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Legislation
Resolution
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-02205 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A REMEDIATION
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE RELATED GROUP OF FLORIDA OR ITS
SUCCESSORS OR ASSIGNS, FOR THE REMEDIATION OF CERTAIN
ENVIRONMENTAL CONDITIONS, AS REQUIRED BY MIAMI-DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCES, WITH RESPECT TO THE
PROPERTY LOCATED AT 1855 NORTHWEST 15 AVENUE, MIAMI, FLORIDA.
WHEREAS, the Related Group of Florida ("Related") holds fee simple title to a certain parcel of
real property located at 1855 Northwest 15th Avenue in Miami -Dade County, Florida ("Property"); and
WHEREAS, in 2002, the Miami -Dade County Department of Environmental Resource
Management ("DERM") required the City of Miami ("City") to remediate the Property in a manner
consistent with environmental laws; and
WHEREAS, to comply with DERM's mandate, the City retained the services of Evans
Environmental and GeoSciences, as its environmental consultant, to prepare an Interim Remediation
Action Plan ("IRAP"), for DERM's approval; and
WHEREAS, DERM approved the IRAP and required the City to remediate the Property in
accordance with the IRAP ("Remediation"); and
WHEREAS, on or about April 26, 2005, DERM granted the City an extension of time for the
Remediation based on the satisfaction of certain conditions including the execution, by the owner of
the Property, of a restrictive covenant running with the land, restricting future use of the Property; and
WHEREAS, Related, as owner of the Property, agreed to execute such covenant, on the condition
that the City agrees to take such action as may be required to maintain the conditional closure status
of the Property in the event that, in the future, Related, or a subsequent owner of the Property,
modifies the use of the Property in a manner that, although legally permissible, would require
additional action on the part of the City to maintain DERM'S approval; and
WHEREAS, on or about October 31, 2006, Related executed a Covenant Running with the Land in
favor of Miami -Dade County, agreeing to implement and maintain the institutional and engineering
controls required by DERM, a copy of which is attached hereto as Exhibit "A;" and
WHEREAS, it is in the best interest of the City to accept the covenant, and, in consideration
therefore, to include in the Remediation Agreement ("Agreement") attached hereto as Attachment "1,"
the safeguards required by the owner of the Property relating to the restrictions imposed upon the
future use of the Property;
City of Miami Page 1 of 2 Printed On: 12/1/2006
File Number. 06-02205
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute an Agreement, in substantially the
attached form, attached hereto as Attachment "1," between the City and Related, or its successors or
assigns, for the remediation of certain environmental conditions, as may be required by DERM with
respect to the Property.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JO . FERNANDEZ4
CIT AT ORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 12/1/2006