Loading...
Ordinance 2018-4225 CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS ORDINANCE NO.. 2018-4225 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, `DISTRICT REGULATIONS", DIVISION 6, "CD-3 COMMERCIAL HIGH INTENSITY DISTRICT", BY AMENDING SECTION 142- 337, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", TO AMEND THE MAXIMUM HEIGHT REQUIREMENTS FOR PARKING GARAGES WITHIN THE CD-3 ARCHITECTURAL DISTRICT FOR LOTS FRONTING ON JAMES AVENUE, BOUNDED BY 17TH STREET TO THE NORTH AND LINCOLN ROAD TO THE SOUTH; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach ("City") seeks to encourage and incentivize new development and the preservation and restoration of structures located within the Museum Historic District; and WHEREAS, the City desires to encourage private property owners to redevelop properties to accommodate the off-street parking needs of the surrounding properties; and WHEREAS, the preservation and restoration of the City's contributing buildings furthers the general welfare and is especially important to the citizens of Miami Beach; and WHEREAS, the preservation and restoration of contributing structures is often aided by the construction of new buildings on the same property; and WHEREAS, the City has previously implemented increased height requirements for parking garages; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations" Division 6, "CD-3 Commercial High Intensity District," is hereby amended as follows: Section 142-337. Development regulations and area requirements. (a) The development regulations in the CD-3 commercial, high intensity district are as follows: (1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than 45,000 sq. ft.-2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0. Page 1 (2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0. (3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and between 16th Street and 17th Street shall have a maximum FAR of 2.75. (4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 sq. ft. with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 sq. ft. (b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the architectural district shall be 2.50. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum (Minimum Minimum Average Maximum Lot Area I Lot Width Unit Size Unit Size Building (Square Feet) (Feet) (Square Feet) (Square Feet) Height (Feet) I Commercial— Commercial— CommercialCommercial— 75 Feet. '..... None None N/A N/A Residential— Residential— New New Lots within the 7,000 50 construction— construction— architectural 550 800 district: 50 Feet. Rehabilitated Rehabilitated Notwithstanding buildings— buildings— the foregoing 400 550 requirements Non-elderly Non-elderly for lots within and elderly ,and elderly the architectural low and I low and district, for lots I :moderate moderate fronting on income income James Avenue housing: See housing: See bounded by 17th section 142- section 142- Street to the 1183 1183 North and 'Hotel unit: Hotel units— Lincoln Road to 15%: 300— N/A -the South, the 335 Historic 85%: 335+ Preservation For IBoard. in contributing accordance hotel with the structures, certificate of located within !appropriateness Page 2 a local historic' [criteria in district or a chapter 118 national article X, shall ,register have discretion district, which to allow up to are being 75 feet in height renovated in ! for those accordance properties that with the provide a Secretary of , minimum of five the Interior (5) stories of Standards parking, of and which a Guidelines for minimum of 250 the !spaces must be Rehabilitation unencumbered of Historic by any use at Structures as j the property amended, '!and provided retaining the further that a existing room minimum configuration [ setback of 75 shall be feet shall be permitted, required from provided all Collins and , 'rooms are a Washington minimum of Avenue for any 200 square portion of a feet. building above Additionally, '50 feet in existing room height. configurations for the above Lots fronting on !described ,17th Street: 80 hotel Feet. structures City Center may be Area (bounded modified to by Drexel address Avenue, 16th applicable life- Street, Collins ,safety and Avenue and the 'accessibility south property line of those regulations, lots fronting on Page 3 provided the the south side 200 square of Lincoln feet minimum Road): 100 unit size is Feet. maintained Notwithstanding the foregoing 'requirement for the City Center Area, the ,following additional '.. regulations shall apply: The height for lots fronting on Lincoln Road ,and 16th Street 'between Drexel Avenue and Washington Avenue are limited to 50 Feet for the first 50' of lot depth. The height for lots fronting on Drexel Avenue is limited to 50 Feet for the first 25' of lot depth (except as provided in section 142- 1161). 1 SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Page 4 SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 12 day of beC?knb Pr , 2018. ATTEST: Dan Gelber, Mayor t2 ; Rafael E. ranado, City Cle APPROVED AS TO FORM & LANGUAGE KI &FOR EXEC •N Verified By: K/ �� /��/� 5/),A9 Thanas R. Mooney, AICP 'C{ Attorne� Dote Planning Director Underline = New Language Strikotkrough = Deleted Language Underline = Language Added at First Reading (jF� PM y \., (Sponsored by Commissioner John Elizabeth Aleman) � .��,� .a 9Rt1 . t T:AGENDA\2076\O6 June\Planning\CD-3 Parking Garage Heights-First Reading ORD.docx Page 5 Ordinances - R5 A MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE. December 12, 2018 2:05 p.m. Second Reading Public Hearing SUBJECT: CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 6, "CD-3 COMMERCIAL HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-337, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO AMEND THE MAXIMUM HEIGHT REQUIREMENTS FOR PARKING GARAGES WITHIN THE CD-3 ARCHITECTURAL DISTRICT FOR LOTS FRONTING ON JAMES AVENUE, BOUNDED BY 17TH STREET TO THE NORTH AND LINCOLN ROAD TO THE SOUTH; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Cormvssion adopt the subject Ordinance. ANALYSIS HISTORY I BACKGROUND On February 14, 2018, the City Commission (Item C4 AC), at the request of Commissioner John Elizabeth Aleman, referred a discussion item to the Land Use and Development Committee (LUDC) regarding proposed amendments to the City Code pertaining to maximum height requirements for parking structures located in the Architectural District and zoned CD-3. On March 14, 2018, the Land Use Committee discussed the item and recommended that an ordinance amendment be referred to the Planning Board. The LUDC also recommended that more than 20 spaces be provided to the public at City approved rates. On April 11, 2018, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the attached ordinance to the Planning Board (Item C4 AA). PLANNING ANALYSIS A similar ordinance, referred by the City Commission was reviewed by the Planning Board on June 23, 2015. The Planning Board recommended against the Ordinance at that time, due in part to the potential increase in scale and mess within an area that currently limits overall building heights to 50 feet. The City Commission also ended up not approving the legislation. The subject ordinance amendment has been referred again, and would allow lots fronting on James Page 787 of 1751 Avenue, bounded by 17th Street to the north and Lincoln Road to the south, to be built up to 75 feet at the discretion of the Historic Preservation Board as long as the properties provide a minimum of five (5) stories of parking, of which a minimum of 250 spaces must be unencumbered by any use at the property. The following chart is a chronology of allowable building height requirements for the CD-3 district since 2015: Current Maximum Building Maximum Building Height Maximum Building Height Height Regulations Regulations Proposed in 2015 Regulations Proposed in 2018 (NotApproved) 75 Feet. 75 Feet. 75 Feet. Lots within the architectural Lots within the architectural district: Lots within the architectural district: district:50 Feet. 50 Feet. 50 Feet. For lots fronting on James For lots fronting on James Avenue bounded by 171b Street Avenue bounded by 171h Street to to the North and Lincoln Road to the North and Lincoln Road to the the South, the Historic South the Historic Preservation Preservation Board, shall have Board shall have discretion to discretion to allow allow up to 75 feet in height Kith up to 75 feet in height vith minimum of five stories of parking minimum of five stories of parking fminimum of 250 spaces must be (minimum of 250 spaces must be unencumbered by any use! unencumbered by any use! minimum setback of 75 feet shall minimum setback of 75 feet shall be required from Collins and be required from Collins and Washington Avenue for a building Washington Avenue for a building above 50 feet in height above 50 feet in height. R the current uses are main) hotels that are On James Avenue between 17th Street and Lincoln Road, y classified as contributing to the Museum Historic District. There is a surface parking lot that spans three lots located on the east side of James Avenue that could potentially take advantage of this ordinance. The three lots have stores fronting Collins Avenue, but the rear of the lots face Jan-es Avenue. Currently, the surface parking lot has approximately sixty (60) spaces. This ordinance amendment would allow for the historic preservation board to consider up to a 75 foot structure with a minimum of five (5)stories of parking at the rear of these lots. In order to address the potential scale and height issues associated with a future structure taller than 50 feet in height, particularly as it may be perceived from Collins or Washington Avenue, the Ordinance includes a minimum setback of 75 feet from Collins Avenue and Washington Avenue for any portion of a building above 50 feet in height. This would ensure that a future building above 50 feet in height on James Avenue, with a thru-lot to either Washington or Collins Avenue, would not overwhelm those respective streetscapes. Page 788 of 1751 PLANNING BOARD REVIEW The Planning Board reviewed the subject Ordinance on May 22, 2018 and transmitted it to the City Commission with a favorable recommendation (Vote 7-0). UPDATE On June 6, 2018 the Ordinance was approved at First Reading with no changes. On July 25, 2018 Second Reading /Adoption was deferred to September 12, 2018. On September 12, 2018, Second Reading / Adoption was deferred to October 17, 2018. On October 17, 2018, Second Reading / Adoption was deferred to November 14, 2018. On November 14, 2018, Second Reading /Adoption was deferred to December 12, 2018. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTAC H MF N TS- Description ❑ Form Approved Ordinance- CD3 Parking ❑ Attachment Page 789 of 1751 From: Elsa Urquiza <elsa.urquiza@att.net> Date: November 12, 2018 at 8:17:53 PM EST To:<DanGelber@miamibeachfl.gov> Cc: <JohnAleman@miamibeachfl.gov>,<MickySteinberg@miamibeachfl.gov>, <MarkSamuelian@miamibeachfl.gov>,<Michaejmiam_beachfl.Gov>, <Kristen@miamibeachfl.ggv>, <RickyArriola(aml a mibeachfl.gov> Subject: Item R5-D/CD-3 Architectural District Parking Garage • • Dear Mayor and Commissioners: • My name is Elsa Urquiza and I am resident of the City and own numerous properties in the City. I have owned 1676 James Avenue since 1999. The CD-3 Architectural District Parking Garage Heights Ordinance (Item R5 D) will have a direct impact on my property. I support the Ordinance and am writing to urge you to vote in favor of it. I support the Ordinance for the following reasons: • First, because after a thorough planning analysis of the James Avenue neighborhood, your professional staff is recommending approval of the Ordinance. • Second, the Ordinance does not provide for an automatic height increase from 50'to 75'; it merely grants the HPB the authority to consider an application for a 75' structure, subject to all other zoning requirements. A 75' structure on James Avenue would be in- scale with existing structures on James Avenue and Collins Avenue. • Third, the James Avenue neighborhood suffers from a severe parking deficit and the Ordinance would encourage the construction of a mixed-use parking garage with no less than 250 parking spaces. This would satisfy the parking needs of the entire neighborhood and revitalize and active the area. o Finally, the owner of three properties on the east side of James Avenue that could potentially take advantage of this Ordinance (subject to HPB approval) has generously and voluntarily agreed to permanently dedicate 20 parking spaces to residents at City approved rates.This is a significant public benefit. For all of the foregoing reasons,the Ordinance is in the best interests of the City and its residents and businesses. I urge you to vote in favor of it. Thank you for your consideration of my email, Elsa Urquiza Page 795 of 1751 7 Agenda Item RS r4 Date la-U-18 This instrument was prepared by Name. Man W Levine,Esq Address. Levine&Partners,P.A. 3350 Mary Street Miami,Florida 33131 DECLARATION OF RESTRICTIVE COVENANTS This Declaration of Restrictive Covenants (the "Declaration") made this day of 2018,by NEW REX CORP.,a Florida corporation,("Developer"and"Tenant"),ADHY Advisors LLC,a Florida limited liability company("ADHY Advisors") and ADHY Investment Properties,LLC,a Flonda limited liability company ("ADI-IY Investment") now known as ADHY Advisors LLC (Developer, ADHY Advisors and ADHY Investment shall be collectively referred to herein as"Grantors"),is in favor of the CITY OF MIAMI BEACH,FLORIDA, a municipality located within the state of Florida("City") WITNESSETH WHEREAS, the Developer is the fee simple owner of Parcel A, and holder of a long term leasehold interest (as more particularly described herein) in Parcels B and C, of the real property legally described on Exhibit"A"(the"Property");and WHEREAS, ADHY Advisors is the fee simple owner of the real property legally descnbed as Parcel B of the Property described on Exhibit"A"; and WHEREAS, the Developer has a leasehold interest, as a Lessee, in Parcel B, pursuant to that certain Assignment,dated July 26,1965,and recorded in Official Records Book 4741, at Page 336,of the Public Records of Miami-Dade County, Florida, relating to that certain ninety-nine year ground lease, dated January 2, 1955, made by Martin Drexel and Clara Drexel, Lessors, to Seymour Rubin, I Hecht, Jack Cooper and Louise Grossman, Lessees,and recorded in Deed Book 4100, at Page 434, of the Public Records of Miami-Dade County,Flonda,and WHEREAS,ADHY Investment is the fee simple owner of the real property legally described as Parcel C of the Property described on Exhibit"A",and Page 1 of 11 WHEREAS, ADHY Investment changed its name to ADHY Advisors, LLC on May 14, 2012, and WHEREAS, the Developer has a leasehold interest, as Lessee, in Parcel C, pursuant to that certain Assignment,dated September I, 1994,recorded in Official Records Book 16500,at Page 0926,of the Public Records of Miami-Dade County,Florida,relating to that certain ninety-nine year ground lease, dated December 29, 1950, made by Shore Investment Co., a Florida corporation, Lessor, to Midcentury Corp.,a Honda corporation, Lessee,and recorded in Deed Book 3422,at Page 591,of the Public Records of Miami-Dade County,Florida,and WHEREAS, the Developer intends to construct and operate a vehicular parking garage (the "Garage")on the Property in accordance with the plans and specifications approved by the City, and WHEREAS, the Grantors are desirous of making a voluntary binding commitment to assure that the Garage to be constructed on the Property shall be developed and/or operated in accordance with the provisions of this Declaration NOW THEREFORE, the Grantors voluntanly covenant and agree that the Garage to be constructed on the Property shall be subject to the following restrictions that are intended and shall be deemed to be a covenant running with the land and binding upon the Grantors,and their heirs, successors and assigns, personal representatives,mortgagees, lessees, and all persons claiming by, through or under them, as follows Section 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 Section 2. Declaration The Grantors hereby make the following voluntary declaration running with the land concerning the use of the Garage to be built upon the Property for so long as any portion of the Property is maintained and utilized as a Garage Twenty(20)parking spaces ("City Resident Parking Spaces") in the Garage shall be reserved at all times for vehicular parking use by residents of the City holding valid and current proof of City residency ("City Residents")on an hourly basis The Developer shall be entitled to charge (and retain for its own account)parking fees to City Residents for their use of the City Resident Parking Spaces at hourly rates which do not exceed the promulgated rates published by the City from Page 2 of 11 time to time for City Residents parking in public parking garages ("Public Patting Rate") The City Resident Parking Spaces shall be prominently identified for use by City Residents at the Public Palling Rate through signage and/or striping, subject to the approval of the City Manager or his designee, in his sole discretion. The Developer shall install the approved signage, in compliance with the City of Miami Beach Code of Ordinances,and shall keep the signage free of graffiti Section 3.Effective Date. This Declaration is effective at the date of execution hereof This instrument shall constitute a covenant running with the title to the Property for so long as the Property is utilized as a parking garage and shall be binding upon Grantors and their successors and assigns These restrictions shall be a limitation upon all present and future owners or tenants of the Property for so long as the Property is utilized as a parking garage and shall be for the public welfare Section 4.Applicable Law&Venue. Florida law will apply to interpretation of this instrument Venue in any civil actions arising under this instrument shall be m Miami-Dade County,Florida Section 5.Amendment and Modification. This instrument may be modified, amended, or released as to any portion of the Property by a written instrument executed by the then owner(s) of the fee simple or leasehold title to the portion of the Property to be affected by such modification, amendment or release, providing that same has been approved by the Ctty of Miami Beach Zoning Board or City Commission after a public hearing which public heanng shall be applied for at the expense of the Developer or its successors and assigns Upon approval of such modification amendment or release as specified herein, the Director of the City of Miami Beach Planning Department or his successor shall execute a written instrument in recordable form effectuating and acknowledging such modification,amendment or release Such instruments shall be in a form acceptable to the City Attorney Section 6.Inspection and Enforcement. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City,or its agents duly authorized,may have the privilege at any time during normal working hours of entering and inspecting the Garage to determine compliance with the requirements and conditions of this Declaration An enforcement action may be brought by the City by action in law or in equity against any party or person molatmg or attempting to violate any covenants of this Declaration, or provisions of Page 3 of 11 the building and zoning regulations, either to restrain violations or to recover damages The prevailing party in the action or suit shall be entitled to recover costs and reasonable attorney's fees This enforcement provision shall be in addition to any other remedies available under the law Section 7.Books and Records and Audits. Upon thirty(30) days written notice to Developer or its successors and assigns, during normal business hours (i.e. 9AM —5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may,in his reasonable discretion and Judgment, deem necessary, there shall be made available to the City Manager,and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/or inspect, within the Jurisdiction of Miami Beach, Florida,any and all other documents and/or records relating to all matters covered by this Declaration Section 8.Notices. Any notice requited to be given or otherwise given pursuant to this Declaration shall be in writing and shall be hand delivered, mailed by certified mail, return receipt requested or sent recognized overnight courier service as follows' If to Developer NEW REX CORP 571 W 183rtl Street New York,New York 10033 Attention Mr Avt Dishi,President If to ADHY Advisors ADHY ADVISORS,LLC c/o DISHI&SONS, LLC,its manager 571 W. 183r°Street New York,New York 10033 Attention Mr Avi Dishi,Manager If to ADHY Investment. ADHY ADVISORS,LLC c/o DISH!&SONS,LLC,its manager 571 W. 183'a Street New York,New York 10033 Attention. Mr Avi Dishi,Manager Page 4 of 11 If to the CITY' City of Miami Beach Attention•Parking Department Director 1700 Convention Center Dnve Miami Beach,Florida 33139 With copy to' City of Miami Beach Attention. City Manager 1700 Convention Center Drive Miami Beach,Florida 33139 Section 9.Severability. Invalidation of any one of these covenants by Judgment of Court shall not affect any of the other provisions of the Declaration,which shall remain in full effect Section 10.Recording. This Declaration shall be filed of record among the Public Records of Miami-Dade County, Flonda, at the cost of the Developer, as a condition of Developer obtaining its building permit for the construction of the Garage and the City of Miami Beach will be furnished a recorded copy by the Developer within thirty(30)days of the recordation of same Section 11.Joinder Bank of America, N A, a national banking association, as Mortgagee, Joins in the execution of the Declaration to signify and memorialize their consent and agreement to the restrictions set forth in this Declaration [SIGNATURE PAGES TO FOLLOW] Page 5 of 11 W -sses / DEVELOPER: i NEW � Slatatru'e I B �� �� ' (♦ Tit e' •vi Y , 'resident Print Address: 571 W.Address: 571 Signature New York,New York 10033 Print Name STATE OF FLORIDA (0 The COUNTY OF MIAMI DADE ()" The foregoing instrument was acknowledged before me by Avi Distil, as the President of NEW REX CORP., a Florida corporation. He/She is personally known to me or has produced as identification. Witness my signature and official seal this day of 6,, , 2018, in the County and State aforesaid. Notary Public,State of Florida V C04510D4//11 L) (-1 ,IPC/l) Print Name (� My Commission Expires: .):\ 02) r) CONSTAN11NOS KOWINGS MOW Y PUBLIC SLATE OF NEW YORK REG NO.01 KO61 rip,349 EXP 01/07)2 0) Page 6 of 11 WL esses: ADHY ADVISORS,LLC,a Florida limited iI , • ,I , s _S. liability company - atu e / By: DISH1 . ' 4: . e -. York limited Habit - co ::,y/an ' in game I s• • _ :tr •i D' s anager A Signature Address: %i CI Liaxigh 571 W. 183"Street New York,New York 10033 Print Name \JI�1, STATE OF F69&1AA 1 `'/�) � COUNTY OF MIAMI-BADE ry `4, The foregoing instrument was acknowledged before me by Avi Dishi as the Manager of DISHI & SONS LLC, a New York limited liability company, which entity is the manager of ADHY ADVISORS, LL lorida limited liability company. He/She is personally known to me or has produced as identification. Witness my signature and official seal this day of Il , 2018, in the County and State aforesaid. Notary Public, tat'` ida` V" c� tJl1 /16 ) )c) U0 Print Name My Commission Expires: GA ) 0 CON3TANTINOS KCh11iNO5 NOTAki PU911C STALE OE NEW l'O2K REG NO.01 KO d•'9449 EXP.01/07/20` IV' Page 7 of 11 W' •ss'es: ADHY INVESTMENT PROPERTIES,LLC,a Florida limited liability company, P ature • n/k/a ADHY ADVISORS,LLC,a Florida limited f 1 liability company By DIS• • t .: New York limited ! lrint Name Iiavim' Signature p I ishi,its Manager Si LCO.>� a / Address: Print Name 571 W. 183id Street New York,New York 10033 STATE OF FLORIDA I ) COUNTY OF MIAMI Drmty The foregoing instrument was acknowledged before me by Avi Dishi, as the Manager of DISHT & SONS LLC, a New York limited liability company, whica entity is the manager of ADHY ADVISORS, I,L a Florida limited liability company. He/She in1(y _personally known to me or has produced \V'1 as identification.��71 Witness my signature and official seal this0J day of , 2018, in the County and State aforesaid. Notary Public,State of Fin', V Print Name CONETPNTINOS KOMI NEOF E0611C G )\s47�G AG INC01�fi1L0 43 9 My Commission Expires: EXP.01/07120 Page 8 of 11 JOINDER Witnesses BANK • AMERICA,NA.,a national banking 1.4i.....-.9. �i n i ,--/ associana Signature I`�'— By 1vN.C.vci—� z I`.� r f,ru.,l Ti 1-,_,--,... •os.Ji < - Print Name :S-'y.[b r Vtcr 'trcd. e, I,.t:. Address. Lug - ,v°,r -7o, Bu t ,� ^ i Is1-`-- fr‘'oor Signature NMrc_.---tl F— .33lEl Z✓ Lw(l-t_l -„S0. ,,:_h/ , Pnnt Name STATE OF FLORIDA ) COUNTY OF MIAMI DADE ) The foregoin �, c jnstrument was aclmowledgg,,e4,„ beforefo ( me by P Se J r=e. YJoef-4as the ,S(fp -14 wilevei-afl `CNAof BANK OF AMERICA, N A, on behalf of BANK OF AMERICA, N A He/She ist----personally Imown to Inc or has produced as identification /� j� Witness my signature and official seal this 67 day of 82 CCP)1 r , 2018, in the County and State aforesaid Aka 161145 Notary Public,State hof Florida / jak2foan AA tie& r1/4417 Print Name My Commission Expires: —Aft J 21 I Z 07-4 FABIOLAVILLASMIL Notary Pubb, Ronda CommeonC 129223 My comm..expires July 2 1.2021 Page 9 of 11 FORM So LANGUAGE &FOR EXECUTION rif- City Attotneyy Date City Parking Director Date Page 10 of 11 EXHIBIT"A" Leea1 Description PARCEL A Lot 7, in Block 30, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof,as recorded in Nat Book 2,at Page 77,of the Public Records of Mian-Dade County,Florida PARCEL B Lot 6, in Block 30, and the North 4 of Lot 5, in Block 30, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Miami-Dade County, Florida PARCEL C Lot 4, in Block 30 and the South V: of Lot 5, in Block 30, of FISHER'S FIRST SUBDIVISION OF ALTON BEACH, according to the Plat thereof, as recorded in Plat Book 2, at Page 77, of the Public Records of Miami-Dade County,Florida Attotorg/Re and Title Seemt es,Resmmtive Covenants/James Avenue Parking Garage Nova Page 11 of 11 THIS PAGE INTENTIONALLY LEFT BLANK