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islation
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File Number: 15-01001 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING
WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE
ATTACHED FORM, AS PART OF THE MIAMI-DADE COUNTY DEPARTMENT OF
REGULATORY AND ECONOMIC RESOURCES APPROVAL OF A NO FURTHER
ACTION WITH CONDITIONS CLOSURE OF THE ENVIRONMENTAL
REMEDIATION ACTIVITIES IN CONNECTION TO MERRIE CHRISTMAS PARK,
LOCATED AT FOLIO NUMBER 01-4129-000-0150, WHICH REQUIRES BOTH
INSTITUTIONAL AND ENGINEERING CONTROL PURSUANT TO THE RISK
BASED CORRECTIVE ACTION PROVISION OF SECTION 24-44(2) OF THE MIAMI
DADE COUNTY CODE.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at 4301
South Le Jeune Road, Miami, Florida, referenced by Folio Number 01-4129-000-0150, known as
Merrie Christmas Park ("Property"); and
WHEREAS, the City performed remedial activities, including soil removal and relocation at the
Property, and have altered the Contaminants Of Concern plume from what was delineated during the
assessment phase at the Property ("Project"); and
WHEREAS, the Project is complete and the Property now qualifies for a no further action with
conditions ("NFAC") closure pursuant to the risk based corrective action provision of Section 24-44(2)
of the Miami -Dade County Code; and
WHEREAS, the Miami -Dade County Department of Regulatory and Economic Resources,
formally known as the Department of Environmental Resources Management, requires the City to
record a restrictive covenant acknowledging the limitations and requirements associated with the
NFAC application for the Property; and
WHEREAS, the City agrees to the provisions as described in the attached covenant;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Section.
Section 2. The City Manager is authorized {1} to execute a covenant running with the land in
favor of Miami -Dade County, in substantially the attached form, as part of the Miami -Dade County
City of Miami
Page 1 of 2 File Id: 15-01001 (Version: 1) Printed On: 8/17/2015
File Number: 15-01001
Department of Regulatory and Economic Resources approval of a NFAC closure of the Project at the
Property.
Section 3, This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESS:
0—
VICTORIA M NDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: .15-01001 (Version: 1) Printed On: 8/17/2015