HomeMy Public PortalAbout2022-60 Making certain findings and designating the real property located at 530 Crandon Boulevard, Key Biscayne FL 33149 as a Brownfield AreaRESOLUTION NO. 2022-60
A RESOLUTION OF THE MAYOR AND VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, MAKING CERTAIN FINDINGS AND
DESIGNATING THE REAL PROPERTY LOCATED AT 530
CRANDON BOULEVARD, KEY BISCAYNE, FL 33149,
IDENTIFIED BY MIAMI-DADE COUNTY FOLIO NO. 24-
4232-001-0050, AS A BROWNFIELD AREA PURSUANT TO
SECTION 376.80(2)(A), FLORIDA STATUTES, FOR THE
PURPOSE OF ENVIRONMENTAL REHABILITATION,
JOB CREATION AND PROMOTING ECONOMIC
REDEVELOPMENT; AUTHORIZING THE VILLAGE
CLERK TO NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND MIAMI-DADE
COUNTY OF SAID DESIGNATION; AUTHORIZING THE
VILLAGE MANAGER TO EXECUTE A BROWNFIELD
SITE REHABILITATION AGREEMENT WITH MIAMI-
DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE
AND FOR ALL OTHER PURPOSES.
WHEREAS, the State of Florida has provided, in Chapter 97-277, Laws of Florida, which
is codified at Sections 376.77 through 376.85, Florida Statutes (2022), for the designation of a
"brownfield area" by local government adoption of a resolution in order to promote environmental
remediation and redevelopment and economic development and revitalization; and
WHEREAS, Section 376.79(4), Florida Statutes, defines a "Brownfield Site" as the real
property, the expansion, redevelopment, or reuse of which may be complicated by actual or
perceived environmental contamination; and
WHEREAS, Section 376.79(3), Florida Statutes, defines a "Brownfield Area" as a
contiguous area of one of more brownfield sites, some of which may not be contaminated, and
which has been designated by a local government by resolution; and
WHEREAS, pursuant to Section 376.80(12), Florida Statutes, a local government is not
required to use the term "brownfield area" in the name of the designated area and the Village
Council desires to use the term "Green Reuse Area" in its place; and
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WHEREAS, the proposed Green Reuse Area consists of property located at 530 Crandon
Boulevard identified by Miami -Dade County Folio No. 24-4232-001-0050 (hereinafter "Paradise
Park") as shown in the attached Exhibit "A" and more particularly described in Exhibit "B" (both
attached hereto); which will be developed for public recreational use; and
WHEREAS, the Village Council has reviewed the relevant procedures that apply in
designating a Green Reuse Area as specified in Section 376.80, Florida Statutes (2022), and find
the Village in compliance with the statutory requirements; and
WHEREAS, proper notice of the designation of the proposed Green Reuse Area has been
provided in accordance with Section 376.80(1)(c) and Section 166.041(3)(c)2, Florida Statutes
(2022); and
WHEREAS, the Village Council has made the following considerations as required under
Section 376.80(2)(a), Florida Statutes:
1. The proposed brownfield area warrants economic development and has a
reasonable potential for such activities;
2. The proposed brownfield area represents a reasonably focused approach and is not
overly large in geographic coverage;
3. The proposed brownfield area has potential to interest the private sector in
participating in rehabilitation; and
4. The proposed brownfield area contains a portion of the site suitable for limited
recreational open space; and
WHEREAS, the Village Council has determined that the proposed Green Reuse Area
designation on the subject property is in the best interest of the Village, and advantageous to the
public health, safety and welfare; and
100053765.DOCX. 1 } Page 2 of 7
WHEREAS, the Village desires to notify the Florida Department of Environmental
Protection ("FDEP") and Miami -Dade County of its resolution designating Paradise Park a Green
Reuse Area to further its rehabilitation and redevelopment for the purposes enunciated under
Sections 376.77 through 376.85, Florida Statues (2022); and
WHEREAS, Section 376.80(5), Florida Statutes, requires the person responsible for
brownfield site rehabilitation to enter into a Brownfield Site Rehabilitation Agreement ("BSRA")
with the FDEP, or an approved local pollution control program, if actual contamination exists at
the Brownfield Site; and
WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE
OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and incorporated herein
by this reference.
Section 2. Adoption of Representations. The Village Council finds that the Village
has satisfied the requirements to designate a proposed Green Reuse Area set forth in Section
376.80, Florida Statutes (2022).
Section 3. Property Designation. The Village Council hereby designates the area
depicted on Exhibit "A" and described on Exhibit "B", attached hereto and incorporated herein by
reference, as the Paradise Park Green Reuse Area for purposes of Sections 376.77 through 376.85,
Florida Statutes (2022).
Section 4. Authorization to Village Clerk. The Village Council hereby authorizes
the Village Clerk to notify the Florida Department of Environmental Protection of the Village
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Council's resolution designating Paradise Park a Green Reuse Area for purposes of Sections
376.77 through 376.85, Florida Statutes (2022).
Section 5. Authorization to Village Manager. The Village Council hereby
authorizes the Village Manager to execute the proposed BSRA and BSRA Site Access Agreement
(the "Agreements") in substantially the same form attached hereto as Exhibit "C," subject to the
approval of the Village Attorney as to form, content, and legal sufficiency, and take all actions
necessary to implement the Agreements.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption.
PASSED and ADOPTED this 29th day of November , 2022.
ATTEST;
1J 0C-1-1
aYN B. K H
VILLAGE CLERK
JOE I. RASCO, MAYOR
APPROVED AS TO FORM AND LEGAL SUFFICIE
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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EXHIBIT °'A"
Paradise Park
Green Reuse Area
530 Crandon Blvd., Key Biscayne, FL 33149
Folio No: 24-4232-001-0050
=:.Aerial Fhotograph7
{ 00053390.D O CX. 1
EXHIBIT "B"
LEGAL DESCRIPTION:
A PORTION OF TRACT 1# OF "MATHESON ESTATE"► PLAT BoDlc 34, PACE
314 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT;
BEGIN AT THE SOUTHEAST CORNER OF TRACT 9 OF A SUBDIVISION OF
A PORTION OF MATHESON ESTATE ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 146 AT PAGE 86 OF THE PUBLIC RECORDS OF
MIAMI—DADE COUNTYr FLORIDA) THENCE RUN DUE EAST ALONG THE
SOUTH BOUNDARY LINE OF TRACT 7 OF AFORESAID PLAT• OF Ih1ATHESOM
ESTATE FOR A DISTANCE OF 269.15 FEET TO THE POINT OF BEGINNING
OF THE TRACT OF LAND HEREIN DESCRIBED; THENCE CONTINUE DUE
EAST ALONG THE SOUTH LINE OF TRACT 7 OF THE SAID PLAT OF
MATHESON ESTATE FOR A DISTANCE OF 1115.00 FEET TO THE WEST
RIGHT—OF-WAY LINE OF CRANDON BOULEVARD AS SHOWN ON THE PLAT
OF TROPICAL ISLE HOMES SUBDIVISION AS RECORDED IN PLAT BOOK
50 AT PAGE Ell OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY,
FLORIDA) THENCE SOUTHWESTERLY ALONG THE WEST RIGHT -0F —WAY
LINE OF CRANDON BOULEVARD AND ALONG A CURVE HAVING A RADIUS
OF 1266.37 FEET THROUGH A CENTRAL ANGLE OF 11 DEGREES 01 MIN—
UTE 113 SECONDS FOR AN ARC DISTANCE OF 89.011 FEET TO A POINT
OF REVERSE CURVET THENCE SOUTHWESTERLY ALONG A CIRCULAR CURVE
HAVING A RADIUS OF 25 FEET THROUGH A CENTRAL ANGLE OF 78 DEG—
REES 311 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 33.111 FEET
TO A POINT OF TANGENCY) THENCE DUE WEST ALONG THE NORTH
RIGHT—OF—WAY LINE OF W. MCINTlRE STREET AS SHOWN ON SAID PLAT
OF TROPICAL ISLES HOMES SUBDIVISION FOR A DISTANCE OF 96.97
FEET TO A POINT; THENCE DUE NORTH FOR A DISTANCE OF 105 FEET
TO THE POINT OF BEGINNING.
{00054192.DOCX. 1 }
EXHIBIT "C`!
BEFORE MIAMI-DADE COUNTY,
A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA
IN RE: Village of Key Biscayne
Paradise Park Green Reuse Area
530 Crandon Blvd_, Key Biscayne, FL 33149
Folio No: 24-4232-001-0050
Paradise Park Green Reuse Site
Brownfield Area Identification Number: BFXXXXXXXXX
Brownfield Site Identification Number: BFXXXXXXXXX
DERM Case No. UT -00474, IW5-08656
FDEP Facility/Site Id: 8504998
BROWNFIELD SITE REHABILITATION AGREEMENT PURSUANT TO §376.80(5),
Florida Statutes (F.S.)
WHEREAS, the Brownfields Redevelopment Act . acted to reduce public health
and environmental hazards on existing commercial a • dus sites by offering incentives
to encourage responsible persons to voluntarily de •p and im• `"M ent cleanup plans; and
WHEREAS, Miami -Dade County ("MD
administer the Florida Brownfields Program on be
of Environmental Protection ("Departmen
Chapters 403 and 376, F.S., and the rule
62-780, Florida Administrative Cod- .A.C.
een delegated the authority to
of the State of Florida's Department
ster and enforce the provisions of
hereunder, Chapters 62-777 and
me ded; and
WHEREAS, MDC has matters addressed in this Brownfield Site
Rehabilitation Agreement ("B
WHEREAS, th
pursuant to §376.8
program tasks that
rehabilitation program to
NOW, THEREFORE, in
d MDC through its delegation, have the authority,
bile.) by rule, criteria for determining the rehabilitation
site rehabilitation program and the level at which a
ite rehabilitation program may be deemed complete;
consideration of the mutual covenants and agreements
hereinafter contained, it is agreed as follows:
This BSRA is entered into between MDC and the Village of Key Biscayne, 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:
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.
(00053737.DOCX. 1
Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
2. PERSON RESPONSIBLE FOR BROWNFIELD SITE REHABILITATION
The Village of Key Biscayne is the PRFBSR as defined in §376.79(15), 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 Village of
Key Biscayne in Resolution Number 2022- approved on
2022 as a brownfield area as defined in §376.79(5), F.S. Attachment A is a
composite exhibit that includes: (a) the legal description and map of the Brownfield
Site; and (b) the village resolution(s) with all attachments including the map of the
designated brownfield area. The brownfield site consists of a 0.29 -acre parcel. 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 a
§376.79, F.S., whose source on
Attachment A as the Brownfield
beyond the boundary of the rownfie
site rehabilitation to addres
(b) to conduct site reha
plans in a time
rehabilitation s
incorporated her
contamin site(s)" as defined in
the re property described in
uch contaminated site(s) extend(s)
te, then PRFBSR agrees to conduct
minated site;
ubm technical reports and rehabilitation
ording to the attached brownfield site
upon by the parties, Attachment B
(c) to cond site .b on activities under the observation of professional
engin or prof: ion -I geologists, as applicable, who are registered in
accorda with th equirements of Chapters 471 or 492, F.S., respectively.
Submittals 'v'- : by the PRFBSR must be signed and sealed by a
professional e eer 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 and rules of MDC and the
Department 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;
(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
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Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
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)
(g)
to allow access by MDC and the Department during the entire site
rehabilitation process, as evidenced by the attached documentation,
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 inter 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 the MDC and the Department;; and ;.
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.
MDC recommends that the PRFBSR contact the Department's Waste
Reduction and 4Zegistration Program or Hazardous Waste Program and
Permitting at the foJfowig websites: https://floridadep.gov/wastelwaste-
reduction d https://floridadep.qov/wasteipermittinq-compliance-
assistan rccontte tk azat ous-waste-management-main-page for
recomrnendations tin waste minimization and waste management and for
assistance with po►ilution prevention measures. Such measures may include
improved inventoly 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
5
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
redevelopment. Documentation provided that describes the proposed
redevelopment is provided as Attachment D, incorporated herein.
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
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Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
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, and incorporated herein. If the contractor has not yet been determined, the
PRFBSR shall ensure that the CCF is submitted to the MDC 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, incorporated
herein, which shows a National Environmental Laboratory Accreditation Program
("NELAP")-recognized authority has accredited the la atory(s) that will perform the
analyses required by this agreement.
Any contractor that performs site rehabilitation
on the real property as described in Attac
accordance with the provisions of the par
F, if applicable, showing that any contract
Rsata
A sha
ve and
taminated site originating
vide documentation in
ith Attachments E and
erforms site rehabilitation tasks;
(a) meets all certification`iAv se irements imposed by law; and
(b) performs, or e bor analyses performed, pursuant to NELAP
certificatio and performs, or has field sampling work
performe in a • roc with the Standard Operating Procedures
provided i e 60, F.A.C., as amended, if applicable to
rte rehabilitation tasks.
6. CONTINUO
During the entire g .ilitation process, the PRFBSR agrees to ensure that the
contractor continues '`a ;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 §
376.30781, F.S., only the costs of voluntary cleanup activity incurred and paid by the
applicant that are integral to site rehabilitation or for solid waste removal are eligible
for the VCTC. "Site rehabilitation" as defined in §376.79(19), F.S., 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. "Solid waste removal' as defined in
§376.30781(3), F.S., means removal of solid waste from the land surface or
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Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
excavation of solid waste from below the land surface and removal of the solid waste
from the brownfield site.
Contamination assessment or remediation paid for by the State of Florida for a
discharge that is eligible for a state -funded cleanup under the Drycleaning Solvent
Cleanup Program (DSCP) or one of the Petroleum Restoration Program's (PRP)
eligibility programs, may not be used to calculate a tax credit. Likewise, expenses
incurred that are statutorily -required to participate in the DSCP (i.e., deductibles) or
one of the PRP eligibility programs (i.e., deductibles, review fees, limited
contamination assessment reports, and co -payments), are not eligible for the state's
VCTC. 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
https://floridadeo.dov/waste/waste-cleanup/contept'vvtuntary-cleanup-tax-credit
For specific questions regarding the VCTC Program, please contact the
Department's Waste Cleanup Program at (850) 245-8958,.
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-prpviide the advisory committee a copy of the final proposed draft
BSRA, including attaehnients, 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 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 information and applicable affiliation for each
advisory committee member is included as Attachment G, incorporated herein.
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
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Brownfield Site Rehabilitation Agreement
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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
Pursuant to §376.80(8), F.S., if the PRFBSR fai omply with this BSRA, MDC
shall notify the PRFBSR and allow 90 days for P R to return to compliance
with the provision at issue or to negotiate a_ .modification the BSRA with MDC for
good cause shown. If an imminent hazar xists the 90- grace period shall not
apply. If the project is not returned to co ith this BSRA and a modification
cannot be negotiated, MDC may terminate SRA.
The PRFBSR may terminate this B ti upon written notice to MDC.
Termination of this BSR • ; ithe `rty will revoke the immunity provision of
§376.82, F.S.
12. IMMINENT HAZARD
Nothing herei• all be 3�ns'=_4-d to limit the authority of MDC to undertake any
action in resp se to, or t ecover the costs of responding to, conditions at or from
the real property`describ-.EM n Attachment A that require MDC to take action to abate
an imminent hazard to th.e public health, welfare or the environment.
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.
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Brownfield Site ID # BFXXXXXXXXX
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
any certifications or documentation required i
above, and all data, reports, responses, ad
plans required by this BSRA to:
Wilbur
Chief, Environmental :+ ± onitori Restoration Division
MDC Department of R ` . r a conomic Resources
701 N t Floor
rida 3136
Atb
ne electronic (digital) copy of
raph 5 ("Site Contractor")
r -; dificatiions to reports and
MDC encourages the su
than the submitt
format listed i
of technical r
governed by the
or plan, an electro
copy of the report sh
16. DOCUMENT REVIEW
ents for review in an electronic format rather
les. All electronic copies of documents shall be in the
corporated herein. Time frames for MDC's review
s and submittal of documents by the PRFBSR shall be
Attachment B. After final MDC approval of each report
shall be submitted to MDC within 30 days. The electronic
e submitted in the format listed in Attachment H.
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
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Brownfield Site ID # BFXXXXXXXXX
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 ar the local government with
jurisdiction over the real property described in Att ent A. However, MDC shall
not withhold its consent to such an assignment ' 'e proposed assignee meets
all of the eligibility criteria under §376.82, F.S.; ) he p • «sed assignee has agreed,
in writing, to assume all obligations of the ' BSR und- e terms of this BSRA;
and (c) the assignment of PRFBSR obli• vns per any greement with the local
government with jurisdiction over the real has been approved, in writing, by
the local government.
19. WAIVER
By entering into this BS
this BSRA in an admi
an appeal afforded by
PRFBSR a right
or failure to ex
or default by
remedy of eithe
such breach or de
waives its right to challenge the contents of
orded by §120.569 and §120.57, F.S.: or
20.68, F.S. This BSRA does not deny the
DC's actions taken pursuant to this BSRA. No delay
wer or remedy accruing to either party upon breach
nder this BSRA, shall impair any such right, power or
hall such delay or failure be construed as a waiver of any
any similar breach or default thereafter.
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 BSRA. The procedures for petitioning a hearing are set forth below.
Please be advised that mediation of this decision pursuant to §120.573, F.S., is not
available.
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Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
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.
How to File a Petition for Administrative Hearin
A person whose substantial interests are affec
for an administrative proceeding (hearing) u
The petition must contain the information s
(received by) the office of the Director
Floor, Miami, Florida 33136, within 2
shall mail a copy of the petition to
by this BSRA may petition
§§120.569 and 120.57, F.S.
below and must be filed with
R at 701 NW 1st CT, 4th
ce •f this BSRA. Petitioner
at th ime of filing. Failure to
file a petition within this time perio constitute a waiver of any right to
request an administrative proceeding . •er Chapter 120, F.S.
Pursuant to §120.569(2), F. 8-106.201, F.A.C.. a petition for
administrative hearin•, -,.fall c• the •slowing information:
1. The name,.;
petitioner; the
represe
Brow
and
affect
it address, and telephone number of each
, and telephone number of the petitioner's
, the PRFBSR's name and address; the Department's
ownfield Site Identification Numbers; and the name
Brownfield Site; the name and address of each agency
2. A state 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 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 MDCs action or proposed action,
{00053737.DOCX. 1 }
For FDEP use. 07123/2020 Revised Modes BSRA
Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
including an explanation of how the alleged facts relate to the specific rules
or 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 MDCs final action may be
different from the position taken by it in this BSRA. Persons whose 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
under §120.68, F.S., by filing a notice of
of Appellate Procedure with the office of th
4th Floor, Miami, Florida 33136, - d by
accompanied by the applicable
Appeal. The notice of appeal must
the clerk of RER (see belo
22. CONTACTS FOR G
Any questions
technical ques
in Paragrap
t to seek j al review of this BSRA
u,' ` -r Rule 9.110 of the Florida Rules
or of MDC RER at 701 NW 1St CT,
a copy of the notice of appeal
he appropriate District Court of
0 days after this BSRA is filed with
QUESTIONS
tent of this BSRA, MDC's review of the BSRA, or
cted to MDC's Brownfields Coordinator referenced
A or to the PRFBSR's representative at:
Michael R. Goldstein, Esq.
Th. oldstein Environmental Law Firm, P.A.
2100 Ponce de Leon Boulevard, Suite 710
Coral Gables, Florida 33143
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.
{00053737.DOCX 1 )
For FDEP use 07/23/2020 Revised Model BSRA
Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
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: Daniela Levine Cava, MDC Mayor or her designee, and Village of Key Biscayne,
Florida, the Person Responsible for Brownfield Site Rehabilitation, signing by and through
Steven Williamson, the Village Manager, duly authorized to execute same.
PERSON RESPONSIBLE FOR
BROWNFIELD SITE REHABILITATION
VILLAGE OF KEY BISCAYNE, FLORIDA,
a Florida municipal corporation
By:
Date:
Steve Williamson
Village Manager
(Address) ISZIP1111111(dC‘
(City, State, Zip Code)
(Telephone)
SIGNATURES CONTINUE ON NEXT PAGE
{00053737.DOCX. 1 }
For FDEP use: 07/23/2020 Revised Model BSRA
Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFXXXXXXXXX
MIAMI-DADE COUNTY
By:
Mayor, or her designee
(Print Name)
Date:
Approved as to m and legality:
Assistant County Attorney's Name)
KNOWLEDGMENT FILED. on this date.
0.52 Florida Statutes, with the designated
receipt of which is hereby acknowledged.
Clerk (or Deputy Clerk)
Date:
cc: Bitlly Hessman, FDEP Brownfields Program Manager
Justin Cross, FDEP Government Analyst I I , Brownfields Program
Megan. Johnson. FDEP Environmental Consultant, Brownfields Program
FDEP Brownfields Program Attorney
Norva Blandin, Southeast District Brownfields Coordinator, FDEP
Sandra Rezola, MDC Brownfields Coordinator, RER-DERM
{00053737.DOCX. 1 )
For FDEP use: 07/23/2020 Revised Model BSRA
Village of Key Biscayne
Brownfield Site Rehabilitation Agreement
Brownfield Site ID # BFX)0000(XXX
List of Attachments
Attachment A Local Government Resolution for the Brownfield Area and Map and
Legal Description of the Brownfield Site
Attachment B Brownfield Site Rehabilitation Schedule
Attachment C Site Access Agreement
Attachment D Certification of Redevelopment Agreement
Attachment E Contractor Certification Form
Attachment F Quality Assurance Certificate
Attachment G Advisory Committee Member
Attachment H Format for Submittal of Tech ocuments
¢00053737.DCCX. 1 }
For FDEP use: 07/23/2020 Revised Model BSRA