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HomeMy WebLinkAboutSubmittal - Memo from Planning DepartmentCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega DATE: April 20, 2022 City Manager SUBJECT: April 28, 2022 City Commission Meeting Agenda — PZ. 2 FRW David Snow Interim Director REFERENCES: File Id. No. 11083 (Rezone) Planning Department ENCLOSURES: PZ. 2 — Two Covenant 1941 NW 41 St and 20 NW 42 Street The Planning Department respectfully requests the covenant for the above referenced item be substituted in the April 28, 2022, City Commission meeting agenda. The substitution is due to the applicant's submittal on April 12, 2022 of two covenants instead of one as voluntary proffered on March 10, 2022. At First Reading before City Commission on March 10, 2022, the applicant offered to proffer a restrictive covenant to meet the neighbor's needs, to restrict uses on the property when redeveloped in the future. On March 24, 2022, the item was deferred to allow time for the covenant to be drafted and reviewed. Each site is owned by a different owner, hence the applicant submitted two covenants rather than one as proffered at City Commission. The staff has reviewed the two covenants and provided the following comments: Covenant for the property located at 19 NW 41 Street: 1- Section 2 use delete the word Beverage from Alcohol Service Establishment; 2. Sunbiz shows DLC Capital Management, LLC as Manager, Jamie Mandel is listed as Manager of DLC Capital Management, LLL. unsure how Henry Courtney is involved according to public records; and 3- Correct the Planning Department Signature line to read David Snow, Interim Planning Director Covenant for the property located at 20 NW 42 Street: 1. Section 2 use delete the word Beverage from Alcohol Service Establishment; 2. Inconsistent with the other covenant for 19 NW 41 Street; this one does not contain restrictions for Learning Center and Dormitory uses; 3. Sunbiz shows DLC Capital Management, LLC as Manager, Jamie Mandel is listed as Manager of DLC Capital Management, LLL. I am not sure how Henry Courtney is involved according to public records; and 4- Correct the Planning Department Signature line to read David Snow, Interim Planning Director. C: Victoria Mendez, City Attorney `-'- Nzeribe Ihekwaba, Ph.D, PE, Deputy City Manager Olga Zamora, Chief of Hearing Boards ter, Miriam Santana, Agenda Coordinator tom}'} - _ 51 €v } C) J Ellis 110 13S — ��b.m Iq,,A - -Y,-ro, P\A-Av�_&_V4&4 P-t�,J City of Miami City Hail 3500 Pan American Drive - Ordinance Miami, FL 33133 www.miamigov.com » g Legislation File Number: 11083 Final Action Date., AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING ;CLASSIFICATION FROM 73-1_," SUB -URBAN TRANSECT ZONE - LIMITED, tiT0 "T4-L," GENERAL URBAN TRANSECT ZONE - LIMITED, FOR THE E PROPERTIES LOCATED AT 19 NORTHWEST 41 STREET AND 20 4aRTHWEST 42 STREET AND DENYING THE APPLICATION FOR ZONING Q_ ;CHANGE FROM 74-L," GENERAL URBAN TRANSECT ZONE - LIMITED, TO ``T5-0," URBAN CENTER TRANSECT ZONE - OPEN, FOR THE PROPERTY CJ c LOCATED AT 4136 NORTH MIAMI AVENUE, ALL AS MORE PARTICULARLY w JDE'SCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A `�EVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 19 Northwest 41 Street and 20 Northwest 42 Street, Miami, Florida (collectively, "Parcel A") are currently zoned 73-L," Sub - Urban Transect Zone — Limited; and WHEREAS, the property located at approximately 4136 North Miami Avenue, Miami, Florida ("Parcel B") is currently zoned 74-1_," General Urban Transect Zone — Limited; and WHEREAS, Parcel A and Parcel B (collectively, "Properties") are owned by Perpetual Love 4136, LLC and Courtney Properties, LLC (collectively, "Applicant"); and WHEREAS, the Applicant has submitted a request to change the zoning classification for Parcel A from `73-1_,° Sub -Urban Center Transect Zone — Limited, to 74-L," General Urban Transect Zone — Limited, and for Parcel B from 74-L," General Urban Transect Zone — Limited, to T5-0," Urban Center Transect Zone — Open; and WHEREAS, the Properties are an assemblage of approximately 23,724 square feet or approximately .544-acres and are located along Northwest 41 Street, Northwest 42 Street, and North Miami Avenue; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code") and changed the zoning of Parcel A from "R2," Two -Family Residential, to 73-L," Sub -Urban Transect Zone — Limited, and Parcel B from °R2," Two -Family Residential, to 74-1_," General Urban Transect Zone — Limited; and WHEREAS, the proposed 74-L", General Urban Transect Zone — Limited, for Parcel A is inconsistent with the property's Duplex Residential Future Land Use ("FLU") designation and a Future Land Use Map ("FLUM") amendment is required for the requested rezoning; and City of Miami Page 1 of 4 File ID: 11083 (Revision: A) Printed On: 412212022 File IA: 11083 Enactment Number: WHEREAS, the proposed 75-0", Urban Center Transect Zone — Open, is inconsistent for Parcel B with the property's "Low Density Restricted Commercial" FLU designation and a FLUM amendment is required for the requested rezoning; and WHEREAS, the Applicant has submitted a request for a FLUM amendment, companion item PZ-20-8033, from "Duplex Residential" to "Low Density Restricted Commercial" for Parcel A and from "Low Density Restricted Commercial" to "General Commercial" for Parcel B; and WHEREAS, the Properties abut the Buena Vista East Historic District to the east; and WHEREAS, zoning in the surrounding areas are 73-L", Sub -Urban Transect Zone — Limited, and '74-L", General Urban Transect Zone — Limited, to the north; 74-L", General Urban Transect Zone -- Limited, and '75-0", Urban Center Transect Zone — Open, to the south; "73-0", Sub -Urban Transect Zone — Open, 74-0", General Urban Transect Zone - Open, and "75-0", Urban Center Transect Zone — Open, to the east; and 73-L", Sub -Urban Center Transect Zone — Limited, and 74-L", General Urban Transect Zone -- Limited, to the west of the Property; and WHEREAS, the Planning Department reviewed the application and found that the proposed rezoning from "73-L", Sub -Urban Transect Zone — Limited, to 74-L", General Urban Transect Zone — Limited, is successional and deemed the request appropriate considering the goals and objectives of the Miami 21 Code; and J. WHEREAS, the Planning Department reviewed the application and found that:th-e F; proposed rezoning from 74-L", General Urban Transect Zone — Limited, to 75-0", Urban I~� Center Transect Zone — Open, is successional but inappropriate considering the goalsand C'. objectives of the Miami 21 Code; and WHEREAS, a review of the former Zoning Ordinance No. 11000 shows that Properties were designated `"R-2° Duplex Zoning District, the equivalent of 73-0", Sub-,Urbam Transect Zone — Open (18 DU/AC); and -' WHEREAS, the proposed rezoning of Parcel A from 73-L", Sub -Urban Transect Zone — Limited, to 74-L", General Urban Transect Zone — Limited, increases residential density from 9 dwelling units per acre to 36 dwelling units per acre and increases the maximum number of stories from two (2) to three (3) By Right; and WHEREAS, the proposed rezoning of Parcel B from 'T4-L", General Urban Transect Zone — Limited, to °T5-0", Urban Transect Zone — Open, increases residential density from 36 dwelling units per acre to 65 dwelling units per acre and increases the maximum number of stories from three (3) to five (5) By Right; and WHEREAS, the residential intensity increased by the proposed 74-L," General Urban Transect Zone - Limited, is supported based on the historic development patterns within the neighborhood which are primarily low and medium density residential; and WHEREAS, the residential intensity increased by the proposed '75-0," Urban Center Transect Zone - Open, is not supported based on the historic development patterns within the neighborhood which are primarily low and medium density residential; and WHEREAS, the Applicant was encouraged to conduct community outreach with neighborhood groups, including the Buena Vista East Homeowners Association; and City of Miami Page 2 of 4 Fife ID: 11083 (Revision: A) Printed on: 412212022 File ID: 11083 Enactment Number: WHEREAS, the Planning Department recommends approval for rezoning of Parcel A from °T3-L," Sub -Urban Transect Zone - Limited, to °T4-L," General Urban Transect Zone - Limited, as the application meets the criteria set forth in Article 7, Section 7.1.2.8 of the Miami 21 Code; and WHEREAS, the Planning Department recommends denial of the rezoning for Parcel B from '74-L," General Urban Transect Zone -- Limited, to '75-0," Urban Center Transect Zone - Open, as the application does not meet the criteria set forth in Article 7, Section 7.1.2.8 of the Miami 21 Code; and WHEREAS, the City Commission has considered the need and justification for the proposed rezoning, including changing and changed conditions that make the rezoning necessary; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, the proposed rezoning of Parcel A from "73-L," Sub -Urban Transect Zone - Limited, to "T4-L," General Urban Transect Zone - Limited, is deemed appropriate considering the intent of the Miami 21 Code and particularly in relation to the effects on adjoining properties; and WHEREAS, the proposed rezoning of Parcel B from "T4-L," General Urban Tram-gect T Zane - Limited, to 75-0," Urban Center Transect Zone - Open, is deemed i napp ropriatb considering the intent of the Miami 21 Code and particularly in relation to the effects or�1_ 7' ' 4' adjoining properties; and WHEREAS, the proposed rezoning of Parcel A from "T3-L," Sub -Urban Transect,Zpne ;'_s Limited, to °T4-L," General Urban Transect Zone - Limited, maintains the goals of the Mii ni 21� Code to preserve neighborhoods and provide transitions in Density, Intensity, and building - Height; and WHEREAS, the proposed rezoning of Parcel B from 74-1_," General Urban Transect Zone - Limited, to 75-0," Urban Center Transect Zone - Open, does not maintain the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in Density, Intensity, and building Height; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 17, 2021 following an advertised public hearing, adopted Resolution No. PZAB-R-21- 051 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending denial of the rezoning; NOW, THEREFORE, BE IT ORDAINED 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. The Zoning Atlas of the Miami 21 Code is amended by changing the zoning classification from 73-L," Sub -Urban Transect Zone - Limited, to "T4-L," General Urban Transect Zone - Limited, for Parcel A. City of Miami Page 3 of 4 File ID: 11083 (Revision: A) Printed on. 412212022 File ID: 11083 Enactment Number: Section 3. The City Commission denies the Applicant's request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "74-1_," General Urban Transect Zone -- Limited, to 75-0," Urban Center Transect Zone — Open, for Parcel S. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS r ria ity ttor ey 1/1812022 � r a ril TI d --a T �7 C; C7 `^_l Cn I\a s f rr3 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File ID: 11083 (Revision: A) Printed on: 4/22/2022 Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-1910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 01-3124-020-0860 �,? P; 26 P 11 f2: OFF -ICE tar' 7°" CI - 4:1l Y GL�I;� ! Y OF MIAII1 (Space Above for recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of April, 2022, by Perpetual Love 4I36, LLC, a Delaware limited liability company having offices at 110 Merrick Way, #3A, Coral Gables, Florida 33134 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City") WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 20 NW 42 Street, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner has filed an application with the City requesting to change the Property's zoning classification from T3-L to T4-L (the "Application"); and WHEREAS, the City Commission voted to adopt the Application, following duly noticed public hearings, subject to the restrictions set forth in this Declaration; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 �; P 6 f �- gw�. E t 1 . iU APR 206 P"; !?: 21 0FFI CE OF T = Cry CLU'di running with the land and binding upon the Owner of the Property, and its heirs, t t `s °ll',Ili successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction: Notwithstanding the adoption of the Application and the subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family Residence; (iii) Live — Work; (iv) Bed & Breakfast; (v) Food Service Establishment, not including ancillary cafe uses; (vi) Alcohol Beverage Service Establishment; (vii) Community Facility; (viii) Religious Facility; (ix) Community Support Facility; (x) Infrastructure and Utilities; (xi) Public Parking; and/or (xii) Transit Facility, The preceding capitalized terms shall have the meanings set forth in Miami 21 at the time the Application was adopted (collectively referred to hereinafter as the "Prohibited Uses"). In addition to the Prohibited Uses, the Property shall not be used for any one or more of the following services for any reason(s) whatsoever: (i) fortune teller(s); (ii) express delivery service(s); (iii) funeral homes); (iv) repair service establishment(s); (v) auto -related and/or marine -related establishment(s), (vi) commercial storage facilities; and/or (vii) pawn shop(s) (collectively the "Prohibited Services") 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the ij Deciaration of Restrictive Covenants �; li: Folio No(s): 01-3124-020-1020 OFFICF of-- -<, 11 Y Public Records of Miami -Dade County, Florida. These restr�ct�slll�?tif� `benefit of, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. 5. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City or any resident located within a five -hundred -foot radius of the Property boundaries and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an M R .i Declaration of Restrictive Covenants «� 7 AM 26 Ptl Jet 2 j Folio No(s): 01-3124-020-1020 VI�lY ii election of remedies, nor shall it preclude the party exercising thei;di�fcbrrp�aa+t er ts2ng such other additional rights, remedies or privileges as may be available to it. 7. Amendment. Modification, Release. This instrument may be modified, amended. or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. CounteMarts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 4 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLLOW CD e_v C) [-) t" :4 1 Ct� �a N) � e 5 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 IN WITNESS WHEREON, the undersigned has set his hand and seal this day of April, 2022. Witnessed by: Perpetual Love 4136, L.L.C., a Delaware limited liability company go Name: Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) Henry Courtney, its Manager The foregoing instrument was acknowledged before me, by means of physical presence OR online notarization, this day of , 20� by of . He personally appeared before me, is personally known to me or produced Name: as identification. Notary Public, State of Florida Commission No. My commission expires: ca mm X ? rid N) € CD 6 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-1020 APPROVED AS TO CONTENTS: David R. Snow Planning Interim Director Daniel Goldberg Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney ru. r rR Declaration of Restrictive Covenants Folio No(s): 0I-3124-020-1020 Exhibit "A" Lot 22, BIock 5, of "AMENDED PLAT BUENA OF MIAMI, FLORIDA FOR BUENA VISTA thereof as recorded in Plat Book 3, at Page 22, Florida. 8 VISTA HEIGHTS ADDITION TO THE CITY INVESTMENT CO", according to the Plat of the Public Records of Miami -Dade County, a n m :r- iJ V M -- w -7] < t y r17 Y Document prepared by: Office of City Attorney 444 S.W. 2nd Avenue, Suite 945 Miami, FL 33130-I910 Return Recorded Copy to: City of Miami Planning Department, Attn: Planning Director 444 S.W. 2nd Avenue, 3rd Floor Miami, FL 33130-1910 Folio No(s): 0 1 -3124-020-0860 t%t1 APB 26 R" 12: 2 t lCE OF l iiy C11 7 ErLEP, i CITY OF MAM (Space Above for Recorder's Use Only) DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (the "Declaration"), made this day of April, 2022, by Courtney Properties, L.L.C., a Florida limited liability company having offices at 110 Merrick Way, 0A, Coral Gables, Florida 33I34 (the "Owner"), in favor of the City of Miami, Florida, a municipality of the State of Florida (the "City"). WITNESSETH: WHEREAS, Owner holds fee -simple title to certain property in the City of Miami, Florida, located at 19 NW 41 Street, legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, Owner has filed an application with the City requesting to change the Property's zoning classification from T3-L to T4-L (the "Application"); and WHEREAS, the City Commission voted to adopt the Application, following duly noticed public hearings, subject to the restrictions set forth in this Declaration; NOW THEREFORE, the Owner, for valuable consideration, the receipt and adequacy of which are hereby acknowledged, voluntarily covenants and agrees that the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant R fAiV- Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 OrF1GE G; -1;,r running with the land and binding upon the Owner of the Property, an6461forpr! successors, and assigns as follows: 1. Recitals. The recitals and findings set forth in the preamble of this Declaration are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 2. Use/Restriction: Notwithstanding the adoption of the Application and the subsequent change of zoning to T4-L, the Property shall not be used for any one or more of the following uses for any reason(s) whatsoever: (i) Community Residence; (ii) Two Family Residence; (iii) Dormitory; (iv) Live — Work; (v) Bed & Breakfast; (vi) Food Service Establishment, not including ancillary cafe uses; (vii) Alcohol Beverage Service Establishment; (viii) Community Facility; (ix) Religious Facility; (x) Community Support Facility; (xi) Infrastructure and Utilities; (xii) Public Parking; (xiii) Transit Facility; and/or (xiv) Learning Center. The preceding capitalized terms shall have the meanings set forth in Miami 21 at the time the Application was adopted (collectively referred to hereinafter as the "Prohibited Uses") In addition to the Prohibited Uses, the Property shall not be used for any one or more of the following services for any reason(s) whatsoever, (i) fortune teller(s); (ii) express delivery service(s); (iii) funeral home(s); (iv) repair service establishment(s); (v) auto -related and/or marine -related establishment(s), (vi) commercial storage facilities; and/or (vii) pawn shop(s) (collectively the "Prohibited Services"). 3. Effective Date. This instrument shall constitute a covenant running with the title to the Property and be binding upon Owner, its successors and assigns upon recordation in the 2 Declaration of Restrictive Covenants Folio No(s): 0 1 -3 124-020-0 860 R j t APR 26 PM 12: 22 Public Records of Miami -Dade County, Florida. These restrictions shali' t,ir�fiaF, and a limitation upon, all present and future owners of the Property and for the public welfare. 4. Term of Covenant. This voluntary covenant on the part of the Owner shall remain in full force and effect and shall be binding upon the Owner, its successors in interest and assigns for an initial period of thirty (30) years from the date this instrument is recorded in the public records, and shall be automatically extended for periods of ten (10) years, unless modified, amended or released prior to the expiration thereof. S. Inspection and Enforcement. It is understood and agreed that any official inspector of the City of Miami may have the right at any time during normal working hours of the City of Miami's inspector to enter upon the Property for the purpose of investigating the use of the Property, and for determining whether the conditions of this Declaration and the requirements of the City's building and zoning regulations are being complied with. An action to enforce the terms and conditions of this Declaration may be brought by the City or any resident located within a five -hundred -foot radius of the Property boundaries and may be by action at law or in equity against any party or person violating or attempting to violate any covenants of this Declaration or provisions of the building and zoning regulations, either to restrain violations or to recover damages. This enforcement provision shall be in addition to any other remedies available under the law. 6. Cumulative. All rights, remedies, and privileges gained herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an 3 Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 "2 4PR 2G P` 412: 22 election of remedies, nor shall it preclude the party exercising the sark F 06i€e*fir ITY o� �IIAi tJ other additional rights, remedies or privileges as may be available to it. 7. Amendment, Modification, Release. This instrument may be modified, amended, or released as to any portion or all of the Property only after the occurrence of a public hearing before, and approval from, the City Commission. Any amendment, modification, or release shall be executed by the Planning Director and the Zoning Administrator, or their successor or designee, and be in a form acceptable to the City Attorney. 8. Severability. Invalidation of any one of these covenants by judgment of Court shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 9. Recording. This Declaration shall be filed of record among the Public Records of Miami -Dade County, Florida, at the cost of the Owner, within thirty (30) days of the acceptance by the City. The Owner shall furnish a copy of the recorded Declaration to the City Department of Hearing Boards within thirty (30) days of recordation. 10. Counterparts/Electronic Signature. This Declaration may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Declaration. The parties shall be entitled to sign and transmit an electronic signature of this Declaration (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Declaration upon request. 4 Declaration of Restrictive Covenants FolioNo(s): 01-3124-020-0860 11. No Vested Rights. Nothing in this Declaration shall be construed to create any vested rights whatsoever to the Owner, its successors, or assigns. SIGNATURE PAGES TO FOLL©W CD �a cim =a T 70 M`! P -F,r; ®�— --a r ram] m :i Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 IN WITNESS WHEREOF, the undersigned has set his hand and seal this day of April, 2022. Witnessed by: Courtney Properties, L.L.C., a Florida limited liability company M. Name: -Name: STATE OF FLORIDA ) ss: COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged presence OR online notarization, this of before me, is personally known to me or produced Name: Henry Courtney, its Manager before me, by means of physical day of , 20_ by He personally appeared as identification. Notary Public, State of Florida Commission No. My commission expires: M C� rno FTJ y � Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 APPROVED AS TO CONTENTS: David R. Snow Planning Interim Director Daniel Goldberg Zoning Administrator APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez, Esq. City Attorney ►1 'T7 rN ra PQ a _C. --0 r— tv n.; Declaration of Restrictive Covenants Folio No(s): 01-3124-020-0860 Exhibit "A" Lot 3, Block 5, of "BUENA VISTA HEIGHTS ADDITION AMENDED PLAT", according to the Plat thereof, as recorded in Plat Book 3, at Page 22, of the Public Records of Miami -Dade County, Florida. CD 5 rn .J rNa 1 � CT7 C_ - 7-- w 9 W r... � 8