HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #17261
Date: 02/18/2025
Commission Meeting Date: 03/13/2025
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 2
Type: Resolution
Subject: Execute - Modified Covenant - Miami International Boat Show
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a Modified and Restated Restrictive Covenant Running with the
Land ("Modified Covenant") in favor of Miami -Dade county ("County"), in a form
acceptable to the City Attorney, the City of Miami ("City") proffered a Restrictive
Covenant Running with the Land in favor of the County, which was recorded in the
Public Records on November 6, 2008 at Book 26641, Pages 4960-4978 ("Covenant");
the City wishes to Modify the Covenant so that all of the prior restrictions shall remain in
place, except during a temporary, annual boat show, as provided more specifically in
the Modified Covenant; further authorizing the City Manager to negotiate and execute
all necessary documents, including amendments and modifications to said modified
covenant, in a form acceptable to the City Attorney, as may be necessary to effectuate
this transaction.
Background of Item:
In 2006, the City of Miami ("City") proffered a Restrictive Covenant Running with the
Land in Favor of Miami -Dade County ("County"), which was recorded in the Public
Records on November 6, 2008 at Book 26641, Pages 4960-4978 ("Covenant"),
pursuant to Section 24-48.2 of the Code of Miami -Dade County and in connection with
Miami -Dade County Class I Permit application number CC06-259 and variance request.
The City of Miami wishes to modify the Covenant by way of a Modified And Restated
Restrictive Covenant Running With The Land ("Modified Covenant"), so that all of the
prior restrictions shall remain in place, except during a temporary, annual boat show, as
provided more specifically in the Modified Covenant. This Modified Covenant in favor of
the County is being proffered by the City, pursuant to section 24-48.2(II)(B)(10)(c) of the
Code of Miami -Dade County, in connection with the County Division of Environmental
Resources Management (DERM) Class I Permit application number CLI-2024-0248.
Budget Impact Analysis
Item is NOT Related to Revenue
Total Fiscal Impact:
N/A
Department of Real Estate
Review Completed
Office of Management and
Office of Management and
City Manager's Office
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Legislative Division
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Reviewed B
and Asset Management
02/18/2025 12:15 PM
Budget Pedro Lacret
Budget Marie Gouin
Larry M. Spring
Natasha Colebrook -Williams
Valentin J Alvarez
Arthur Noriega V
James Brako
George K. Wysong III
Maricarmen Lopez
Valentin J Alvarez
James Brako
George K. Wysong III
City Clerk's Office
Andrew Frey
Budget Analyst Review
Budget Review
Assistant City Manager
Deputy City Manager Review
Legislative Division Review
City Manager Review
ACA Review
Approved Form and Correctness
Meeting
Legislative Division Review
ACA Review
Approved Form and Correctness
Rendered
Department Head
Completed 02/19/2025 2:34 PM
Completed 02/19/2025 2:59 PM
Completed 02/28/2025 3:04 PM
Completed 03/04/2025 10:15 AM
Completed 03/04/2025 11:19 AM
Completed 03/04/2025 11:46 AM
Completed 03/04/2025 4:14 PM
Completed 03/04/2025 4:31 PM
Completed 03/13/2025 9:00 AM
Completed 04/03/2025 4:35 PM
Completed 04/03/2025 5:14 PM
Completed 04/03/2025 5:38 PM
Completed 04/04/2025 12:52 PM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0075
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17261 Final Action Date:3/13/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MODIFIED AND RESTATED RESTRICTIVE COVENANT
RUNNING WITH THE LAND ("MODIFIED COVENANT") IN FAVOR OF MIAMI-DADE
COUNTY ("COUNTY"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; THE
MODIFIED COVENANT AMENDS THAT CERTAIN COVENANT RECORDED IN THE
PUBLIC RECORDS AT BOOK 26641, PAGES 4960-4978 ("COVENANT"); THE CITY
DESIRES TO MODIFY THE COVENANT SO THAT ALL OF THE PRIOR
RESTRICTIONS SHALL REMAIN IN PLACE, EXCEPT DURING A TEMPORARY,
ANNUAL BOAT SHOW, AS PROVIDED MORE SPECIFICALLY IN THE MODIFIED
COVENANT; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND
MODIFICATIONS TO SAID MODIFIED COVENANT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THIS
TRANSACTION.
WHEREAS, in 2006, the City of Miami ("City") proffered a Restrictive Covenant Running
with the Land in Favor of Miami -Dade County ("County"), which was recorded in the Public
Records on November 6, 2008 at Book 26641, Pages 4960-4978 ("Covenant"), pursuant to
Section 24-48.2 of the Code of Miami -Dade County and in connection with Miami -Dade County
Class I Permit application number CC06-259 and variance request; and
WHEREAS, the City wishes to modify the Covenant by way of a Modified And Restated
Restrictive Covenant Running With The Land ("Modified Covenant"), so that all of the prior
restrictions shall remain in place, except during a temporary, annual boat show, as provided
more specifically in the Modified Covenant; and
WHEREAS, this Modified Covenant in favor of the County is being proffered by the City,
pursuant to section 24-48.2(II)(B)(10)(c) of the Code of Miami -Dade County, in connection with
the County Division of Environmental Resources Management ("DERM") Class I Permit
application number CLI-2024-0248;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Pursuant to City Charter, the City Manager is hereby authorized1 to execute
the Modified Covenant, in a form acceptable to the City Attorney, in favor of the County.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Section 3. The City Manager is hereby authorized1 to negotiate and execute all
necessary documents, including amendments and modifications to said easement agreement,
in a form acceptable to the city attorney, as may be necessary to effectuate this transaction.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
3/4/2025 4/3/2025