HomeMy WebLinkAboutExhibit - CovenantThis instrument was prepared by:
Name: Lisa L. Smith.
Address: SCS Engineers
7700 North Kendall Drive, Suite 300
Miami, Florida 33156
(Space reserved for Clerk)
COVENANT RUNNING WITH THE LAND IN FAVOR OF
MIAMI-DADE COUNTY, FLORIDA, REQUIRING
INSTITUTIONAL AND ENGINEERING CONTROLS AT
REAL PROPERTY LOCATED AT 4355 SOUTHWEST 42nd
AVENUE, MIAMI, MIAMI-DADE COUNTY, FLORIDA.
The Owner, City of Miami, holds the fee simple title to the parcel of real
property legally described as set forth in Exhibit A, attached hereto and incorporated
herein by reference, and located at 4355 Southwest 42nd Avenue Miami -Dade County,
Florida, and furthermore identified for ad valorem tax purposes by all or part of Folio
Number 01-4129-000-0150 (hereinafter referred to as the "Property"), hereby creates a
covenant pursuant to Section 24-44 (2)(k)(ii) of Chapter 24, Code of Miami -Dade
County, Florida, on behalf of the Owner, heirs, successors, grantees and assigns,
running with the land to and in favor of Miami -Dade County, a political subdivision of
the State of Florida (hereinafter referred to as the "County"), its successors, grantees
and assigns, pursuant to Section 24-44 (2)(k)(ii) of Chapter 24 of the Code of Miami -
Dade County, Florida, with respect to the Property as fbllows:
The Owner covenants and agrees to the following:
A. The Owner of the Property has elected to implement institutional and
engineering, controls on the Property to obtain approval for a No Further Action with
Conditions proposal pursuant to Section 24-44 (2)(k)(ii) of Chapter 24 of the Code of
Miami -Dade County, Florida. The institutional and engineering controls that are
applicable to the Property have been initialed as set forth below. These institutional and
engineering controls afford a level of protection to human health, public safety and the
environment that is equivalent to that provided by Section 24- 44 (2)(f)(i) and Section
24-44 (2)(f)(ii) of Chapter 24, Code of Miami -Dade County, Florida. The applicable
institutional and engineering controls are set forth as follows:
1 The Property shall not be used for residential purposes.
2. The Property shall not be used for a children's nursery, children's day care
center, children's school, children's camp, or any other similar facility.
3. Groundwater from the Property shall not be used for drinking water purposes.
4. Groundwater from the Property shall only be withdrawn for monitoring of
pollution.
5. _X Contaminated soil, as delineated in the Site Assessment Report dated December
5, 2013 and the Certification of Construction Completion dated March 13, 2015
and approved by the Director of the Miami -Dade County Department of
Regulatory and Economic Resources, its successors or its assigns, shall not be
removed from the Property without prior written approval of the Miami -Dade
County Department of Regulatory and Economic Resources, its successors or its
assigns. The Site Assessment report is summarized in Exhibit B, which is
incorporated by reference.
6. Other applicable institutional controls as set forth below:
7. X Engineering controls, detailed in the Engineering Control Plan dated May 2015
and approved by the Director of the Miami -Dade County Department of
Regulatory and Economic Resources, its successors or its assigns. The
Engineering Control Plan is summarized in Exhibit C, which is incorporated by
reference.
B. Prior to the entry into a landlord -tenant relationship with respect to the Property,
the Owner agrees to notify in writing all proposed tenants of the Property of the
existence and contents of this Covenant.
C. For the purpose of inspecting for compliance with the institutional and
engineering controls contained herein, the Miami -Dade County Department of
Regulatory and Economic Resources, its successors or its assigns, shall have access to
the Property at reasonable times and with reasonable notice to the Owner of the
Property. In the event that the Owner does not or will not be able to comply with any of
the institutional and engineering controls contained herein, the Owner shall notify in
writing the Miami -Dade County Department of Regulatory and Economic Resources,
its successors or its assigns, within three (3) calendar days.
D. This Covenant may be enforced by the Director of the Miami -Dade County
Department of Regulatory and Economic Resources, its successors or its assigns, by
perrnanent, temporary, prohibitory, and mandatory injunctions as well as otherwise
provided for by law or ordinance.
E. The provisions of this instrument shall constitute a covenant running with the
land, shall be recorded, at the Owner's expense, in the public records of Miami -Dade
County and shall remain. in full force and effect and be binding upon the undersigned,
their heirs, legal representatives, estates, successors, grantees and assigns until a release
of this Covenant is executed and recorded in the Public Records of Miami -Dade
County, Florida.
F. This Covenant is to run with the land and shall be binding on all parties and all
persons claiming under it for a period of thirty (30) years after the date this Covenant is
recorded, after which time it shall be extended automatically for successive periods of
ten (10) years each, unless the Covenant is modified or released by Miami -Dade
County.
G. Upon demonstration to the satisfaction of the Director of the Department of
Regulatory and Economic Resources, its successors or its assigns, that the institutional
and engineering controls set forth in this Covenant are no longer necessary for the
purposes herein intended because the criteria set forth in Section 24-44 (2)(k)(i) of
Chapter 24 of the Code of Miami -Dade County, Florida have been met, the Director of
the Department of Regulatory and Economic Resources, its successors or its assigns,
shall, upon written request of the Owner, release this Covenant.
H. The Owner shall notify the Director of the Miami -Dade County Department of
Regulatory and Economic Resources, its successors or its assigns, within thirty (30)
days of any conveyance, sale, granting or transfer of the Property or portion thereof, to
any heirs, successors, assigns or grantees, including, without limitation, the conveyance
of any security interest in said Property.
The ter-n Owner shall include the Owner and its heirs, successors and assigns.
IN WITNESS WHEREOF, the undersigned, being the Owner of the Property, agrees to the
terms of this Covenant, hereby create same as a Covenant Running with the Land, and set their
hands and seal unto this Covenant this day of
CORPORATION
WITNESSES: Corporation ,Inc.
sign sign
print print
sign Address
print
sign
print (corporate seal)
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
by , as
of , Inc., a Florida
corporation, on behalf of the corporation. He or she is personally known to me or has produced
as identification and who take an oath.
NOTARY PUBLIC:
sign
print
State of Florida at Large (Seal)
My Commission Expires:
City of Miami Merrie Christmas Park
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
City of Miami Merrie Christmas Park
SC IPTI F PPE TY
W1/2 OF N1/2 OF N1/2 OF NW1/4 OF
SE1/4 LESS N280FT & LESS W35 FT
/ AKA 51.9FT STRIP LYG S OF AVE
BARBAROSSA LESS W35FT / & S1/2 OF
NW1/4 OF NW1/4 OF SE1/4
LOT SIZE 234788 SQUARE FEET
I
Al=1,:t7
wWe
La 1
81.41
1 -e �. ,emwat
CITY OF whin.
..e(55. real rear re x.. tows+
rr xma wr
rrt cea. ru. s.ee�e.e, .. ,.r a...re., w.waa �. a_rwwa. "h wwxx V•.r «..r.
. g rf.:77, . zts ii n •+.ems w mVa+net �r
e..ca, e warn, Anan rat, Nunn: oaa. . era.a-rap a.a.,.. an .. e.
e i.ua.a ....aRzrx.an/-.vrtaue.e weM. r_.?7,t
O arrncee rmw e..e..v.cw rn e.,.t;.a.( .a.eaa)-+.p r..e arswx.ewe.n rt ..w .w .a..w
.ea.a ....a .rea.r rmr en rar ae e.n .r.a.e •.. w eea+ sx..r e.e x At w xe. az.e aa.a.
wroe rweco.x, zm. t e...•..a.e x..a mr w xa�¢ re....nn, wnae uoe,e r mr� se sre. re r
es ne.e. e. Ma m..e..a.1, . ore en., eao-e.x mnerc..w...+a. taut *a. se* _..a
- M arzeryr mmar ene arnepe to arsmee own.. oeto nina,M vet 4129,10,0,1 tae.en
ebt+ara.ern.a..rx•ear. r. rwa PaMIae.
_• w a �� 'YITTENTION SHDtIt➢
iDRAWING AS.STIHAS
• •-•• CS ,6EEN ORIGINAL FROM
r ri E
1iSQI OF za x35 $
DC-5366-BOUNDARY
City of Miami Merrie Christmas Park
EXHIBIT B
SUMMARY OF SITE ASSESSMENT REPORT
City of Miami Merrie Christmas Park
T T
Y
City of Miami Merrie Christmas Park
4355 Southwest 42 Avenue
Miami, Florida
HWR-770
May 27, 2015
On September 18, 2013, the Department of Regulatory and Economic Resources, Division of
Environmental Resources Management (DERM) collected samples at Merrie Christmas Park
(Park), as part of an area -wide sampling effort to screen for the presence of buried incinerator
ash at select schools and parks in the area surrounding the City's former Coconut Grove
Incinerator (currently the Coconut Grove Fire Rescue Training Center). DERM inspectors
observed the presence of solid waste and DERM sample results revealed concentrations of heavy
metals in excess of the soil cleanup target levels (SCTLs) at two sample locations, indicating the
potential presence of buried ash. In response to DERM's findings, the City closed the Park to the
public, fenced its perimeter and contracted SCS Engineers (SCS) to conduct a site assessment
and to develop a corrective action plan (CAP) for the Park.
During the site assessment phase, which was implemented from September 2013 through
January 2014, SCS advanced 153 soil borings (from ground surface to the natural limestone
fonnation) at the Park and within the western right-of-way, abutting South Le Jeune Road, to
visually delineate the extent of buried solid waste (see Figure 1 for the visual delineation boring
locations and depth to visible solid waste). Borings were advanced throughout the Site, but were
concentrated in the western portion of the park where buried waste was observed. Based on the
results, SCS advanced an additional 34 soil borings and installed three temporary monitoring
wells and one permanent monitoring well (see Figure 2 for the soil and groundwater sample
locations). SCS collected samples from the soil borings, at varying intervals, and from the
monitoring wells, as warranted for delineation and CAP design. Samples were analyzed for an
extended list of potential incinerator ash contaminants of concern (COCs), including aluminum,
antimony, arsenic, barium, cadmium, chromium, copper, iron, lead, mercury, selenium, silver,
polychlorinated biphenyls (PCBs), and total dioxins.
Soil analytical and visual delineation results are summarized in Table 1 and Table 2 and
groundwater analytical results are summarized in Table 3. In general, elevated concentrations of
COCs were reported within the western portion of the park and in the right-of-way along South
Le Jeune Road, mostly in direct correlation with the solid waste footprint. Arsenic concentrations
above the residential direct exposure SCTL were reported in some samples where no solid waste
was observed; however, the concentrations were found to be consistent with DERM-established
anthropogenic background levels. Based on results of the groundwater testing, it was concluded
that groundwater is not impacted and COCs are not leaching from the soil or solid waste.
Based upon the results of the assessment, a CAP, detailing the restoration activities, was
submitted to DERM and approved on July 7, 2014. The CAP included soil removal and
relocation, and the implementation of engineering controls, consisting of bonded rubber mulch, a
City o
Miami Merrie Christmas Park
two -foot soil cover, rubber playground surfacing and concrete pavement (refer to the
Engineering Control Plan provided in Exhibit C for more detail). The CAP was subsequently
implemented and, on April 29, 2015, DERM issued a letter approving completion of the
restoration activities; thus, qualifying the Park for No Further Action with Conditions (NFAC).
The boundaries of impacted soil based on the current conditions of the site are depicted in the
Certification of Construction Completion, dated March 13, 2015 on Figure 1 of the Engineering
Control Plan (Exhibit C).
a
0
0
Park\Drawings\Fig.1 — Visual
E
5
\ESMASTER\City of Miami\Me
LO
LEGEND
A60-0
VISUAL DEUNEATION SOIL BORINGS
SOLID WASTE IN UPPER 2 FT
SOLID WASTE BELOW 2 FT
INCIDENTAL SOUO WASTE
ON THE SURFACE ONLY
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Prepared For
CITY OF MIAMI
Project Name and Address
MERRIE CHRISTMAS PARK
Sheet Title
VISUAL DELINEATION BORING
LOCATION AND RESULTS
Project No.
09213010.41
Dote
JUNE 2015
Sheet
FIG. 1
SCS ENGINEERS
STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS, INC.
7700 N. KENDALL DRIVE, SUITE 607, MIAMI, FL 33156
PH. (305) 412-8185 FAX. (305) 412-8105
FL CERTIFICATE OF AUTHORIZATION NO. 00004892
Christmas Park\Drawings\Fig.2 — Soil Boring Locations.dwg
M:\ESMASTER\City of Mi
JZ'
LEGEND
j
S8-221,
SOIL SAMPLE LOCATION COLLECTED BY DERM
A SOIL BORING LOCATION
--.i SOLID WASTE IN UPPER 2 FT
Prepared For
SOLID WASTE BELOW 2 FT
INCIDENTAL SOUD WASTE
ON THE SURFACE ONLY
CITY OF MIAMI
Project Name and Address
MERRIE CHRISTMAS PARK
Una,=' I SP.,,, _ ETI C
Sheet Title
SOIL BORING LOCATIONS
Project No.
09213010.41
Dote
JUNE 2015
Sheet
FIG. 2
SCS E GI EE
STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS, INC.
7700 N. KENDALL DRIVE, SUITE 607, MIAMI, FL 33156
PH. (305) 412-8185 FAX. (305) 412-8105
FL CERTIFICATE OF AUTHORIZATION NO. 00004892
Table
Soil Analytical Summary - Primary Contaminants of Concern
Sample ID
Date
Collected
Sample
IntervalWaste
Solid
(SW)
Observed
Antimony
Arsenic
Barium
Copper
Iron
Lead
(mg/Kg)
(ng8Kn)
(mg/Kg)
(nQUKQ)
(mg/Kg)
(mg/Kg)
Direct Exposure Residential SCTL
27
2]
120^
150^
63000
400
Direct Exposure Industrial SCTL
370
12
130880
89000
~
1400
Groundwater Leach abU|ty-BosedSCTL
5.4
1680
A21 (O-O.S)
1'Oot-13
0'0.5
SW
NA
8.7
1770
NA
68400
1910
A21 (0.5-2)
1-Oot-13
0.5-2
SW
NA
14.6
1160
NA
66200
1640
A25(0-0.5)
1-Oot-13
0'0.5
SW
NA
7.2
303
NA
43500
1820
A25(0.5-2)
1-]ct-13
0.5-2
SW
NA
11.5
BOO
NA
103000
1940
'
SB-5(0-0.5)
4-Nov-13
O'O.G
SW
61.4
348
657
374
193000
7300
SB-5(0.5-2)
4-Nov-13
0.5'2
SW
41.1
14
1110
308
140000
3820
SB-8(0-0.5)
4-Nov'13
0'0.5
SW
31
469
700
445
114000
1360
S13-6(0.5-2)
4'Nov-13
0.5-2
SW
20.3
24.6
780
2710
176000
3680
SB-7(0-0.5)
4-Nov-13
0-0.5
No SW
23.1
31.7
1320
888
190000
2030
313'7/0.5'2\
4-Nov-13
M'2
SW
39.0
29.1
1180
845
219000
2690
SB-8(0'0.5}
4-Nov-13
0-0.5
SW
27.3
25.4
1290
741
131000
2250
S13-8(0.5-2)
4-Nov'13
0.5-2
SW
164
18.5
729
454
101000
1520
SB-9(0-0.5)
4-Nov'13
0-0.5
SW
28.4
21.1
1680
998
96800
3050
SB-9(0.5'2)
4-Nov-13
0.5-2
SW
25.2
20.0
1640
1350
184000
2830
SB-10(0-05)
4-Nov-13
0-8.5
No SW
5'7/
13.6
253
1170
47780
481
SB-10(0.5-2)
4-Nov-13
0.5'2
No SW
3.31
15.1
252
345
20000
397
SB'11 (0-0.5)
4-Nov'13
0-0.5
SW
8.7/
15.1
252
206
83900
1260
S13-11 (0.5'2)
'
4-Nov-13
O�G-2
SW
24.7
44.1
1400
2590
211000
2470
SB-12(U-0.G)
4-Nov-13
0-0.5
No SW
13.8
25.7
407
1490
77400
1320
S8-12(0.5-2)
4-Nov'13
0.5'2
SW
27.G
2G.7
4830
41OD
125000
1930
`
~
^`
SB-13(0-03)
4-Nov-13
0'0.5
No SW
1.0U
20j
43.41
361
3950
123
SB-13(0.5'2)
4-Nov-13
0.5-2
No SW
0.98 U
20.4
35.31
46.3
1770
76.0
'
SB-14(0'0.5)
4-Nov-13
0-0.5
No SW
0.88 U
1.21
6.61
3.81
808
10.4
SB-14(].5-2)
4-Nov'13
0.5-2
SW
O�72 U
17 |
13�Q |
1O�8
1320
247
^
`
-
-
S13-15()-0.5)
4-Nov'13
0-0.5
No SW
0.80 U
071 |
5.91
3.21
1110
12.9
SB-15(O.5-2)
4'Nov-13
0.5-2
SW
1J|
5.4
84.6
63�3
17700
189
'
SB'1S(0-O.5)
4-Nov-13
0-0.5
No SW
0.88 U
3.01
23.7 |
122
2800
53.3
SB-1S(0.5'2)
4-Nov-13
O�5-2
No SW
2.5U
2.71
21.41
7.1 |
5470
51.4
`
^
SB-17(O-O.5)
4-Nov'13
0-0.5
No SW
7.0/
12.5
165
156
66900
529
SB-17/0.5-2\
4'Nov-13
0.5-2
No SW
10.8
13.6
665
404
84000
2480
Table
Soil Analytical Summary - Primary Contaminants of Concern
Sample ID
Date
Collected
Sample
Interval
�bb�
` '
Solid
Waste
��V\
` '
Observed
Antimony
Arsenic
Barium
Copper
Iron
Lead
(mg/Kg)
(mg/Kg)
hnoAKo\
(noAKn)
(mg/Kg)
(no8Kq)
Direct Exposure Residential SCTL
27
21
120°
150°
53000
400
Direct Exposure Industrial SCTL
370
12
130000
89000
°
1400
Groundwater Leachability
-Based
SCTL
54
^°°
1600
S13-18(0-0.5)
4-Nov'13
0'0.5
No SW
2.8 U
3.31
17.81
Q] |
1420
31.2
S13-18(0.5-2)
4-Nov'13
0.5-2
No SW
11 U
3.1 |
6.71
1.0 U
959
S.O |
SB-1Q(]-0.5)
4-Nov-13
O-M
No SW
1.0 U
5.01
36.21
40.2
5820
116
SB40(0.5'2)
4-Nov-13
0.5-2
No SW
1] U
5.01
19.01
17.8
3680
527
SB'20(0-0.5)
4-Nov-13
0-0.5
No SW
0.85 U
2.81
13.21
20.2
4380
507
SB-20 (O�5-2)
4-Nov-13
U�5'2
No SW
23 U
1J |
8�3 |
O�Q4 U
37 U
4.71
'
SB-21 (0-0.5)
4'Nov'13
0'0.5
No SW
0.96 U
4.41
54.71
43.4
7600
155
SB-21 (0.5-2)
4-Nov-13
0.5'2
No SW
2.0 U
4.01
63.51
25.1
15600
191
SB-22(0-0.5)
4-Nov'13
0'0.5
No SW
0.04U
4.41
24.91
44.6
7480
85.8
SB-22(0.5-2)
4-Nov-13
0.5-2
No SW
2.5 U
1.81
8.31
0.93 U
36U
41 |
SB-23(0-0.5)
4-Nov-13
0-0.5
No SW
2.5 U
221
22.51
3.01
800
25.81
SB-23 (0.5-2)
4-Nov-13
0.5-2
No SW
2.4 U
1.61
7.61
0.89 U
35 U
4.31
SB-24(0-0.5)
4'Nov-13
0-0.5
No SW
0.84U
1,81
11] |
1.41
1080
73.4
SB'24 (0.5-2)
4-Nov-13
0.5-2
No SW
1.0 U
2.41
Q�0 |
1.51
765
44.3
SB-25(0-0.5)
4-Nov-13
0-0.5
No SW
2.2 U
4.41
114
23.8
4200
20.81
SB-25 (0.5-2)
4-Nov-13
0.5-2
No SW
2.5 U
0.84 U
4.31
0.05 U
37 U
1.4 U
SB-26(0-0.5)
4-Nov-13
0'0.5
No SW
Z1 U
1,01
40.71
2.61
1031
15.01
SB-28(0.5'2)
4-Nov-13
0.5'2
No SW
2.5 U
0.84U
13�8 |
2.41
533
1.4 U
�
SB'27(0-0.5)
4-Nov-13
0'0.5
No SW
22 U
0.74 U
14.41
2.91
1010
05.5
SB-27(0.5-2)
4-Nov-13
O�5-2
No SW
2/1 U
0�82 U
_
11.51
0.92 U
36 U
1.4 U
SB'27(2-4)
'
4-Nov-13
2-4
No SW
0.98 U
4.91
27.6 |
19.5
7520
72.9
SB-27(4-6)
4-Nov-13
4-6
No SW
2.4U
0.82U
7]1
0.92U
45.01
14U
5B'27(8-8)
4-Nov-13
6-8
No SW
2.4 U
0.88 U
4.31
0.90 U
62.2 |
1.4 U
SB-27(8-10)
4-Nov-13
8-10
No SW
NA
NA
NA
NA
NA
NA
S8-28(0-0.5)
4-Nov-13
0-0.5
No SW
2�2 U
O75 U
5,01
0.84U
33U
44.4
SB-28(0.5-2)
4-Nov-13
0.5-2
No SW
2.2U
0.74U
4.01
0.83U
32U
2141
SB-28(2-4)
4-Nov-13
2-4
No SW
11U
4.61
37J1
25.8
13100
571
SB-28(4-6)
4-Nov-13
4-6
No SW
0.93 U
2.41
221 |
7.31
4720
21.8
S8-28(6-8)
4-Nov-13
8-8
No SW
0.91 U
077 U
4.71
0.86 U
212
0.53U
S8-28(8-10)
4-Nov-13
8-10
No SW
NA
NA
NA
NA
NA
NA
Table
Soil Analytical Summary - Primary Contaminants of Concern
Sample |D
Date
Collected
Sample
Interval
Solid
Waste
(SW)
Observed
Antimony
Arsenic
Barium
Copper
Iron
Lead
(mg/Kg)
(nng/Kq)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
Direct Exposure Residential SCTL
27
2,1
120~°
150^°
53000
400
Direct Exposure Industrial SCTL
370
12
130000
80000
°
1400 �
Groundwater Leachability
-Based
SCTL
5.4
1000
SB'20 (O�5'2)#
10-Jan'14
0.5'2
GVV
NA
NA
NA
NA
NA
NA
SQ'30 (0'0.5)#
18,]on'14
0'0.5
No SW
NA
NA
NA
NA
NA
NA
SB-30 (O���)#
1�a�14
0.52
��
�
�
�
�
�
NA
SB-31 (0-0.5)#
16-Jan-14
0-0.5
No SW
NA
NA
NA
NA
NA
NA
SB-31 (0.5-2)#
16-Jan-14
0�5�
��
�
�
�
�
�
NA
SB'32(0'0.5)
16-Jan'14
0'0.5
No SW
0.57U
2_8
14_
NA
2400
20
S8'32(0�5'2)
16' an'14
0�5'2
No SW
0.50 U
O�86
.
13
NA
_
1400
15
SB'33 (0'0.5)
16,]an-14
0'0.5
No SW
1i1_U
O—
19
NA
25000
00
SB'33(0.5'2)
16' an'14
0.5'2
No SW
4.0
10
05
NA
_
24000
610
SB-34(}-0.5)
16' an'14
0'0�5
NoSVV
0.60 U
8'4
14
NA
0600
27
SB'34(0.5'2)
10-Jan'14
0.5'2
No SW
0.57 U
0.86
12
NA
2300
7�8 _
SB-37(0'0.5)
11'Feb'14
0-0.5
No SW
0.69 |
3.6
15
NA
2100
84
SB-37(0.5'2)
11'Feb'14
0.5-2
No SW
O�57 U
2�O
11
NA
1900
23
SB'38(0'0.5)
11'Fab'14
0'8.5
No SW
0.59 U
5.3
17
NA
2800
44
SB'38(0.5'2)
11'Fob'14
0.5'2
No SW
0.57 U
22
15
NA
2800
33
Notes
mg/kg = milligrams per kilogram
U = Not detected at the laboratory method detection limit (MDL)
I = Estimated value, the reported value is between the MDL and the practical quantitaion limit (PQL)
NA = Not Analyzed or Not Available
fb|s = Feet below land surface
SCTLs = Soil Cleanup Target Levels specified in Table 11 of Chapter 24, Code of Miami -Dade County
Bold = Indicates concentrations above the applicable Direct Exposure SCTL
Bo/dVta/ics =|ndioeteoconoontrationsabovotheapp|ioab|eLeaohobi|ity+BaaodSCTLs.butbe|mmdheDinedExpaouneSCTLs
°=Contaminant ionot ahealth concern for this exposure scenario
Direct exposure SCTL is based on acute toxicity considerations; this SCTL is applicable in scenarios where children might
boexposed tosoils (o.g. nasidenoms, schools, playgrounds)
**°= Leachability value may bodetermined using SPLP
# Visual delineation boring
Table
Soil Analytical Summary - Other Contaminants of Concern
Sample
Location/
Sample ID
Date
Collected(8VV
Sample
|ntun/a|
(fb|o)
Solid
Waste
'
Obnon/od
Aluminum
Cadmium
Chromium
Mercury
Selenium
Silver
Total
PCB
Dioxins
Total 2.3'7.8'
TCDO
Equivo|onts4r
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(ng/KA)
Direct Exposure Residential SCTL
80000
82
310
3
440
410
0.5
7
Direct Exposure Industrial GCTL
°
1700
470
17
11000
8200
2.6
30
Groundwater Leach obi|dy'BouodSCTL
~^~
.^
7�5
38
21
52
17
17
3000
GB-1 (0-0.5)
DER&4
18'Sop'13
0'0.5
NA
3400
2.8
69.7
NA
0.5 U
1�8
NA
NA
SB'1 (0.5'1)
OERN
18'Sep'13
0.5-1
NA
4800
5.1
124
NA
0.5 U
17
NA
NA
SB'2(0-0.5)
DERN
18'Sep'13
0-0.5
NA
2000
0.0
21.4
NA
0,5U
2.8
NA
NA
�
SB'2(O5'1)
OERW1
18'Sop'13
O 5'1
NA
1700
0.8
16.2
NA
0.5 U
3.0
NA
NA
3B-3 (0'0.5)
DERK8
10'Sep'13
0'0.5
NA
798
0.31
10.2
NA
0.5 U
44
NA
NA
SB'3(0.5'1)
DERM
18'Sep'13
0.5'1
NA
363
0.21
5.8
NA
0.5 U
4.9
NA
NA
SB~4(0'0.5)
DERM
18'Sep'13
0'0.5
NA
781
0.21
8.5
NA
0.5U
2.6
NA
NA
SB'4 (0.5'1)
OERM
18'Sop'13
0.5-1
NA
340
0.1 |
4.8
NA
0.5 U
4.8
NA
NA
SB-5 (0'0.5)
4-Nov-1 3
0'0.5
SW
3020
5.6
59.1
0.032 |
3.21
0.89|
NA
2.9244
SB'5 (0.5'2)
'
4'Nov'13
.
O�5'2
SW
1670
1�0 |
50.0
0.012 |
2.91
1.51
NA
27778
3B'6 (0'0.5)
4-Nov-1 3
0'0.5
SW
2660
2.6
518
0.027 1
2.21
1.21
NA
3.4335
Table
Soil Analytical Summary - Other Contaminants of Concern
Sample
LnooU
Sample ID
Oa�o
Collected
Interval
(fb|s)
Solid
Waste
eo�e
(SVVon/
Observed
Aluminum
Cadmium
Chromium
Mercury
Selenium
Silver'
Total
PCB
_
Dioxins
Total
' '
TCOD
Equivo|onte4
(mg/Kg)
(mg/Kg)
(mg/Kq)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(ng/Kg)
Direct Exposure Residential SCTL
80000
82
310
3
440
410
0.5
7
Direct Exposure Industrial SCTL
~
1700
470
17
11000
0200
2.6
30
Groundwater Leachability -Based SCTL
^`~
7.5
38
2.1
5.2
17
17
3000
8B-27 (8-0)
4-Nov-13
8-10
NoSVV
NA
NA
NA
NA
NA
NA
NA
NA
SB-28 (0-0.5)
4-Nov-13
0-0.5
No SW
NA
NA
NA
NA
NA
NA
0.0096 U
8
SB-28(0.5-2)
4-Nov+13
0.5-2
No SVV
NA
NA
NA
NA
NA
NA
0.010U
30.3544
SB-28 (2-4)
4Nov-13
24
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28 (4-6)
4-Nov-13
4-6
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28(6-8)
4Nov-13
6-8
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28(8-10
4-Nov-1 3
8-10
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-32(0-0.5)
16Jan'14
0-0.5
No SW
2400
NA
8.9
NA
NA
NA
NA
NA
G8'32(O�5'2)
`..
1�Jan'14
U�5'2
NoSVY
. .~
1700
NA
4�2
NA
NA
NA
NA
.'
NA
.
8B'33(0'0.5)
16-Jan'14
0'0.5
No SW
1400
NA
25
NA
NA
NA
NA
NA
GB'33(O�5'2)
^ ,
18'Jan'14
O�5'2
'
No SW
' -
1500
NA
11
NA
NA
NA
NA
NA
SB-34 (0'0.5)
16'Jan'14
0'0.5
No SVV
2200
NA
8.1
NA
NA
NA
NA
NA
SB'34 (0.5'2)
16,]an'14
0.5'2
No SW
3400
NA
8�2
NA
NA
NA
NA
NA
GB'35 (0'0.5)
23-Jan'14
0'0.5
No SW
NA
NA
NA
NA
NA
NA
NA
8.8763
GB'35 (0.5'1)
23-Jan'14
0.5'1
No SW
NA
NA
NA
N/\
NA
NA
NA
4.4531
SB'35(1'2)
23-Jan'14
1'2
No SW
NA
NA
NA
N/\
NA
NA
NA
7.G%S2
_
GB'36(0'0.5)
23-Jan'14
0'0.5
NoSVV
NA
NA
NA
NA
NA
NA
NA
10.8157
38'36 (8.5'1)
23'Jan'14
0.5'1
No SW
NA
NA
NA
NA
NA
NA
NA
4783
SB'36(1'2)
23'Jon'14
1'2
NoSVV
NA
NA
N/\
NA
NA
NA
NA
1.6185
Table
Soil Analytical Summary - Other Contaminants of Concern
Sample
Location/
Somp|e|Q
Date
Collected
Sample
|n�on/a|
(fb|o)
Solid
Waste
(SW),
Observed
Aluminum
Cadmium
Chromium
Mercury
Selenium
Silver
Total
PCB
Dioxins
Total 3.3,7.8'
TCDO
Equivalents"
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(ng/Kg)
Direct Exposure Residential SCTL
80000
82
310
3
440
410
0.5
7
Direct Exposure Industrial SCTL
~
1700
470
17
11000
8200
2.6
30
Groundwater Leachability -Based SCTL
~~^
7.5
38
2.1
52
17
17
3000
SB-27(8-10)
4-Nov-13
8'10
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28 (0-0.5)
4-Nov-1 3
0-0.5
No SW
NA
NA
NA
NA
NA
NA
0.096U
O
SB-28(0.5-2)
4-Nov-13
0.5-2
No SW
NA
NA
NA
NA
NA
NA
0,010U
30.3544
SB-28 (2-4)
4-Nov-13
24
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28 (4-6)
4Nm+13
4-6
NoSVV
NA
NA
NA
NA
NA
NA
NA
NA
3B'28(6'8)
4-Nov-1 3
6-0
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB-28(8'10)
4-Nov'13
8'10
No SW
NA
NA
NA
NA
NA
NA
NA
NA
SB'32 (0'0.5)
16'Jan'14
0'0�5
No SW
2400
NA
8.9
NA
NA
NA
NA
NA
SB'32(O�5'2)
16,]an'14
^
O�5'2
No SW
`^
1700
NA
42
NA
NA
NA
NA
NA
SB-33(0-0.5)
16'Jan'14
0'0.5
No SW
1400
NA
25
NA
NA
NA
NA
NA
SB-33 (O�5'2)
.
16-Jan-14
0.5'2
No SW
1500
NA
11
NA
NA
NA
NA
NA
SB-34(0'0.5)
16'Jan'14
0'0.5
No SW
2200
NA
8.1
NA
NA
NA
NA
NA
SB'34(0�5'2)
-
16'Jan'14
0.5'2
No SW
3400
NA
82
NA
NA
NA
NA
NA
aSB-35(8'0.5)
23'Jan'14
0'0.5
No SW
NA
NA
NA
NA
NA
NA
NA
8.8763
3B'35(0.5'1)
23-Jan'14
0.5'1
No SW
NA
NA
NA
NA
NA
NA
NA
4.4531
SB'35(1'2)
23-Jan'14
1'2
No SW
NA
NA
NA
NA
NA
NA
NA
7�8392
~ .
SB'36 (0'0.5)
23-Jan'14
0'0.5
No SW
NA
NA
NA
NA
NA
NA
NA
10.8157
3B'36(0�5'1)
23Jan'14
0.5'1
NoSVV
NA
NA
NA
NA
NA
NA
NA
4793
SB'36(1'2)
23Jan'14
1'2
No SW
NA
NA
NA
NA
NA
NA
NA
1.6185
Table
Soil Analytical Summary - Other Contaminants of Concern
Sample
Looudon/
Sample |O
Date
Collected
Sample
Interval
�b|s)
Solid
Waste
(SW)
Oboon/od
Aluminum
Cadmium
Chromium
Mercury
Selenium
Silver
Total
PCB
Okodnu
Total 2.3.7.8'
nCDD
EquEquivalents,
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Kg)
(mg/Ng)
(mg/Kg)
(ng/Kq)
Direct Exposure Residential 8CTL
00000
82
310
3
440
410
0.5
7
Direct Exposure Industrial SCTL
~
1700
470
17
11000
8200
2�6
30
Groundwater Leachability -Based SCTL
~~~
7.5
38
21
52
17
17
3000
SB-37 (0-0.5)
11-Feb-14
0-0.5
No SW
1800
NA
11
NA
NA
NA
NA
NA
SB-37(0.5-2)
11-Feb-14
0.5-2
No SW
1700
NA
S]
NA
NA
NA
NA
NA
SB-38(040.5)
11'Fmb'14
0-0.5
No SW
1400
NA
12
NA
NA
NA
NA
NA
Notes
mg/kg = milligrams per kilogram
ng/kg=nanogramaper kilogram
U=Not detected etthe laboratory method detection limit (N1DL)
I = Estimated value, the reported value is between the MDL and the practical quantitaion limit (PQL)
NA = Not Analyzed or Not Available
fb|a=Feet below land surface
SCTLs = Soil Cleanup Target Levels specified in Table 11 of Chapter 24, Code of Miami -Dade County
Bold = Indicates concentrations above the applicable Direct Exposure SCTLs
BokdlItylics = Indicates concentrations above the applicable Leachability -Based SCTLs but below the Direct Expsoure SCTLs
°=Contaminant ianot ahealth concern for this exposure scenario
= Leachability value may bedetermined using SPLP
#= 2.3.7.8-TCDD equivalents calculated by the laboratory using the 2005 World Health Organization toxicity equivalency factors
Tabulated laboratory data has been rounded as specified in FIDEP Memorandum "Rounding Analytical Data for Site Rehabilitation Completion" dated
November 17. 2011
Table
Groundwater Analytical Summary
Sample ID
TMVV4
TMVV-2
TK0VV-3
K8VV4
GCTL
Date Collected
4'Nov~13
4-Nov43
4'Nuv'13
27,]an-14
Aluminum
(ltg/L)
23.5 |
15 U
63.6|
NA
200
Antimony
(�Lg/L)
3.01
3.81
1.3U
NA
O
Arsenic
(pg/L)
2.5 U
2.5 U
10.8
7.91
10___
Barium
(�q/L)
7.81_
12.31
15.71
NA
2000
Cadmium
(pg/L)
0.50 U
0.50 U
0.50 U
NA
5
Chromium
(pg/L)
20U
371
2.0U
NA
100
Copper
(uo/L)
1.0 U
1.61
1.0 U
NA
1008
Iron
07.61
510
547
NA
300
Lead
(pg/L)
11 |
121
1.61
NA
15
Mercury
0.030U0i030U0.030U
N/\
2
Selenium
_htu8J_
(uo/L)
2.0 U
2.0 U
2.0 U
NA
50
Silver
(gg8-)
0.50 U
0.80 |
0.50 U
NA
100
Total PCB
(uo8-)
0.24 U
0.24 U
0.24 U
NA
0.5
Dioxins
Tota|2.3,7.O'TCOO
Equivalents
(pg/L)
BDL
BOL
BDL
NA
30
Notes
pg/L = micrograms per liter
pg/L = pioograms per liter
U = Not detected at the laboratory method detection limit (MDL)
I = Estimated value, the reported value is between the MDL and the practical quantitaion limit (PQL)
BOL = 8e|mm Detection Limit
GCTLs = Groundwater Cleanup Target Levels specified in Table I of Chapter 24, Code of Miami -Dade County
Bold = Indicates an exceedance of the applicable groundwater cleanup target level (GCTL)
Italics = Indicates concentrations above the applicable GCTL, but below the Miami -Dade
County 8aokgroudLevel of70Suo/Lfor Iron
8okjlIha/ics = Indicates concentrations above the applicable GCTLinthe temproary
monitoring well, but below the GCTLinthe permanent monitoring well
NA= Not Analyzed or Not Available
City of Miami Me rie Christmas Park
EXHIBIT C
ENGINEERING CONTROL PLAN
City of Miami Merrie Christmas Park
n
•
neerin
ontrol
Ian
City of Miami Merrie Christmas Park
4355 Southwest 42 Avenue
Miami, Florida
HWR-770
July 21, 2015
Soil sampling at Merrie Christmas Park (Park) revealed evidence of buried ash (fused/weathered
glass, metal and light grey soil) and elevated concentrations of contaminants of concern (COCs)
within the western portion of the Park and the playground to the southwest. A Corrective Action
Plan (CAP), consisting in part of the implementation of engineering controls, was approved and
completed between July 2014 and April 2015. Figure 1 provides the CAP boundary and the
locations of each of the engineering controls, which will be maintained to reduce direct exposure
to buried incinerator ash and soil impacted with elevated concentrations of COCs. The controls
and general inspection procedures, which are described in more detail in the May 2015 (modified
July 2015) Engineering Controls Inspection and Maintenance Plan (ECP) attached hereto, are as
following:
Two -feet of Clean Fill and Sod: The sod layer atop the 2-feet of clean fill shall be
inspected for erosion, with an emphasis on the playground perimeter and the limits of the
engineering control boundary.
One -foot of Clean Fill and 2.5-inches of Bonded Rubber Mulch: The bonded rubber
mulch shall be inspected for visible wear or cracking, with an emphasis on the banyan
tree bases and edges that terminate at the sidewalk.
• One -foot of Clean Fill and 2.5-inches of Poured in Place Rubber Playground Surfacing:
The rubber playground surfacing shall be inspected for visible wear or cracking within
the playground and at the playground perimeter, with an emphasis on the southern edge
where the existing grade has a steep slope towards the playground. This control shall
also be inspected along edges that terminate at grass and sidewalk.
Impervious sidewalk: The sidewalk shall be inspected for visible wear or cracking, with
an emphasis along the concrete/grass and concrete/rubber interface.
The property owner shall conduct monthly visual inspections of the integrity of each of the
engineering controls described above. During each inspection, the inspector shall fill out in detail
the applicable inspection forms provided in the May 2015 (modified July 2015). If remedial
actions are required, the inspector shall obtain photographic documentation of the impacted area
as well as the remedy. Upon completion of each monthly inspection, the inspection forms shall
be kept on file and submitted quarterly to the Department of Regulatory and Economic
Resources, Division of Environmental Resources Management (DERM). The engineering
controls will not be removed and soil exceeding the residential soil cleanup target levels will not
be removed from the Park without prior written notification to DERM.
ng Controls.dwg
M:\ESMASTER\City of Miami\Merrie Christmas Park\Drawings\Fig.1 E nginee
m
\
\
�
�
zn
42
__ |�" m| =� mr=
| �=| �m | �m �� | �—
EDT
.
N'll-k,
\ mrm
____ PROPERTY LINE
W
LIMITS ENGINEERING
CONTROL
2—FT CLEAN FILL
AND SOD
BONDED RUBBER
MULCH
PIP RUBBER
PLAYGROUND
SURFACING
CONCRETE
PAVEMENT
100
200
SCALE IN FEET
Prepared For
CITY OF MIAMI
Prepared By
mwNORTH KENDAL,DRIVE, SUITE 300
==�m���
Project Name and Address
K8ERR|ECHR|STMASPARK
4355SVV42NDAVENUE
Sheet Title
ENGINEERING CONTROLS
Project No.
09213010/41
Date
JUNE2O15
Sheet FIGURE 1
Engineering Controls
Inspection and Maintenance
Merrie Christmas Park
3840 Southwest 37th Avenue
Miami, Florida
(HWR-770)
Prepared For:
Ctv of a
Miami Riverside Center
444 Southwest 2nd Avenue, 8th Floor
Miami, Florida 33130
Prepared by:
SCS Engineers
7700 North Kendall Drive, Suite 300
Miami, FL 33156
(305) 412-8185
May 2015
(modified July 2015)
File No. 09213010.56
Offices Nationwide
www.scsengineers.com
Merrie Christmas Pork, Engineering Con
rols Inspection and Maintenance
n. neerin
ins ection n
errie hrist
3840 Southwest 37th
Miami, Florida
(I-IWR-770)
Prepared For:
ontrols
inten nce
as ark
Avenue
City of Miami
Miami Riverside Center
444 Southwest 2nd Avenue, 8th Floor
Miami, Florida 33130
Prepared by:
SCS Engineers
7700 North Kendall Drive, Suite 300
FL 33156
„ ) 412-8185
x:t c E
No. 78529
— * z
--- -0
7,3 STiVE OF
0 't
•
1°A/A L
William D. Fleikkinen, '40ii I III\
Project Director
Florida License No. 78529
Stearns, Conrad and Schmidt Consulting Engineers, Inc.
SCS Engineers
Certificate of Authorization #00004892
July 2015
File No. 09213010.56
we,,/e ch,/",m", p",k. e"o/"ee,/"o cvn,m/, /",p°c,/"" and w"/",e"o"ce
4100115,14
Table of Contents
Section Page
l Background l
2 Engineering Controls l
2.1 2'feotof clean fill and Sod l
2.2 l-footof clean fill and 2.5" of Bonded Rubber mulch 3
2.3 l-footof clean fill and 2.5" of poured in place robber playground surfacing 5
2.4 Impervious sidewalk 7
3 Reporting 9
4 Contacts 9
List of Figures
Figure l'Engineering Controls
Appendices
Appendix A: Inspection and Maintenance Forms
Appendix B.Monofuctorer Routine Maintenance
Merrie Christmas Park: Engineerng Con ro s Inspection and Maintenance
1 BACKGROUND
Soil sampling at Merrie Christmas Park revealed evidence of buried ash (fused/weathered glass,
metal and light grey soil) in the western half of the park and the playground to the southwest. A
Corrective Action Plan (CAP) was proposed and completed in 2015 to implement engineering
controls. The engineering controls consisted of two feet of clean fill and sod, one foot of clean
fill and 2.5 inches of poured in place rubber playground surfacing or bonded rubber mulch for
the playground and banyan tree areas, and impervious sidewalks. Trees located within the park
boundary had contaminated soil excavated from around their roots to a depth of 2-feet and
replaced with 2-feet of clean 70/30 soil around the roots. Figure 1 provides the boundary of the
CAP work.
The following sections describe the inspections necessary to maintain the engineering controls.
2 ENGINEERING CONTROLS
Engineering controls were constructed to lirnit exposure to underlying ash; therefore, there
should not be visible ash in the park.
2.1 2-FEET OF CLEAN FILL AND SOD
This area is represented on Figure 1 by a green colored diagonal hatch referred to as 2-feet
Clean Fill. The sod layer atop the 2-feet of clean fill should be inspected for erosion with an
emphasis on the playground perimeter and the limits of the engineering control boundary. Photos
below depict the clean fill and final sod layer.
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
Scr. ENGINIERSI
'11,11101'!11,111'1.11),,u,11,1,114,1
2-Feet of Clean Fill (20" limerock/4" 70/30 soil)
Sod Layer atop 2-Feet Clean Fill
;":14, ApireVrir
2
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
Underlying Ash (Fused/weathered glass, metal, light grey soil)
Observations should be recorded on Inspection and Maintenance Form 1. If "Yes" was
answered for any of the questions in Form 1, Form 2 shall be completed to describe the area of
impact, the specific impact identified and the remedy for the impact. Forms 1 and 2 are provided
in Appendix A.
2.2 1 -FOOT OF CLEAN FILL AND 2.5" OF BONDED RUBBER
MULCH
This area is represented on Figure 1 by a brown diagonal hatch referred to as Bonded Rubber
Mulch. The bonded rubber mulch should be inspected for visible wear or cracking, with
emphasis at the banyan tree bases, edges that terminate at the sidewalk and along Le Juene Road
in the right-of-way. Vehicles are known to park in the right-of-way along Le Juene road and at
times will park on the bonded rubber mulch. Turning of vehicle tires can cause excessive wear
on the rubber. Photos below depict the bonded rubber mulch at the banyan tree bases, sidewalk
interface and along Le Juene Road.
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
$c3:ENGI 11R5'R
Bonded Rubber Mulch at Tree Base
/ / '
4YOMPOtiii;!;144,10""''''
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-
Bonded Rubber Mulch Terminating at Sidewalk
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
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Bonded Rubber Mulch along Le Juene Road
Observations should be recorded on Inspection and Maintenance Form 1. If "Yes" was
answered for any of the questions in Fomi 1, Form 2 shall be completed to describe the area of
impact, the specific impact identified and the remedy for the impact. Forms 1 and 2 are provided
in Appendix A.
2.3 1 -FOOT OF CLEAN FILL AND 2.5" OF POURED IN PLACE
RUBBER PLAYGROUND SURFACING
This area is represented on Figure 1 by a blue diagonal hatch referred to as PIP Rubber
Playground Surfacing. The PIP should be inspected for visible wear or cracking, with emphasis
at the playground perimeter and on the southern edge where the existing grade has a steep slope
towards the playground. PIP should also be inspected at edges that terminate at grass and
sidewalk. Photos below depict the PIP at the southern edge, the perimeter as well as at the edge
that terminates at the sidewalk.
5
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
PIP along Southern Edge of Playground
PIP around the Playground Perimeter
6
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
, t CS. Etitti tit t
PIP Terminating at the Sidewalk
Observations should be recorded on Inspection and Maintenance Form 1. If "Yes" was
answered for any of the questions in Form 1, Fonia 2 shall be completed to describe the area of
impact, the specific impact identified and the remedy for the impact. Focus 1 and 2 are provided
in Appendix A.
2 .4 IMPERVIOUS SIDEWALK
This area is represented on Figure 1 by a concrete hatch refen-ed to as sidewalk. The sidewalk
should be inspected for visible wear or cracking with emphasis along the concrete/grass and
concrete rubber/interface. Photos below depict the two sidewalks at the park
7
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
Impervious Sidewalk — North Entrance
Impervious Sidewalk — South Entrance
8
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
Observations should be recorded on Inspection and Maintenance Form 1. If "Yes" was
answered for any of the questions in .Form 1, Forin 2 shall be completed to describe the area of
impact, the specific impact identified and the remedy for the impact. Forms 1 and 2 are provided
in Appendix A.
3 REPORTING
Inspections and maintenance shall be performed on a monthly basis. During each inspection, the
inspector shall fill out Form 1 in its entirety and if necessary Form 2. Forms shall be completed
with as much detail as possible. Ef remedial actions are required, the inspector shall photo
document impacted areas as well as the remediation. The inspection form(s) and supporting
documentation should be kept on -file and submitted quarterly to the Engineer of Record for
review prior to submittal to the Department of Regulatory and Economic Resources —
Environmental Resources Management (DERM).
Manufacturer specifications may require additional inspections and maintenance to maintain the
Bonded Rubber Mulch and Poured in Place Rubber Playground Surfacing warranty. Appendix
B provides the manufacturers routine maintenance information for the Xgrass Bonded Rubber
Mulch and Poured in Place Rubber Playground Surfacing. The required inspections for the
purposes of ensuring the integrity of the engineering controls shall not be considered a substitute
for any inspection and maintenance recommended by the manufacturer.
CONTACTS
• SCS Engineers (SCS) Miami Office (305) 412-8185
• SCS Project Manager
Jeffrey Thompson (786) 999-3568
• City of Miami Representative
Harry James (305) 755-7901
• City of Miarni Parks and Recreation
Kevin Kirwin (305) 416-1320
Miami -Dade County DERM
Wilbur Mayorga (305) 372-6700
9
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
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MULCH
PIP RUBBER
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CONCRETE
PAVEMENT
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SCALE IN FEET
Prepared For
CITY OF MIAMI
Prepared By
7700 NORTH KENDALL DRIVE, SUITE 300
MIAMI, FLORIDA 33156
PH 305 412 8185 FX 305 412 8105
Project Name and Address
MERRIE CHRISTMAS PARK
INSPECTION AND MAINTENANCE
Sheet Title
ENGINEERING CONTROLS
Project No.
09213010.41
Doto
AY 2015
Sheet
FIGURE 1
Merrie Christmas Park: Engineering Controls Inspection and Maintenance
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APPENDIX A: INSPECTION AND MAINTENANCE FORMS
K�emrieCh�stnnas Park- Engineering Controls Inspection 8k Maintenance Form
Name:
Date:
East ofADASidewalk
En�neehn8[o�m|'���ofClean RU&��d
Area
Vbib|eVVearor
Erosion?
Visible Ash?
Southwest Area of the Engineering Control
Playground Perimeter
EdgeofEnginoedngContro|
Engineering Control - 1-Foot of Clean Fill Bonded Rubber Mulch
Area/Enginering Control
Bonded Rubber ��u|charound Trees
Cracking?
Vi�b|eVVearor
Visible Ash?
Bonded Rubber Mulch/Sidewalk Interface
Bonded Rubber Mulch/Grass Interface
Bonded Rubber Mulch along Le]ueneRoad
Engineering Control - I -Foot of Clean Fill and 2.5" of Poured in Place (PIP) Rubber Playground
Surfacing
Area/Enginering Control
PIP along Southern Edge of Playground
PIP along Playground Perimeter
Visible Wear or
Cracking?
Visible Ash?
PIP/Grass Interface
PIP/Sidewalk Interface
Additional Areas
Area/Enginering Control
Visible Wear or
Cracking?
Visible Ash?
Sidewalks - Concrete/Grass Interface
Note: Inspection Form 2 must be filled -out and attached If the inspector answered yes in any
of the boxes above.
Merrie Christmas Park - Engineering Controls Inspection & Maintenance Form 2
Date:
�Area of Impact
Describe Impact Identified
,Describe Remedy�-�
Date Remedy
v�
Completed
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Merrie Christmas Park: Engineering Controls Inspection and Maintenance
APPENDIX B: MANUFACTURER ROUTINE MAINTENANCE
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Ukemany sudaces such asconc�teoraspha|tagood maintenance and deaningpnogmmviUenhance the
longevity and appearance ofyour Global 5udadngPlayground Sa�tySudadng.
PART - RC�UT|NECLEAN|N��AND |NSPE[T|{�N
The fequencyofrou�nedeaningand inspec�onofyour Global SudadngP|aygmundSafety Sudadngdepends
onthe envimnmentand the amount ofuse Over tim�your sudadngmay get coveedvv�hdir�debris orloose
pieces nfmbbecRoutinely emoveany debris orother loose material and inspect the su�adngfor any signs of
damag�unusual wear ormovement. Immediately contact Global Su�acingifyou think the sudadngoquines
any type ofrepair oramoethomughinsp�tion.
stiff l\ �J U outdoor yU � common
lJ Broom
Sweepingthe surfacingvvithabris�ebvoomisthe most method ofkeepingitdean�
However, because of the porosity and texture of the surface, it is difficult to remove all contaminants by
sweeping alone.
1.2 Water Hose
Use a water hose with a spray nozzle attachment to remove contaminants from the surfacing. This is more
through than just using abroom.
1.3 Cleaning Agents
Household or commercial cleaners that contain both odor suppressants and disinfectants can be used on your
surfacing. Dilute the cleaning agent as recommended by the manufacturer. Apply to the surface using a mop or
scrub brush. This will remove most light stains.
PART - ANNUAL CLEANING
Your surfacing should be broom swept, vacuumed and scrubbed at least once a year.
2.1 Tools:
l. Broom (stiff bristle outdoor bnoom).
2. Vacuum (Shop Vac or, equiva|ent).
3. Water hose with spray nozzle attachment.
4. Household or commercial cleaning agent (heavy duty, high foaming detergent).
5. Bucket and scrub brush.
2.3 Procedure:
l. Remove any debris orother loose material.
2. Broom surface.
l Vacuum surface.
4. Dilute the cleaning agent asrecommended bythe manufacturer.
5. Clean surface in5'by5'sections. Apply diluted cleaning agent tothe surface until wet,
0. Thoroughly scrub surface and work diluted cleaning agent toathick foam.
7. Hose thoroughly. Nofoam nrevidence ofresidue should beapparent after hosing.
8. After cleaning entire surface, re -wet with water toensure complete flushing.
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XGrass warrants the Bonded Rubber Playground Safety Surfacing ("the Surfacing") installed for
("the Owner"), located at fora period of three (3)
years commencing from the date ofsubstantial completion established on and expiring
on
This limited warranty includes only XGrass'obligation to repair, replace or issue a credit, at XGrass'option, for
defective material or workmanship in the Surfacing that has failed during the warranty period. Afailure inthe
Surfacing includes edge raveling, bubbling, delamination, peeling or loss of integrity as a result of degradation,
XGrass is under no obligation or responsibility to repair and/or replace the Surfacing if damaged by vandalism
(including cuts, burns, gouges, etc.), misuse, abuse or alteration, improper subsurface design or construction,
improper drainage, improper or lack of maintenance, any foreign residue that may be deposited on the surface,
normal wear and tear, damage from sharp objects (high heels, spikes, etzjoracts ofGod.
All warranty claims shall be made in writing to XGrass within ten (10) days after Owner has knowledge thereof,
not be responsible for warranty claims if Owner fails to provide written notice within tthe failure.
en (10) days of discovery of
but in no event later than ten (10) days after expiration of the warranty. Written notice shall include the date
of discovery of the failure, description of the failure, photos of the failure and a request for a warranty claim
meeting with XGmssatthe location ofthe Surfacing for which the warranty claim is being made. XGmss shall
XGrass shall determine the validity of all warranty claims after sufficient evidence has been gathered,
XGrass
shall then repair, replace o/issue acredit for any valid claims. Any credit issued tothe Owner onawarranty claim
shall be on a prorated basis and may only be used to purchase replacement and/or additional Surfacing, The
prorated formula for issuing a credit shall be 100% of the original purchase price during year one, 67Y6during
year two and 3396ofthe original purchase price during year three.
Any dispute as to whether and to what extent there is a Surfacing failure and a Subsequent valid warranty claim
within the meaning of this limited warranty shall be initially dealt with by joint investigation and discussion
between XGrass and the Owner in order to achieve a Mutually agreeable solution. |fsuch asolution cannot be
reached within thirty (30) days, then either XGrass or the Owner shall submit the matter to an arbitrator who
shall make a determination in accordance with the rules and regulations of the American Arbitration Association.
The decision ofsaid arbitrator shall bebinding onboth parties.
This limited warranty does not include the subsurface (existing surface, existing or new aggregate, existing or
new concrete orexisting ornew aspha|t). |fthe subsurface fails for any reason whatsoever (including hydrostatic
pressure, cracking, shifting, heaving or settling), this limited warranty shall be rendered invalid. |fthe subsurface
is new concrete and a curing agent was used, this limited warranty shall be rendered invalid. |naddition, there
is no warranty against the Surfacing cracking along expansion joints or underlying cracks, or separating from an
adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of exposure to
ultraviolet rays, unapproved cleaning materials orvandalism.
Note that surface temperature can rise significantly when exposed
todirect sunlight. Shoes and/or socks must
be worn.
Owner agrees that it will not, under any circumstances, make alterations to the Surfacing without the written
authorization of XGrass. Any unauthorized alterations by the Owner shall immediately void this limited warranty
and shall give rise to the duty of the Owner to hold harmless, defend and indemnify XGrass from any claim, suit
or cause of action, personal injury, death or property damage arising out of or related to said alteration.
This limited warranty isexpressly madein|ieuoranyotherwmnantiesandbexcusivezotheohgina|0wner.
Owner acknowledges that this limited warranty shall be voided if the Owner fails to follow the maintenance
guidelines provided byXGmss. Owner agrees that innoevent shall XGraohave any liability toOwner for
loss of use or loss of profits or any form of consequential damages. The following chemicals can damage the
Surfacing and should be avoided: disinfectants, concentrated chlorine bleach, gasoline, diesel fuel, hydraulic and
lubricating oils, acids and organic solvents.
Failure topay for the Surfacing within the agreed upon terms shall void this limited warranty, Any damages to
the Surfacing during the curing period are the responsibility of the Owner and shall be repaired at the Owner's
expense. This limited warranty does not lessen or eliminate any other obligations of Owner to XGrass.
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XGrass warrants the Pour -in -Place Playground Safety Surfacing ("the Surfacing") installed for
("theOwner")'located at for period offive (5)
years commencing from the date ofsubstantial completion established on and expiring
on
This limited warranty includes only XGrass'obligation to repair, replace or issue a credit, at XGrass'option, for
defective material or workmanship in the Surfacing that has failed during the warranty period. A failure in the
Surfacing includes edge raveling, bubbling, delar-nination, peeling or loss of integrity as a result ofdegradation.
XGrass is under no obligation or responsibility to repair and/or replace the Surfacing if damaged by vandalism
(including cuts, burns, gouges, etc.), misuse, abuse or alteration, improper subsurface design or construction,
improper drainage, improper or lack of maintenance, any foreign residue that may be deposited on the surface,
normal wear and tear, damage from sharp objects (high heels, spikes, etc.) or acts of God.
All warranty claims shall be made in writing to XGrass within ten (10) days after Owner has knowledge thereof,
but innoevent later than ten (l0days after expiration ofthe warranty. Written notice shall include the date
of discovery of the failure, description of the failure, photos of the failure and a request for a warranty claim
meeting with XGrass at the location of the Surfacing for which the warranty claim is being made. XGrass shall not
be responsible for warranty claims if Owner fails to provide written notice within ten (10) days of discovery of the
XGrass shall determine the validity of all warranty claims after sufficient evidence has been gathered.
XGrasa
shall then repair, replace orissue acredit for any valid claims, Any credit issued to -the Owner onawarranty claim
shall be on a prorated basis and may only be used to purchase replacement and/or additional Surfacing. The
prorated formula for issuing a credit shall be 100% of the original purchase price during year one, 80% during
year two, 60% during year three, 40% during year four, and 20% of the original purchase price during year five.
Any dispute as to whether and to what extent there is a Surfacing failure and a subsequent valid warranty claim
within the meaning of this limited warranty shall be initially dealt with by joint investigation and discussion
between XGrass and the Owner in order to achieve a mutually agreeable solution. If such asolution cannot be
reached within thirty (30) days, then either XGrass or the Owner shall submit the matter to an arbitrator, who
shall make a determination in accordance with the rules and regulations of the American Arbitration Association.
The decision ofsaid arbitrator shall bebinding onboth parties.
This limited warranty does not include the subsurface (existing surface, existing or new aggregate,
existing or
new concrete orexisting o/new aspha|t). |fthe subsurface fails for any reason whatsoever (including hydrostatic
pressure, cracking, shifting, heaving or settling), this limited warranty shall be rendered invalid. |fthe subsurface
is new concrete and a curing agent was used, this limited warranty shall be rendered invalid. |naddition, there
is no warranty against the Surfacing cracking along expansion joints or underlying cracks, or separating from an
adjacent border, curb or walkway. This limited warranty does not include discoloration as a result of exposure to
ultraviolet rays, unapproved cleaning materials nrvandalism.
Note that surface temperature can rise significantly when exposed to direct sunlight.
Shoes and/or socks must
be worn.
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Owner agrees that it will not, under any circumstances, make alterations to the Surfacing without the written
authorization ofXGmo. Any unauthorized alterations by the Owner shall immediately void this limited warranty
and shall give rise to the duty of the Owner to hold harmless, defend and indemnify XGrass from any claim, suit
or cause of action, personal injury, death or property damage arising out of or related to said alteration.
This limited warranty isexpressly madcinUeuoranyot erwanandesandisexdusive*otheohgina|Owner.
Owner acknowledges that this limited warranty shall be voided if the Owner fails to follow the maintenance
guidelines provided byXGrao. Owner agrees that innoevent shall XGnasshave any liability toOwner for
loss of use or loss of profits or any form of consequential damages. The following chemicals can damage the
Surfacing and should be avoided: disinfectants, concentrated chlorine bleach, gasoline, diesel fuel, hydraulic and
lubricating oils, acids and organic solvents.
Failure topay for the Surfacing within the agreed upon terms shall void this limited warranty. Any damages to
the Surfacing during the curing period are the responsibility of the Owner and shall be repaired at the Owner's
expense. This limited warranty does not lessen or eliminate any other obligations of Owner to XGrass.
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Environmental Consultants
and Contractors
.7700 N. K.endall Drive
Suite 300
Miarnt FL 33156
11111
August 6, 2015
File No. 09213010.56
Mr. Wilbur Mayorga, P.E., Chief
Division of Environmental Resources Management
Department of Regulatory and Economic Resources
701 N.W. lst Court, 4t1i Floor
Miami, Florida 33136
RE:
City of Miami Merrie Christmas Park
4355 SW 42 Ave, Miami, Florida
(HWR-770)
Subject: Revised Draft Restrictive Covenant
Dear Mr. Mayorga:
305 412-8185
FAX 305 4 12.-81 05
www.scsengineers.corn
On behalf of the City of Miami (City), SCS Engineers (SCS) herein submits this revised draft
Restrictive Covenant (DRC) in response to the July 30, 201.5 review letter (Attachment A) from
the Department of Regulatory and Economic Resources, Division of Environmental Resources
Management (DERM). The revised DRC is provided as Attachment .B and the Opinion of Title
is provided as Attachment C. Please note upon DERM' s final review a updated Opinion of
Title will be requested to reflect a signature dated no more than 30 days prior to recording of the
RC.
The legal description of the property, provided as Exhibit A, has been modified to be consistent
with the legal description provided in the Opinion of Title and with the Miami -Dade County
Property Appraiser's Office. Additionally, the revised draft DRC has been amended to reflect
the correct signature block and the approved Engineering Control (EC) Inspection and
Maintenance plan, dated May 2015 (modified July 2015) is now reflected under Exhibit C.
Please contact the undersigned if you have any questions.
Sincerely,
Brittney Odom
Project Professional
SCS ENGINEERS
Lisa L. Smith
Technical Advisor
SCS ENGINEERS
cc: Mr. Jeovanny Rodriquez and Mr. Harry James — City of Miami (with attachments)
Offices Nationwide
Mr. Wilbur Mayorga, P.E.
August 6, 2015
Page 2
Attachments
A. Regulatory Correspondence
B. Draft Declaration of Restrictive Covenant
C. Opinion of Title
Carlos A. Gimenez, Mayor
July 30, 2015
CERTIFIED MAIL NO. 7013 2630 0001 2415 8481
RETURN RECEIPT REQUESTED
Daniel Alfonso, City Manager
City of Miami
444 Southwest 2nd Avenue
Miami, Florida 331300
Department or Regulatory and Economic Resources
Environmental Resources Management
701 NW 1 st Cuuri, 4th Fknn
Florida 33136-3912
T 305-372-6700 F 305-372-6982
miamidade.gov
Re: Draft Declaration of Restrictive Covenant dated June 24, 2015 submitted by SCS
Engineers on behalf of the City of Miami (the City) for the Merrie Christmas Park Facility
(HWR-770) located at, near or in the vicinity of 4355 SW 42 Ave, Miami, Florida.
Dear Mr, Alfonso:
The Division of Environmental Resources Management (DERM) of the Department of
Regulatory and Economic Resources has reviewed the referenced document received on June
24, 2015 and has identified the following items that require your attention:
1. The legal description for the property, provided as Exhibit A is not consistent with the
legal description provided in the Opinion of Title or with the legal description provided by
the Miami -Dade County Property Appraiser's Office,
2. As provided in the Institutional Control Guidance, the correct signature block on the
covenant (i.e., individual or corporation) shall be selected and the one not used deleted.
Therefore, the draft covenant shall include only the correct signature block and not both.
http://www.miamidade.qovienvironment/library/instructions/risk-based-corrective-
action.pdf
3. As provided in the above mentioned guidance, Exhibit C shall include, along with the
summary of the approved engineering control plan (ECP), "...a detailed description of
the construction, maintenance, and as appropriate, monitoring of the engineering
control." Therefore, the approved Engineering Control (EC) Inspection and Maintenance
Plan dated May 2015 (modified July 2015) shall be included in Exhibit C.
Be advised that DERM reviewed the referenced information with respect to form and content
only; the information will be submitted for review for legal sufficiency once the above items are
addressed.
Mr. Alfonso,
Re: Draft Restrictive Covenant
Merrie Christmas Park (HWR-770)
7/30/15
Page 2 of 2
Based on the above, within 60 days of receipt of this correspondence, submit to DERM for
review and approval a revised draft covenant along which addresses the issues indicated
above. Be reminded that the Opinion of Title shall be current (Le., must be signed no more than
30 days prior to the recording of the restrictive covenant).
If you have any questions concerning the above, please contact me via email at
mayorwPmiamidade.qov or contact Lorna Bucknor at bucknI(@,miamidade.gov or via telephone
at (305) 372-6700.
Sincerely,
Wilbur Mayorga. P.E. Chief
Environmental Monitoring and Restoration Division
ec: Jeovanny Rodriquez, City of Miami — (jeovannyrodriguezmiamiqov.com)
Harry James, City of Miami — Environmental (hiamesmiamiqov.com)
Brittney Odom, SCS Engineers (BOdom@scsenqineers.com)
Lee Hefty, DERM Director heftvl@miamidade.qov
John Andersen — DERM anderjmiamidade.qov
CITY OF MIAMI
OPINION OF TITLE
TO: CITY OF MIAMI, a municipal corporation of the state of Florida.
VVith the understanding that this opinion of title is furnished to the CITY OF MIAMI, as an inducement for execution of a restrictive covenant covering the
real property hereinafter described or for acceptance of a warranty deed, easement covenant or unity of title as applicable, It is hereby certified that I
(we) have examined the City records for "Merrle Christmas Park" (or the "Property"), as described below,
I have searched the Miami Dade County Property Appraiser Public Records and certain City of Miami Municipal Records concerning the City of Miami
Park named Merrie Christmas Park located at 4355 SW 42n1 Avenue, Miami, Florida having the following Folio Number:
01-4129-000-0150
The Property is legally described as follows:
W1/2 OF N1/2 OF N1/2 OF NW1/4 OF
SEIM LESS N280FT & LESS W35FT
/ AKA 51.9FT STRIP LYG S OF AVE
BARBAROSSA LESS W35FT/ & S1/2 OF
NW1/4 OF NW1/4 OF SE1/4
LOT SIZE 234788 SQUARE FEET
Basing my opinion on said public records, I am of the opinion that on the date of June 16, 2015 the fee simple title to the above described real property
was vested in: THE CITY OF MIAMI, a Florida municipal corporation.
Sublect to the following liens, encumbrances, and other exceptions:
GENERAL EXCEPTIONS
9 All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid.
* Rights or persons other than the above owners who are in possession,
6 Facts that would be disclosed upon accurate survey,
O Any unrecorded labor, equitable, statutory, mechanics' or material persons' liens.
• Zoning, Comprehensive Planning, Budding and other restrictions imposed by governmental authority,
SPECIAL EXCEPTIONS
NO XX YES (Please disclose)
None of the exceptions listed above will restrict the use of the property for the purpose of encumbering said property with a restrictive covenant.
I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice law in the state of Florida and am a member in good standing of the
Florida Bar,
Respectfully submitted this 16th day of June, 2015,
DANIEL S. GOLDBERG, ESQ.
ASSISTANT CITY ATTORNEY, OFFICE OF THE CITY ATTORNEY
VICTORIA MENDEZ
444 S,W, 2nd Avenue, Suite 945
Miami, Florida 33130-1910
(305) 416-1800
Florida Bar # 91435
Doc. No.: