Loading...
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 Groundwater from the Property shall only be withdrawn for monitoring of pollution. 5.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 mMIM A4-* C2'� -B6 "IN A62- �B7� B43� I B4- B44� -C31 iG28 B60-0 A859 B48� as -se . - B12-1, B11 847-4 816� B15-. 813-v 814� B18 B17- ® difC32 C30 4-C29 C23 8101.0 C241 C �B9261 -B5 C25ft A81- A80� C27 B50� B51fr C39- B52-)g C38-19 C42J -C40 B66-)s 863453V65-)0 C41\ B64� C34- " A87-. C35� GCS-D C46b A79� A83- 819- A82-* A84-� 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""'''' 04000„*.II - Bonded Rubber Mulch Terminating at Sidewalk Merrie Christmas Park: Engineering Controls Inspection and Maintenance stS E tit si NEXOt 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 illilliSliCi$lliilitilitililGililltiititllglSlll,l FIGURES ir) 0 CN 0 NANCE AR U_ 10 wr c 0 0) E (13 _c 0 0) 0) E LOT 14 1(3 . i E-zi .7 a ror 1 88-88„242 20 ,0 , I rrrY.' 21 , LOT 82 i 1 E_ . - --,.- 848,8 2 r=.111 4 1 1 „Jr-- wr 5 i jiff 4 i z 36E0:CS surDivrws 44 EDT 25 LOT oZ WI' 27 (1) ror 0 LEGEND 0 PROPERTY LINE 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 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 .1$R1:11104Nftgitttsil 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 '`,� Merrie Christmas Park: Engineering Controls Inspection and Maintenance APPENDIX B: MANUFACTURER ROUTINE MAINTENANCE 4 P P[� W(— JVI �� � ' L r� 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. � W .� � 41'1� 11 � eit 8�� �� � � I' ki &A I t U b, r"I 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. *4 I� PF ° 0 W �� ��~ '��� Yea � � �� � I � A � �� � f1i 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. w W 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. 0 IM I 41 MMY gr,°I f] Imvf�� r/ 11" ����� � ' 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.: