HomeMy WebLinkAboutBack-Up DocumentsAGREEMENT FOR PETROLEUM CLEANUP PARTICIPATION PROGRAM
This Agreement is entered into by and between the Florida Department of Environmental
Protection (hereinafter "Department"), whose address is 2600 Blair Stone Road,
Tallahassee, Florida, and City of Miami (hereinafter "Participant"),
whose address is 444 SW 2nd Ave, Miami, FL, 33130
(collectively the "Parties") to perform certain site rehabilitation activities for
contamination determined eligible for the Petroleum Cleanup Participation Program
(hereinafter "PCPP") in accordance with Section 376.3071(13), Florida Statutes (F.S.).
The petroleum contamination subject of this Agreement is the discharge(s) date(s)
10/07/1987 at the Miami City -Fleet Mgmt Fuel Fac (facility name)
facility located at 1390 NW 20th St, Miami Miami -Dade County, Florida,
DEP Facility ID # 138622163
WHEREAS, in accordance with Section 376.3071(13), F.S., the Department is authorized
to provide state funding assistance for petroleum discharges determined eligible for
PCPP, based on the site's priority ranking established pursuant to Section 376.3071(5)(a),
F.S., and Chapter 62-771, Florida Administrative Code (F.A.C.); and
WHEREAS, in accordance with Section 376.3071(13), F.S., the Department has
determined the described contamination eligible and Participant provided the required
Limited Contamination Assessment Report (hereinafter "LCAR") or assessment data
[General Site Assessment Report dated 10/09/2018 (Report Title and Date)] exists and was
determined to be sufficient to support the proposed course of action and to estimate the
cost of the course of action; and
WHEREAS, the Participant shall provide one of the following: a 25% cost savings to the
Department, a 25% copayment by the Participant, or a combination of both a cost savings and
copayment that totals 25%.
PARTICIPANT AGREES TO PROCEED UNDER THE SELECTED OPTION
(please select and initial only ONE option and appropriate sub -options if applicable)
1.
Participant is providing a 25% cost savings to the Department:
0 Attached as Exhibit A the agency term contractor's (ATC's) written
acceptance to a reduction in its Department ATC rates.
OR
0 Attached as Exhibit A is the Participant's executed PCPP
Conditional Closure Agreement (CCA, including Attachment B
Conditional Closure Agreement Contractor Recommendation) with an
endpoint of RMO II. Also attach evidence of a properly recorded
interim declaration of restrictive covenant.
Participant Initials
If cost savings selected
Facility ID # 138622163
1 PCPP Agreement template 05/12/2022
2. Participant is paying a 25% copayment of the cost to cleanup.
Participant Initials
If copayment selected
3. QParticipant is providing a combination of both a cost savings and copayment equal
to 25% of the cost of cleanup (Attached as Exhibit A, recommended ATC's written
acceptance to a reduction in its Department ATC rates and the Participant
copayment percentage combination).
Participant Initials
If combination selected
NOW, THEREFORE, in consideration of the mutual benefits to be derived here from, the
Department and the Participant do hereby agree as follows:
GENERAL.
1. All activities associated with the performance of this Agreement shall be in conformance
with the provisions of Chapter 376, F.S., and Chapters 62-780, 62-771, and 62-772, F.A.C.
The Parties hereto agree that this Agreement shall additionally be subject to the applicable
provisions of Chapter 287, F.S.
2. The Participant understands that during the course of site rehabilitation, the
Department may, based on the statutes, rules and guidance of the Department, revise a
site rehabilitation strategy due to technical or cost considerations.
TERM OF AGREEMENT AND SPENDING LIMITS.
3. This Agreement is effective on the date of execution by the Parties until the earlier of:
(1) the Department has determined that rehabilitation is complete pursuant to Chapter 62-
780, F.A.C. and issues a Site Rehabilitation Completion Order (SRCO) or Conditional Site
Rehabilitation Completion Order (CSRCO); or (2) the funding limitations set forth in Section
376.3071(13)(b), F.S., are exhausted and site rehabilitation has not been achieved.
4. The PCPP program funding cap per eligible PCPP discharge is $400,000, less any
funds previously spent to date, with an additional $100,000 in auxiliary funding
(available via amendment to this agreement if needed for remediation or monitoring in
order to achieve a No Further Action determination).
COVENANTS AND REPRESENTATIONS OF THE DEPARTMENT.
5. In accordance with Sections 376.3071, F.S., and rules adopted pursuant to that
Section, the Department will prepare Work Assignments, and procure the work as
appropriate with the contractor designated and will thereby be responsible to the
contractor solely for the Department' s percentage of its cost share, whether that cost is
100% after a cost savings has been demonstrated, 75% cost share, or combination of both.
Facility ID # 138622163
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6. The Department will review and approve site rehabilitation activities in accordance with
the terms of the procurement orders and Chapter 62-780, F.A.C., and shall make copies of
such documents available to the Participant in the electronic site file Oculus
(https://depedms.dep.state.fl.us/Oculus/servlet/login). The Participant is further advised
and understands that the Department may task a locally contracted county with review of
site rehabilitation documents or procurement documents under this Agreement.
7. In accordance with Section 287.0582, F.S., the State of Florida's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the
Legislature. The Participant understands that this Agreement shall not result in the
encumbering of State funds upon execution of the Agreement.
COVENANTS AND REPRESENTATIONS OF THE PARTICIPANT.
8. The Participant represents that he or she or it is qualified to enter into this Agreement
and able to fully perform their duties under this Agreement. Participant acknowledges that the
responsibilities and obligations of this Agreement survive the transfer of the above
referenced facility/property.
9. When the Participant is paying a 25% copayment, or copayment combination, the
Participant further agrees that it shall be subject to the prompt payment provisions of Section
215.422, F.S., upon receipt of an invoice for its share of costs from the Contractor, when such
invoice is accompanied by a written approval by the Department of the work completed.
10. When Participants are paying a copayment, the Participant shall maintain and provide
upon request, documentation that the invoice amount was paid. Failure to timely and adequately
pay the contractor and provide proof of that payment to the Depa1 tinent upon request shall be
considered a material breach of the PCPP Agreement pursuant to paragraph 14 and may
result in loss of eligibility. The Department will request confirmation of payment/ contractor
certification either via letter or e-mail after the Department has approved the contractor's
work.
11. In accordance with Chapter 376, F.S., it is unlawful for the Participant to receive any
remuneration, in cash or in kind, from a Contractor performing cleanup activities subject of this
Agreement. This would include an agreement whereby the Participant does not make timely
payments of the required copayment when the option of 25% copayment or copayment and
cost savings combination.
12. When a Participant is paying 25% copayment or copayment and cost savings combination,
the Participant shall maintain books, records, documents and other evidence pertaining to
compensation and payments directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles and practices consistently
applied. The Department, the State of Florida or their authorized representatives shall have
access, without cost, except reasonable costs associated with photocopying such records,
to such records for audit purposes during the term of this Agreement and for five years
following termination of this Agreement.
Facility ID # 138622163
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TERMINATION OF AGREEMENT AND REMEDIES FOR BREACH OF
AGREEMENT.
13. This Agreement may be terminated for material breach of obligations by either Party.
Material breach means substantial failure to comply with the terms and conditions of this
Agreement. A Party terminating the Agreement shall give written notice of the breach to the
other Party within 14 days of discovery of facts giving rise to the breach. Such notice shall be
of sufficient detail so that the Party allegedly in breach can formulate a remedy. If the
breach is remedied within 15 days of the notice, the Agreement shall remain in effect. If the
breach is not remedied within 15 days of the notice, the Agreement may be terminated within
15 days of the close of the 15 day remedy period. Failure to timely pay the Participant's 25%
co -payment or 25% copayment and cost savings combination is considered a material breach
of this PCPP Agreement. In the event that the Department determines, in its sole discretion,
that the Participant is in breach of this Agreement, the Department reserves the right to
exercise all remedies at law and equity.
14. The Department reserves the right to unilaterally cancel this Agreement for refusal by
the Participant to allow public access to all documents, papers, letters or other material
regardless of the physical form, characteristics, or means of transmission, made or
received subject to the provisions of Chapter 119, F. S., in conjunction with this
Agreement (public records). The Department may terminate this agreement without cause
with notice to the Participant pursuant to paragraph 16.
15. The parties hereto agree to waive any right to jury trial under this Agreement.
NOTICES.
16. Any notice or written communication required or permitted hereunder between the
Parties shall be considered received when delivered via electronically by e-mail or
delivered in person or by mail by the appropriate Party Representative. Party
Representatives are as follows:
Remainder of page intentionally left blank
Facility ID # 138622163
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Department Representative:
Kenneth Busen, P.G.
PCPP Coordinator
Petroleum Restoration Program
Department of Environmental Protection
2600 Blair Stone Road, MS 4580
Tallahassee, Florida 32399-2400
Phone: (850) 245-8745
E-mail: Kenneth.Busen@FloridaDEP.gov
Participant Representative:
N/A
Name
Arthur Noriega V
Title
City Manager
Street Address
444 SW 2nd Ave
City, State, Zip
Miami, FL, 33130
Phone
(305) 250-5400
Email
anoriega@miamigov.com
AMENDMENTS.
17. Any amendment to this Agreement must be in writing and signed by the Parties.
AS SIGNMENT.
18. This Agreement shall not be assigned by either Party without prior written consent of the
non -assigning Party. The Department will not accept assignment of this Agreement to any
person or entity that, in the Department's determination, is unable to reliably comply with the
25% cost savings, co -payment, or combination of both obligation.
CHOICE OF LAW/FORUM.
19. The parties hereby agree that any and all actions or disputes arising out of this Agreement
shall be governed by the laws of the State of Florida; and any such actions shall be brought in
Leon County, Florida.
RESPONSIBILITY FOR SITE REHABILITATION WHERE CLEANUP COSTS
EXCEED SPENDING LIMITATIONS.
20. In accordance with Section 376.3071(13)(f), F.S., in the event that the funding
limitations specified in Section 376.3071(13), F.S., are exhausted or exceeded prior to
completion of site rehabilitation, the Participant shall be obligated to continue site
rehabilitation activities in accordance with Section 376.3071(5), F.S., and Chapter
62-780, F.A.C. If the Participant fails to timely continue the site rehabilitation activities the
Department and its contractors) are permitted to continue performing assessment and remedial
activities that the Department, at its sole discretion, deems appropriate. The Department
will designate its own contractor(s) to undertake site rehabilitation actions without the approval
of the Participant or any other party. The Department or its contractor(s) will perform any
assessment and remedial activities that the Department, at its sole discretion deems
appropriate to address the remaining petroleum contamination. As such, the Department,
Facility ID # 138622163
5 PCPP Agreement template 05/12/2022
at its sole discretion, may choose to undertake assessment or cleanup activities that are less
stringent than the requirements of Chapters 62-780 and 62- 777, F.A.C., and which may not
result in the issuance of a Site Rehabilitation Completion Order. Pursuant to Section
376.3071(7)(b), F.S., the Department will seek recovery for all sums expended by the
Department for actions taken pursuant to this paragraph. Therefore, the Department
explicitly reserves its right to seek recovery from the Participant or any other responsible
party that amount which was expended by the Department in these matters.
ENTIRE AGREEMENT.
21. It is hereby understood and agreed that this Agreement states the entire agreement
and that the Parties are not bound by any stipulations, representations, agreements or
promises, oral or otherwise, not printed in this Agreement. This Agreement is binding
upon execution of the Agreement and is for the benefit of the Parties and to no other entities or
persons not signatories to this Agreement. This PCPP Agreement is the primary Agreement
between the Parties and any conflict between the PCPP Agreement and any of the
attachments the PCPP Agreement controls. No exhibit or attachment to the PCPP
Agreement can modify any statutes, rules, or procedures applicable to the Petroleum
Restoration Program.
FOR THE DEPARTMENT: FOR THE PARTICIPANT:
Natasha Lampkin
Program Administrator
Petroleum Restoration Program
Attachment: Exhibit A
Participant Signature
Print Name: Arthur Noriega V
Title: City Manager
Date:
Facility ID # 138622163
6 PCPP Agreement template 05/12/2022
Petroleum Restoration Program
SITE ACCESS AGREEMENT
1. The Parties. The undersigned real property owner, City of Miami
[Insert name of each property owner(s) as listed on the deed]
("Owner"), whose address is 444 SW 2nd Ave, Miami, FL, 33130 hereby
[Insert owner address]
give(s) permission to the State of Florida, Department of Environmental Protection, whose address is 2600
Blair Stone Road, MS# 4545, Tallahassee, Florida 32399-2400 ("FDEP" or "Department") and all its
Contractors, subcontractors, and vendors ("Contractors"), to enter the Owner's property located at
("Property") 1390 NW 20th St, Miami, FL
with FDEP Facility ID# 138622163
[Insert FDEP Facility ID#1
The Property. Owner owns the certain real property identified as folio/parcel number(s)
01-3135-000-0163
[Insert subject property address]
[Insert parcel number(s) from PropertyAppraiser's website]
located at 1390 NW 20th St, Miami, FL
[Insert physical mailing address]
Miami -Dade County, Florida (the "Property"), as more particularly described in the legal
[Insert Florida County]
description within Exhibit A, attached hereto and made a part hereof.
[Attach a legal description of the Property —from the most current deed and or a survey sketch/map of the property with
GPS or other locational information]
2. Permissible Activities. This Site Access Agreement ("Agreement") is limited to activities
which may be performed by the Department or its Contractors without cost to the Owner (unless
required in a separate agreement with the Department) to locate contamination, determine
contamination levels and, when necessary, remove and remediate contamination which may be
performed by the Department and its Contractors. If the contamination is eligible for state
funding, nothing herein is intended to modify the requirements and limitations of the eligibility
program or order. The following activities are included in this Agreement but are not limited to
this list:
• conduct soil, surface, subsurface, and groundwater investigations, including
but not limited to entry by a drill rig vehicle and/or support vehicles;
• install and remove groundwater monitoring wells;
• use geophysical equipment;
• use an auger for collecting soil and sediment samples;
• locate existing wells;
• collect waste, soil, and water samples;
• remove, treat and/or dispose of contaminated soils and water;
• remove contaminated soil by digging with backhoes, large diameter augers
and similar equipment;
• install, operate, and remove remedial equipment;
• install and remove utility connections;
• trenching for connection of remediation wells to equipment;
• conduct surveys, prepare site sketches, and take photographs; and
• inspect any and all of the above activities
PRPSiteAccessAgreemen3/21/2024 Page 1 of 5
Facility ID#: 138622163
3. Duration and Termination of Access. This Agreement is granted, without any fee or charge
to the Department or Contractors, for so long as is necessary to assess, remove, monitor and remediate
the contamination on the Property. Access shall be allowed for the Department (its employees) and
Department Contractors (including site rehabilitation contractors and
associated subcontractors; contracted site managers with Teams 5 and 6 and local
governments; and contractors performing work for the Department under environmental
forensics site investigation contract, if applicable) (collectively referred to throughout as Contractors)
immediately upon the execution of this Agreement. However, access for a Site Rehabilitation
Contractor can be contingent upon the Owner timely entering into an additional separate site access
agreement with only the Site Rehabilitation Contractor (if the Owner
wants a separate agreement with the Site Rehabilitation Contractor, please check the
appropriate box at the end of this document). Such agreement with a Site Rehabilitation
Contractor is not binding upon the Department. There is no option for an additional site access
agreement with any of the Department's other Contractors. This Agreement shall continue
until the Department's entry of a site rehabilitation completion order pursuant to Rule 62-
780.680, Florida Administrative Code (F.A.C.), or low -scored site initiative no further action
order pursuant to Section 376.3071(12)(b), Florida Statutes (F.S., "Order"). At which time the Owner
shall be provided a copy of the Order and this Agreement shall be automatically
terminated.
4. Work Performed during Business Hours. The Department and Contractor may enter the
Property during normal Business Hours and may also make arrangements to enter the Property
at other times with the Owner's prior written consent. "Business Hours" is defined as 7 A.M. to
7 P.M. (Eastern Time) during the weekdays.
5. Environmental Infrastructure and Well Permits. The owner authorizes the Department and the
Contractors to act as its authorized representative in signing all required forms and documents
necessary for obtaining applicable permits related to environmental infrastructure improvements
including well construction, repair, maintenance, modification, and abandonment pursuant to Chapter
373, F.S.
6. Activities Comply with Applicable Laws. The Department and Contractors agree that any
and all work performed on the Property and in association with this Agreement shall be done in
a good, safe, workmanlike manner, and in accordance with applicable federal and state statutes, rules,
and regulations.
7. Proper Disposal of Contaminated Media. The Department and Contractors shall ensure that
soil cuttings, any work materials, and water generated shall be managed and disposed of in accordance
with Environmental Laws. All soil cuttings, waste materials and development water generated shall be
appropriately disposed in a timely manner.
8. Property Restoration. The Department shall pay the reasonable costs of restoring the Property as
nearly as practicable to the conditions which existed before activities associated with
contamination assessment or remedial action were taken.
9. Owner's Non -Interference. The Owner shall not interfere with the Department or Contractors when
performing the Permissible Activities. Owner shall not damage any equipment including wells, piping,
and remediation system that may be located on the Property. Owner shall notify the Department at least
ninety (90) days prior to commencement of any construction, demolition or other work on the Property
that may damage or destroy any part of the equipment installed under this
PRPSiteAccessAgreement3/21/2024 Page 2 of 5
Facility ID#: 138622163
Agreement. If the Department anticipates that the remediation equipment will not be used for over
one (1) calendar year, the Owner can request removal of the remediation equipment if it is interfering
with operation of the business or with planned construction activities.
10. Non -revocable. If Property is the source of the discharge that is eligible for State funded
remediation pursuant to Chapter 376, F.S., access to the Property is required and Owner may
not revoke this Agreement with the Department until the appropriate site rehabilitation
completion order is issued under Rule 62-780.680 F.A.C. or a low- scored site initiative no
further action order issued (if applicable) pursuant to Section 376.3071(12)(b), F.S., is final.
11. No Admission. The granting of this Agreement by the Owner is not intended, nor should
it be construed, as an admission of liability on the part of the Owner for any contamination
discovered on the Property.
12. Owner's Use of Property. The Owner retains the right to use the Property, and the
Department and its Contractors will work with the Owner regarding minimizing activities that
may interfere with the Owner's management and use of the Property. However, neither the
Department nor the Contractor are responsible for any inconvenience, economic injury, or
business damage that Owner may suffer due to the performance of any Permissible Activity. This
agreement does not modify any legal right the parties may have regarding negligent acts.
13. Owner's Release of Claim. If Owner selected a qualified contractor (not an agency term
contractor), the Owner hereby releases the Department from any and all claims against the
Department performed by the Owner's selected contractor arising from or by virtue of, the
Permissible Activities.
14. Injury to Department. The Owner shall not be liable for any injury, damage or loss on the
Property suffered by the Department, Department's employees or Contractors provided that it
is not caused by the negligence or intentional acts of the Owner's agents or employees.
15. Indemnification. The Department does not indemnify the Owner, see paragraph 16. The
Contractor has indemnified the Department. However, if the Owner chooses to enter into a
separate access agreement with the Contractor, the Contractor is not prohibited from
indemnifying Owner as long as such indemnification does not conflict with the Contractor's
indemnification of the Department. Where no conflicts exist, any subsequent indemnification by
the Contractor to any party associated with the Permissible Activities is subservient and
subordinate to the Contractor's indemnification of the Department.
16. Sovereign Immunity. The Department acknowledges and accepts its responsibility under
applicable law (Section 768.28, F.S.) for damages caused by the acts of its employees while on
the Property.
17. Insured Contractors. The Department shall require its Site Rehabilitation and Forensics
Contractors, while performing services on the Property, to maintain commercial general liability
insurance, automobile liability insurance, and workers' compensation insurance as required by
Section 376.3071(6), F.S., and approved by the Department.
18. Public Records. All documents created or received associated with the Permissible
activities are a public record pursuant to Chapter 119, F.S. The Owner may retrieve any
documents or other information related to the Permissible Activities online using the facility
PRPSiteAccessAgreement03/21/2024 Page 3 of 5
Facility ID#: 138622163
number reference above. http://depedms.dep.state.fl.us/Oculus/servlet/login
19. Entire Agreement. This Agreement shall constitute the entire agreement between the
Department and the Owner regarding this grant of access to the Property by the Department and
its contractor as stated herein. No modification, amendment or waiver of the terms and
conditions of this Agreement shall be binding upon Department unless approved in writing by
an authorized representative of Owner and Department.
20. Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any action or proceeding arising
from or relating to this Agreement shall be in the appropriate Florida court having jurisdiction
located in Leon County, Florida.
21. Severability. In the event that any part of this Agreement is found to be invalid by a court
of competent jurisdiction, that part shall be severed from this Agreement, and the balance of
this Agreement shall remain in full force.
22. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto
and the Department, Contractors, and their successors, and assigns, and shall not be deemed to
confer upon third parties any remedy, claim, liability, or reimbursement, claim of action or
other right.
A. Are additional requirements attached to this agreement? If neither are checked,
the Department will assume "NO." Note: Additional requirements must be on a separate
page titled Exhibit B and include the facility ID#, owner signature and date on the page. If an Exhibit
B is not submitted to the Department with the signed Site Access Agreement, the Department will
consider that you have changed your selection from "YES" to "NO".
YES ONO
B. Do you wish to participate or provide input with respect to rehabilitation
of this facility? If neither are checked, the Department will assume "NO."
DYES ONO
C. If you wish to exercise the option to reject one Contractor prior to assignment of
work, please enter an email address.
If you do not have an email address, you can enter a telephone number or street address instead.
D. Do you want the site rehabilitation Contractor to contact you to obtain a
separate site access agreement? Note: Optional site access agreements between the owner
and site rehabilitation Contractor must be completed within (90) calendar days. Since such an
agreement is neither necessary nor required, state -funded site rehabilitation activities will begin
whether or not you and the site rehabilitation Contractor have executed this optional agreement.
Entities listed in paragraph 3 which this agreement provides immediate access for are excluded
from this option of obtaining an additional site access agreement.
YES NO
PRP SiteAcce ssAgreement0 3/2 1 /2024 Page 4 of 5
Facility ID#: 138622163
Signature of each Property Owner Signature of Witness
Print Name Date Print Name Date
444 SW 2nd Ave, Miami, FL, 33131
Property Owner Mailing Address
(305) 250-5400
Property Owner Telephone or Cell Phone Number
anoriega@miamigov.com
Property Owner E-mail Address
Accepted by the State of Florida Department of Environmental Protection:
Natasha Lampkin
Program Administrator
Petroleum Restoration Program
Date
Signature of Witness
Print Name Date
Attachments: Exhibit A- Legal description of the Property.
FDEP Coordinates (Degrees Minutes Seconds) for Facility ID#: 138622163
Latitude 25° 47' 39.6156"
Longitude 80° 13' 03.6710"
PRPSiteAccessAgreement03/21/2024 Page 5 of 5
Facility ID#: 138622163
Legal Description:
35 53 41 9.47 ACM/L
NW1/4 OF NE1/4 OF NW1/4
LESS N35FT FOR ST
LOT SIZE 413160 SQUARE FEET
Exhibit A
Facility ID: 138622163
ONLY FOR USE IN CONJ(JNCTION WJTII A
PE1 ROLELN[ CLEANUP PARTICIPATION PROGRAM AGREEMENT
PURSUANT TO SECTION 1, CHAPTER 2020-56, LAWS OF FLORIDA £
This instrument prepared by:
Name of person
Company (if applicable) CITY OF MIAMI, FL
mailing address 444 SW 2nd Ave
Miami, FL, 33130
DECLARATION OF INTERIM RESTRICTIVE COVENANT
THIS DECLARATION OF INTERIM RESTRICTIVE COVENANT (hereinafter "Declaration") is made by
City of Miami, FL ((if applicable "a/an Florida Municipal Corporation "}}
[(Full Name of all Property Owners above}} [(if owner is an LLC or a corporation please insert above}}
(hereinafter "GRANTOR") and the Florida Department of Environmental Protection (hereinafter "FDEP").
This Declaration is neither extinguished nor affected by the Marketable Record Title Act pursuant to
section 712.03, Florida Statutes (F.S.).
RECITALS
A. GRANTOR is the fee simple owner of that certain real property situated in the County of
Miami -Dade County , State of Florida, County Property Appraiser's parcel number 01-3135-000-0163
more particularly described in the legal description that is recorded in County of Miami -Dade
book (see deed) and page (see deed) Exhibit "1" (copy of the current deed to the property)
attached hereto and made a part hereof (hereinafter the "Property");
B. The FDEP Facility Identification Number for the Property is 138622163 . The facility name at the
time of this Declaration is Miami -City Fleet Mgmt Fuel Fac . This Declaration addresses the Petroleum Cleanup
Participation Program (PCPP) eligible discharge(s) reported to the FDEP on the following date(s) October
7, 1987
C. The discharge report(s) set forth what was known about the contamination on the Property at the
time of the report. These reports suggest that contaminants as defined by Chapter 62-780, Florida
Administrative Code (F.A.C.), may exist on the Property. This Declaration does not satisfy the
requirements of closing a contaminated site pursuant to Rule 62-780.680, F.A.C.
D. It is the intent that this Declaration provide notice of the contamination and that the restrictions reduce
or eliminate the risk of exposure of users or occupants of the Property and the environment to the
contaminants and to reduce or eliminate the threat of migration of the contaminants during the cleanup
activities and after. The FDEP makes no representations that the restrictions contained herein are sufficient to
protect human health and the environment.
E. FDEP has agreed to a cost -savings PCPP Agreement pursuant to 376.3071(13)(d), Florida Statutes,
upon recordation of this Declaration. FDEP can unilaterally revoke the PCPP Agreement if the conditions of
this Declaration or the PCPP Agreement are not met. Once the PCPP discharge(s) have met the
requirements of Rule 62-780.680(2), F.A.C., a final Declaration reflecting final restrictions must be
executed and recorded.
www.floridadep.gov Page 1 of 5 PCPP InterimRestrictiveCovenant 062424
F. GRANTOR deems it desirable and in the best interest of all present and future owners of
the Property that the Property be held subject to certain restrictions, all of which are more
particularly hereinafter set forth. In the remaining paragraphs, all references to "GRANTOR" and
"FDEP" shall also mean and refer to their respective successors and assigns.
NOW, THEREFORE, to induce FDEP to enter the PCPP Agreement and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged by each of the
undersigned parties, GRANTOR agrees as follows:
1. The foregoing recitals are true and correct and are incorporated herein by reference.
2. GRANTOR hereby imposes the following restrictions and requirements:
GROUNDWATER USE RESTRICTIONS.
Wells. There shall be no drilling for water conducted on the Property, nor shall any wells be installed
on the Property, other than monitoring or other wells pre -approved in writing by FDEP's Division of
Waste Management (FDEP DWM), in addition to any authorizations required by the Division of Water
Resource Management and the Florida Water Management Districts. If an existing well is located at
the Property, it is understood that the contamination at the site may pose a risk to this well and use of
the well may pose a risk of exposure from the contamination.
Stormwater. If stormwater features must be constructed, modified, altered or expanded, a plan
signed and sealed by a Florida -registered professional engineer, or a Florida -registered professional
geologist must be submitted to DEP's DWM in addition to any authorizations required by the
DWRM and the WMD. The plan must include the feature location, construction and design
specifications relative to known areas of soil and groundwater contamination, and a technical
evaluation (including calculations, fate and transport modeling, as applicable) to demonstrate that
the new stormwater facilities will not cause the migration of contamination. The plan shall also
outline the procedures for proper characterization, handling and disposal of any contaminated
media that may be encountered during construction. DEP's DWM will keep the plan in the site file
as documentation of site conditions and will rely on this professional certification for
demonstrating compliance with this restriction.
Dewatering. For any dewatering activities, a plan signed and sealed by a Florida -registered
professional engineer or Florida -registered professional geologist that ensures the appropriate
handling, treatment, and disposal of any extracted groundwater that may be contaminated must be
submitted to FDEP's DWM. FDEP DWM will keep the plan in the site file as documentation of site
conditions and will rely on this professional certification. In addition, other federal, state, or local
permits, laws and regulations may apply to this activity. A copy of all permits obtained for the
implementation of dewatering must be provided along with the plan submitted to FDEP's DWM.
SOIL RESTRICTIONS. Soil contamination may exist on the Property, therefore, to reduce the risk of
exposure to those using the property, the owner shall ensure that following uses of the property are
limited including: residential, recreational, gardening, or other uses that may expose people to
contaminated soil. Grantor needs to ensure that the Property is used appropriately considering this
risk.
3. For the purpose of monitoring the restrictions contained herein, FDEP is granted a right of entry
upon, over and through and access to the Property at reasonable times and notice to GRANTOR.
4. It is the intention of GRANTOR that this Declaration shall touch and concern the Property, run with
the land and with the title to the Property, and shall apply to and be binding upon and inure to the
www.floridadep.gov
Page 2 of 5 PCPP InterimRestrictiveCovenant 062424
benefit of GRANTOR and FDEP, and to any and all parties hereafter having any right, title or interest in
the Property or any part thereof. FDEP may enforce the terms and conditions of this Declaration by
injunctive relief and other appropriate available legal remedies. Any forbearance on behalf of FDEP to
exercise its right in the event of the failure of GRANTOR to comply with the provisions of this
Declaration shall not be deemed or construed to be a waiver of FDEP's rights hereunder.
5. This Declaration shall continue in perpetuity, unless otherwise modified in writing by GRANTOR and
FDEP as provided in paragraph 7 hereof. These restrictions may also be enforced in a court of
competent jurisdiction by any other person, firm, corporation, or governmental agency that is
substantially benefited by these restrictions. If GRANTOR does not or will not be able to comply with
any or all of the provisions of this Declaration, GRANTOR shall notify FDEP in writing within three (3)
calendar days. Additionally, GRANTOR shall notify FDEP thirty (30) days prior to any conveyance or
sale, granting or transferring the Property or portion thereof, to any heirs, successors, assigns or
grantees, including, without limitation, the conveyance of any security interest in said Property.
6. In order to ensure the perpetual nature of this Declaration, the FDEP shall record this declaration,
and GRANTOR shall reference these specific restrictions in any subsequent lease or deed of
conveyance, including the recording book and page of record of this Declaration. Furthermore, prior
to the entry into a landlord -tenant relationship with respect to the Property, GRANTOR agrees to
notify in writing all proposed tenants of the Property of the existence and contents of this
Declaration of Restrictive Covenant.
7. This Declaration is binding until a release of covenant is executed by the FDEP Secretary (or
designee) and is recorded in the public records of the county in which the land is located. To receive
prior approval from FDEP to remove any requirement herein, cleanup target levels established
pursuant to Florida Statutes and FDEP rules must be achieved. This Declaration may be modified in
writing only. Any subsequent amendment must be executed by both GRANTOR and FDEP and be
recorded by GRANTOR as an amendment hereto.
8. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, the
invalidity of that provision shall not affect the validity of any other provisions of the Declaration. All
such other provisions shall continue unimpaired in full force and effect.
9. GRANTOR covenants and represents that on the date of execution of this Declaration that
GRANTOR is seized of the Property in fee simple and has good right to create, establish, and impose
this restrictive covenant on the use of the Property. GRANTOR also covenants and warrants that the
Property is free and clear of any and all liens, mortgages, or encumbrances that could impair
GRANTOR'S rights to impose the restrictive covenant described in this Declaration.
ATTACH AS EXHIBIT 1 THE CURRENT DEED TO PROPERTY
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, (Grantor) has executed this instrument,
this day of , 20_
GRANTOR Print Name: ARTHUR NORIEGA V
Signature
Print or Type Company Name & title (if applicable): CITY OF MIAMI, FL
Print or Type Full Mailing Address: 444 SW 2nd Ave
Miami, FL, 33130
Signed, sealed and delivered in the presence of:
Witness Signature
Print Name:
Witness's mailing address:
Date:
Date:
Witness Signature
Print Name:
Witness's mailing address:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of physical presence or
online notarization, this_ day of , 20 , by
or by
as for
Personally Known OR Produced Identification
Type of Identification Produced
0
Signature of Notary Public
Print Name of Notary Public
Commission No.
Commission Expires:
www.floridadep.gov Page 4 of 5 PCPP InterimRestrictiveCovenant 062424
IN WITNESS WHEREOF, the Florida Department of Environmental Protection has executed this
instrument, this day of , 20 .
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Signature
Name: Natasha Lampkin
Title: Program Administrator
Petroleum Restoration Program
2600 Blair Stone Road, Mail Station 4545
Tallahassee, Florida 32399-2400
Signed, sealed and delivered in the presence of:
Witness Signature:
Print Name:
Witness's mailing address:
Date:
Witness Signature:
Print Name:
Witness's mailing address:
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me by means of physical presence or
} online notarization, this day of , 20_, by
as representative for the Florida Department of Environmental Protection.
Personally Known 0 OR Produced Identification .
Type of Identification Produced
Signature of Notary Public
Print Name of Notary Public
Commission No.
Commission Expires:
www.floridadep.gov Page 5 of 5 PCPP InterimRestrictiveCovenant 062424
EXHIBIT "1"
7/21/25, 2:24 PM
6
A _d``t i.
si•�`- y`-.;fie
This deed t . ,•_ , .N
made thi �v 1it$h rdoy of Fob awry
i?AI)E CQUNTY, I+LORIDA, party;. of .. he. ixst .part, end T1H C `.`
• 't' y
F 9IAttI, a t;uniclpeel C iirpora4iotx of ttie+. State'of
oaf 'ttio= Second- part.,
:'•
ifrz.T.N:s:.sE Ht-
That- the said partyof this first -part -far and in con
sic erati,cin of the su.m Of One • Doliar (: i..(0) - and other Load and •
Valuable Considerations to •.t in hand paid by the may cif the
aeci nd • part, receipt whereof is hereby, acknowledged, has granted,..
• har.galaed ::and sold to tha:.par.ty of the second 'part., its successors
and as igne forever the following described land lying and kaing
in Fade County, F1oride:
• The Northwest "4umrtor (NW+) of the' Hartbeest
Quarter. (NC+) of the Northwest •tuarter (NW()
of Section 35, Township 53 Souttti • ltange
East, 1,1iat i, Dade County, Florida,. leafs the,
1) north 1 fret thereof, containing 10.09 acres
more or lens
IN :t1'i'!ESS WitEn 01 the said party of the first part
has caused tlia;ie presents to be executed in ,f is name by its
• 1'•oard of County Commts3ltcners, acting by the Chairman or :said
-card, the day and year aforesaid.
DttDE COUNTY FLOIAIDA
3y its heard of CountyCosuaissianers
By
itg Chsr main
term T t
E . it . Li,A'. ig.3it$AN
Clerk of the C.ircujt Court ttnd..
lax-Officio Cleric of thaulioard of
County Commissioners
(yf`C''' �t,ilekL t`dEAL)
j.�f'tr;"via as iu term
«ry� x1%.
https://onlineservices.miamidadeclerk.gov/officialrecords/recordpage?qs=oeO074bjpUwO7xNTrUVLcikhO4rkHgAgE9HQ41cIc4OwwvXSAHHDn87k3G... 1/1