File Ref. #108
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I~ND'h'C\ 'KbCOQ1)lNG-
This instrument was prepared by:
1), p";' A.
(;.
tr .
\-- v-f.e S '~?L .
Name:
Address:
Lucia A. Dougherty
1221 Brickell Avenue
Miami, Florida 33131
(5 ace resen'ed for Clerk)
MITIGATION AGREEMENT
This Agreement is entered into between Mount Sinai Medical Center of Greater Miami,
Inc, ("Mount Sinai") and the City of Miami Beach (the "City"),
Chapter 122 Code of the
WHEREAS, pursuant t01\SeetlElR 22 J .0(31 of the^City of Miami Beach Ordinance No.
S9 2€l€i5 (tae "ZtHHHg Oraisanee"j and Rule 9J-5.0055(3)(c)(3), Florida Administrative Code, the
City is authorized to enter into development agreements; and
WHEREAS, Mount Sinai and the City (with respects to paragraphs B and Conly)
represent and state that:
A. Mount Sinai owns or has interest in property located within the City of Miami
Beach, Florida, as more particularly described in Exhibit A attached hereto and Mount Sinai has
proposed new construction and modification of existing parking garages on the land in which it
pursuant to Design Review File No. 7947
has an interes'1\(the "Project"),
B. Mount Sinai has proffered to the City and the City has reviewed and accepted this
mitigation plan to address traffic concurrency issues for Alton Road between 43rd Street and 47th
and adjustments to the existing median
Street. The proposed traffic signalization improvementsNhat constitute the mitigation plan are _
described in Exhibit B attached hereto (the "Mitigation Plan").
C. The City has determined that, upon completion of the modifications listed in the
Mitigation Plan, the existing public infrastructure, together with the Mitigation Plan, will
accommodate the traffic impacts of the Project, as required by the City's Concurrency
~ Chapter 122 Code of the City of Miami Beach
Management System codified as S(.d~Oll 22-JAet. seq. of the^Zem1n!; Ofainanee:,
\(
NOW, THEREFORE, for and in consideration of the covenants contained herein and
other good and valuable consideration, the receipt of which is hereby acknowledged, it is hereby
understood and agreed:
A. The above recitals are incorporated herein and made a part hereof.
1, Mount Sinai agrees to implement the Mitigation Plan including, without limitation,
preparation of all applications and studies and funding of all engineering expenses, labor,
materials, and permit fees at Mount Sinai's sole cost and expense. Mount Sinai has prepared or
will prepare all required studies and applications as soon as reasonably possible after the issuance
of building permits for the Project. Within twenty (20) business days of the issuance of all
for the Mitigation Plan
required permit"by the Florida Department of Transportation, Miami-Dade County, and the City,
Mount Sinai agrees to commence the implementation of the modifications listed in the Mitigation
Plan, It shall be Mount Sinai's responsibility to effectuate the timely commencement and
completion of the Mitigation Plan.
No later than 30 days after issuance of the building permit for the
2, Prier to the is:manee of publie '.\'0rl:S permits fer tlUJ ~~HHlt~fn~~tlof1ount Sinai
shall be required to submit evidence acceptable to the City thatNts contractor has secured a
payment and performance bond, in a form acceptable to the City Attorney's office and the Public
Works Department, insuring timely completion of all aspects of the Mitigation Plan, The terms
and. co.tlditions of said bone! shall include., inter alia, that the. Citv is. a narner!. henpficiarv r\.flthp
, ~s ~n an amount equal to exceedLng the cost est~ma~e ~~r rrre~r1~aLIon~.~~,
bonct.Aa.R4-may exercise its rights under the bond if the Mitigation Plan has not been completed
prior to the first request for a Certificate of Occupancy (temporary or final) by Mount Sinai for
the Project.
-
Project}
-
and
.
3, The implementation of the Mitigation Plan shall commence as soon as possible
after the issuance of building permits for the Project and shall continue with diligent effort in good
faith without delay until completion of the Mitigation Plan, Notwithstanding anything to the
contrary contained herein', Mount Sinai hereby acknowledges and agrees that the Mitigation Plan
improvements shall ~be "open to traffic" prior to the issuance of any Certificates of Occupancy
(temporary or final) for the Project; however, the City may eA"tend, in its sole discretion, the time
for commencement or completion of any of the improvements described in Exhibit B 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, so long as it is reasonably expected that the Mitigation Plan will be completed within
the time frames established by the Florida Statutes and the Florida Administrative Code, and any
applicable City Code or Ordinances,
4, The City recognizes that the implementation of the Mitigation Plan by Mount Sinai
may create Excess Traffic Capacity over and above that which is necessary to address existing
deficiencies as well as provide the capacity necessary to serve the traffic attributable to the
one month
Project. The City agrees that for a period of five yearlffter the effective date of this Agreement,
to the extent that the City in good faith identifies projects not included within this Agreement that
will utilize the excess capacity created by the Mitigation Plan (i,e" capacity that becomes available
as a result of the implementation of the Mitigation Plan which is not allocated to or utilized by the
Project and which is not absorbed by background or other related traffic growth) (the "Excess
Traffic Capacity") and only to the ex.1ent Excess Traffic Capacity is created by the Mitigation
Plan, the City shall utilize good faith to prepare an estimated calculation of the approximate fair
share for such projects, The City will request written evidence from such projects of the payment
of such fair share to Mount Sinai or its successors prior to the issuance of permits for such
projects. 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
absorp!io~ occurs then~ will bfe. no reimbursement (or the use of such canacitv from other projects.
The C1ty s.good fa1th ~ forts sha 1 enta11 pIac1ng an annotat~on, along with a copy of this
Agreement ln the DRB flle for each affected project indicating that each must pay its fair
5, A representative from the City will execute upon request from Mount Sinai anx share to
1.. . d fi .... f' h Mount Sinai.
permit app IcatIOns reqUIre or constructIOn or ImplementatIon 0 the Improvements t at
.
constitute the Mitigation Plan 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 Mount Sinai,
6, During the term of this Agreement, provided that Mount Sinai is in compliance
.
. h hi d'd' D ' R ' for the Proje<;.t, i,s
WIt t S Agreement an provI ed that Its eSlgn eV1ew Board ("DRB") apprOV~al1d, tne
Project will be entitled to receive permits and certificates of occupancy in accordance with the
City's laqd develop~ent r~gu1at~oq$. .
Z6fHftg Of6Ift8.RCe and the Soutn: Florida tsUlldmg Code, based upon the City's determination that
the Mitigation Plan will meet traffic concurrency for the Project. Modifications of the Project will
be permitted so long as the total number of trips iR tA8 fHtak A9Hr pleri9as generated by the Project
does not increase and provided that such modification is otherwise permitted pursuant to any
applicable City Codes or Ordinances.
7, The terms and conditions of this Agreement shall be deemed to be a covenant
running with the lands described in Exhibit A and shall inure to the benefit of and be binding upon
the owners, heirs, personal representatives and successors of Mount Sinai and against all persons
claiming by, through or under it unless this Agreement is modified or released by the parties
or unless it. e~pir~s by the e~press term~ h~reQf ,
heretCA Mount Sinal snall record tfiis Agreement In tne PublIc Records of Dade County at Its own
with1d 30 days of the execution hereof by both parties
expensn The City agrees that upon full and satisfactory completion of the improvements
contemplated by the Mitigation Plan that it will execute a notice of completion and release in a
form acceptable to the City Attorney's office upon request from Mount Sinai,
8, The effective date of this Agreement shall be the date that the last of the City and
Mount Sinai signs and acknowledges this Agreement.
9, This Mitigatiofl Plan SHall be iR eff><8et for a plerioa eeflsisteRt ",'lith the time perieel
pn~'\'ig@s ia. R-llle 9J 5,00)5(3)((:)], Florida .^..dmiaigtrati','8 Coae 1::1Bdess teffniHatea earlier ifl
. 24 months
aee8rsan(:e 'Nith tAi prgui&iGR& gf thig AgreemeRt. If upon expiration of a period ofAfi'v'e yeMs
and f'\
after the effective date, the Mitigation Plan has n'ot been completed~ the Project has not been
completed (as evidenced by the issuance of a certificate of occupancy or certificate of use as
applicable for the Project), then the traffic mitigation benefits under this Agreement shall expire
and be of no further force and effect and Mount Sinai shall be subject to the then existing rules
and regulations governing traffic concurrency,
10, This Agre~ment may be executed in counterparts,
.
-
----"
11, Mount Sinai 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 Mount Sinai of any "fair share" reimbursement amounts owed Mount Sinai.
12, Mount Sinai understands and agrees that this Agreement is not intended to preclude the City
from enacting an ordinance that would include the Mount Sinai property in a special taxing district,
Traffic Concurrency Management Area or similar district that is of areawide application. City
understands and agrees that Mount Sinai is not waiving its rights under law with respect to any credit
or reimbursement that Mount Sinai may be entitled.
~
Signed, witnessed, executed and acknowledged this /> ( day of jtTtJ ttfl-, 1998.
MOUNT SINAI MEDICAL CENTER OF
GREATER MIAMI, INe.
~",--\,~.~'t
l
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF DADE
11 The foregoing instrument was acknowledged before me this 0 I day of t~ t; , 1998 by
-1\ 0.t--L't.:<- ",-'T JIJ it (cui L .l/~, on behalf of Mount Sinai Medical Center of Greater Miami, Inc.,
and who executed the foregoing document on behalf of said corporation. He personally appeared
before me, is versonallv known to me or produced as identification, and [did] [ did not]
take an oath.
[NOTARIAL SEAL]
Notary: ~) /4-.. ";-;;;;ft~
Print Name: ,<- 0)(1 c:_ 14-, 70. Lf /..1;)f-
Notary Public, State of FLc..~ r J '(((;,1-
My commission expires: ~t . .J, 11 ,;t 00 ;L
..~v J>(J OFAClAL NOTARY SEAl. ,
O'.~~ ROXIE A TAYLOR
~ ('I CO,.....,.. IlU--
. .. -....
~ ~ CC737761
~ ~ MY CCMoISIIoH I!XPIMS
OF fl.O APR. 27 2002
CITY OF MIAMI BEACH
By:
\
. !
Attest:
'.I.l \ Y j
, : " /" ..
i~~. (J Gu-1( , f i/LA L jJJ\..
City Clerk
STATE OF FLORIDA
)
)
)
SS:
COUNTY OF DADE
The foregoing instrument was acknowledged before me this LSJay of C C T ,1998 by
SE i~G in R 0 {)f(. I ('-u e- 'Z- , Manager of the City of Miami Beach, on behalf of the City. He
e~~sonaIly appeared before me...is.$~naUy known to me or produced as
identification, and [did] [did not] take an oath.
[NOTARIAL SEAL]
Notary: !3~j,:cb..;< Q/u~
Print Name: bE='1\1 II tl R.II It RG-ClS
Notary Public, State of Flo'<'l b r:t-
My commission expires: Dee. 5; r q CJ C{
IC AL NOTARY SEAL
BENITA RuiH ARGOS
NOTARY PUBLIC STATE OF FLORIDA
COMMISSION NO. CC515758
MY COMMISSION EXP, DEe 5.1999
APPROVED AS TO
FO~ & lANGUAGE
& FOR EXECUTION
~
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.
EXHIBIT "A"
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P.02/08
C I T'Y OF M IA.M, I BEACH
CITY HALL 1100 CONVeNTION CENTER ORIVE MIAMI BEACH. FLORIDA 33138
_:\\oI.mIlm.....ft,1II .,.
.
to
-
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EXHIBIT "B"
COMMISSION MEMORANDUM NO.
TO:
Mayor Ne!HD O. KasdiD aad
Meenben of tbe City Coaamiuioa
DATE: September 13,1998
FROM:
Sergio Rodrlguez
City MaDlger
SUBJECf:
Mouat SmaJ Multi-Modal enter Trame Mitie-tlOD Pbln
RECOMMEND~TION
The proposed 1mffic mitigation improvement plan for the MOlmt Sinai Multi-Modal Center located
at the Mount Sinai Medical Center is attached. hereto, for informational purposes. Said plan involves
the construction of a park-and-ride facility, enhanced transit service. future Electrowave shuttle
recharging station, an ad~t to an existing traffic separator and center mediaD; new pavement
marlcing and restriping, insfallation of a raised center median and traffic signal retiminglrephasing,
and is put forth in order to satisfy the City's concurrency requirement for traffic circulation. The
Commission does not need to take any action on said plan.
:BACKGROUND
It has been determined by the City's Planning Department, Public Works Department, the Florida
Department of Transportation (FDOT), David Plummer & Associates, Kimley-Hom & Associates,
and the City's Municipal Mobility Plan ConsWtant(Carr-Smith Corradino) that there currently exists
a deficiency with regard to traffic circulation level-of-service (LOS) for a segment of Alton Road.
More specifically ~ the segment of Alton Road between 43rd Street and 47th St:eet is deficient, with
the existing LOS operating at "F' during peak periods. Citywide~ the adopted LOS for all roadways
(Arterials, Collectors, Local) is "l)". The Alton Road corridor is one of the most critical arterials and
is a: primary hurricane evacuation route within the City of Miami Beach.
This LOS deficiency will be further exacerbated by a number of projects cummtly under
construction and other projects (both major and minor in nature) which have been recently appI9ved
by the Joint Design ReviewlHistoric Preservation Board. If there is no comprehensive traffic
mitigation improvement plan implemented. for the conidor, then the existing LOS for the Alton Road
cor.ridor will continue to degrade even further, in non-compliance with the Citfs Comprehensive
Plan.
ANAL YSlS
T'ne traffic analysis of the subject corridor, clearly shows that the highest peak-hours for the traffic
volumes, which are creating the LOS deficiency, are occurring during the morning time period of
ACENDA ITEM
DATE
PLRNNING & ZONING
Fax:3056737559
Sep 29 '98 15:30
P.03/08
8:00 . 9:00 A.M. and the evening time period of 5:00 - 6:00 P.M., particularly, at the intersections
of 43rd and 47th Streets. At the intersection of Alton Road and 43rd Street. during the A.M. peak-
hoUl', large volumes of traffic are being recorded on Alton Road, which indicate that the SOutbb01Uld
movement is the peak direction in the moming. Light traffic volumes have been recorded on 43rd
StreetlSullivanDrive on the east-west direction. The majority of vehicles traveling in the southbound
direction are attempting to enter the on-ramp to the Julia Tuttle Causeway, Due to the proximity of
the ramp to the intersection, some delays and conflicts are caused when vehicles change lanes to
enter the causeway.
During the P.M. peak-hour moderate to heavy traffic volumes are being recorded on Alton Road in
the northbound and southbound directions. Moderate and light traffic have been recorded on th~
eastb01md and westbound directions respectively. The number of vehicles coming out of the MOWlt
Sinai Medical Center during the P.M. peak was significantly higher during the A.M. peale.
The proposed mitigation improvements required for these two (2) critical, but deficient, int.ersections
would entail some adjustment of the traffic separator on the 'WeSt side of the 43rd Street intersection,
with an adjustment of the median "nose" on the north side intersection and pavement striping
adjustments. Signal retiming and repbasing is required for both the 43rd and 47th Street
intersections. Also included in the mitigation plan is the installation of a raised center median along
North Bay Road to prevent traffic intrusion of vehicles leaving the medical center from making a
left turn onto North Bay Road.
The recommended traffic mitigation improvements, combined with the anticipated overall benefits
to be received from the presence of multi-modal facility near one of the City's busiest causeway will
provide a greater opportunity for visiting motorist to parle their vehicles and use mass transit or
possible expanded Electrowave shuttle service for safe and reliable alternative travel around the
City. The reduction of vehicles on the City's roadway network would dramatically improve
operational efficiency of the corridor.
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 from the Carillon Hotel project. Furtben:nore, these traffic improvements could add
sufficient capacity for some additional projects development in the affected area.
It should be noted that a separate traffic mitigation improvement plans for the segments of ~ton
Road between 6th and 20th Street required from other projects bas been already approved by the
City Commission in May and September 1998. These p~ as well as the one being reported today,
fully address the existing and projected LOS issues for the Alton Road corridor resulting from
changes in population, demographics. seasons and special events, lIS well development and
redevelopment activity in the 1m mediate aml as well as the City as a whole. Tne cumulative effect
from the implementation of all mitigation plans will ensure that Alton Road will continue to operate
acceptably well into the foreseeable future and will be able to meet the CitY3 uaffic circulation
concurrency requirements.
PLANNING & ZONING
CONCLUSION
Fax:3056737559
Sep 29 '98 15:31
P,04/08
Based on the foregoing background and analysis, the Administration has concluded that the
proposed traffic mitigation plan for Alton Road between 43rd and 41th Streets 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
developers 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.
Ene.
JG/DG/U/jj
PLANNING & ZONING
Sep 29 '98 15:31
P,05/08
Fax:3056737559
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G = Green
Y = Yellow
AR. = All Red
see = Seconds
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<301> = Traftic 19nal
v
SW K = Sidewalk
~ =- Pavement
Striping
EXISTING SIGNAL PLAN
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Y = 4.0 see
AR .. 1.0 see
G = 24.0 see
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G "" 30,0 see;:
Y = 3.0 see
c= 166 see
4:00 pm to 6:00 pm
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Y - 4.0 see
All "" 1.0 see
G = 20.0 see
Y - 4.0 see
AR '" 1,0 see
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Y = 4,0 see
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EXl-H BIT
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THE CARILLON HOTEL
REDEVELOPMENT
TRAFFIC MlTICAT10N
ALTON RD./4, STREET
EXlsnNC CONDITION
lA
PLANNING & ZONING
Fax:3056737559
ci
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TRAFFIC
SEPARATOR
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LEGEND
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G = Green
Y '"" Yellow
AR "'" All Red
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v
SW K = Sidewalk
~ = Pavement
~ Striping
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Sep 29 '98 15:31
PROP05ED SIGNAL PLAN
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7:00 am to 9:30 am
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4:00 pm to 6:00 pm
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NO( Applicable
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y ... 3,0 see
P,06/08
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Y = J.Osec
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ed PtlQJ~CT, T1T~.. EXHIBIT
THE CARILLON HOTEL AlTON RD./4J STREET
REDEVELOPMENT 18
TRAFFIC MITIGATION PROPOSED CONDmON
~.
PLANNING & ZONING
Fax:3056737559
-
Sep 29 '98 15:32
P.07/08
47 STREET
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EXISl'1NG SIGNAL PLAN
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4:00 pm to 6:00 pm
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EXHI8rT
THE CARILLON HOTEL
REDEVELOPMENT
TRAfFiC MITIGATION
47 ST/AlTON RO,
EXISTING CONDITION
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7:00 am 10 9:30 1m
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4:00 pm to 6:30 pm
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THE CARIUON HOTEL
REDEVELOPMENT
'TRAFFIC MmG.4.T10N
TIT,Eo
EXHIBIT
47 ST/ALTON RD.
PROPOSED CONOmON
28