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Detroit Water and Sewerage Department
File #: 2023-189    Version: 1 Name:
Type: Contract, Lease Agreements Status: Passed
In control: Office of the General Counsel
On agenda: 8/16/2023 Final action: 8/16/2023
Title: The Board of Water Commissioners for the City of Detroit, Water and Sewerage Department authorizes the Director to approve a Restrictive Covenant with Rock Parking Company, LLC, and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.
Indexes: Legal Committee
Attachments: 1. 2023-07-07 WCJC Off-Site Lot B - DWSD Restrictive Covenant

Title

The Board of Water Commissioners for the City of Detroit, Water and Sewerage Department authorizes the Director to approve a Restrictive Covenant with Rock Parking Company, LLC, and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.

 

Body

Agenda of August 16, 2023

Item No. 2023-189

Project Length: Indefinite

Amount: N/A

 

TO:                                          The Honorable

                                          Board of Water Commissioners

                                          City of Detroit, Michigan

 

FROM:                           Jacob S. Bahri, Associate General Counsel

                                          Detroit Water and Sewerage Department

 

RE:                                          Approval of Declaration of Restrictive Covenant

 

MOTION

Upon recommendation of General Counsel of the Board of Water Commissioners for the City of Detroit (“the BOWC”), the BOWC authorizes the Director to approve a Restrictive Covenant Agreement with Rock Parking Company, LLC, a Michigan limited liability company, with offices located at 39111 Six Mile Road, Livonia, MI 48152 to ensure that any future modification of the site is consistent with the provisions of the approved Post Construction Stormwater Management Plan and also authorizes the Director to take such other action as may be necessary to accomplish the intent of this vote.

 

BACKGROUND

This restrictive covenant concerns 5560 Rivard St., Detroit, Michigan 48211 (parcel number 05003343-53). DWSD is requesting this restrictive covenant to ensure that the Owner will maintain the stormwater control measures on the property consistent with the provisions of the Post Construction Stormwater Management System Long-Term Maintenance Plan.

 

JUSTIFICATION

Restrictive Covenants are legal instruments recorded with the county register of deeds and are, for DWSD’s purposes, used to impose land use restrictions. Restrictive Covenants inform prospective owners or potential purchasers of the restricted conditions of the property and ensure long-term compliance with the use restrictions that are necessary to maintain stormwater infrastructure.