HomeMy WebLinkAboutR-16-0613City of Miami
Legislation
Resolution: R-16-0613
File Number: 1194
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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.
City of Miami Page 1 of 2 File ID: 1194 (Revision: A) Printed On: 6/26/2018
File ID: 1194
Enactment Number: R-16-0613
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:
1
"ia dez, City Attor ley 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.
City of Miami Page 2 of 2 File ID: 1194 (Revision: A) Printed on: 6/26/2018