Miami-Dade Legislative Item
File Number: 081410
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File Number: 081410 File Type: Resolution Status: Adopted
Version: 0 Reference: R-580-08 Control: Board of County Commissioners
File Name: ACCEPTANCE OF RESTRICTIVE COVENANT RUNNING WITH THE LAND Introduced: 5/5/2008
Requester: Department of Environmental Resources Management Cost: Final Action: 5/20/2008
Agenda Date: 5/20/2008 Agenda Item Number: 8D1A
Notes: kd Title: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 600 NW 7 AVENUE, MIAMI, MIAMI-DADE COUNTY, FLORIDA
Indexes: RESTRICTIVE COVENANT
Sponsors: NONE
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 5/20/2008 8D1A Adopted P

Governmental Operations and Environment Committee 5/13/2008 2K Forwarded to BCC with a favorable recommendation P
REPORT: The foregoing proposed resolution was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Hearing no comments or questions, the Committee proceeded to vote on the foregoing proposed resolution as presented. NOTE: Chairwoman Seijas submitted a memorandum dated May 13, 2008, requesting the Board of County Commissioner (BCC) Chairman Barreiro waive the Committee rules and procedures and allow the foregoing resolution to be forwarded to the May 20th BCC meeting for consideration.

County Attorney 5/5/2008 Assigned Peter S. Tell 5/5/2008

County Manager 5/5/2008 Referred Governmental Operations and Environment Committee 5/13/2008

County Manager 5/5/2008 Assigned County Attorney 6/3/2008
REPORT: DERM - GOE 5/13/2008 - Att's: Att's. A thru C

County Manager 5/5/2008 Assigned Alex Munoz 4/28/2008 5/2/2008

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A RESTRICTIVE COVENANT RUNNING WITH THE LAND IN FAVOR OF MIAMI-DADE COUNTY FOR THE PROPERTY LOCATED AT 600 NW 7 AVENUE, MIAMI, MIAMI-DADE COUNTY, FLORIDA.

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference; and

WHEREAS, the attached Restrictive Covenant Running With the Land in Favor of Miami-Dade County for the parcel described as Folio #01-3135-027-1400, located at 600 NW 7 Avenue, Miami, Miami-Dade County, Florida, has been submitted pursuant to Section 24-48.2(I)(B)(2)(b) of the Code of Miami-Dade County; and

WHEREAS, the attached restrictive covenant has been executed and is being proffered to this Board for approval, as indicated in the Manager’s memorandum, a copy of which is attached hereto and incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby approves the attached Restrictive Covenant Running With the Land in Favor of Miami-Dade County by Alimar at the River, Inc., and their recording into the Public Records of Miami-Dade County, at the expense of the applicant.

HEADER
Date: June 3, 2008

To: Honorable Chairman Bruno A. Barreiro and Members,
Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Resolution Authorizing the Acceptance of a Restrictive Covenant Running With the Land
in Favor of Miami-Dade County for the Property Located at 600 NW 7 Avenue, Miami, Florida

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board approve the attached resolution authorizing the acceptance of a Restrictive Covenant Running With the Land in Favor of Miami-Dade County.

Scope
The subject property is located at 600 NW 7 Avenue, Miami, in Commission District 3.

Fiscal Impact/Funding Source
Not Applicable

Track Record/Monitor
Not Applicable

MANAGER'S BACKGROUND
Background
The proposed Restrictive Covenant Running With the Land in Favor of Miami-Dade County (Attachment A) will replace the two existing restrictive covenants that are currently in effect for the property operating as a boat repair facility located at 600 NW 7 Avenue, Miami. The proposed restrictive covenant will allow for the transfer of boats between the water and the uplands area of the subject property.

On December 13, 1994, the Miami-Dade County Board of County Commissioners approved Resolution No. R-1890-94 (Attachment B) for the issuance of Class I Permit CC94-196. The approval included acceptance of a Restrictive Covenant Running With the Land in Favor of Miami-Dade County which restricted the number of vessels arriving by water that may be stored at the subject property to a maximum of ten (10) vessels at any one time, and only allows vessels that arrive by water to be in the portion of the property identified as the “wet work area”. This condition was required for consistency with manatee protection guidelines and to allow the facility to have an unrestricted number of boats arrive and leave by land. These conditions were included in the Class I Permit and the Marine Facilities Annual Operating Permit for this site. Subsequent to these approvals, the former facility operator failed to comply with conditions of their Class I Permit, their Marine Facilities Operating Permit, and conditions of the restrictive covenant. Specifically, violations included Class I work conducted without the required permits, regular exceedances of the maximum allowed number of powerboats at the property, failure to maintain the required physical barrier between the “wet work area” and “dry work areas”, and the transfer of boats from the “dry work area” to the “wet work area” of the property. Due to these ongoing violations at the site, DERM undertook enforcement action which resulted in a Court-approved Stipulation and Settlement Agreement. The Settlement Agreement required the execution of an additional restrictive covenant recorded on October 17, 2001, (Attachment C) further restricting the subject property such that no transfer of boats between the water and the uplands would be allowed.

The subject property is now under new ownership and the facility is being operated as a boat repair facility with all necessary Class I Permits and a valid Marine Facilities Annual Operating Permit. The new owner has demonstrated a willingness to operate the facility in compliance with all conditions of the
permits, but has requested that they be allowed to transfer boats between the water and the upland property to facilitate vessel repairs.

The new owner has agreed to install and maintain a sufficient barrier to isolate the “wet work area” from the remainder of the property (“dry work area”), to comply with limitations on the maximum number of boats allowed in the wet work area, and to restrict the “wet work area” to only those boats that arrive by water. If approved, the proposed restrictive covenant would supersede the two previous restrictive covenants, but would maintain important elements of the original authorization. The proposed restrictive covenant maintains the existing limit on the total number of boats that may be moored or secured along the shoreline and within the “wet work area” of the property to ten (10) powerboats, and continues to restrict vessels authorized in the “wet work” area to only those vessels that arrive by water. No boats that arrive by land shall be transferred to the water from this property. However, the proposed restrictive covenant will allow for the transfer of boats between the waterway and that portion of the upland property identified as the “wet work area”. This change will allow the site to more effectively operate as a vessel repair facility.

The required permanent barrier has already been constructed, and Alimar at the River, Inc. has executed the attached restrictive covenant. DERM recommends the approval of the attached Restrictive Covenant Running With the Land in Favor of Miami-Dade County.



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