File Ref. #095
~#
~ '15" - St-'Y70"f11 &<:;fl... / Y; /99!
LAW OFFICES
BERcaw & RADELL
JEFFREY BERCOW
BEN J. FERNANDEZ
DAVID P. LEDERMAN
JANA K. McDONALD
MICHAEL E. RADELL
PROFESSIONAL ASSOCIATION
FIRST UNION FINANCIAL CENTER, SUITE 850
200 SOUTH BISCAYNE BOULEVARD
MIAMI. FLORIDA 33131
DIRECT LINE: (305) 377-6230
TELEPHONE (305) 374-5300
FAX (305) 377-6222
August 24, 1998
VIA HAND DELIVERY
Mr. Harry Mavrogenes
Assistant City Manager
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139-1819
Re: Toinder of Mitigation Agreement Concerning 740 Collins Avenue
Dear Mr. Mavrogenes:
Enclosed please find the joinder agreement on behalf of 740 Associates,
Ltd. and the City of Miami Beach concerning traffic mitigation for the 740 Collins
Avenue project. As you will note, the joinder agreement has been approved by
the City Attorney's office. Please review and have each of the 4 originals
executed by the City Manager and return same to Diana Grub Frieser. She will
provide me with one executed original for recording.
Please call me if you have any questions concerning this matter.
, Sincer~_
, ~ Radell
MRcg
Enclosure
cc: Mr. Michael Comras
Diana Grub Frieser, Esq.
\\
JOINDER OF MITIGATION AGREEMENT
This agreement is entered into between 740 Associates, Ltd. ("Owner"),
and the City of Miami Beach ("City").
WHEREAS, Owner seeks to be bound by the terms of that Mitigation
Agreement between CLB Associates, Ltd. ("CLB") and the City of Miami Beach
dated August 6, 1998 and recorded in Official Records Book 18223, at Page 0343
of the Public Records of Miami-Dade County, except as provided herein;
WHEREAS, the Owner and the City respectively, state that:
A. Owner is the owner of property located at 740 Collins Avenue in
the City of Miami Beach, Florida as described in Exhibit A, and Owner has
proposed new construction that has been approved by the City's Design Review
Board (the "Development") .
B. The City has reviewed and accepted the Mitigation Plan referenced
in the Mitigation Agreement. The Mitigation Plan addresses traffic concurrency
issues for Collins A venue between 5th and 15th Streets which includes the
Development.
NOW, THEREFORE, for and in consideration of the covenants contained
herein, it is hereby understood and agreed:
1. T oinder by Owner. Except as provided herein, Owner and City
hereby acknowledge that each and every term, provision, benefit and obligation
of the Mitigation Agreement is hereby accepted and is binding upon the
undersigned and its successors in title as if Owner were the Developer
thereunder and this Owner were the original signatory thereof except as
modified herein. Capitalized terms herein have the same meaning as in the
Mitigation Agreement except that any reference to 721 Collins A venue in the
Mitigation Agreement shall mean 740 Collins Avenue for the purpose of this
agreement, and any reference to Project in the Mitigation Agreement shall mean
Development for the purposes of this agreement.
2. Payment bv Owner. Owner will pay CLB its fair share of the
mitigation costs as provided for in Section 2 of the Mitigation Agreement.
Owner must pay its fair share to CLB prior to receipt of Design Review Board
staff sign-off for the issuance of a building permit. For purposes hereof, City shall
calculate the fair share of each such project in accordance with the following
1
formula: ( (Total # Development Trips)/ (Total # Trips from Mitigation Plan) ) x
Mitigation Costs. Owner shall be subject to the written determination of
Mitigation Costs as provided by City to CLB.
3. Issuance of Permits. During the term of this Agreement, provided
that Owner is in compliance with this Agreement and provided Owner's DRB
approval remains valid, the Development as described in Exhibit A, will be
entitled to receive permits and certificates of occupancy in accordance with
Zoning Ordinance and the South Florida Building Code. The Development will
be permitted so long as the total number of trips in the peak hour periods
generated by such Development, as indicated by Exhibit A, does not increase and
provided such modification is otherwise permitted pursuant to any applicable
City Codes or Ordinances. Owner agrees that the City may withhold issuance of
the Final Certificate of Occupancy for the Development until Owner has paid the
Mitigation Costs as set forth above. Upon Owner's payment of the Mitigation
Costs, the City agrees not to withhold issuance of a Final Certificate of
Occupancy for the Development based solely on traffic concurrency
requirements.
4. No Reimbursement or Obligation. Owner understands and agrees
that it shall not be entitled to any reimbursement as provided for in the
Mitigation Agreement that are applicable to CLB. In addition, the City does not
owe Owner any duty to request, receive or remit any fair share payment from
any other developer or take any action in furtherance thereof.
5. Covenant Running with the Land. This agreement shall constitute
a covenant running with the land as provided for in Section 5 of the Mitigation
Agreement. .
6. Term. This agreement shall be binding on all parties and all
persons claiming under it until February 6, 2000, and, upon expiration, the
provisions of paragraph 6 of the Mitigation Agreement shall control.
STATE: OF FLORIDA
COUNTi OF DADE:
I, ROBERT PARCHER. City Clerk of City of
MiamI Baach, Florid~. do hereby certify that
the above and fOrefji)ing is a ~rue and con-ect
copy of the orIgin::i1 thereof on file in this
offi (;{).
WiTN~SS, my hand and the seal of said City
this/,V1ItJay Of~ A.D. 191ft
ROBERT PARCHER
City ~~of" cay of MIImI Beech, FIofIda
_~U(M.~I ~ tiu~
: DSf')l.Jty - 2
'Sent ly: COMRAS COMPANY 305 532 5212
~,.- .
08/19/98 2:27PM Job 26
Page 2/12
I ~"' :
:,U..~;1~,~ :.':H,': ,'.:,'~.
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"'-'er::3T'6.2.2? EERUJI,I~, P~DEL PH.
c"';' PCh
HU:, L' ,~,-""
ACKNOWl .Fnc;FD AND AGRFFD TO BY
\VITNESSES:
p~~<
i~l~~;;'fi~
/-_~____'~ ,-m. _..., ,!------..---
Print name::t'. Cro. ~
_h___._____..._.__._n ..... .-.-....----.~ ~.~ -.--1--....-
S'TA IE OF FLORIDA
'Ci:OUNTY OF MIAMI-DADE
The f regoing instrum.ent was acknowledged before me this X1 ~f
_____ 1998 by Michael Comras, President of 74-0 Collins: Ine., general
partn of 740 Associates, Ltd., a Florida limited partnership. He/She is
personally known to me or has produced_____m__________ as
identification and did (did not) take oath. .~
Pnn aIDe J\'\.~~~
Title: 1
.__.____._____..".m"....._..,._.~__
Serial Number
(if an~')
My commission expires:
[:,TXr:= OF r-LORIDi\
COUNTY OF DADE:
~i:8~::A~;ri~~R,d;i~ Clerk of City of
the above and forego:' . creby certify that
CD J .ng IS a true and correct
~y of the original thereof on fil' .
offIce. I e In thIs
~~~~:~ ;l,~~.~~1~~J of said City
ROBERT PARCHER
~~~:c!:~~Fbtb
8y' W~ ~
. Deputy
,-,,-,.,~--' < - - -
. ..~'A~',f;,.;:f~..., MARY!. MULlOWNEY'-=:' I',
I {.; 'r.~"~y COMMISSION' cc 4921i87 I.
I ~'. .~J EXPIRES' A.~... 30 1999 dl,.
,~ ,,". tif-'" -nuvuot . ~
; . "~Fif.~~"" Bonded TIwu Nolary PublIc Un~t
3
ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI ACH:
~
By:
Attest: 1Z~6 P tU~
City Clerk
Print Name: "ROgeJtT p~
Print Name: ~ 0 l:c.Q,..;,JIICL
Date: '7!.L__
/
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this L day of
~/-077/?~ ,1998 by ~Jio ~~~~"L , of the City
of Miami Beach, Florida. He/She is personally known to me er hag produc@d
as id@ntification and did (diJ Hut) take an oath.
I
~d7~.
ST A.TE OF FLORIDA
COUNTY OF DADE:
RT PARCHER, City Clerk of City of
I, RO~EB h Florida do hereby certify that
MiamI eac, , d rrect
above and foregoing is a true ~n ?D .
~epy of the original thereof on fIle 10 thIS
office. .
WITN~S, my hand and the sea'~ of said City
this t'lvtJay o(j~-A.O.19'i
ROBERT PARCHER
cay C\eI1(~the cay of MiamI~ ~~
~)r AAc.L, .
By: ~
\,tllll" Ru '
/j,:;~.y. ~i'.~'< Ruth bl
f.t:b.'\.~ MY COMMISSION' CC624373 EXPIRES
.,.~.~.~: Aprtl 25. 2001
"~;,<iD~1-'" BONDED THRU TROY FAIN INSURANCE, INC
My commission expires:
Print Name:
Title:
Serial Number
(if any)
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
~~
9NJio
Date
4
EXHIBIT A
The Project is an approximately 7,400 square foot one story retail building to be located at 740
Collins Avenue, Miami Beach. The property on which the Project is to be located is legally
described as follows:
Lot 3, Block 33, OCEAN BEACH, FLA., ADDITION NO. I, a subdivision recorded in Plat
Book 3 at page t I of the public records of Dade County, Florida.
The Project is the subject of an Miami Beach Design Review/Historic Preservation Board order in
File No. 105121, dated August II, 1998, which more specifically describes the Project.
STATE OF FLORIDA
COUNTY OF DADE;
I ROBERT PARCHER, City CIeri( of City of
Miami Beach, Florida, do hereby certify t~
the above and foregoing is a true and corre
COpy of the original thereof on file In this
office.
WITNEJ'S, my hand and the seal of said City
this W7{jay of ~.D. .19 ~ P .
ROBERT PARCHER
City clerIf9' the city of MIamI ~ ~
rlM rtU~:U~h
By; Dep~
JOINDER OF MITIGATION AGREEMENT
This agreement is entered into between 740 Associates, Ltd. ("Owner"),
and the City of Miami Beach ("City").
WHEREAS, Owner seeks to be bound by the terms of that Mitigation
Agreement between CLB Associates, Ltd. ("CLB") and the City of Miami Beach
dated August 6, 1998 and recorded in Official Records Book 18223, at Page 0343
of the Public Records of Miami-Dade County, except as provided herein;
WHEREAS, the Owner and the City respectively, state that:
A. Owner is the owner of property located at 740 Collins Avenue in
the City of Miami Beach, Florida as described in Exhibit A, and Owner has
proposed new construction that has been approved by the City's Design Review
Board (the "Development") .
B. The City has reviewed and accepted the Mitigation Plan referenced
in the Mitigation Agreement. The Mitigation Plan addresses traffic concurrency
issues for Collins A venue between 5th and 15th Streets which includes the
Development.
NOW, THEREFORE, for and in consideration of the covenants contained
herein, it is hereby understood and agreed:
1. Joinder by Owner. Except as provided herein, Owner and City
hereby acknowledge that each and every term, provision, benefit and obligation
of the Mitigation Agreement is hereby accepted and is binding upon the
undersigned and its successors in title as if Owner were the Developer
thereunder and this Owner were the original signatory thereof except as
modified herein. Capitalized terms herein have the same meaning as in the
Mitigation Agreement except that any reference to 721 Collins Avenue in the
Mitigation Agreement shall mean 740 Collins Avenue for the purpose of this
agreement, and any reference to Project in the Mitigation Agreement shall mean
Development for the purposes of this agreement.
2. Payment by Owner. Owner will pay CLB its fair share of the
mitigation costs as provided for in Section 2 of the Mitigation Agreement.
Owner must pay its fair share to CLB prior to receipt of Design Review Board
staff sign-off for the issuance of a building permit. For purposes hereof, City shall
calculate the fair share of each such project in accordance with the following
1
formula: ( (Total # Development Trips)! (Total # Trips from Mitigation Plan) ) x
Mitigation Costs. Owner shall be subject to the written determination of
Mitigation Costs as provided by City to CLB.
3. Issuance of Permits. During the term of this Agreement, provided
that Owner is in compliance with this Agreement and provided Owner's DRB
approval remains valid, the Development as described in Exhibit A, will be
entitled to receive permits and certificates of occupancy in accordance with
Zoning Ordinance and the South Florida Building Code. The Development will
be permitted so long as the total number of trips in the peak hour periods
generated by such Development, as indicated by Exhibit A, does not increase and
provided such modification is otherwise permitted pursuant to any applicable
City Codes or Ordinances. Owner agrees that the City may withhold issuance of
the Final Certificate of Occupancy for the Development until Owner has paid the
Mitigation Costs as set forth above. Upon Owner's payment of the Mitigation
Costs, the City agrees not to withhold issuance of a Final Certificate of
Occupancy for the Development based solely on traffic concurrency
requirements.
4. No Reimbursement or Obligation. Owner understands and agrees
that it shall not be entitled to any reimbursement as provided for in the
Mitigation Agreement that are applicable to CLB. In addition, the City does not
owe Owner any duty to request, receive or remit any fair share payment from
any other developer or take any action in furtherance thereof.
5. Covenant Running with the Land. This agreement shall constitute
a covenant running with the land as provided for in Section 5 of the Mitigation
Agreement. '
6. Term. This agreement shall be binding on all parties and all
persons claiming under it until February 6, 2000, and, upon expiration, the
provisions of paragraph 6 of the Mitigation Agreement shall control.
2
Se~t by: COMRAS COMPANY 305 532 5212
08/19/98 2:27PM Job 26
Page 2/12
~
Ct'"" ;;U~,~:l.A~~ (::J~'~:' (.:,
-~GS3?'"")b222 EERGJI,J :~, RHDEL F'A.
c (" Pl}cj
Hue, ]'." 'j," I '
ACKNOW1.FOGFD AND AGREED TO BY
WITNESSES:
:@~~~~
Pr~ll~~~~Z-
/-,_.:~_._--- '- "".",,, ----.-' ..--.-.----.." -.-...
Print name: ~., . (-6 ~
_.___._. ~r~'_"____'_____'"'' ,....._._..,,'-,--~~,~ -----f-'__"'N
SlATE OF FLORIDA
'c'OUNn' OF MIAMI-DADE
~/lq~
The f regoing instrum.ent was acknowledged before me this #. day of
-' 1998 by Michael Comras, President of 74-0 Collins, Inc., general
partn of 740 Associates, Ltd., a Florida limited partnership. He/She is
personally known to me or has produced ._._____._. as
identification and did (did not) take oath. / R\ )."
, '~~
= ~~;;O:~p~
Prin
fitle:
Serial Number
(if any)
My commission expires:
~,~_,r-".:...,~ _.---=-
~i\~tf~~ MARY I!. MULLOWNEY ''cO'''' i
i ~*: :*tinV COMMISSKlN , cc 492687. JI,
,/- ~~f EXPIRES: August 30. 1999 ~
;" 0 r,.lt>' Bonded l11ru NolaJy PublIc Un~J
3
ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI ACH:
~
By:
Attest:j2'~ d- P 1Uc1u.--
City Clerk
Print Name: l;oBertT p~
Print Name: ~ 0 l'o,Q,.;-jue;l...
Date: '51---z __
/
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this L day of
~kn7.bt:!r ,1998 by ~Jio '?o~~~.:L , of the City
of Miami Beach, Florida. He/She is personally known to me or hag produc8d
as id@ntification and did (diJ Hul) take an oath.
I
~d7~.
o1>.1;.rf~~< Ruth Rubi
f'(~\'~ MY COMMISSION' CC624373 EXPIRES
"~'~'R" April 25, 2001
':~:.9fo~lt'" BONDED THRU TROY FAIN INSURANCE,INC.
Print Name:
Title:
Serial Number
My commission expires:
(if any)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~$
WLJlr~
Date
4
EXHIBIT A
The Project is an approximately 7,400 square foot one story retail building to be located at 740
Collins Avenue, Miami Beach. The property on which the Project is to be located is legally
described as follows:
Lot 3, Block 33, OCEAN BEACH, FLA., ADDITION NO. I, a subdivision recorded in Plat
Book 3 at page 11 of the public records of Dade County, Florida.
The Project is the subject of an Miami Beach Design Review/Historic PreselVation Board order in
File No. 105121, dated August 11, J 998, which more specifically describes the Project.