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ICPG Section C.3

A Memorandum of Understanding (MOU) or Memorandum of Agreement (MOA) is a written agreement to facilitate a cooperative relationship between Florida Department of Environmental Protection (FDEP) and a second party for site rehabilitation completion. MOUs and MOAs may allow contamination to remain in certain circumstances as set forth therein without the recordation of a restrictive covenant on the affected property in the public records of the county. Closure in reliance on the MOUs or MOAs require additional actions by both the FDEP and the Person Responsible for Site Rehabilitation (PRSR) that are set forth in the respective MOU/MOA. Currently, FDEP has entered into an MOU with Florida Department of Transportation (FDOT), several Florida Seaports, Fort Lauderdale International Airport and CSX. In general, these MOUs and MOAs have been with governmental entities or private entities (ports, CSX) with existing robust real property tracking systems that function as the institutional control. This approach is useful to these large property owners because controls for multiple parcels can be made available in a single document (the MOU or MOA). An MOA or MOU is unlikely to provide any significant benefit when being used as a one-time surrogate for a Declaration of Restrictive Covenant because they are administratively far more complex, and may still need to be recorded.

Related Attachments

Executed MOUs and MOAs

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Last Modified:
December 8, 2020 - 10:21am

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