Execute modified restrictive covenant for Miami International Boat Show

AGENDA ITEM SUMMARY FORM File ID: #17261 Date: 02/18/2025 Requesting Department: Department of Real Estate and Asset Management Commission Meeting Date: 03/13/2025 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 Reviewed By Department of Real Estate and Asset Management Andrew Frey Department Head Review Completed 02/18/2025 12:15 PM Office of Management and Budget Pedro Lacret Budget Analyst Review Completed 02/19/2025 2:34 PM Office of Management and Budget Marie Gouin Budget Review Completed 02/19/2025 2:59 PM City Manager’s Office Larry M. Spring Assistant City Manager Completed 02/28/2025 3:04 PM City Manager’s Office Natasha Colebrook-Williams Deputy City Manager Review Completed 03/04/2025 10:15 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 03/04/2025 11:19 AM City Manager’s Office Arthur Noriega V City Manager Review Completed 03/04/2025 11:46 AM Office of the City Attorney James Brako ACA Review Completed 03/04/2025 4:14 PM Office of the City Attorney George K. Wysong III Approved Form and Correctness Completed 03/04/2025 4:31 PM City Commission Todd B. Hannon Meeting Pending 03/13/2025 9:00 AM City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution 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 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 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.