File Ref. #115
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This instrument was prepared by:
Name: Alan S. Krischer, Esq.
Address: Greenberg, Traurig, PA
1221 Brickell Avenue
Miami, Florida 33131
(Space reserved for Clerk)
JOINDER TO MITIGATION AGREEMENT
This agreement is entered into between The Lofts at South Beach, Inc. ("Owner") and the
City of Miami Beach ("City"):
WHEREAS, Owner seeks to be bound by the terms of the Mitigation Agreement between
The Parkshore, Inc. ("Parkshore") and the City of Miami Beach dated July 24, 1998, and
recorded in Official Records Book 18232 at Page 2892 of the Public Records of Miami-Dade
County (the "Mitigation Agreement"), except as provided herein; and
WHEREAS, the Owner and the City, respectively, state that:
A. Owner is the owner of property located at 1403 Dade Boulevard in the
City of Miami Beach, Florida, as described in the attached "Exhibit A"; and
B. The City has reviewed and accepted the Mitigation Plan referenced in the
Mitigation Agreement. The Mitigation Plan addresses traffic concurrency issues for
Alton Road between 17th and 18th Street, which includes the Project associated with the
Lofts as described in the Mitigation Agreement; and
WHEREAS, the City of Miami Beach Design Review Board ("DRB") has issued an
approval under DBR File No. 8938, which approval is currently valid (the "Project");
NOW THEREFORE, for and in consideration of the covenants contained herein, it is
hereby understood and agreed:
1. Recitations. The above recitations are acknowledged by the parties as true and
correct. Capitalized terms and other phrases herein shall have the same meaning as in the
Mitigation Agreement.
2. Joinder bv Owner. Except as provided herein, Owner hereby joins into the
Mitigation Agreement and acknowledges 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 interest as if Owner were an original signatory thereof except as modified
herein. City hereby acknowledges that Owner has joined into the Mitigation Agreement as per
Paragraph 11 therein, and acknowledges that each and every term, provision, benefit and
obligation of the Mitigation Agreement is hereby applicable to Owner except as modified herein.
3. Issuance of Permits. The Owner will make appropriate arrangements with
Parkshore for payment of Owner's fair share of the mitigation plan costs '("MPC"), including the
conceptual cost estimate and any further payments or refunds as the job progresses beyond the
initial payment, as described in Paragraph 7 of the Mitigation Agreement ("Further Payments or
Refunds"). If Owner seeks to obtain a building permit prior to the completion of the mitigation
plan, then upon the completion of all of the following:
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A. The payment of Owner's fair share of the conceptual cost estimate;
and
B. The Owner's providing to the City evidence that Owner has made,
and Parkshore has accepted, appropriate private arrangements with
Parkshore for Further Payments or Refunds, together with evidence that
Parkshore acknowledges that City has fulfilled its obligation to Parkshore
that a fair share payment be made to Parkshore prior to issuance of a
building permit for the Lofts project as provided in Paragraph 6 of the
Mitigation Agreement;
then the City agrees that such shall satisfy the requirements of the City's Concurrency
Management System previously codified as Section 22-3 et seq. of the City of Miami Beach
Ordinance No. 89-2665 ("Zoning Ordinance"), currently codified in Section 122-1, et. seq., of
the Code of the City of Miami Beach (the "Concurrency Management System") sufficient for the
issuance of a building permit for the Lofts Project, and the Owner will be entitled to receive a
building permit in accordance with the City's land development regulations and the South
Florida Building Code. Owner acknowledges that Owner and Parkshore have reached or shall
reach appropriate private arrangements for the assurance of each parties interests with respect to
the initial payment of the conceptual cost estimate, and that such assurances are acknowledged by
Owner as adequate to protect Owner's interests if such payment is made prior to Parkshore
obtaining a bond as provided in Paragraph 4 of the Mitigation Agreement or completion of the
Mitigation Plan, and the Owner indemnifies and holds the City harmless from any claim, loss or
damage resulting from such payment to Parkshore and any failure to timely complete the
Mitigation Plan.
The Owner further agrees that in the event that the bond provided in Paragraph 4 of the
Mitigation Agreement is not provided to the City by Parkshore prior to May 1, 1999, then Owner
shall provide evidence to the City that such a bond has been obtained prior to May 30, 1999.
Owner recognizes that compliance with the terms of the preceding sentence may require Owner
to secure such bond itself. Owner also acknowledges that any building permits issued for the
Project shall be contingent upon compliance with the terms of this Paragraph, and that if the
bond is not obtained within the time frames established herein, then the City may stop work on
the Project and issue a stop order any building permits until such time as the bond is obtained.
The Owner further indemnifies and holds the City harmless from any claim, loss or damage
resulting from the cessation of work under such building permits due to failure to timely provide
the bond.
4. Covenant Running with the Land. This Joinder to Mitigation Agreement shall
constitute a covenant running as provided for in Section 10 of the Mitigation Agreement, and
shall be recorded in the public records of Miami-Dade County at the expense of the Owner
within ten (10) business days of the effective date hereof.
5. Effective Date. The effective date of this Joinder shall be later date of the
signature of the parties hereto. This Joinder shall not affect the effective date of the Mitigation
Agreement or any time frames set forth therein.
2
ACKNOWLEDGED AND AGREED TO BY:
The Lofts at South Beach, Inc.
By:/f{'1;; /)121:?:-;
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COUNTY OF MIAMI-DADE )
, The foregoing instrument was acknowledged before this ,: +1, day of J)0 J . , 1998
by ;/:... fr;,{.' J. 1..At".''''' :,7....0 , on behalf of The Lofts at South Beach, Inc., and who is
personally known to me (or who has produced F be- -rt,.L /D.2. - j-!~, ..~.:.. . ~~ ~;.::.., G as
identification), and who did take an oath. /J .~") ,///',
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,/N6TAi~p~LIC(~G
ACKNOWLEDG~NT
Print Name: L. ,..).::. (,'
Commission Number:
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Expires Jul, 27, 2000
ACKNOWLEDGED AND AGREED TO BY CITY OF MIAMI BEACH:
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Attest:j7~ C) -PCU~
City Clerk
Print name: RoB~T P Arz.cHI:JL
Date:
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STATE OF FLORIDA )
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COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before this --.L day of AJoIlOn~, 1998
by .sern ~ n ~&.n ~ ue- 'Z- She/He is personally known to me (or "J. ho has pr66\:leee
-=---a itS idlimtificatien), and who did take an oath.
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NOTARY PUBLIC TAKING
ACKNOWLEDGMENT
",';;pl;.",
.'#.........~ Ruth Rub' .
ff"':'A\:~ MYCOMMISSION I Pnnt Name:
;~:. :~: 1/ CC624373 EXPIRES ..
<~....;\.C;;~.< April 25. 2001 CommISSIon Number:
'.R..",," BONDED THRU TROY F~IN INSURANCE, INC
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EXHIBIT "A"
Lofts Leial Description - 1403 Dade Boulevard
Lots 1 and 2 in Block 16 of Island View Subdivision, according to the plat
thereof, as recorded in Plat Book 6 at Page 115 of the Public Records of
Miami-Dade County, Florida.