HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #1194
Date: 10/17/2016
Commission Meeting Date: 12/08/2016
Type:
Subject:
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted: District 3
Resolution
Approve Covenant - Jose Marti Park
Purpose of Item:
To authorize the City Manager to execute a covenant running with the land in favor of
Miami -Dade County requiring institutional controls [and engineering controls] at Jose
Marti Park, located at folio numbers 01-20202-080-1050, 01-0202-080-1060, and 01-
0202-080-1070.
Background of Item:
The Office of Capital Improvements (OCI) has performed environmental remediation at
Jose Marti Park which included soil removal at the Property and disposed 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 to meet the requirement for institutional controls [and engineering
controls] at Jose Marti Park.
Budget Impact Analysis
Item has NOT an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Office of Capital Improvements
Office of Management and Budget
Office of Management and Budget
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
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
Valentin J Alvarez
Victoria Mendez
Nicole Ewan
Nicole Ewan
Mayor's Office
City Clerk's Office
Department Head Review
Budget Analyst Review
Budger Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Completed
Completed
Completed
Completed
Completed
Completed
Deputy City Attorney Review Skipped
Approved as to Form and Correctness
Meeting Completed
Meeting Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
10/27/2016 4:42 PM
11/01/2016 12:34 PM
11/03/2016 11:45 AM
11/03/2016 12:22 PM
11/04/2016 10:33 AM
11/04/2016 5:28 PM
11/07/2016 2:00 PM
Completed
11/17/2016 9:00 AM
12/08/2016 9:00 AM
12/16/2016 4:15 PM
12/16/2016 4:46 PM
City of Miami
Legislation
Resolution
Enactment Number: R-16-0613
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1194 Final Action Date:12/8/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE EXECUTION OF A DECLARATION OF RESTRICTIVE COVENANT
RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
MIAMI-DADE COUNTY, REQUIRING INSTITUTIONAL AND ENGINEERING
CONTROLS AT JOSE MARTI PARK LOCATED AT APPROXIMATELY 342-362
SOUTHWEST 4 STREET, MIAMI, FLORIDA.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at 342,
350, and 362 Southwest 4 Street, Miami, Florida, referenced by Folio Numbers 01-0202-080-
1050, 01-0202-080-1060, and 01-0202-080-1070, known as Jose Marti Park ("Property"); and
WHEREAS, the City has performed environmental remediation activities, including soil
removal at the Property, and has disposed of the excavated soils in accordance with Chapter 24
of the Code of Miami -Dade County, Florida ("County Code"); and
WHEREAS, Section 24-44(2)(k)(ii) of the County Code requires a covenant to be
recorded against real property that has been remediated in order to allow the Miami -Dade
County Department of Regulatory and Economic Resources, Division of Environmental
Resources Management ("DERM") to approve a "no further action with conditions" proposal in
connection with said remediation; and
WHEREAS, the above -mentioned requirement is satisfied by the recordation of the
Declaration of Restrictive Covenant, running with the land, attached and incorporated as Exhibit
"A" herein; and
WHEREAS, said remediation occurred within the areas labeled "Engineering Control" in
Exhibit "B" of the attached covenant, detailed in the Engineering Control Plan dated February
2016 as described in Exhibit "C" of the attached covenant; and
WHEREAS, upon demonstration to the satisfaction of the Director of DERM, that the
institutional and engineering controls set forth in the covenant are no longer necessary for the
purposes contained therein and the criteria set forth in Section 24-44(2)(k)(ii) of the Miami -Dade
County Code have been satisfied, then the covenant may be released upon written request of
the City; and
WHEREAS, the City Commission, after careful consideration of this matter, finds that it
is in the best interest of the general welfare of the City and its inhabitants to approve the
covenant, in substantially the attached form;
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 substantially the attached form, in favor of Miami -Dade County as part of the Miami -Dade
County Department of Regulatory and Economic Resources' requirement for institutional and
engineering controls at Jose Marti Park.
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
11/7/2016
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 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.