HomeMy WebLinkAboutItem 04 Authorization to Transmit and Execute, subject to de minimis changes, a BSRA between Chevron, the City of Ocoee, Montierre Development PLLC, and the FDEP with Montierre named as the Responsible Party
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: October 17, 2023
Item #: 4
Contact Name: Craig Shadrix Department Director: Craig Shadrix
Contact Number: Ext. 6434 City Manager: Robert Frank
Subject: Authorization to Transmit and Execute, subject to de minimis changes, a Brownfield
Site Rehabilitation Agreement (BSRA) between Chevron, the City of Ocoee, Montierre
Development PLLC, and the Florida Department of Environmental Protection (FDEP), with
Montierre named as the Responsible Party. (Assistant City Manager Shadrix)
Background Summary:
The City Commission entered into a Purchase and Sale Agreement with Chevron Land and Development
Company on June 20, 2023, to purchase 95.114 acres of land within the City of Ocoee and has exercised its
right per said agreement to assign its rights and obligations to Montierre Development, PLLC. Per section
19.3 of the Purchase and Sale Agreement, Montierre must assume all rights, obligations, indemnities, and
liabilities of the Purchaser (City). As part of the agreement with Chevron, the assignee, Montierre must enter
into a Brownfield Site Rehabilitation Agreement (BSRA) with the Florida Department of Environmental
Protection, naming both the City and Chevron as party to the agreement, but assuming responsibility for all
rehabilitation work.
For a BSRA to be executed, a brownfield area must be designated (which the City Commission has already
done) and a responsible party must be identified, in this case, Montierre Development, PLLC. Many of the
State’s economic incentives and regulatory benefits depend on the execution of a BSRA. The BSRA provides
the regulatory authority and the public assurance that site rehabilitation will be conducted in accordance with
the statute and the Brownfields Cleanup Criteria Rule [Chapter 62-785, Florida Administrative Code, (F.A.C.)],
and provides liability protection for the responsible party, and others named in the agreement (Chevron, City of
Ocoee). It also establishes the timeframes, schedules, and milestones for completion of site rehabilitation
tasks and submission of technical reports, and other commitments or provisions pursuant to Section
376.80(5), F.S. and Chapter 376, F.S.
This approval contemplates the transmittal of the forthcoming draft agreement and the resolution of any
comments from FDEP. Staff requests that, subject to review of the final agreement, and provided that the City
attorney deems any revisions de minimis, that this approval authorizes execution of the final agreement. At
this time, the agreement is not available as all parties are working diligently to finalize it. The agreement will be
provided at the City Commission Meeting.
Issue:
Should the Honorable Mayor and City Commissioners authorize transmittal and execution (subject to de
minimis changes in the final agreement per City Attorney review) of a Brownfield Site Rehabilitation
Agreement (BSRA) between Chevron, the City of Ocoee, Montierre Development PLLC (the responsible
party) and the Florida Department of Environmental Protection (FDEP)?
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Recommendations:
Staff recommends the Honorable Mayor and City Commissioners authorize transmittal and execution (subject
to de minimis changes in the final agreement per City Attorney review) of a Brownfield Site Rehabilitation
Agreement (BSRA) between Chevron, the City of Ocoee, Montierre Development PLLC (the responsible
party) and the Florida Department of Environmental Protection (FDEP).
Attachments:
None
Financial Impacts:
None
Type of Item: Consent
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