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HomeMy WebLinkAboutAgenda Item Summary FormDate: 12/19/2018 AGENDA ITEM SUMMARY FORM File ID: #5277 Commission Meeting Date: 01/24/2019 Requesting Department: Office of Capital Improvements Sponsored By: District Impacted: District 2 Type: Resolution Subject: Restrictive Covenant - Mangroves at the Marine Stadium Purpose of Item: Resolution authorizing the City Manager to execute a restrictive covenant running with the land in favor of Miami -Dade County for the planting of Mangroves in the designated Mitigation Area in accordance with Class I Permit Application Number CLI -2016-0388 at the Marine Stadium property. Background of Item: In response to the 2016 Consent Agreement between Miami -Dade County ("County") Department of Regulatory and Economic Resources, Division of Environmental Resources Management and the City of Miami ("City"), the City is required to redress violations of Chapter 24, County Code. To comply with the correction actions set forth in the Consent Agreement, the City is required to apply for a Class I Permit and record a restrictive covenant running with the land ("Restrictive Covenant") in favor of the County, for the planting of Mangroves in a designated Mitigation Area at the Miami Marine Stadium, in connection with Capital Project 40-1340668. The Mangroves are not to be disturbed or removed for the life of the Restrictive Covenant. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: N/A Reviewed By Office of Capital Improvements Steven Williamson Office of Management and Budget Yvette Smith Office of Management and Budget Christopher M Rose City Manager's Office Nzeribe Ihekwaba City Manager's Office Nikolas Pascual Legislative Division Valentin J Alvarez Office of the City Attorney Pablo Velez Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Department Head Review Completed 12/19/2018 5:39 PM Budget Analyst Review Completed 01/03/2019 10:52 AM Budget Review Completed 01/10/2019 11:43 AM Assistant City Manager Review Completed 01/11/2019 1:04 PM City Manager Review Completed 01/11/2019 6:54 PM Legislative Division Review Completed 01/14/2019 9:00 AM ACA Review Completed 01/14/2019 11:36 AM Deputy City Attorney Review Completed 01/14/2019 1:49 PM Approved Form and Correctness Completed 01/14/2019 5:29 PM Meeting Completed 01/24/2019 9:00 AM Signed by the Mayor Completed 02/04/2019 4:51 PM Signed and Attested by the City Clerk Completed 02/04/2019 5:29 PM Rendered Completed 02/04/2019 5:29 PM File Number: 5277 City of Miami Legislation Resolution Enactment Number: R-19-0035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:1/24/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY, FLORIDA ("COUNTY") PURSUANT TO A 2016 CONSENT AGREEMENT BETWEEN THE COUNTY AND THE CITY OF MIAMI ("CITY"), IN SUBSTANTIALLY THE ATTACHED FORM ("RESTRICTIVE COVENANT"), AS PART OF THE CITY'S REQUISITE APPROVAL FROM THE COUNTY'S DEPARTMENT OF REGULATORY AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT, FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") PROJECT NO. 40-1340668, MIAMI MARINE STADIUM, CONCERNING THE PLANTING OF MANGROVES IN A DESIGNATED "MITIGATION AREA" FOR PRESERVATION AND MANAGEMENT AT THE MIAMI MARINE STADIUM ("PROPERTY") IN ACCORDANCE WITH THE CONDITIONS OF CLASS I PERMIT NO. CLI -2016-0388. WHEREAS, the City of Miami ("City") is the owner of certain real property located at 3501 Rickenbacker Causeway, Miami, Florida, known as the Miami Marine Stadium ("Property"); and WHEREAS, the City wishes to plant mangroves on the Property in connection with the City's Office of Capital Improvements ("OCI") Project No. 40-B40668, Miami Marine Stadium; and WHEREAS, pursuant to a 2016 Consent Agreement between Miami -Dade County ("County") and the City ("Consent Agreement"), the County's Department of Regulatory and Economic Resources, Division of Environmental Resources Management ("DERM"), requires that the City record a Restrictive Covenant Running with the Land in favor of the County ("Restrictive Covenant") for portions of the Property to be planted with mangroves in a designated "mitigation area" for preservation and management at the Property in accordance with the conditions of Class I Permit No. CLI -2016-0388; and WHEREAS, the City agrees to the provisions as described in the Restrictive Covenant, in substantially the attached form; 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. Section 2. Pursuant to the Consent Agreement, the City Manager is authorized' to execute a Restrictive Covenant, in substantially the attached form, as part of the City's requisite 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 City Code provisions. approval from the County's DERM for the City's OCI Project No. 40-640668, Miami Marine Stadium, concerning the planting of mangroves in a designated "mitigation area" for preservation and management at the Property in accordance with the conditions of Class I Permit No. CLI -2016-0388. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 Una ndez, City At#or ey 1/1412019 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.