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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.cLmiami.tlws
File Number: 05-00891
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING
WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE
FOR: 1) LIMITATIONS ON THE USE OF THE LAND AS AN OUTDOOR
RECREATION AREA FOR USE BY THE GENERAL PUBLIC IN PERPETUITY; AND
2) PENALTIES FOR USE OF THE LAND IN A MANNER INCONSISTENT WITH AN
OUTDOOR RECREATION AREA FOR USE BY THE GENERAL PUBLIC; WITH
TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
COVENANT.
WHEREAS, the City of Miami ("City") is the owner of certain real property located at 1101
MacArthur Causeway, Miami, Florida, commonly known as the Ichimura Miami -Japan Garden; and
WHEREAS, Resolution No. 02-961, adopted September 11, 2002, authorized the City Manager to
execute an Agreement in the amount of $200,000, with the Florida Department of Environmental
Protection ("DEP") under the Recreational Development Assistance Program ("FRDAP") Grant for the
construction of an interpretive nature trail at the Ichimura Miami -Japan Garden on Watson Island; and
WHEREAS, one of the requirements of said Agreement is that the land which is developed with
FRDAP Grant funds shall be dedicated in perpetuity as an outdoor recreation site for the use and
benefit of the public; and
WHEREAS, construction of the interpretive nature trail is complete; and
WHEREAS, in order to verify project completion and release the final grant reimbursement, DEP
requires certification that a limitation of use has been filed as a permanent part of public property
records in the Miami -Dade County courthouse; and
WHEREAS, execution of the attached Covenant to run with the land will satisfy DEP's requirement
by placing limitations on the project area; and
WHEREAS, this Covenant shall remain in full force and effect in perpetuity;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
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(1) to execute a Covenant Running with the Land, in
substantially the attached form, to provide for: 1) limitations on the use of the land as an outdoor
recreation area for use by the general public in perpetuity; and 2) penalties for use of the land in a
City of Miami Page 1 of 2 Printed On: 8/17/2005
File Number: 05-00891
manner inconsistent with an outdoor recreation area for use by the general public, with terms and
conditions as more particularly set forth in said Covenant.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVE i A;TO FORM AND CORESS'
NANDEZ
CITY/A O EY
Footnotes:
{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.
City of Miami Page 2 of 2 Printed On: 8/17/2005