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HomeMy WebLinkAboutAgenda Item Summary Form",A1' UF..4y AGENDA ITEM SUMMARY FORM File ID: #1194 Date: 10/17/2016 Requesting Department: Office of Capital Improvements Commission Meeting Date: 12/08/2016 Sponsored By: District Impacted: District 3 Type: Resolution Subject: 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 NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Reviewed By Office of Capital Improvements Jeovanny Rodriguez Office of Management and Budget Yvette Smith Office of Management and Budget Christopher M Rose City Manager's Office Alberto N. Parjus Office of the City Attorney Valentin J Alvarez City Manager's Office Daniel J. Alfonso Office of the City Attorney Valentin J Alvarez Office of the City Attorney Victoria M6ndez City Commission Nicole Ewan City Commission Nicole Ewan Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 10/27/2016 4:42 PM Budget Analyst Review Completed 11/01/2016 12:34 PM Budger Review Completed 11/03/2016 11:45 AM Assistant City Manager Review Completed 11/03/2016 12:22 PM Legislative Division Review Completed 11/04/2016 10:33 AM City Manager Review Completed 11/04/2016 5:28 PM Deputy City Attorney Review Skipped 11/07/2016 2:00 PM Approved as to Form and Correctness Completed Meeting Completed 11/17/2016 9:00 AM Meeting Completed 12/08/2016 9:00 AM Signed by the Mayor Completed 12/16/2016 4:15 PM Signed and Attested by the City Clerk Completed 12/16/2016 4:46 PM 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. -,IV ov . City of Miami City Hall isS ill it A4to �. � „ ,a Legislation 3500 Pan American Drive r Miami, FL 33133 �—R � _- Resolution www.miamigov.com Enactment Number: R-16-0613 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: &ina4M�dez,Ay 11/7/2016 ' 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.