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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01116 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING THE MODIFICATION OF WAGNER SQUARE'S SECOND
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
UNITY OF TITLE, TO REMOVE THE REQUIREMENT OF CITY COMMISSION
APPROVAL FOR AMENDMENTS TO THE DECLARATION OF RESTRICTIVE
COVENANTS IN LIEU OF UNITY OF TITLE , AND EASEMENT AND OPERATING
AGREEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE SECOND
AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF
UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO
EXECUTE ANY ADDITIONAL NECESSARY DOCUMENTS, FOR SAID PURPOSE.
WHEREAS, in order to meet the subdivision of land regulations and have Phase I (First
Residential Tower) of the Wagner Square project meet the time lines of certain Housing and Urban
Development loans and the Brownfields Economic Development Initiatives remediation grant, the
Declaration of Restrictive Covenants in Lieu of Unity of Title ("Covenant") was executed and recorded
by the developer prior to the issuance of the Major Use Special Permit (required for Phase II -
Commercial Building and Phase III - Second Residential Tower); and
WHEREAS, the Covenant has a particular requirement that is not customary or routine in
Covenants namely that any modification or amendment receive prior approval of the City Commission;
and
WHEREAS, the modification, amendment and release of Covenants are generally handled by the
City Administration on an administrative basis and the developer has requested the removal of this
particular clause; and
WHEREAS, the Easement and Operation Agreement ("EOA") deals with common egress and
ingress and common areas and never receive City Commission approval but are always processed
administratively and that manner of processing them is provided for in the applicable regulations and
additionally is a long standing practice; and
WHEREAS, the Department of Community Development and the Office of the City Manager
(Economic Initiatives) concurs with this recommendation and does not think the requirement of City
Commission approval for every modification or amendment to this Covenant is warranted in this
instance;
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 I of 2 Printed On: I0/1/2008
File Number.' 08-01116
Section 2. The modification of Wagner Square's Second Amendment to Declaration of Restrictive
Covenants in Lieu of Unity of Title, to remove the requirement of City Commission approval for
amendments to the. Declaration of Restrictive Covenants in Lieu of Unity of Title, and Easement and
Operating Agreement, is approved.
Section 3. The City Manager is authorized {1 } to accept the Second Amendment to Declaration of
Restrictive Covenants in Lieu of Unity of Title, in substantially the attached form, and to execute any
additional necessary documents, for said purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
APPROVED AS TO FORM AND CORRECTNESSfi�'
JULIE O. BRU
CITY ATTORNEY
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: 10/1/2008