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.j1a::JS??6222 BERCOW & RADELL PA.
29121 PI2I2
OCT 1216 '98 12:53
/'
ft'F 1!/{)7 -jeT b//f?!
LAW OFFICES
BERCOW & RADELL
JE:FFRE:Y BERCOW
BEN ..J. F"ERNANOEZ
JAHA K. McOONALD
~ICHAEL E. RADE1.L
PROFESSIONAL ASSOCIATION
F"IRST UNION F"INANClAL CENTEFl, SUITE eso
200 SOUTH BlSCAYNE BOULEVARO
MIAMI. !'"LORleA 33131
DIRECT LINE: (306) 377-6230
TELEPHONE (3015) 374-5300
FAX (305) 377-el:!l:!2
October 6, 1998
VIA FACSIMILE AND U.S. MAIL
Diana Grub Frieser, Esq.
City Attorney's Office
City of Miami Beach
1700 Convention Center Dr.
Miami Beach, FL 33139-1819
Re: Mitigation Agreement for 226 Ocean Drive, Ltd.
Dear Ms. Grub Frieser:
This will confirm our conversation with regard to two issues you raised
concerning the captioned agreement. On behalf of 226 Ocean Drive, Ltd., we
understand and agree that the Developer, as defined in the Agreement, will not
be entitled to any reimbursement from other developers until the necessary
payment and performance bond concerning construction of traffic improvements
is delivered to the City. We further understand and agree that the City may not
permit the joinder of any third parties to this Mitigation Agreement until it is
determined that Excess Traffic Capacity is available and that the necessary
payment and performance bond has been delivered to the City.
Please call me if you have any questions regarding the foregoing.
MR:cg
cc: Mr, Scott Greenwald
Gary Brown, Esq.
Rer I!/07-0CTb/19Q/
.
MITIGATION AGREEMENT
This agreement is entered into between 226 Ocean Drive, Ltd.
("Developer") and the City of Miami Beach ("City"),
WHEREAS, pursuant to Chapter 122 of the Miami Beach Code (the
"Code"), and Rule 9J-5.0055(3)(c)(3) Florida Administrative Code, the City is
authorized to enter into mitigation agreements; and
WHEREAS, the Developer and the City state that:
A. Developer is the owner of property located at 226 Ocean Drive in
the City of Miami Beach, Florida, as described in Exhibit A, and Developer has
proposed new construction pursuant to Design Review Board File No. 9104J (the
"Project").
B. The City has reviewed and accepted a multi-phased mitigation
plan to address traffic concurrency issues for Ocean Drive between 5th Street and
15th Street associated with the Project and other developments within the area.
The improvements that constitute the Mitigation Plan are described in Exhibit B
attached hereto (the "Mitigation Plan").
C. Upon completion of certain of the improvements described in the
Mitigation Plan that are necessary to improve traffic conditions in the area of the
Project and to insure the applicable level of service for traffic, taking into account
the impact attributable to the Project, is not exceeded (hereinafter, the "Necessary
Improvements"), the City has determined that the existing public infrastructure
together with the Necessary Improvements will accommodate the traffic impact
1
of the Project as required by the City's Concurrency Management System
codified at Chapter 122 of the Code.
NOW, THEREFORE, for and in consideration of the covenants contained
herein, it is hereby understood and agreed:
1, The foregoing recitals are true, correct and are incorporated herein.
2. Mitigation Plan, A multi-phased traffic mitigation plan was
reported to the City of Miami Beach Commission pursuant to Commission
Memorandum No. 652-98 for Ocean Drive between 5th Street and 15th Street in
Miami Beach, Florida (see the Mitigation Plan attached hereto as Exhibit B). The
Developer agrees to identify the Necessary Improvements from the elements of
the Mitigation Plan that will be required to be implemented in order for the
Project to satisfy the City's traffic concurrency standards within 30 days of
execution of this Agreement. The plan of work that entails the Necessary
Improvements must be approved for technical correctness by the City,
Developer will then prepare a written estimate for the cost of implementation of
the Necessary Improvements (the "Mitigation Costs") within 60 days from the
execution date of this Agreement. The cost estimate for the Mitigation Costs must
also be approved by the City. The "execution date" means the date that the last
of the City's Manager, or his designee, and Developer signs and acknowledges
this Agreement.
3. Implementation of Necessary Improvements by Developer, In
order to address traffic concurrency issues relating to the Project, Developer
agrees to implement the Necessary Improvements including, without limitation,
2
preparation of all applications and studies and funding of all engineering
expenses, labor, materials and permit fees at Developer's sole cost and expenses. (9
Developer 'will hegin com;tryction of the Necessary Improv~nn~mts within 7 ~~
months after the Ii:xli:c11tion d9te A representative from the City will execute
upon request from Developer any permit applications required for construction
or implementation of the Necessary Improvements subject to City's review and
approval of same and including all related calculations. Any permit fees related
to such improvements shall be paid by Developer.
In order to provide the City with adequate assurance regarding the
completion of these improvements, Developer shall post a payment and
performance bond for the Necessary Improvements within 5 months of the
execution date, The payment and performance bond shall be in a form
acceptable to the City Attorney's office and the Public Works Department,
insuring timely completion of all aspects of the Necessary Improvements. The
terms and conditions of said bond shall include, inter alia, that the City is a
named beneficiary of the bond and may exercise its rights under the bond if the
Necessary improvements have not been completed prior to the first request for a
Certificate of Occupancy (temporary or final) by Developer for the Project. The
dollar value of the payment and performance bond shall be the cost estimate for
the work associated with the Necessary Improvements as noted in Section 1
above. If Developer should fail to timely comply with any material provision
herein, City may revoke or rescind any building permits issued for the Project.
Developer agrees to indemnify and hold the City harmless from any and all
3
claims, losses or damages that Developer may suffer as a result of the rescission
or revocation of its building permit.
The City and Developer recognize that the implementation of the
Necessary Improvements may create more traffic capacity then that which will
be generated by the Project. It is anticipated that this excess traffic capacity may
create sufficient capacity for some of the projects described in Exhibit C attached
hereto, to the extent same is not absorbed by background or other related traffic
growth (the "Excess Traffic Capacity"). The Excess Traffic Capacity may also be
available for projects not described in Exhibit C. The City agrees that for a
period of 3 years after the execution date of this Agreement, it will use good faith
to require that the developers of any other projects that may benefit from the
Excess Traffic Capacity (the "Other Projects") pay Developer their prorata share
of the cost of the Necessary Improvements before the City will issue any building
permits for any such Other Projects, In addition, if the City identifies projects not
included within this Agreement that will utilize the Excess Traffic Capacity and
only to the extent Excess Traffic Capacity is created by the Necessary
Improvements, the City shall utilize good faith to prepare an estimated
calculation of the appropriate fair share for such projects. The City shall satisfy
its good faith requirement by inserting an annotation and copy of this
Agreement in the respective DRB files indicating that said project is affected by
the Agreement. The City will require written evidence from the developers of
Other Projects of the payment of such fair share to Developer or its successors
prior to the issuance of any building permits for such Other Projects. It is
4
understood that the Excess Traffic Capacity may be absorbed during the term of
this Agreement through normal background and related traffic growth and that
to the extent such absorption occurs there will be no reimbursement for the use
of such capacity by Other Projects. For purposes hereof, City shall calculate the
fair share of each such other project in accordance with the following formula:
(Total # Project Trips)/ (Total # Trips from Necessary Improvements less
background traffic growth x Mitigation Costs). For the purposes of calculating
these fair share costs, Mitigation Costs shall be increased by Developer's actual
cost of financing of the Necessary Improvements which actual cost shall be
provided to City in the form of a sworn affidavit from Developer (and City shall
have no obligation to investigate or inquire further with respect to said actual
costs). If the Developer has not been reimbursed for all available Excess Traffic
Capacity within 3 years after the execution date, Developer may send the City
written notice regarding any remaining Excess Traffic Capacity and, with the
concurrence of the City, be eligible for additional reimbursement pursuant to the
terms of this agreement for an additional year. As long as Excess Traffic
Capacity is available, Developer may continue to renew this reimbursement
provision in one year increments by providing written notice to the City as
described above.
4. Issuance of Permits. Based upon the traffic concurrency analysis
that will be performed by the Developer and the City concerning the Necessary
Improvements as described in Section 1 above, the City will determine that, upon
completion of the Necessary Improvements, the public infrastructure will
5
accommodate the traffic impact of the Project, as required by the City's
Concurrency Management System codified as Chapter 122 of the Code, During
the term of this Agreement, provided that Developer is in compliance with this
Agreement and provided Developer's DRB approval remains valid, the Project
will be entitled to receive permits and certificates of occupancy in accordance
with the City's Code and the South Florida Building Code, Modifications of the
Project will be permitted so long as the total number of trips generated by the
modified Project does not increase and provided such modification is otherwise
permitted pursuant to any applicable City Codes or Ordinances. The other
projects included within this Agreement (see Exhibit C) shall only be entitled to
receive benefits hereunder upon their respective joinder of this Agreement (at the
City's sole discretion) and only to the extent that there exists sufficient Excess
Traffic Capacity for the project on the date of joinder and only to the extent that
they have a valid DRB approval for the respective project.
Notwithstanding anything to the contrary contained herein, Developer
hereby acknowledges and agrees that the Necessary Improvements shall be
W de1-"WM(iv& ~ ~ ~ ') /J-/Y-
"open to traffic" ^ prior to the issuance of any Certificates of Occupancy /'@
(temporary or final) for the Project; however, the City may extend, in its sole
discretion, the time for commencement or completion of any of the Necessary
Improvements consistent with the Requirements of Rule 9J-5.0055(3)(c)3, Florida
Administrative Code, and any applicable City Codes or Ordinances. In the event
that an extension as provided in the foregoing sentence has been granted by the
City, then Certificates of Occupancy may be issued, in the City's sole discretion,
6
so long as it is reasonably expected that the Necessary Improvements will be
completed within the time frames established by the Florida Statutes and the
Florida Administrative code, and any applicable City Code or Ordinances.
5. Hold Harmless. Developer agrees to indemnify and hold the City
harmless from any and all claims, losses or damages to the City or any developer
that may arise through the implementation of this agreement, its reimbursement
provisions, any delays by the City in the approval or issuance of any necessary
approvals, which delays arise from or relate to this Agreement, and the collection
and reimbursement to Developer of any reimbursement amounts (as hereafter
defined) owed Developer, "Reimbursement amounts" shall be defined as the
difference between the amount paid by Developer in conjunction with this
agreement and Developer's actual fair share as finally determined by the City,
The City agrees to make a good faith effort to require that each of the remaining
developers of the projects identified in Exhibit C pay their respective fair shares
and reimburse Developer for any monies paid by same which exceed its fair
share. Notwithstanding the foregoing, City and Developer agree that other
development projects that are within the area affected by the Mitigation Plan
may utilize Excess Traffic Capacity subject to the reimbursement provisions
provided herein. It is understood that the Excess Traffic Capacity may be
absorbed during the term of this Agreement through normal background and
related traffic growth and that to the extent such absorption occurs there will be
no reimbursement for the use of such capacity from other projects
7
6, Covenant Running with the Land. This Agreement on the part of
Developer shall constitute a covenant running with the land against the property
described in Exhibit A and shall be recorded, at Developer's expense, in the
Public Records of Miami-Dade County, Florida, within 10 days of the execution
date hereof and shall remain in full force and effect and be binding upon the
undersigned owner, and their heirs, successors and assigns until such time as the
same is modified or released by a written instrument executed by all of the
parties hereto. These restrictions during their lifetime shall be for the benefit of,
and binding upon, all present and future owners of the real property described
in Exhibit A and for the public health, safety and welfare.
7. Term. This Agreement is to run with the land and shall be binding
on all parties and all persons claiming under it for a period of three (3) years
from the execution date. If upon expiration of a period of three (3) years after the
execution date the Necessary Improvements have not been completed, then the
traffic mitigation benefits under this Agreement as applicable, shall expire and be
of no further force and effect and the Developer shall be subject to the then
existing rules and regulations governing traffic concurrency.
8. Future Ordinances. Developer understands and agrees that this
Agreement is not intended to preclude the City from enacting an ordinance that
would include the property described in Exhibit A in a special taxing district,
Traffic Concurrency Management Area or similar district that is of area wide
application. City understands and agrees that Developer is not waiving its rights
8
under law with respect to any credit or reimbursement to which Developer may
be entitled.
9. Modification, Amendment, Release. This Agreement may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
property upon which the Project is located, including joinders by all mortgagees,
if any, provided that the same is also approved in advance, in writing, by the
City's Manager, or his designee.
Should this Agreement be so modified, amended or released (with the
City's consent), the City's City Manager, or his designee, or his successor, shall
forthwith, upon Developer's (or its successors) request, execute a written
instrument effectuating and acknowledging such modification, amendment or
release, provided said instrument is in form acceptable to the City Attorney's
office.
10. Time is of the Essence. Time is of the essence and failure to timely
comply with the specified requirements hereof shall constitute a default
hereunder (e.g. timely delivery to the City of a satisfactory payment and
performance bond). In the event of such default by Developer, Developer agrees
that City may, in its discretion, rescind or revoke any building permit issued for
the Project and the Necessary Improvements and the Developer shall have no
claim against the City and City shall have no liability as a result of such
rescission or revocation.
9
ACKNOWLEDGED AND AGREED TO BY
226 Ocean Drive, Ltd:
By its general partner
226 Ocean Drive G,P., Inc.
//"J ,'~ )
By: ~-/:::. '- ~,~" ,.--.-:'" -
Print Nqme: '-~',;I! (.,
.- ) ,
Title: ) ~ ( t., ct' ,. '..d
Date: I (-~ 1<- / '/ '<
I
~~ c" -, " / t/
'-_/ .. ......,- (L
ST A TE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this s~ day of
OcXo~ , 1998 by Scott Greenwald, President of 226 Ocean Drive G.P., Inc.,
general partner of 226 Ocean Drive, Ltd" a Florida limited partnership. He/She
is ,Qersonally known to me or has produced as
identification and did (did not) take an oath.
~'C.)~~()_
Print Name: CQ..ISl" ..::. A 'D. (5 01~'7 f\ Lt L-
Title:
Serial Number
(if any)
My commission expires:
~~'{ P,,~ CRISTINA O. GONZALEZ
~&'t> COMMISION # CC 727273
~ ~ exPIRES MAR 23/2002
~t ~ 8ONDEOTHRU
~()f~~~ ATLANT1CBONDINGCO"tNC,
ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI BEACH:
By:
Print Name,
Date: /0 -
STATE OF FLORIDA
COUNTY OF DADE
.C
Print Name;})Ofl()'tt~y ~. I'dElItAJtG
A The foregoing instrum~ was ac~nowl dged before me this ~ day.of
U.flAbe-r- ,1998 by ~., 'H ,1.(.7- of the CIty
of Miami Beach, Florida. He/ he is persona y known to me <3-r has proauLeU
. 6\8 identification and did (did not) take an oath.
~U2J.
,.__lirR'ft.t, Ruth Rubl
kf "A'~ j MY COMMISSION /I CC624373 EXPIRE~
'~~'~i AprH 25. 2001
--, ,.fif..~'f'- BONDED THRlJ TROY FAIN INS! JRANCE, 1'1(:
My commission expires:
Print Name:
Title:
Serial Number
(if any)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~
~ ,,~Ci Attornev
(.()OI~}t-~ ~)
1I>/(,(f6
Date
11
EXHIBIT A
The Project is a 28 unit, 8 story condominium building at 226 Ocean Drive
and a 24 unit, 8 story condominium building at 225 Collins Avenue, Miami
Beach. The property on which the Project is to be located is legally described as
follows:
Lots 3, 4 and 5 Less the East 15 feet thereof, and Lots 12 and 13, in
block 3, of OCEAN BEACH, according to the Plat thereof, recorded
in Plat Book 2, at Page 38, of the Public Records of Dade County,
Florida,
The Project is the subject of a Miami Beach Design Review jHistoric
Preservation Board in File No, 9104J dated October 7, 1997, which more
specifically describes the Project.
CiTY OF MIAMI BEACH
CllY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
hnp:\lci,miami-beach, 11, us
C VlPOSITE EXHIBIT B
'__.J
,~
COMMISSION MEMORANDUM NO.
~ 5d.~9 g
TO:
Mayor Neisen O. Kasdin and DATE: September 23,1998
Members of the C ]-'ty Co mission
Sergio Rodriguez
City Manager ,"
Ocean Drive Cgridor (5th to 15th Street) Traffic Mitigation Plan
FROM:
SUBJECT:
RECOMMRNDA TION
The proposed traffic mitigation improvement plan for the Ocean Drive corridor between 5th and
15th Streets is put forth in order to satisfy the City's concurrency requirement for traffic circulation
and is attached, hereto, for infonnational purposes, Said plan involves the removal of a limited
number of parking spaces (east side of Ocean Drive), the installation of signalization at five (5)
critical intersections along Ocean Drive and Collins A venue, the installation of new street marking
and striping, implementation of street flow modifications (one-way pairs), the strict enforcement of
new traffic movement restrictions with use of new signage during peak periods, the installation of
left-turning lanes at critical intersections, the expansion of the Electrowave service along Ocean
Drive, the creation of (3) three designated passenger drop-ofli'pick-up bays for the expanded
Electrowave Wave shuttle service and monetary contribution towards the future expansion of the
Electrowave shuttle by the effected development projects.
BACKGROUND
It has been detennined by the City's Planning Department, Public Works Department, Police
Department, Parking Department, the Miami-Dade County Public Works Department, Civil Works
Inc., Post, Buckley, Schuh & Jernigan, Inc., Kimley-Horn & Associates, and the City's Municipal
Mobility Plan Consultant (Carr-Smith Corradino) that there currently exists a deficiency with regard
to the traffic circulation level-of-service (LOS) for a segment of Ocean Drive, More specifically, the
segment of Ocean Drive between 5th Street and I I th Street is deficient, with the existing LOS
operating at "E" during A.M. peak-hour and "F" during P.M, peak-hour. This LOS problem is also
present during the P.M. off-peak period and on weekends. Citywide, the adopted LOS for all
roadways (Arterials, Collectors, Local) is "D". The Ocean Drive corridor is arguably one of the most
scenic and widely recognized thoroughfares within the City and South Florida. It is located in the
heart of the Historic Architectural District.
This existing LOS deficiency will be further exacerbated and expanded along the corridor north to
15th Street by a number of projects currently under construction as well as by other projects (both
major and minor in nature) which have been recently approved by the Joint Design Review !Historic
AGENDA ITEM
6
q <2 3-9~
566
DATE
--
Preservation Board. If there is no comprehensive traffic mitigation improvement plan implemented
for the corridor, then the existing LOS for the Ocean Drive corridor will continue to degrade further,
in non-compliance with the City's Comprehensive Plan.
ANALYSIS
""
The traffic analysis of the subject corridor, clearly shows that the highest peak-hours for the traffic
volwnes are occurring during the midday time period of 12:00 - 1 :00 P.M., the evening time period
of 8:00 - 9:00 P.M. and the late night time period of 10:00 P,M, - 2:00 A.M. The segment where
the most severe traffic congestion and pedestrian conflicts are occurring is from 5th to 11 th Street.
More particularly, at the intersections of 5th, 7th, 8th, 9th and 10th Streets, There are no westbound
left turn lanes or stacking area present, which results in the blockage of northbound and southbound
through movements on Ocean Drive, when there is a greater demand for left turning movements.
The proposed mitigation improvement required for the corridor involves removing a limited nwnber
of the on-street parking on the east side along Ocean Drive, which would be used to improve the
traffic flow throughout the corridor by some roadway and intersection reconfiguration, street flow
modifications, increased transit service and transportation system management practices. The
removal of the parking spaces will allow for new street marking and striping and installation of
several left-turning lanes for westbound bound movement at the most congested intersections,
increasing both their operational capacity and efficiency. This mitigation improvement will also
provide a stacking area for westbound left turn vehicles, therefore reducing the blockage of the
northbound and southbound through traffic movements on Ocean Drive.
The new left turn lanes would be accompanied by the installation of new signal control devices on
Ocean Drive at the intersections of 7th, 9th and 11 th Street and modifications to the street flow
direction (one-way) on 7th, 8th and 14th Street between Ocean and Washington Avenue. There are
currently only two (2) signalized intersections along the entire Ocean Drive corridor at 5th and 10th
Street. Some additional signalization along Collins A venue at the 7th and 9th Street intersections
would be included as part of the traffic mitigation improvements. The new traffic signals would be
able to be operated manually by the Police Department, as needed, for improved management of
late-night and weekend traffic congestion. The implementation of all of the traffic mitigation
improvements would also provide for safer pedestrian and coordinated left turning movements from
Ocean Drive onto the side streets, while dramatically improving the level-of-service, operational
efficiency and reduce traffic congestion within the corridor,
Along with the addition of new left-turn storage lanes at the most congested intersections, a portion
of the remaining east side parking spaces will be used to create (3) three designated vehicle drop-
off/pick-up bays throughout the Ocean Drive corridor. These bays would be designed to
accommodate the exclusive use of an by an expanded Electrowave transit service on Ocean Drive
and for police (vehicles positioned to manage traffic congestion). No other vehicles would be
permitted to use these passenger drop-offlpick-up bay areas. The proposed expanded shuttle route
along Ocean Drive (northbound) would run from 5th to 13th Streets, turning west onto 13th Street
to pick-up/drop off passengers at the 13th Street parking garage, then proceed across Collins
Avenue to Washington Avenue and continue along the existing Washington Avenue route.
This traffic mitigation improvement plan (see attachments) will not only correct the existing level
of service deficiency, but will be sufficient to accommodate the projected additional new vehicle
trips to and frO:Q1 the following projects: Carlye Hotel - 1250 Ocean Drive; Edgewater Hotel _ 1410
Ocean Drive; Bentley HoteI/Friday's Restaurant - 510 Ocean Drive; Victor Hotel _ 1200 Ocean
567
Drive; Breakwater - 940 Ocean Drive; Mango's Tropical Cafe and'Hotel- 900 Ocean Drive; 1058
Ocean Drive; 1458 Ocean Drive; Ocean Five - 458 Ocean Drive; 1350 Collins Avenue; 226 Ocean
Drive and Ocean Parcel - Ocean Drive and S. Pointe Drive. Furthermore, these traffic improvements
will add sufficient capacity for some additional projects development and redevelopment in the
affected area.
The plan being reported today fully addresses the existing and projected LOS issues for the Ocean
Drive conidor resulting from changes in population, demographics, seasons and special events, as
well as development and redevelopment activity in the immediate area and the City as a whole. The
cumulative effect from the implementation of all components of said mitigation plan will ensure that
the Ocean Drive conidor will continue to operate acceptably well into the foreseeable future and will
be able to meet the City's traffic circulation concurrency requirements. The intention of the plan is
consistent with the findings and recommended traffic solutions within the draft Miami Beach
Municipal Mobility Plan, which is currently nearing completion for adoption by the City .
CONCLUSION
Based on the foregoing background and analysis, the Administration has concluded that the
proposed traffic mitigation plan for Ocean Drive between 5th and 15th Streets service is acceptable.
As such, the Administration is prepared to develop and execute a Mitigation Agreement with the
developers of the above described projects, thereby setting in motion a request to the appropriate
agencies for coordination and effectuation of this plan as soon as possible. All costs associated with
the implementation of the prescribed traffic mitigation improvements will be paid solely by the
developer of the above mentioned projects and any other future project developers which utilize the
operational capacity created by the effectuation of the subject mitigation plan. The Administration
is required to only report mitigation plans to the City COmmission. No action is required.
Enc.\h \~.
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568
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Exhibit C
Projects included in the Mitigation Agreement and Mitigation Plan for Ocean Drive and
Collins Avenue Between 5th and 15th Streets:
1250 Ocean Drive
1410 Ocean Drive
510 Ocean Drive
940 Ocean Drive
1058 Ocean Drive
458 Ocean Drive
Ocean Parcel
DRB File No.
98181
96131
80811
98111
105091
103721
7385,9611
Note: Additional projects (e.g, a permit applicant for change or extension of use) which
are not required to secure DRB approval, and therefore do not receive a DRB file
number, may be eligible to use Excess Traffic Capacity,
(t'f'1 CC.C:f"1tt{ ft(.<.' /lcrl1ltJ7-Jc-lr/('/lrfl~'
CITY OF MIAMI BEACH
Office of City Manager
Interoffice Memorandum
m
To: Date: August 30, 1999
From: tth Schwartz
ssistant City Manager
Subject: Release of Agreement for 226 Ocean Drive
Please sign the attached release of agreement for the subject property located at 226 Ocean Drive.
The release of agreement has been reviewed and approved by the Legal Department for proper
content and legal sufficiency. The release of agreement for the development project is for
concurrency related traffic improvements associated with the Ocean Drive mitigation plan.
The 226 Ocean Drive project has already signed onto a new mitigation agreement and has provided
to the City, a check for their fair-share participation and costs towards implementation of required
traffic improvements, The new mitigation agreement would replace the earlier executed agreement.
However, before the new mitigation agreement can be fully executed and recorded, the project will
need to be releas~from the first agreement, which was signed by the City Manager.
Please note, that all of the required traffic mitigation improvements for the Ocean Drive corridor will
be funded by development projects that have been identified as using some portion of the excess
vehicular capacity created from the improvements. The actual implementation of the required
mitigation improvements will be done by the Public Works Department. The City will have no fiscal
obligations under the new agreement.
If you should require any additional information, please contact Joseph Johnson at Ext. 6185.
MS/JJ/jj
cc: Julio Grave de Peralta, Director of Public Works
Raul Aguila, First Assistant City Attorney
Joseph Johnson, AICP, Transportation and Concurrency Manager
CITY OF MIAMI BEACH
Planning Department
Interoffice Memorandum
m
To: Raul Aguila, First Assistant City Attorney
From:" Joseph JOhnsO~CP, Senior Plaoner
Date: July 13, 1999
Subject: Release of Agreement (226 Ocean Drive)
Please find attached a copy of the revised release agreement for 226 Ocean Drive sent to me by Mike
Radell. Please review and make any changes deemed necessary for execution by the City Manager.
If you have questions regarding this matter, contact me at ext.6185,
,-2.\- 0(1
OL C</J ~ ~~ ~~"
4kJCA
;
3053776222 BERCaw & RADELL PA.
Release of Agreement
070 P02/04 JUN 30 '99 15:02
Whereas. 226 Ocean Drive, Ltd. and City of Miami Beach, had heretofore
executed an agreement recorded in Official Records Book 18328. at Page 2032 of the
Public Records of Miami-Dade County, Florida, (the "Agreement") concerning the
property described in Exhibit A attached hereto (the "Property"), and
Whereas, said Agreement had been executed in connection with a building permit
for construction at the Property, and
Where",';, subsequent to the execution of the Agreement, the parties hereto have
agreed that the owner of the Property shall contribute its pro rata fair share towards
implementation of the Ocean Drive Traffic Mitigation Plan.
Now Therefore, in consideration of the premises and by virtue of the provision in
the Agreement, the same is hereby released and declared of no further legal effect, null
and void, and the Clerk of the Circuit Court of Miami-Dade County, Florida, is hereby
directed to note the same upon the records and expunge the same from the public records,
D<l-tc;d at MiCl.mi-Dad~ County, FloridCl., this _ day of , 1999,
f
3053776222 BERCaw & RADELL PA.
070 P03/04 JUN 30 '99 15:03
ACKNOWLEDGED AND AGREED TO BY
226 Ocean Drive, Ltd:
By its general partner
226 Ocean Drive G.P" Inc.
By:
Print Name:
Title:
Date:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
, 1999 by Scott Greenwald, President of 226 OceWl Drive G.P" Inc.,
general partner of 226 Ocean Drive, Ltd., a Florida limited partnership. He/She is
personally known to me or has produced as identification
and did (did not) take an oath,
Print Name:
Title:
Serial Number
(if any)
My commission expires:
~
3053776222 BERCaw & RADELL PA.
070 P04/04 JUN 30 '99 15:03
ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI BEACH:
By:
Attest:
City Manager
City Clerk
Print Name:
Date:
Print Name:
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was aCknowledged before me this
, 1999 by
Miami Beach, Florida.
day of
of the City of
He/She is personally known to me or has produced
as identitic;ation and did (did not) take an oath.
Print Name:
Title:
Serial Number
(if any)
My commission expires:
j
3053776222 BERCaw & RADELL PA.
070 P01/04 JUN 30 '99 15:02
BERCQW & RADELL, P.A.
F'.CSIMILE TRANSMITTAL SHEET
TO:
FROM:
Joseph Johnson
COMPANY,
Michael Radell
PHONE NUMBER,
DATE,
June 30, 1999
TOTAL NO, OF PACES INCLUDING COVER,
4
SI~NOF.R'S ~r.FF.~F.NCE NUMBER,
1199.1
FAX NUMBER:
673-7559
RE:
YOUR KEfERE.NCE NlIMflF.n.,
o URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REI>L Y 0 PLEASE RECYC1.E
THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL
AND IS IN7'ENDED ONLY FOR mE USE OF mE INDIVIDUAL NAMED ABOVE AND OTHERS WHO H.rl ve
BEeN SPEOFlCALLY AUTHORIZED TO RECEIVE SUCH. IF THE REC/PIENT IS Nor THE INTENDED
RECiPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMiNA710N, DISTRfBUTlON OR
DUPUCArrON OF THIS COMMUNICATION IS STRICTLY PROHI8rTED. IF YOU HA VE RECEIVED THiS
COMMUNICl TlON IN ERROR, OR IF ANY PR08LEMS OCCUR WITH TRANSMISSION, PLEASE
lMMEDlA TEl Y NOTIFY US BY TELEPHONE (.101) 374-1.100,
NOTES/COMMENTS,
COMMENTS,
Enclosed please find the document you requested.
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200 S. BISCAYNE BOULEVARD, SUITf 00, MIAMI, PL JJ\Jl-:H)
BERcaw & RADELL, P.A.
MEMORANDUM
TO:
Scott Greenwald
i--
FROM:
Mike Radell
SUBJECT: 226 Ocean Drive Release of Agreement
~,., ...
DATE:
July 3D, 1999
, .
r:-.
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r.",::
The City has misplaced the original release agreement. Please sign the
enclosed agreements, have your signature notarized, and forward the originals
to Joseph Johnson for execution by the City Manager, Please call me if you have
any questions.
~
200 S. BISCAYNE BLVD., SUITE 850
MIAMI, FLORIDA 33131
(305) 374.5300 PHONE
(305) 377.6222 FAX
Release of Agreement
Whereas, 226 Ocean Drive, Ltd. and City of Miami Beach, had heretofore
executed an agreement recorded in Official Records Book 18328, at Page 2032 of the
Public Records of Miami-Dade County, Florida, (the "Agreement") concerning the
property described in Exhibit A attached hereto (the "Property"), and
Whereas, said Agreement had been executed in connection with a building permit
for construction at the Property, and
Whereas, subsequent to the execution of the Agreement, the parties hereto have
agreed that the owner of the Property shall contribute its pro rata fair share towards
implementation of the Ocean Drive Traffic Mitigation Plan.
Now Therefore, in consideration of the premises and by virtue of the provision in
the Agreement, the same is hereby released and declared of no further legal effect, null
and void, and the Clerk of the Circuit Court of Miami-Dade County, Florida, is hereby
directed to note the same upon the records and expunge the same from the public records,
Dated at Miami-Dade County, Florida, this _ day of
, 1999.
I
ACKNOWLEDGED AND AGREED TO BY
226 Ocean Drive, Ltd:
By its general partner
226 ~C:~? ;Co,=-,
By: v
Print Name: c::-.-c 0 r/ c:.:: --c <- '-~.. 1<.(1
Title: />.. ~. ~e <.---r-
Date: ~ / 3/ '9 I
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this "3 r$ day of
~v~~ , 1999 by Scott Greenwald, President of 226 Ocean Drive G.P" Inc.,
general partner of 226 Ocean Drive, Ltd., a Florida limited partnership. He/She is
personally known to me or has produced as identification
and dId (did not) take an oath.
~ ~d../
Print Name: '""~~\~ ~""'~\\
Title: ~~ P...Ydft:-
Serial Number
(if any)
My commission expires:
I
ACKNOWLEDGED AND AGREED TO BY
CITY OF MI MI BEACH:
By:
Attest:JiLwY P~lck
City Clerk
Prin Name: ....=sC'Y(J/',-, 2dnj(;r'L
Date: 9/~/7J
I
Print Name: (oBt;,"iLT e',A-IZQH8L
STATE OF FLORIDA
COUNTY OF DADE
The foregoing instrument was acknowledged before me this 7 day of
S-e-.pk yY\ bey--, 1999 by Se~?S () --earl),}-l <:j v'C. 7 , Q:~ rYlt:lnt.(~r'lr of the City of
Miami Beach, Florida. He he is personally known to me, Of lUB jJlodUl,;t;J
;1<;: iclpntifi{'~ti()n and did (did not) take an oath,
~d~~'
""""" Ruth Rubi
fiAt!':,.ry,!??\ MY COMMISSION * CC624373 EXPIRES
~':' :'~ April 25, 2001
':.:;j;,.,., .,Ii BONDED ~u TRDV FAIN INSURANCE, INC.
""lqr'I~\"
Print Name: ~I} l!Iz"
Title: .-1Jo r J1; Ir '
Serial Number
(if any)
My commission expires: