HomeMy WebLinkAboutMemoCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO :
FROM :
Pedro G. Hernandez
City Manager
DATE :
SUBJECT:
014 5M 1' tj 1 REFERENCES :
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Director ENCLOSURES:
Department of Economic Development
November 14, 2006
Execution of the Remediation
Agreement for the Civic Towers
site.
FILE :
BACKGROUND
The Department of Economic Development recently completed environmental remediation activities at
Civic Towers, an apartment building owned by The Related Group of Florida ("Related") located at 1855
NW 15`h Avenue with the goal of obtaining a No Further Action Letter / Conditional Closure for the
property from the Department of Environmental Resource Management ("DERM"). A condition to the
issuance of the No Further Action letter is the execution by Related of a Covenant Running with the Land
which restricts future use of the property. Related has agreed to execute the Covenant, provided the City
agrees to take additional remediation actions if, in the future, the owner of the property wishes to change its
use, and the change in use requires additional remediation to maintain DERM's approval. The City
Commission approval of the Remediation Agreement attached to the resolution will allow the last
requirement to DERM's approval for Conditional Closure to be satisfied. This successful remediation
represents a significant environmental success story for the City, as the property now meets DERM's
cleanup standards and safeguards are currently in place to protect the life, health and welfare of the
residents.
FINDING
The Department of Economic Development finds and determines that it is in the best interest of the City to
conclude the remediation of the Civic Towers property and to obtain Conditional Closure from DERM. To
do so, the Related Group has agreed to the installed engineering controls (pavers, asphalt, clean fill) and to
execute institutional safeguards that include land covenants/conditions on the Civic Towers property that
restrict future use of the Property that include:
• The property shall not be used for a children's nursery or similar facility.
• Groundwater fom the property shall not be used for drinking water.
• Groundwater from the property shall only be withdrawn for monitoring pollution.
• Contaminated soil shall not be removed from the property without prior written approval of
DERM.
• The engineering controls (clean fill, pavers, asphalt) that restrict human contact with the
contaminants must be maintained in perpetuity,
A condition to Related's execution of the covenant is the City's execution of the Remediation Agreement
attached to the Resolution.The Remediation Agreement provides, essentially that if the owner of the
property modifies its use (expands the parking lot, undertakes an expansion etc) the City will be
responsible to maintain the engineering controls and retain the property's conditional closure status with
DERM.
The Department of Economic Development finds and determines that it is in the best interest of the City to
approve the Remediation Agreement in order to complete the final requirements to obtain conditional
ors:Document 10 14 06 Civic Towers Remediation Agreement Memo
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closure at the site. This file closure from DERM is a significant accomplishment by the city that confirms
that there are no further environmental actions required on the property.
Your signature below will signify your concurrence with the above recommendation and your assimilation
of these findings as yown justification for the execution of the Remediation Agreement by the city.
Approved:
Pedro G. Hernan City Manager
C: Jorge L. Fernandez, City Attorney
ors:Document 10 14 06 Civic Towers Remediation Agreement Memo
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