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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.