRA
pursuant to the requirements of§376.80(6), F.S.
7. VOLUNTARY CLEANUP TAX CREDIT PROGRAM
Not all activities that are approved or performed in association with a BSRA are
eligible for the state's Voluntary Cleanup Tax Credit (VCTC). In accordance with
Section 376.30781, F.S., only costs incurred and paid by the applicant that are either
integral, necessary and required for site rehabilitation or for solid waste removal, are
eligible for the VCTC. Contamination assessment or remediation paid for by the
State of Florida for a discharge that is eligible for a state-funded cleanup under the
Dry-Cleaning Solvent Contamination Program or one of the Petroleum Restoration
Program's eligibility programs, may not be used to calculate a tax credit. "Site
rehabilitation" means the assessment of site contamination and the remediation
activities that reduce the levels of contaminants at a site through accepted treatment
methods to meet the cleanup target levels established for that site. For sites subject
to the Resource Conservation and Recovery Act, as amended, the term includes
removal, decontamination, and corrective action of releases of hazardous
substances. "Solid waste removal" means removal of solid waste from the land
surface or excavation of solid waste from below the land surface and removal of the
solid waste from the brownfield site. Nothing contained herein is intended to limit
the VCTC otherwise available to the PRFBSR under applicable law. General
information about the VCTC Program is available at
http://www.dep.state.fl.us/waste/categories/vctc/default.htm. For specific questions
regarding the VCTC Program, please contact the Department's Waste Cleanup
Program at(850) 245-8927.
8. ADVISORY COMMITTEE
The PRFBSR shall establish an advisory committee pursuant to the requirements
of §376.80(4), F.S., for the purpose of improving public participation and receiving
public comments on rehabilitation and redevelopment of the brownfield area, future
land use, local employment opportunities, community safety, and environmental
justice. The advisory committee should include residents within or adjacent to the
brownfield area, businesses operating within the brownfield area, and others
deemed appropriate. However, if an appropriate local advisory committee already
exists, this committee may be used for requesting public participation and for the
purposes of complying with this paragraph.
The PRFBSR shall provide the advisory committee a copy of the final proposed draft
BSRA and a copy of the executed BSRA. When the PRFBSR submits a site
assessment report or the technical document containing the proposed course of
action following site assessment to MDC for review, the PRFBSR shall hold a
{00a26398.DOCX. 1 }
Page 5 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
meeting or attend a regularly scheduled meeting to inform the advisory committee
of the findings and recommendations in the site assessment report or the technical
document containing the proposed course of action following site assessment.
The names, addresses, contact numbers, and applicable affiliation for each advisory
committee member is included as Attachment G.
9. INDEMNIFICATION
The PRFBSR shall save and hold harmless and indemnify MDC and the Department
against any and all liability, claims, judgments or costs of whatsoever kind and
nature for injury to, or death of any person or persons and for the loss or damage to
any property resulting from the use, service, operation or performance of work under
the terms of this BSRA and from the negligent acts or omissions of the PRFBSR or
its employees, agents, contractors, subcontractors, or other representatives, to the
extent allowed by law.
10. LIABILITY PROTECTION
The liability protection provided under §376.82, F.S., shall become effective upon
execution of this BSRA and shall remain effective, provided the PRFBSR complies
with the terms of this BSRA.
11. TERMINATION
If the PRFBSR fails to comply with this BSRA, MDC shall notify the PRFBSR and
allow 90 days for the PRFBSR to return to compliance with the provision at issue or
to negotiate a modification to the BSRA with MDC for good cause shown. If an
imminent hazard exists the 90-day grace period shall not apply. If the project is not
returned to compliance with this BSRA and a modification cannot be negotiated,
MDC shall terminate this BSRA. The PRFBSR may terminate this BSRA at any
time upon written notice to MDC. Termination of this BSRA by either party will
revoke the immunity provision of§376.82, F.S.
12. IMMINENT HAZARD
Nothing herein shall be construed to limit the authority of MDC to undertake any
action in response to, or to recover the costs of responding to, conditions at or from
the real property described in Attachment A that require MDC to take action to
abate an imminent hazard to the public health, welfare or the environment.
[00028398.DOCK. 1 }
Page 6 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
13. RELEASE OF LIABILITY
Upon successful completion of this BSRA as evidenced by the issuance of a Site
Rehabilitation Completion Order (SRCO) for each contaminated site originating
from the real property described in Attachment A, the PRFBSR and his or her
successors and assigns, shall be relieved from further liability for site rehabilitation
as described in paragraph 3.a. of this BSRA to MDC and third parties and of liability
in contribution to any other party who has or may incur cleanup liability for the
contaminated site(s). This release of liability is subject to the reopener provisions
of§376.82(3), F.S.
14. GOVERNING LAW
This BSRA has been delivered in the State of Florida and shall be construed in
accordance with the laws of Florida and any applicable local regulations. Wherever
possible, each provision of this BSRA shall be interpreted in such manner as to be
effective and valid under applicable law. If any provision of this BSRA shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this BSRA. Any action hereon or in
connection herewith shall be brought in Miami-Dade County, Florida.
15. SUBMITTALS
The PRFBSR shall submit one hard (paper) copy or one electronic(digital) copy of
any certifications or documentation required in Paragraph 6 ("Site Contractor")
above, and all data, reports, responses, addenda, or modifications to reports and
plans required by this BSRA to:
Wilbur Mayorga
Chief, Environmental Monitoring & Restoration Division
MDC Department of Regulatory and Economic Resources
701 NW 1s` Court, 4th Floor
Miami, Florida 33136
MDC encourages the submittal of documents for review in an electronic format
rather than the submittal of paper copies. All electronic copies of documents shall
be in the format listed in Section 8 of the Instructions and attached as Attachment
H. Time frames for MDC's review of technical reports and plans and submittal of
documents by the PRFBSR shall be governed by the attached schedule (see
Attachment B), incorporated herein. After final MDC approval of each report or
plan, an electronic copy shall be submitted to MDC within 30 days. The electronic
copy of the report shall be submitted in the format listed in Attachment H.
{00026398.DOCX. 1 }
Page 7 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID# 131805001
16. DOCUMENT REVIEW
During the site rehabilitation process, if MDC fails to complete the review of a
technical document within the time frame specified in this BSRA, with the exceptions
of"no further action proposals," "monitoring only proposals," and feasibility studies,
which must be approved prior to implementation, the PRFBSR may proceed to the
next site rehabilitation task. However, the PRFBSR does so at its own risk and may
be required by MDC to complete additional work on a previous task.
17. FEES
MDC may charge and retain applicable fees for use in supporting the administration
of the Brownfields Program. Any such fees shall be charged in accordance with the
current fee schedule that has been reviewed and approved by the Board of County
Commissioners. Nothing in this provision shall preclude MDC from charging and
collecting administrative fees, investigative costs, or other costs incurred by MDC
resulting from performing enforcement and compliance functions. Nothing in this
Agreement shall prohibit MDC from seeking penalties, damages, costs, or attorney
fees as provided by law or ordinance. All civil penalties and damages recovered by
MDC shall be deposited in a separate county fund which shall be used as set forth
in Section 24-31, of the Code of Miami-Dade County, Florida.
18. ASSIGNMENT
The PRFBSR shall not assign any rights or responsibilities under this BSRA to any
other party without the written consent of MDC and the local government with
jurisdiction over the real property described in Attachment A. However, MDC shall
not withhold its consent to such an assignment if: (a) the proposed assignee meets
all of the eligibility criteria under §376.82, F.S.; (b) the proposed assignee has
agreed, in writing, to assume all obligations of the PRFBSR under the terms of this
Agreement; and (c) the assignment of PRFBSR obligations under any agreement
with the local government with jurisdiction over the real property has been approved,
in writing, by the local government.
19. WAIVER
By entering into this BSRA, the PRFBSR waives its right to challenge the contents
of this BSRA in an administrative hearing afforded by §120.569 and §120.57, F.S.,
or an appeal afforded by the terms of §120.68, F.S. This BSRA does not deny the
PRFBSR a right to challenge MDC's actions taken pursuant to this BSRA. No delay
or failure to exercise any right, power or remedy accruing to either party upon breach
or default by either party under this BSRA, shall impair any such right, power or
remedy of either party; nor shall such delay or failure be construed as a waiver of
any such breach or default, or any similar breach or default thereafter.
(00026398.DOCX. 1 )
Page 8 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
20. EFFECTIVE DATE AND ADMINISTRATIVE HEARING
This BSRA (Order) is final and effective on the date of execution unless a timely
petition for an administrative hearing is filed under §§120.569 and 120.57, F.S.,
within 21 days after the date of receipt of notice of agency action. Upon the timely
filing of such petition, this BSRA will not be effective until further order of MDC. The
liability protection for the PRFBSR pursuant to §376.82(2), F.S., becomes effective
upon execution of the brownfield site rehabilitation agreement. The procedures for
petitioning a hearing are set forth below.
Persons other than the PRFBSR who are affected by this BSRA have the following
options:
(a) If you choose to accept MDC's decision regarding this BSRA, you do not
have to do anything. This BSRA is final and effective 21 days after the date
of execution.
(b) If you choose to challenge MDC's decision, you may do the following:
(i) File a request for an extension of time to file a petition for hearing
with the office of the Director of MDC RER at 701 NW 1st CT, 4th
Floor, Miami, Florida 33136 within 21 days of receipt of this BSRA;
such a request should be made if you wish to meet with MDC in an
attempt to informally resolve any disputes without first filing a
petition for hearing.
Or
(ii) File a petition for administrative hearing with the office of the
Director of MDC RER at 701 NW 15' CT, 4th Floor, Miami, Florida
33136 within 21 days of receipt of this BSRA.
Please be advised that mediation of this decision pursuant to §120.573, F.S., is not
available.
How to Request an Extension of Time to File a Petition for Hearing:
For good cause shown, pursuant to Rule 62-110.106(4), F.A.C., MDC may
grant a request for an extension of time to file a petition for hearing. Such a
request shall be filed with (received by)the office of the Director of MDC RER
at 701 NW 1st CT, 4th Floor, Miami, Florida 33136, within 21 days of receipt
of this BSRA. Petitioner shall mail a copy of the request to the PRFBSR at
the time of filing. Timely filing a request for an extension of time tolls the time
period within which a petition for administrative hearing must be made.
(00026398.000X.1 }
Page 9 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
How to File a Petition for Administrative Hearing:
A person whose substantial interests are affected by this BSRA may petition
for an administrative proceeding (hearing) under§§120.569 and 120.57, F.S.
The petition must contain the information set forth below and must be filed
with (received by) the office of the Director of MDC RER at 701 NW 1st CT,
4(h Floor, Miami, Florida 33136, within 21 days of receipt of this BSRA.
Petitioner shall mail a copy of the petition to the PRFBSR at the time of filing.
Failure to file a petition within this time period shall constitute a waiver of any
right to request an administrative proceeding under Chapter 120, F.S.
Pursuant to §120.569(2), F.S., and Rule 28-106.201, F.A.C., a petition for
administrative hearing shall contain the following information:
1. The name, address, any email address, and telephone number of each
petitioner; the name, address, and telephone number of the petitioner's
representative, if any; the PRFBSR's name and address;the Department's
Brownfield Area and Brownfield Site Identification Numbers; and the name
and address of the Brownfield Site; the name and address of each agency
affected;
2. A statement of when and how each petitioner received notice of MDC's
action or proposed action;
3. An explanation of how each petitioner's substantial interests are or will
be affected by MDC's action or proposed action;
4. A statement of the disputed issues of material fact, or a statement that
there are no disputed facts;
5. A concise statement of the ultimate facts alleged, including the specific
facts the petitioner contends warrant reversal or modification of MDC's
action or proposed action;
6. A statement of the specific rules or statutes the petitioner contends
require reversal or modification of MDC's action or proposed action,
including an explanation of how the alleged facts relate to the specific rules
of statutes; and
7. A statement of the relief sought by the petitioner, stating precisely the
action petitioner wishes MDC to take with respect to MDC's action or
proposed action.
Because the administrative hearing process is designed to formulate final
agency action, the filing of a petition means that MDC's final action may be
different from the position taken by it in this BSRA. Persons whose
(00026398.DOCX. 1 }
Page 10 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
substantial interests will be affected by any such final decision of MDC have
the right to petition to become a party to the proceeding, in accordance with
the requirements set forth above.
21. JUDICIAL REVIEW
Except for the PRFBSR, any party has the right to seek judicial review of this BSRA
under §120.68, F.S., by filing a notice of appeal under Rule 9.110 of the Florida
Rules of Appellate Procedure with the office of the Director of MDC RER at 701 NW
1st CT, 4'h Floor, Miami, Florida 33136, and by filing a copy of the notice of appeal
accompanied by the applicable filing fees with the appropriate District Court of
Appeal. The notice of appeal must be filed within 30 days after this BSRA is filed
with the clerk of RER (see below).
22. CONTACTS FOR GENERAL AND LEGAL QUESTIONS
Any questions about the content of this BSRA, MDC's review of the BSRA, or
technical questions should be directed to MDC's Brownfields Coordinator at:
Miami-Dade County Department of Regulatory and Economic Resources
701 NW 1st Court, 4th Floor
(305) 372-6700
or to the PRFBSR's representative at:
Michael R. Goldstein, Esq.
The Goldstein Environmental Law Firm, P.A.
2100 Ponce de Leon Boulevard, Suite 710
Coral Gables, FL 33134
(305) 777-1682
Questions regarding legal issues should be referred to MDC's County Attorney's
Office at 305-375-5151. Contact with any of the above does not constitute a petition
for administrative hearing or request for an extension of time to file a petition for
administrative hearing.
23. ENTIRETY OF AGREEMENT
This BSRA represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this BSRA shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this BSRA, unless otherwise provided herein.
(00026398.DOCX. 1 1
Page 11 of 13
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
IN WITNESS WHEREOF, each of the parties has made and executed this
Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each
representative below: Jack Osterholt, MDC Deputy Mayor, or his designee, and City of
Miami Beach, the Person Responsible for Brownfield Site Rehabilitation, signing by and
through Jimmy Morales, duly authorized to execute same.
PERSON RESPONSIBLE FIR MIAMI-DADE COUNTY
BROWNFI D SITE REH/=ILITATION
By: \ •po/aB Y
Jimmy Mora es, i-mi :e.c City Manager Deputy Mayor
Date: rfl� l6 Date:
Approved as to form and legality:
(Address)
(City, State, Zip Code) MDC Assistant County Attorney
(Telephone) (Print MDC Assistant County Attorney's Name)
APPROVED AS TO
FORM & LANGUAGE FILING AND ACKNOWLEDGMENT FILED,on this date.
TION pursuant to§120 52 Florida statutes,with the designated
& FOR EXE/ RER Clerk,receipt of which is hereby acknowledged.
/
DateClerk(or Deputy Clerk)
city °may
Date:
cc: Carrie L Kruchell, P.G., Environmental Manager, FDEP, carrie.l.kruchell@dep.state.fl.us.
Diane Pupa, Program Administrator, FDEP, diane.pupa(Mdep.state.Fl.us
Paul Alan Wierzbicki, Professional Geologist III, FDEP, paul.wierzbicki@dep.state.fi.us
Sandra Rezola, Brownfields Coordinator, RER
Michael R. Goldstein, Esq., EnvironmeeN RO City of Miami Beach
r.
) .... ... ........
C.. .
ATT'-
C ✓/l
j may"- Y`
Rafiel E.Grandile, ,ity k fd"JRPI��n c
{00026398.D0CX. 11
Page 12 of 13
Attachment A
{00003394.DOC%-1)
RESOLUTION 2018-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, MAKING CERTAIN
FINDINGS AND DESIGNATING THE REAL PROPERTY
LOCATED AT 340 23 STREET AND 2200 LIBERTY
AVENUE, MIAMI BEACH, FLORIDA 33139, UNDER FOLIO
NUMBERS 02-3226-001-0400, 02-3226-001-0405, AND
02-3226-001-0391, AS A BROWNFIELD AREA PURSUANT
TO FLORIDA STATUTES SECTION 376.80(2)(A), FOR
THE PURPOSE OF REHABILITATION, JOB
CREATION, AND PROMOTING ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY MANAGER
TO NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF SAID DESIGNATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a brownfield site is defined at Florida Statutes § 376.79(4) to mean
the real property, the expansion, redevelopment, or reuse of which may be complicated
by actual or perceived environmental contamination; and
WHEREAS, a brownfield area is defined at Florida Statutes § 376.79(3) to mean
a contiguous area of one or more brownfield sites, some of which may not be
contaminated, and which has been designated by a local government resolution; and
WHEREAS, the State of Florida has provided, in § 97-277, Laws of Florida,
which is codified at Florida Statutes §§ 376.77 — 376.85 for the designation by
resolution of certain contiguous areas consisting of one or more brownfield sites as
"Brownfields Areas," for the purpose of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the City of Miami Beach desires to designate a Brownfield Area
within the city limits of the City for purposes of encouraging rehabilitation (including
remediation), job creation, and economic redevelopment; and
WHEREAS, the property desired to be designated as a Brownfield Area is
located at 340 23 Street and 2200 Liberty Avenue; is described and depicted in Exhibit
"A" to this Resolution; and is assigned Folio Identification Numbers 02-3226-001-0400,
02-3226-001-0405, and 02-3226-001-0391 (the "Subject Property") by the Miami-Dade
County Property Appraiser; and
WHEREAS, the City of Miami Beach has considered the criteria set forth
in Florida Statutes § 376.80(2)(a)1-4, namely:
100023885.DOG 2 I
(i) whether the proposed Brownfield Area warrants economic
development and has a reasonable potential for such activities;
(ii) whether the proposed Brownfield Area represents a reasonably
focused approach and is not overly large in geographic coverage;
(iii) whether the proposed Brownfield Area has potential to interest the
private sector in participating in remediation, rehabilitation and
economic development, and
(iv) whether the proposed Brownfield Area contains sites or parts of
sites suitable for limited recreational open space, cultural or
historical preservation purpose; and
WHEREAS, the City has determined that the proposed Brownfield area
designation is warranted based upon the above-referenced criteria; and
WHEREAS, the applicable procedures set forth in Florida Statutes § 376.80 and
§ 166.041, have been followed and proper notice has been provided in accordance with
Florida Statutes § 376.80(1) and § 166.041(3)(c)2; and
WHEREAS, such designation shall not render the City of Miami Beach liable for
costs of site rehabilitation, including remediation, or source removal, as those terms are
defined in §§ 376.79(19) and (20), Florida Statutes, or for any other costs, above and
beyond those costs attributed to the adoption of this Resolution; and
WHEREAS, the City of Miami Beach wishes to notify the Florida Department of
Environmental Protection of its decision to designate the Subject Property as a
Brownfield Area for rehabilitation for purposes set forth in Florida Statutes §§ 376.77-
376.85.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That the recitals and findings set forth in the whereas clauses to
this Resolution are hereby adopted by reference thereto and incorporated herein as if
fully set forth in this Section.
SECTION 2. That the Subject Property, comprised of approximately 1.49 acres,
and incorporated herein by reference is hereby designated as a Brownfield Area for
environmental remediation, rehabilitation, and economic development for the purposes
set forth in Florida Statutes §§ 376.77 — § 376.85 and shall hereinafter be referred to as
the "Collins Park Garage Green Reuse Area."
SECTION 3. That the City Manager is hereby authorized to notify the Florida
Department of Environmental Protection of the City Commission's resolution
designating the Subject Property as the Collins Park Garage Green Reuse Area for
purposes of Florida Statutes §§ 376.77-376.85.
(00023885.DOC.2}
SECTION 4. This Resolution shall become effective immediately upon passage.
PASSED and ADOPTED this day of , 2018.
ATTEST:
Dan Gelber, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
&FOR EXEC ON
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City tlomay l Mb
lir
{00023885.D C.2 }
Exhibit A
{00005540.DOCX.1}
LEGAL DESCRIPTION
Lots 1, 2,3,4,5,6,7,8,9 and 10, Block 1, "Amended Map of The Ocean Front Property of the Miami
Beach Improvement Company"according to the plat thereof as recorded in Plat Book 5, Page 7,of the
public records of Miami-Dade County, Florida.
Less the northerly 10.00 feet said Lots 1,3, 5,7 and 9,Block 1 thereof.
Containing 64,800 square feet or 1.5 acres more or less.
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Attachment B
(00011878.DOCX 1)
Attachment B
Table I
Brownfield Site Rehabilitation Schedule
Type of Report or Activity PRFBSR Action or Submittal MDC Review or Comment
Time Frames Time frames
Notice of Interim Source Removal Within 24 hours of initiation of the action. No comment required.
Action or Emergency Response
Action situations.
Interim Source Removal Proposal When seeking approval before Within 30 days of receipt.
implementation of an alternative product
recovery method,groundwater recovery, soil
treatment or disposal technique(see Rule
62-780.500).
Interim Source Removal Plan When seeking approval before Within 30 days of receipt.
implementation of an alternative product
recovery method,groundwater recovery, soil
treatment or disposal technique(62-780.500,
F.A.L.)
Interim Source Removal Status Within 60 days of completion of source No comment required.
Report removal activities and every 60 days
thereafter or when the field activity is
terminated,whichever occurs first.
Interim Source Removal Report Within 60 days of completion of interim Within 60 days of receipt.
source removal activities.
Site Rehabilitation Plan(SRP) or Optional: SRP submitted within 270 days of Within 60 days of receipt.
Combined Document; (Optional executing BSRA. May include multiple tasks.
submittal)
(See Rule 62-780.450,FA.C.)
Site Assessment Report(SAR) SAR submitted within 270 days of executing Within 60 days of receipt.
BSRA.
Risk Assessment Report(RAR) Optional: (within 60 days of SAR approval.) Within 90 days of receipt.
No Further Action (NFA) Proposal When the site meets the criteria for NFA (See Within 60 days of receipt.
Rule 62-780.680,F.A.C.).
Well Survey and Sampling Results Within 60 days of discovery of contamination Within 60 days of receipt.
pursuant to paragraph beyond the property boundaries
62-780.600(3)(h),F.A.C.
Natural Attenuation with Monitoring When the site meets the criteria for Natural Within 60 days of receipt.
(NAM) Plan Attenuation with Monitoring (See Rule
62-780.690,F.A.C.).
Natural Attenuation with Monitoring Within 60 days of sample collection. No comment required.
(NAM) Report
Remedial Action Plan (RAP) Within 90 days of approval of a SRP,SAR or Within 60 days of receipt.
RAR.
As-Built Drawings Within 120 days of initiating operation of the No comment required.
active remediation system.
Initiate Operation of Active Within 120 days of RAP approval. No comment required.
Remedial Action
Proposals submitted pursuant to Optional during active remediation Within 60 days of receipt
subsection 62-780.700(15),FAG.
Remedial Action Status Report Within 60 days of the anniversary date of No comment required.
(Monthly or quarterly status reports initiating operation of active remediation
may be required for submittal-- system.
depending on site conditions and
Advisory Committee.)
{00023939.DOCX.1 }
Page i of ii
Post Active Remediation Monitoring When the site meets the criteria for NFA (see Within 60 days of receipt.
(PARM) Plan Rule 62-780.680)or Leveling-Off (see Rule
62-780.700(17))
Post Active Remediation Monitoring Within 60 days of sample collection. No comment required.
(PARM) Report
Leveling Off Determination Within 60 days of sample collection. Within 60 days of receipt.
Post Active Remediation Monitoring Within 60 days of sample collection. Within 60 days of receipt.
(PARM) Plan resampling proposal
(Rule 62-780.750(4)(e),F.A.C.
Site Rehabilitation Completion Within 60 days of the final sampling event. If Within 60 days of receipt. If the
Report(SRCR) SRCR not approved then submit brownfield site meets the
modifications, etc.within 60 days of MDC's requirements of Chapter 62-780,
response. F.A.C. for the issuance of a
SRCO, a SRCO will be issued.
Pilot Study Work Plan When seeking approval before Within 60 days of receipt.
implementation of a Pilot Study pursuant to
Rule 62-780.700(2),F.A.C.
Notices for Reid Activities except Within seven(7)days but not less than 24 No comment required.
for Start of Interim Source Removal hours prior notice to MDC to perform field
or Emergency Response Action activity.
situations.
Submittal to MDC of addenda, Within 60 days of receipt of the MDC's Within the same time frame for
responses,or modification to plans response. review of the original submittal.
or reports,pursuant to Chapter 62-
780,F.A.C.
Submittal of Form and Actual See textof rule for"Initial Notice of No comment required.
Notice required in subsection Contamination Beyond Property Boundaries"
62-780.220(2),F.A.C. in subsection 62-780.220(2),F.A.C.
Submittal of Actual and See text of rule for "Subsequent Notice of No comment required.
Constructive Notice required in Contamination Beyond Source Property
subsection 62-780.220(3),F.A.C. Boundaries for Establishment of a Temporary
Point of Compliance (TPOC)" in subsection
62-780.220(3),FAC.
Submittal of proof of Constructive When seeking an SRCO with conditions, the No comment required.
Notice required in subsection 62. PRFBSR must provide constructive notice of
780.680(8),F.A.C. the MDC's intent to approve a no Further
Action Proposal with controls.
{00023939 DOCK 1 )
Page ofu
Attachment C
(00002394 DOC% 1k
SITE ACCESS AGREEMENT
PERMISSION TO ENTER PROPERTY
BROWNFIELDS REDEVELOPMENT PROGRAM
I. City of Miami Beach, the real property owner("undersigned" or "owner"), hereby grants permission to the
Miami-Dade County ("MDC") Department of Regulatory and Economic Resources (RER) and the State of
Florida, Department of Environmental Protection (`Department") and its agents and subcontractors to enter
the undersigned's property (-the property") located at 340 23`d Street and 2200 Liberty Avenue, Miami
Beach, Florida 33139-5101, as described in Attachment A attached to the BSRA for the brownfield site
assigned the Brownfield Site Identification Number BF131805001, beginning on the date of execution of the
BSRA and ending on such date as deemed appropriate by MDC or the successful completion of the BSRA,
whichever occurs first.
2. This permission is contemplated to be used for the following activities that may be performed by MDC, the
Department, its agents,representatives or subcontractors:
a. Having access to areas where contamination may exist.
b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater
monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and
sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking
photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other
materials deemed appropriate by MDC and/or the Department and the like.
c. Removal, treatment and/or disposal of contaminated soil and water, which may include the
installation of recovery wells or other treatment systems.
3. Upon completion of the investigation, MDC and/or the Department will restore the property as near as
practicable to its condition immediately prior to the commencement of such activities.
4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an
admission of liability on the part of the undersigned or the undersigned's successors and assigns for any
contamination discovered on the property.
5. MDC, the Department, its agents, representatives or subcontractors may enter the property during normal
business hours and may also make special arrangements to enter the property at other times after agreement
from the undersigned.
6. MDC and the Department acknowledge and accept any responsibility it may have under applicable law
(Section 768.28, Florida Statutes)for damages caused by the acts of its employees acting within the scope of
their employment while on the property.
7. In exercising their access privileges, MDC and the Department will take reasonable steps not to interfere
with the Owner's operations,or the remediation and redevelopment activities pursuant to the BSRA.
Signature of Real Property Owner Signature of Witness
Print Name: Print Name:
Title,if applicable
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
/00026075 DOCK. 1 /
t1 �( �
ice/
City Attorney Date
Site Access Agreement
Brownfield Site ID#: BF131805001
December ,2018
Page 2 of 2
Accepted by MDC by the following authorized agent:
Signature of Department representative Signature of Witness
Print Name: Print Name:
Title of Department representative
Date Date
{00026078.DOCX. 1 }
Attachment D
{00011878.DOCX.1}
City of Miami Beach Letterhead
November 9,2018
Sandra Rezola,Brownfields Coordinator
Miami-Dade County Department of Regulatory and Economic Resources
Division of Environmental Resources Management(DERM)
701 NW 1 Court,4th Floor
Miami, Florida 33136
Re: Address of Property Referenced in City of Miami Beach Resolution No. 2007-
30021
Dear Ms. Rezola:
Please note that the redevelopment described in Resolution No. 2017-30021 for "Collins Park
Garage" pertains to Brownfield Site Identification Number BF131805001 with an address of 340
23ao Street and 2200 Liberty Avenue, Miami Beach,Florida 33139.
Sincerely,
[NAME,TITLE]
cc: Michael R. Goldstein,Esti., Environmental Counsel to City of Miami Beach
100026406DOCX.1 I
City of Miami Beach
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # 131805001
IN WITNESS WHEREOF, each of the parties has made and executed this
Brownfield Site Rehabilitation Agreement on the date set forth for each signature of each
representative below: Jack Osterholt, MDC Deputy Mayor, or his designee, and City of
Miami Beach, the Person Responsible for Brownfield Site Rehabilitation, signing by and
through Jimmy Morales, duly authorized to execute same.
PERSON RESPONSIBLE FOR MIAMI-DADE COUNTY
BROWNFIELD SITE RE •BILITATION
/
By: By:
Jimmy orales, 'ami Beach City Manager Deputy Mayor
Date: 'Ilifr (Iv Date:
Approved as to form and legality:
(Address)
(City, State,Zip Code) MDC Assistant County Attorney
(Telephone) (Print MDC Assistant County Attorney's Name)
FILING AND ACKNOWLEDGMENT FILED,on this date.
APPROVED AS TO pursuant to§120.52 Honda Statutes,with the designated
RER Clerk,receipt of which is hereby acknowledged.
FORM & LANGUAGE
& FOR EXECUTI N
A / /1/c//2
Clerk(or Deputy Clerk)
jrCity •ttorney Date Date:
cc: Carrie L. Kruchell, P.G., Environmental Manager, FDEP, carrie.I.kruchellr dep.state.fl.us.
Diane Pupa, Program Administrator, FDEP, diane.pupaadep.state.f1.us
Paul Alan Wierzbicki, Professional Geologist III, FDEP, paul.wierzbickiaa deo.stateflus
Sandra Rezola, Brownfields Coordinator, RER
Michael R. Goldstein, Esq., Environmental Counsel to City of Miami Beach
nrrEsr. A_ �\\ B F
Italhd F.Ciiranado,City Ieric t
* t.ftoORPII1Of"fF
' r'
r Ill t.-.
0
(00026398.000X. 1 }
Page 17.b ii fi t
SITE ACCESS AGREEMENT
PERMISSION TO ENTER PROPERTY
BROWNFIELDS REDEVELOPMENT PROGRAM
I. City of Miami Beach,the real property owner("undersigned" or "owner"),hereby grants permission to the
Miami-Dade County ("MDC") Department of Regulatory and Economic Resources (RER) and the State of
Florida, Department of Environmental Protection ("Department") and its agents and subcontractors to enter
the undersigned's property ('the property") located at 340 23`d Street and 2200 Liberty Avenue, Miami
Beach, Florida 33139-5101, as described in Attachment A attached to the BSRA for the brownfield site
assigned the Brownfield Site Identification Number BF131805001, beginning on the date of execution of the
BSRA and ending on such date as deemed appropriate by MDC or the successful completion of the BSRA,
whichever occurs first.
2. This permission is contemplated to be used for the following activities that may be performed by MDC, the
Department, its agents,representatives or subcontractors:
a. Having access to areas where contamination may exist.
b. Investigation of soil and groundwater including, but not limited to, the installation of groundwater
monitoring wells, the use of geophysical equipment, the use of an auger for collection of soil and
sediment samples, the logging of existing wells, videotaping, preparation of site sketches, taking
photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, and other
materials deemed appropriate by MDC and/or the Department and the like.
c. Removal, treatment and/or disposal of contaminated soil and water, which may include the
installation of recovery wells or other treatment systems.
3. Upon completion of the investigation, MDC and/or the Department will restore the property as near as
practicable to its condition immediately prior to the commencement of such activities.
4. The granting of this permission by the undersigned is not intended, nor should it be construed, as an
admission of liability on the part of the undersigned or the undersigned's successors and assigns for any
contamination discovered on the property.
5. MDC, the Department, its agents, representatives or subcontractors may enter the property during normal
business hours and may also make special arrangements to enter the property at other times after agreement
from the undersigned.
6. MDC and the Department acknowledge and accept any responsibility it may have under applicable law
(Section 768.28, Florida Statutes) for damages caused by the acts of its employees acting within the scope of
their employment while on the property.
7. In exercising their access privileges, MDC and the Department will take reasonable steps not to interfere
with the Owner's operations,or the remediation and redevelopment activities pursuant to the BSRA.
Signature of Real Property Owner Signature of Witness
Print Name: Print Name:
Title, if applicable
Date Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
100026078Da A. I J y
w wan
/ City Attorney 017 Date