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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,': ,'.:,'~. :1'; "'-'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.