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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorney s/Geo K. wyson -Irr DATE: April 3, 2025 RE: Resolution No. R-25-0075 — International Boat Show. File No. 17261 Execute — Modified Covenant — Miami At its March 13, 2025, meeting, the City Commission adopted the above -referenced agenda item, CA.8, authorizing the City Manager to execute a Modified And Restated Restrictive Covenant Running With The Land in favor of Miami -Dade County, in a form acceptable to the City Attorney, that amends that certain Covenant recorded in the public records at Book 26641, Pages 4960-4978 ("Covenant") 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. The Legislation contained a scrivener's error regarding the effective date as well as surplusage in that title that was removed. The Legislation has been corrected and incremented to Revision A. GKW/JB/vja Enclosure(s) Ls tt. CFI 2C1 7474 ril iao Eccm2Aer's EYuV✓lQwo 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. 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 Publid' A' 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 CO31nty Class I Permit application number CC06-259 and variance request; and t;,,,"",;,3 crt 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 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 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17261 Final Action Date: 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 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. 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 OFt MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution ar" rM hereby adopted by reference thereto and incorporated herein as if fully set forth in thp,Section. Section 2. Pursuant to City Charter, the City Manager is hereby authorized' t; 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 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 and 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.