File Ref. #125
CITY OF MIAMI BEACH
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION
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Date:
Janet Gavarrete, Assistant City Manager
Joseph W. Johnson III, Senior Planner
December 16, 1998
To:
From:
Subject:
Mitigation Agreements Joiners (Collins Avenue)
The two (2) attached mitigation agreement joiners for projects located at 202-206 Washington
Avenue and 1120 Collins Avenue will require the City Manager's signature for execution. The
required traffic improvements will be paid for and implemented by the effected projects. The joiners
have been initialed by Mercedes Sosa, Dean Grandin, and myself for approval.
~ The master mitigation agreement (721 Collins Avenue) which these two projects will be a joiner to
is also attached. The City Manager has executed a similar joiner (740 Collins Avenue) involving the
same required traffic improvements. The City Manager's signature is necessary for these joiners to
be consistent with our procedures for handling these matters.
The signature of the City Manager will not be required for mitigation agreements involving projects
with the Ocean Drive Mitigation Plan, since the City will be implementing and collecting from the
individual projects the funding necessary for effectuation.
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This Joinder of Mitigation Agreement is entered into between Second Street Limited, a
Florida limited partnership ("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, Florida
except as provided herein;
WHEREAS, the Owner and the City respectively, state that:
A. Owner is the owner of property located at 202-206 Washington Avenue, Miami
Beach, Florida as described in Exhihit 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 certain areas located within
the City which includes the Development.
NOW THEREFORE, for and in consideration of the covenants contained herein, it is hereby
understood and agreed:
1. Ipinder by Owner: Except as provided herein, Owner and City hereby
acknowledge that each and every term, provisions, 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 202-206
Washington 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
fonnula: ( (Total # Development Trips) I (Total # Trips from Mitigation Plan) ) x Mitigation Costs.
Owner shall be subject to the written detennination of Mitigation Costs as provided by the City to
CLB.
3. Issuance of Permits. During the term of this Agreement, provided that the 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 pennits and certificates of
occupancy in ~rdance with Code of the City of Miami Beach and the South Florida Building
Code. The Development will be permitted SO long as the total nmnber of trips in the peak hour
ll/U;S/IHS IHli 14:;SU FAX 3U5 53U 9549
ZACK KOSN ITZKY
l{J 003
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 the traffic concurrency requirements.
4. No Reimbursement or Obli~ation. Owner understand 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. ~ovenant Runninl: with the Land. This Agreement shall constitute a covenant
running with the land as provided for in Section 5 of the Mitigation Agreement.
6. Tenn. This agreement shall be binding on all parties and all persons claiming under
it until Febroary 6, 2000, and, upon expiration. the provisions of Section 6 of the Mitigation
Agreement shall control.
ACKNOW1EDGEDANDAGREEDTOBY
SECOND STREET LIMITED
By: Second Street General, Inc.,
a Florida co 'on
WIlNESSES:
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STATE OF FLORIDA .
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COUNTY OF M1AMI-bADE-
~e fo~going instrwn~nt was a~~~j:J~~\~fo?e this.3 da~ j)(j''l~-L f--
1998 by <~:;7tt Ii) D rlh../Jr -l~J l/?'sl/cr.1ot Secona S""treet General, Inc., a Flonda corporahon,
general partner of Second Street Limited. He/She is personally known to me or has produced
J~t-;:V7jL1 J'I~ras identification and did (did not) take an oath.
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Title:
Serial Number
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My commission expires:
ACKNOWLE ED AND AGREED TO BY
CITY OF M I BEACH:
&~ By:
)f ~~ anager
( Print Name: ~iQ ~Jn~ ""-'--
Date: I~~
Attest: ~r e~
City Cler
Print Name: f2.o~~l.r f A-IlI2!fETl...
ST A IE OF FLORIDA
COUNTY OF DADE
The f~ instrument was acknowledged before me this.LL day of V~
1998 by :~ Ju:JL of the City of Miami Beach, Florida. HelShe is personally
known to me I' 8 idatifieMien and did (4id-not) take an oath.
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-'~'.'!\"~~'" Ruth Rubi
{:J:.A.;) MY COMMISSION I CC624373 EXPIRES
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...?f............ BONDED THRU TROY FAIN INSURANCE, INC.
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Print Name:
Title:
Serial Number
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My commission expires:
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EXIIIBlI.A
Property located at 202-206 Washington Avenue
Lots 7 and 8, Block 54, Ocean Beach, Florida addition No.3. a subdivision recorded in Plat
Book 2 at Page 81 of the Public Records of Miami- Dade County, Florida.
As approved by design review board on March 25, 1998 for the construction of a fifteen (15)
unit, three story (27'.811 to the top of the roofand 31'-4" to the highest architectural projection)
townhome building. DRB File number 9812J.
Post.it~ Fax Note
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3055349511
12/02/1998 07:00
305534%11
RIC S OWENS INC
PAGE 02
JOINDER OF MITIGA nON AGREEMENT
This agreement is entered into betWeen Nash Hotel, L.L.C an Ohio Limited
Liability Company ("Owner"), and the City of Miami Beach ("City"),
WHEREAS, Owner seeks to be bound by the tenns of that Mitigation Agreement
between CLB Associates, Ltd. (tlCLB") 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 Miarni.Oade County, except as provided herein;
WHEREAS, the Owner and the City respectively, state that:
A. Owner is the owner of property located at 1) 20 Collins A venue 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 Avenue 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 OWIlkI. 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 Omler were the
original signatory thereof except as modified herein. Capitalized tenns herein have the
same meaning as in the Mitigation Agreement except that any reference to 721 Collins
Avenue in this Mitigation Agreement shall mean 1120 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. P&yment by Owner Owner will pay CLB its fair share of the mitigation costs as
provided for in Section 2 of the Mitigauon 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 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 Penn its. During the tenn 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
3055349611
12/02/1998 07:00
3055349511
RIC S OWENS INC
PAGE 03
certificates of occupancy in accordance with Codes of the City of Miami Beach 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 otherwlse 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 ~imhursement or Obliption. Owner Wlderstands and agrees that it shall not
be entitled to any reimbursement as provided for in the Mitigation Agreem~t 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. Cpvenant Rllnnin~ with the Land. This agreement shall constitute a covenant
running with the land as provided for in Section 5 of the Mitigation Agreement.
6. Imn 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.
3055349611
12/02/1998 07:00
3055349511
RIC S OWENS INC
PAGE 04
ACKNOWLEDGED AND AGREED TO BY
Nash Hotel LLC ;
D.K$. Family Limited partnership
Mana..Jing Member
D.KJ&. Family Corporation
General partner
Gregg L - Pre id
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Date: j2) 3 Ii '^
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State of Florida
County of Miami Dade
The foregoing instrument was acknowledged before me this.'~/./day of t ?c 1998
By Gregg Lurie.
He is personally known to me or has produced identification and did / did not take an
oath. (l
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Name:
Eleanore M. Newrones. i~olary Pclt'"
Stat8 gf Q~ahOQa :1,
My Commission EXPIres 12.9-20"
Title:
Serial Number:
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ACKNOWLEDGED AND AGREED TO BY
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STATE OF FLORIDA
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The foregoing instrument was a~;tedged before me this / I day of
Yl'-r:~b~ . 1998 ~ S~/d ~W>L , of the Oty
of Miami Bea~ Flonda. He! e is perso Y known to me or tw prodUCEd-
as ;~,emifieaticm. and did (did ~) take an oath.
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12/02/1998 07:00
3055349511
RIC S OWENS INC
PAGE 05
EXIDBIT A
The Project is an approximately 27,998 square foot Hotel building to be located at 1120
Collins Avenue, Miami Beach. The property on which the Project is to be located is
legally described as follows:
Lot 8 &. 9, Block 29, OCEAN BEACH, FL #2 recorded in Plat Book 2 Page 56 Public
Records with Dade COWlty Florida.
DRB File # 8937J
Approved on August 3rd, 1998.