Loading...
HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Resolution R-25-0075 Legislation 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. CFI u �fl WHEREAS, in 2006, the City of Miami ("City") proffered a Restrictive Covenant Running ' S with the Land in Favor of Miami -Dade County ("County"), which was recorded in the Public' A' Records on November 6, 2008 at Book 26641, Pages 4960-4978 ("Covenant"), pursuant to ,.1 Section 24-48.2 of the Code of Miami -Dade County and in connection with Miami -Dade CQ 1nty Class I Permit application number CC06-259 and variance request; and -way :: CI cn 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 authorized' 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 City of Miami Page 1 of 2 File ID: 17261 (Revision: A) Printed On: 4/4/2025 17261 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17261 Enactment Number: R-25-0075 Section 3. The City Manager is hereby authorized' 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: Wy ng III, C y • tor 3/4/2025 e• ge . Wy j ng III, C1ty or -y 4/3/2025 imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 17261 (Revision: A) Printed on: 4/4/2025 SUBSTITUTED City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 17261 Final Actio 'ate: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE C MANAGER TO EXECUTE A MODIFIED AND RESTATED RESTRICTIVE CENANT RUNNING WITH THE LAND ("MODIFIED COVENANT") IN FAVOR OF M MI-DADE COUNTY ("COUNTY"), IN A FORM ACCEPTABLE TO THE CITY ATT• ' NEY, THE CITY OF MIAMI ("CITY") PROFFERED A RESTRICTIVE COVENANT ' UNNING WITH THE LAND IN FAVOR OF THE COUNTY, WHICH WAS RECORDE% IN THE PUBLIC RECORDS ON NOVEMBER 6, 2008 AT BOOK 26641, PAGES 4 • •0-4978 ("COVENANT"); THE CITY WISHES TO MODIFY THE COVEN T SO THAT ALL OF THE PRIOR RESTRICTIONS SHALL REMAIN IN PLACE, E ' PT DURING A TEMPORARY, ANNUAL BOAT SHOW, AS PROVIDED MO SPECIFICALLY IN THE MODIFIED COVENANT; FURTHER AUTHORIZING THE ' TY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCU ENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID MO'- FIED COVENANT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY sE NECESSARY TO EFFECTUATE THIS TRANSACTION. WHEREAS, in 2006, the City of Miami ("Ci proffered a Restrictive Covenant Running with the Land in Favor of Miami -Dade County (" • unty"), which was recorded in the Public Records on November 6, 2008 at Book 26641 ages 4960-4978 ("Covenant"), pursuant to Section 24-48.2 of the Code of Miami -Dade ' ounty and in connection with Miami -Dade County Class I Permit application number CC06-2 - • and variance request; and WHEREAS, the City wishes to odify the Covenant by way of a Modified And Restated Restrictive Covenant Running With e Land ("Modified Covenant"), so that all of the prior restrictions shall remain in place, = cept during a temporary, annual boat show, as provided more specifically in the Modified ovenant; and WHEREAS, this Mo•• ied Covenant in favor of the County is being proffered by, the City, pursuant to section 24-48. II)(B)(10)(c) of the Code of Miami -Dade County, in connection with the County Division of ironmental Resources Management ("DERM") Class I Permit application number C 2024-0248; NOW, TH MIAMI, FLORID EFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OFi Sect -n 1. The recitals and findings contained in the Preamble to this Resolution are hereby ad- •ted by reference thereto and incorporated herein as if fully set forth in th48,Section. Gn C.x) ection 2. Pursuant to City Charter, the City Manager is hereby authorized' to execute the odified 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. SUBSTITUTED Section 3. The City Manager is hereby authorized' 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 an signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.