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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #1904 Date: 03/01/2017 Commission Meeting Date: 04/13/2017 Type: Subject: Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Resolution Execute Covenant - Billy Rolle Domino Park Purpose of Item: To authorize the City Manager to execute a covenant running with the land in favor of Miami -Dade County to satisfy requirements for approval of a No Further Action with Conditions ("NFAC") closure of the environmental remediation activities that took place at Billy Rolle Domino Park, located at folio number 01-4121-007-4620. Background of Item: The Office of Capital Improvements (OCI) has performed environmental remediation at Billy Rolle Domino Park which included soil removal at the Property and disposal of the excavated soil in accordance with Chapter 24 of the Code of Miami -Dade County, Florida. The Miami -Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management, requires the City to enter into a covenant agreement acknowledging the limitations and requirements associated with the NFAC application for the Property. Budget Impact Analysis Item has NOT an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Office of Capital Improvements Office of Management and Budge Office of Management and Budge City Manager's Office Office of the City Attorney City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Reviewed B Jeovanny Rodriguez Yvette Smith Christopher M Rose Alberto N. Parjus Valentin J Alvarez Daniel J. Alfonso Barnaby L. Min Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Deputy City Attorney Review Approved Form and Correctness Meeting Completed Completed Completed Completed Completed Completed Completed Completed Completed Signed by the Mayor Completed Signed and Attested by the City Clerk Completed 03/07/2017 5:16 PM 03/16/2017 9:58 PM 04/03/2017 1:48 PM 04/04/2017 9:02 AM 04/04/2017 9:17 AM 04/04/2017 3:06 PM 04/04/2017 4:35 PM 04/04/2017 6:35 PM 04/13/2017 9:00 AM 04/19/2017 2:17 PM 04/19/2017 2:31 PM City of Miami Legislation Resolution Enactment Number: R-17-0158 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1904 Final Action Date:4/13/2017 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, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT, APPROVAL OF A "NO FURTHER ACTION WITH CONDITIONS" CLOSURE OF THE ENVIRONMENTAL REMEDIATION ACTIVITIES IN CONNECTION TO BILLY ROLLE DOMINO PARK, LOCATED AT 3400 GRAND AVENUE, MIAMI, FLORIDA, REFERENCED BY FOLIO NUMBER 01-4121-007-4620, WHICH REQUIRES BOTH INSTITUTIONAL AND ENGINEERING CONTROL PURSUANT TO THE RISK BASED ON THE CORRECTIVE ACTION PROVISION OF SECTION 24-44(2) OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, AS AMENDED. WHEREAS, the City of Miami ("City") is the owner of certain real property located at 3400 Grand Avenue, Miami, Florida, referenced by Folio Number 01-4121-007-4620, known as Billy Rolle Domino Park ("Property"); and WHEREAS, the City has performed environmental remediation activities, including soil removal at the Property within the areas designated in the Engineering Controls, in substantially the attached form, as further detailed in the Engineering Control Plan dated August 2015, and has disposed of the excavated soils in accordance with Chapter 24 of the Code of Miami -Dade County, Florida, as amended ("County Code"); 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 County Code; and WHEREAS, the Miami -Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management, requires the City to record a restrictive covenant acknowledging the limitations and requirements associated with the NFAC application of 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 if fully set forth in this Section. Section 2. The City Manager is authorized 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, Division of Environmental Resources Management, approval of a NFAC closure of the environmental remediation activities in connection with 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: ndez, City Attor 4/4/2017 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 City 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.