File Ref. #148
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HAROLD ROSE N
ROBERT L. SWITKES
DAVID .JOVE
NEIL H. LEVINSON
GREGORY E. SCHWARTZ
.JESSICA ROMERO
June 7, 1999
407 LINCOLN ROAD
PENTHOUSE SOUTHEAST
MIAMI BEACH, FLORIDA 33139.3008
TELEPHONE (305) 534-4757
TELEF"AX (305) 538 - 5504
EMAIL: mail@rosenandswltkes.com
SPEC1.A.~ CONSUL. TANT
HOWARD GROSS
NOT A MEMBER OF THE: FL.ORIDA. BAR
Raul Aguila, Esquire
City of Miami Beach
1 700 Convention Center Drive
Miami Beach, Florida 33139
RE: INDIAN CREEK HOTEL INVESTORS LTD., d\b\a HOLIDAY INN
6060 INDIAN CREEK DRIVE
MIAMI BEACH, FLORIDA
Dear Raul:
Enclosed herein please find executed Joinder of Mitigation Plan entered into
between Indian Creek Hotel Investors LTD., d\b\a Holiday Inn, (Owner) and the City
of Miami Beach, (City). I would appreciate it if you would forward to me a fully
executed agreement as soon as it has by been acknowledged and agreed to by the
City of Miami Beach.
Thank you for your courtesy and attention to this matter.
Harold Rosen
HR\lc
cc: Joseph Johnson
Les Beilinson, AlA
Elizabeth Procaccianti
Richard Tasca, Esquire
Mark Bacon
[1
JOINDER OF MITIGATION PLAN
THIS JOINDER OF MITIGATION PLAN IS ENTERED INTO BETWEEN INDIAN
CREEK HOTEL INVESTORS LTD., D\B\A HOLIDAY INN ("OWNER"), AND THE CITY
OF MIAMI BEACH ("CITY).
WHEREAS, OWNER IS THE OWNER OF PROPERTY LOCATED AT 6060
COLLINS AVENUE, MIAMI BEACH, FLORIDA, AS DESCRIBED IN EXHIBIT "A",
AND OWNER HAS PROPOSED TO ADD FOURTEEN (14) NEW HOTEL ROOMS IN
THE EXISTING HOTEL BUILDING AT 6060 COLLINS AVENUE, MIAMI BEACH,
FLORIDA, THAT HAS BEEN APPROVED BY THE CITY'S BOARD OF ADJUSTMENT
(FILE NO. 2595) (THE DEVELOPMENT); AND
WHEREAS, THE CITY HAS PREVIOUSLY REVIEWED AND ACCEPTED A
MITIGATION PLAN TO ADDRESS THE TRAFFIC CONCURRENCY ISSUES IN THE
VICINITY OF THE DEVELOPMENT, AS PART OF THE CARILLON HOTEL TRAFFIC
MITIGATION PLAN, AS DETAILED IN CITY COMMISSION MEMORANDUM NO.
655-98 (THE MITIGATION PLAN), AND SAID MITIGATION PLAN WAS APPROVED
BY THE CITY COMMISSION AT ITS MEETING OF SEPTEMBER 23, 1998. A COPY
OF THAT MITIGATION PLAN IS ATTACHED HERETO AS EXHIBIT "B"; AND
WHEREAS, THE CITY HAS DETERMINED THAT THE IMPLEMENTATION OF
THE MITIGATION PLAN WILL RESULT IN ADDITIONAL TRAFFIC CAPACITY
SUFFICIENT TO MEET THE DEMANDS OF THE DEVELOPMENT IN ADDITION TO
THE DEMAND OF THE CARILLON HOTEL PROJECT; AND
WHEREAS, 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 BOTH THE DEVELOPMENT AND THE
CARILLON HOTEL, AS REQUIRED BY THE CITY'S CONCURRENCY MANAGEMENT
SYSTEM, CODIFIED AS SECTION 122, ET SEQ. OF THE ZONING CODE; AND
WHEREAS, THE OWNER AND THE CITY CONTEMPLATE THAT THE
TRAFFIC IMPROVEMENT SET FORTH IN THE MITIGATION PLAN WILL BE
IMPLEMENTED BY THE DEVELOPER OF THE CARILLON HOTEL PROJECT.
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,
PROVISIONS, BENEFIT AND OBLIGATION OF THE MITIGATION PLAN 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
PLAN EXCEPT THAT ANY REFERNCE TO CARILLON HOTEL PROJECT, IN THE
MITIGATION PLAN SHALL MEAN 6060 INDIAN CREEK DRIVE, FOR THE PURPOSE
OF THIS AGREEMENT, AND ANY REFERENCE TO "PROJECT" IN THE MITIGATION
PLAN SHALL MEAN DEVELOPMENT FOR THE PURPOSES OF THIS AGREEMENT.
2. PAYMENT BY OWNER: OWNER WILL PAY CARILLON HOTEL
PROJECT ITS FAIR SHARE OF THE MITIGATION COSTS AS PROVIDED FOR IN
SECTION 2 OF THE MITIGATION PLAN. OWNER MUST PAY ITS FAIR SHARE TO
CARILLON HOTEL PROJECT WITHIN THE TIME PERIOD PRESCRIBED BY THE CITY
OF MIAMI BEACH. FOR PURPOSES HEREOF, CITY SHALL CALCULATE THE FAIR
SHARE OF EACH SUCH PROJECT IN ACCORDANCE WITH THE FOLLOWING
FORM.!;JLA;~TOTAL # DEVELOPMENT TRIPSV(TOTAL # TRIPS FROM MITIGATION r'
PLANlJX MITIGATION COSTS. OWNER SHALL BE SUBJECT TO THE WRITTEN
DETERMINATION OF MITIGATION COSTS AS PROVIDED BY THE CITY TO
CARILLON HOTEL PROJECT.
3. ISSUANCE OF PERMITS: DURING THE TERM OF THIS AGREEMENT,
PROVIDED THAT THE OWNER IS IN COMPLIANCE WITH THIS AGREEMENT AND
PROVIDED OWNER'S ZONING BOARD OF APPROVAL REMAINS VALID, THE
DEVELOPMENT AS DESCRIBED IN EXHIBIT "A", WILL BE ENTITLED TO RECEIVE
PERMITS AND CERTIFICATES OF OCCUPANCY IN ACCORDANCE WITH THE
CODE 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 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 OBLIGATION: OWNER UNDERSTANDS
AND AGREES THAT IT SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT AS
PROVIDED FOR IN THE MITIGATION PLAN THAT ARE APPLICABLE TO CARILLON
HOTEL PROJECT. 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 PLAN.
6. TERM:
THIS MITIGATION PLAN SHALL BE IN EFFECT FOR A PERIOD CONSISTENT
WITH THE TIME PERIOD PROVIDED IN RULE 9J-5.0055(3)(C)(3), FLORIDA
ADMISTRA TIVE CODE, UNLESS TERMINATED EARLIER IN ACCORDANCE WITH
THE PROVISIONS OF THIS AGREEMENT. IF UPON EXPIRATION OF A PERIOD OF
FIVE (5) YEARS AFTER THE EFFECTIVE DATE (SAID DATE BEING THE DATE
THAT THE LAST OF THE CITY AND OWNER SIGNS AND ACKNOWLEDGES THIS
AGREEMENT), THE MITIGATION PLAN HAS NOT BEEN COMPLETED OR THE
DEVELOPMENT HAS NOT BEEN COMPLETED (AS EVIDENCED BY THE ISSUANCE
OF A CERTIFICATE OF OCCUPANCY OR A CERTIFICATE OF USE AS APPLICABLE
FOR THE DEVELOPMENT), THEN THE TRAFFIC MITIGATION BENEFITS UNDER
THIS AGREEMENT SHALL EXPIRE AND BE OF NO FURTHER FORCE AND EFFECT
AND OWNER SHALL BE SUBJECT TO THE THEN EXISTING RULES AND
REGULATIONS GOVERNING TRAFFIC CONCURRENCY.
7. INDEMNIFICA TION\HOLD HARMLESS:
OWNER 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, INCLUDING, WITHOUT LIMITATION, ITS REIMBURSEMENT
PROVISIONS AND ANY DELAYS BY THE CITY IN THE APPROVAL OR ISSUANCE
OF ANY NECESSARY APPROVALS, WHICH DELAYS ARISE FROM OR RELATE TO
THIS AGREEMENT. OWNER FURTHER AGREES TO INDEMNIFY AND HOLD THE
CITY HARMLESS FROM ANY AND ALL CLAIMS, LOSSES OR DAMAGES THAT
OWNER, ITS TENANTS AND\OR ANY OTHER DEVELOPERS OR PARTIES MAY
SUFFER AS A RESULT OF THE RESCISSION OR REVOCATION OF BUILDING
PERMITS AND\OR CERTIFICATES OF OCCUPANCY WHICH ARISE OR RELATE TO
THIS AGREEMENT.
ACKNOWLEDGED AND AGREED TO BY
INDI
D\B\
STORS LTD.,
PRINT NAME: 0 \ -)~'\h(' ~-h
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TITLE: C( p.~. (if- (\T - i-C )", 10 ') /; P or IV (,;, II ;:i/-\\(' J---
DATE: L!.J I C1(,
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T NAME:
~'-D(, ).J }.J A ,l'\ \-< e..tJ r:J,?(LL1
STATE OF K I
COUNTY OF e-~,11 i~':-n(~
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME
THIS -02 DAY OF JIIf1P ,19~9 BY
CI'/~P(+1, jJ:.'.\"f;(Ir"Oil.t, AS Ores ~Th('I." ~,.,I / Dill';"'" ;h.",: ,'---OF
INDIAN CREEK HOTEL INVESTORS L TO.. d\b\a HOLIDAY INN HE\SHE IS
PEFi~ONA.hl,.'y KNOWN TO ~ OR HAS PRODUCED
tvi r' AS IDENTIFICATION DID (DID NOT) TAKE AN
OATH.
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NOT ARY eUBLlCL .,
PRINT NAME VII+~(I
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ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI BEACH:
ACKNOWLEDGED AND AGREED TO BY
CITY OF MIAMI BEACH:
Attest: ifllu) cr i? cu- C~
By:
City Clerk
Dean J. G andin, Jr.
/c. Dire.c. tor 0 p.lan~..4ng
I. I-J--
L k-" _L
By:\
\~ulio Grave de Peralta
Director of Public Works
Print Name: eO I3Ml r e A1LC t+rm--
By:
Print Name: __
Date:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
~ The foregoing instrument was acknowledged before me this c::) / ~J day of
~ ,1999 by Dean J. Grandin, Jr., Julio Grave de Peralta and Jos~h W. J-..A"SCW111f
who are/is personally known to me or have produced as
identification and did (did not) take an oath. /).:;;
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PrintliiiDe: -:;~ :.Ld --~ :; '"'
Title:
c~ ial Number:
omCIAL NOfARY SEAL
IRENE ZAYAS
NOTARY PUBUC Sf ATE OF FLORIDA
.. . COMMISSION NO. CC757367
My commiSSIOn expires rvn
(if any)
EXHIBIT "A"
PROPERTY LOCATED AT:
6060 INDIAN CREEK DRIVE
MIAMI BEACH, FLORIDA
LOTS 3 1..35; BLOCK 2
AMENDED PLAT OF SECON OCEANFRONT
SUB.
PB 28/28
EXHIBIT "B"
.,
MITIGATION AGR.EEMENT
Th..is Agreement is entered into between Bluewater (ME), loP., Inc. (''Bluc\vater'') and the
City of Miami Beach (the "City").
WHEREAS, pursuant to Section 122, of the City of Miami Beach Zoning Code (the
"Code") and Rule 9J-5.0055(3X eX3), Honda Admin.i~1rative Code, the Cfry is authorized to enter
into development agreements; and
\V1-IEREAS, Bruc'water and the City (with respect to paragraphs B-E only) represent and
State that:
A
r.....
Brue-""3ter O"\VDS or bas interest in properLy located \l.-rillID the City of r..-funID
Beacr.. Fia:ida, a5 mo..: parucuhrly d~s~ribed in Exhibit"; anached t:creto and Bluev-at::r has
"proposed r~o\""2tio:: c: u:e buildi::.g5 0:: the bd i::J. wn.:ct. i: b.s <:..:. i=:~res. a:c.: has 5Ub::::ritt~d an
dppli::cC:G::' rOT bdd..6g pe-::rnn nu::nOe:- BMSOo:;g8. ::; Dod..i::::z,ioc of c. buiic.::.g. pe~ pr~viousIY
:.~;--~e: t.~ ~~:' ~=!:-,' ~:~ :;e:-~ ~~b~ E9:;~': 1-;6 (t~:: ~~~:=:-:'~
t ~~ =-=~ ~.:':-'J.\J~...' r~.~c-,;,,'e:: 2:1:' a::;;:-::e: ~ =:Ilg2'iiC:' ::.:..:. :c 3C::!1"eS~ ~-ffi~
:~~~u...-:-~:-. ~-:-I~S = t:l~ vi~..~~' of t.be ?:-oje::: ::is pa:-: ~: ~~ C2rillOr. Eot~: liaS: IYfrtigztiou
?l.s :;s C;:;:2ile~ ::: C::-, Cot:::.:!:lissioTI Me:::lOr;!1;.c1t:::J No. c:5-9,8 (the ''":"YL~5<'::-::::: Pl.a::"). and said
tv'..itipnoI:. Pbn was 2?p,"oved by the Cr.y Commission 2, itS meeting of Se-p:~=be; 2:3, 1998. A
copy of~?: l'r1irig:i.tio~ Plan is a:1ach~d hereto as ExhibIt '1: ..
,....:-~ _...- ,.iP1"'~"',J '!'-r,,,T U1~ Ul ~~l"P"""''''U'':-:.::-,'"':-' f":u~ .;,~ ;"M';'!'1~=.1~":""" P1~r-: '!'L';'i1 r"""'.." ...~"
...~- '_~..} .....c...:: u_..._....~...._ ..........- - ~ _.....1.-_-......_............ _.........._ lYl.....-.o=__......_ ... _ III"T~ ..~
. ~. '"
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tIa!::!;; : Z? c. =r:y 5U.!I1 C1 ~:
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'to !!1-::~ t.!J.~ c.:~~-:s or me
?roJe::: i:: acici.irioD. ro the
de"'"'''ncis cfthe CarilloD notel proje~.
D. The City has determined that, upon completion of the modifications listed in the
Mitigation Plan, the existiDg public lnfrastructure, together witb the Mitigation Plan, will
accommodate the traffic impacts of both the Project and the Carillon Hotel, liS required by tbe
City's Concurrency Management System codified as Section 122 et. seq. of the Zoning Code.
E. Bluewater and the City contempla.te that tile traffic improvements set forth in tbe
Mitigation Plan will be implemented by the developer oftbe Carillon Hotel project.
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:
1. Blue>vater agrees to pay to the developer of the Carillon Hotel project, or to such
other entity as may implement the improvements set fonh in the Mitigation PWl in the event that
such are not implemented by the developer of the Carillon Hotel projea, an amOl1llt equal to the
fair share coSt of implementing the traffic improvements. For the pu.."'Poses of this paragraph, the
"fair ~are cost" shall consist of that proportion of the total cost of implementing the traffic
improvem~ts equal to the propol1ion of road\VU}" trips generated by the Project to those
generated by tb.~ Carillon Hote! project.
In tie ev~t that th:: improvemems S'" forJ:. IT: tile Mitigatior. Plan are Dot
'~?i~~~te~ Dy the ci~'velO?e~ c: tile '~~.rillcn Hotel proJec: C,'" .~~' anoti:l~:- =.:1':--:..... ~i:i:.e: b their
emn-ety C~ r::. ?m. me::. Biue'Vv":ne: agrees tiu: It v.ili I.I!lplemo.! tilose porno!l5 of tb~ !-tfitigatiOD
Plan not cJre-ady illlplemented that are necessary to create suffici.c! ioaciv.-ay cap a city for the
roadwzy trips geIle7atd by the Project. Upon writt~ reques: by Biue>vater. !be City .".111 confum
VIomcD portiotls of the Mitigation Plan Vvill provide suffici:x, road-way capacity for the trips
generated by the Proj~ ifimplem..."!ltea.
lL order to pro\-1ae the Cie;' >',1th adequate U:.5'J.Ia.n~:: regarding the :omple'"Jon of those
l",,",?rove:::1em.s s.e-: fonn in !.he Mr.iga!ion Plan not already in:pleI:leme~, Btuev.'21er shall post a
payment and performance bond tor said improvements cOQrerDpOIil.!l.eOllS v.m ITS permit
2pplication for S<lme. The payment and penormance bond shall be i::t a form <lcceptable to the
.: .'
City Attorney's Office and the Public Works Department. ensuring completion of all aspects of
said improvements within the time period provided therein. The terms and conditions of said
bond shall include, iI/lei" alia, that the Gty is a named beneficiary of the bond and D13}' exercise its
rights under the bond if the impro....ements have not been completed 'W1thin the time specified
therein. The dollar value of the payment and performance bond shill be the cost estimate for the
work assoc~t~d with said improvements. If Bluewater should fail to timely comply with any
material provision therein. the City may revoke or rescind any building permits and/or Certificates
of Occupancy issued for the Project.
3. lbe City recognizes that the implementation of a POniOD of the Mitigation Plan by
Bluewater Iruly create Excess Traffic Capacity over and above that "Which is nec~ssary to address
existing deficiencies as well as provide the capacity necessary to serve the traffic annllUtable to
the Project. The City agrees that for a period of three years after the effective date of this
Agreement, to the extCIlt that the City in good faith idCDtifi~s projects Dot included within chis
Agreement that will utilize the excess capacity created by the Mitigation PUn (i.e., capacity that
becomes available as a result of the implemeI1tatioD of the Mitigation Piatl l.l.!Ucb is not allocated
10 or utilized by the Project and v.ilicn is not absorbed by background or other related traffic
gro\'rtD.) (the ''Ex.cess Traffic Capacity") and only to the extent Exces.s Tuffic Capactry is created
by the Mitigation Plan.. tbe Crry shaD. utilize good faith to prepare an estim.awi calculation of the
a"O-pfCI"O.!!llte fair sn3.re f07 such owje:::,:; Tne City's goed faith enor!3 si..li entail placing ar:.
al::lOl~riOt:. 3Jong v.:::: a :O~:~ of th.1s Ag::-e-e:::J.em .!:l tb.:: D=s:ig::: rz~1e;.;. B D3re i DRB I file for this
proJec: am: m the DRB fries fo; s;Jcb. pro.!eC"'.$ indicating th~! said proJ~ 1.S a..ff:cr=C by this
Agreement 7b.e City v.ill reques: '~eI.: e\-ici.ence from such proje~s of me paym~r of such fair
share 10 B h:.ewatct or its successors prior to the issi.lance of permits fot :xch projects. It is
understood that the Excess Traffic Capacity may be absorbd during the te-rm of this Agreement
tb.rou:,t- r.O:rrru11 bckground and rehired L-affic grov..1h and that to the eX:e-:l! such absorption
OCClli'S there \l.ill be nc rei::lbursem~! for the use of such capacity from athe:- ?7oie::!5.
.., During tile term of this Agreemen t, p:o\.idec th;;-: Bluev.-a.e, is in compliance with
tills Agre;:men., the Project v.iI1 be entitled to receive permits iUJ.d ceniiic;;tes of occupancy in
accordance v-.m the Zoning Code and the South Florida Building Code, based upon the City's
determination that the Mitigation Plan will meet traffic concurrency for the Project. Modifications
of the Project '^-ill be permitted so long as the total number of tzips in the peak hour periods
generated by the Project does Dot increase and provided that such modification is otberwise
permitted pursuant to any applicable City Codes or Ordinances.
5. Notvvithstanding anything to the contrary contained herein, Bluewater hereby
acknowledges and agrees that those portions of the Mitigation Plan improvements necessary to
create sufficient roadway capacity for the trips generated by the Project shall be "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 improvements descn'bed in the Mitigation Plan 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 pro\;ded in the foregoing sentence has been granted by the City,
then Certificates of Occupancy roay be issued, in the City's sole dis~retioll, so long as it is
reasonably expected that the Mitigation Plan will be completed \).lthin the time frames established
by the Florida Statutes and the Florida Administrative Code, and any applicable City Code or
Ordinances.
~ VoJ...v
6. R~ev"!lier.agrees to md:mnii)' and hold the CiTy harmless fron:. any aDd all c1.a..ims.
}"5.5:5. Ci" damages ro !.be Crry or Zlly developer that rmy arise through the iI::plemeut2.!ion of thi.s
.i.g:-ee::J.~:. :nc.~c.i:.~. .....-ruo!:.! llm.n:auo"::. its re:mo'..rrseme:.t provtsiG!ls ane an) a::iays by the C0
i:1 tbe approval or lS.:>-uance of :my necessary approvals. whi;:h cidzys a.ri.s.e from or relate to this
:.J w ~r
Aneement. B1u.. "'.:It:! fu..T1he-:- aE!e~s to indemni....:y And hold the G,v ha.."1Illes5 from any and all
d~ losses or da:nages that B~...~;, its tenants and/or ~y oth;, dc:velopers or pa~ies may
suner as a resuh of the rescission or revocation of building permits a1:c./or Certificates of
OCCl..')Jan:::y \-vhicb arise or relate to this Agreem:=Dt.
Tne terms and cond.-=-tions of this Agre:m..'":J! shall be d~med w be a cOVenant
runnins: ....-ith the lands described in Eiliibit A and shall inure to !he benefit of 2!lC be binding UpOD
the owners. heirs., personal representatives omd successors of Bluewater and against aD persons
claiming by, through or under it unless this Agreement is modified or released by the parties
: ..
hereto. Blue\II3ter shall record this Agreement in the Public Records of Miami-Dade County at its
O\-.ll e.xp en se. The City agrees that upon full and satisfactory completioa of the improvements
contemplated by the Mitigation Plan thst, it will execute a notice of completion and release in a
form acceptable to the City Attorney's office upon request from BlueW3ter.
8. The effective date of this Agreement shan be the date that the last of the City and
Bluewater signs and acknowledges this Agreement.
9 This Mitigation Plan shall be in effect for a period consistent 'With the time period
provided m Rule 9J-5.0055(3Xc)3, Florida Administrative Code unless terminated earlier in
accordance with the provisions of this Agreement. If upon expiration of a period of five years
after the effective date, the Mitigation Plan h3S not been cotlJtlleted or the Project has not been
completed (as evidenced by the issuance of a certificate of occupancy or certific3te of use as
applicable for the Project), then the traffic mitigation beIlefits under this Agreement shall e:q>ire
and be of no funher force znd effect and Bh.1ewater shall be subject to the then existing rules and
regulations governing traffic concurrency.
10 General Provisions.
a Future Ordinances. Bluewater unaerS1:ands and agrees tba: this Agreement
is nor intended to predude the err--.. from enacting an ordinance thac would include the
F-:s]e~ ~1!~~ a 5"p~ial tuxing di.snic~. ~raffic CODcu:-r~C~Y M2..!lageme;): A.rea. or similar
ciistn:: !bat is of are3 wicie ~iica.rion. The City undersu.IlCs and agrees tha! Bluewata is
tlO( waiving its rights t.1:1der the lav.' with respect to any credit or reimbursement to -which
B luev..atei may be entitled.
b. Modification.. .A..mendm~Cand Release. This Agreem.eu! may be modified,
l!.r:::ndeci. or released as to the la!1d b.~em des.cnoed, or any portion ther~r: by a v.rinen
i.:.s:n:.ment exe::uted by the th= O"WI1er~ of all the prope:ty upon "'met! the Projea is
loc:ned. mcluding joinders by all mortgagees, if any, provided t!13t same is also approvied
in advance, in ",TIring, by the City Manager or his designee. Should this Agreement be so
modified, amended or released (with the City's consent), the Ctry Manager or his designee
shall fortb'.'.ith, upon Bluewater's (or its successor's) request, execute a \o\Ilitten instrument
effectuating and acknowledging such modification, amendment or release, provided said
instrument is in a form acceptabl~.to the City Attorney's Office.
c. Time is afme Essence. Time is of the essence and failure to timely comply
v.it.h the specified requirements hereof: shall constitute a default hereunder (e.g. including
timely'delivery to the City of a satisfactory paymeot and performance bond). l.n the event
of such default by Bluewater, Bluewater agrees that the City may, in its discretion, rescind
or revoke any building permit and/or Certificates of Occupancy issued for the Project and
Btuewater shall have no claim against the City aDd the City shall have no liability as a
resuh of such rescission or revocation.
11. This Agreement lll2Y be executed In counterparts.
. .
Signed, ~ ~flCl aDd ~~cd thii ~ day of . 1999.
, ,
Btuc'mtCl' (MB), LP.
By. '-. '.
FnInk D. PaJmet. .. ~-~g Pa1Da'
STATE Of
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COUNlYOF
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ss:
T.ic ~ ~ WH ~ bc:iiIIrB rac tbis..::.i my at .'-: ~.,:.' . 1999 b)'
....~7.(-...;-(.~..j :'-,< ." (~OO ,llc:IWf of ~ (MB). LP.) md . ~e-I tbc
b~ d~ aD. b::Ulf of ~ ~ ~. llc p-;nnftlly IppW'*d bc:far.: :I:a, .
~ boWIl tD me or produced :...( .:..~ .' &S )r~.I:~-.lt''''H, cad [did) [dUboc] tU.e ID cCl.
-:... - . # ~
[NOTAJUAI. ~J
~ ./ .~. .--'. --
...~1. .......
PriDt Ham::; -, .: -
Nocay Pailic, St.=: of
My~-u-~=-
, '
CITY OF MlAMl BEACH
, ,
(. 0
By [",&}it nkt
Print Name: Vt' ~ \J C....i"2." NUt IV
Planning Director
~~LL Zc-
Dtreaor, Department of Public Works
By. ~~~
Print .' \."'...........
Concurrency Management
STATE OF FLORIDA
55:
COt:NlY OF DADE
-.,-.-....: -
Toe foregoing insmImem v.>as aclmowied.ged. be..f"ore me t.b.is-::. d2;.- o["-.:...:.:"-~ '11999 by
1F"A--ll J . "'''-Al...\)riJ J~. DIr~or, Depanment ofPlal:mmg, of the Ciry of Miami Beach.. on
behalf of the City. He pcrsona.Dy appeared befOTe me, is perso . kncrwo to me or produced
as identification, and (didJl did not' t2.ke an oath.
[NOTAPJAL SFAL]
Notary:
Print Name: ( H-
Nota.ry Public, Sure of
My COmmissiOD expires:
r
I c,.~l.,"'orARYSEAL
NCr.: 0iAR I..E5 A. T A...-""j !
.:M1' ,"w'iUC sr i\ Ti OF FLoRIDA
MY CON?l~~ON 1':0. CC~i:!O I
L..'.. C~Y.=:EIC~.EXp. ~.Y2!:l.l~ I
"
STATE OF FLORIDA
)
)
)
S5:
COUNlY OF DADE
, ,
.-- . 1)e forego~g ~ was acknowledged before me ~ day orF~ 1999 by
VI//10 6("Q,~d~ .Rea. Director, Department of Public Works. of the ~mi Beach,
on beh.alf of the City. He personally appeared before me, is p'ersooally KnO\Atll to me or produced
as ideotification, and [did] [did not] take an oath.
.' ---
[NOTARIAL SEAL]
Notary
Print Name: ~
Notary Public, State of ~(or/
My commission expires:
IIENU~YAS
NOfAIY ftlIla: STATE C$ R..alJlM
~N :"0, CC7S13&1
uY tQ~ ;;".(,., Y'J
.'
fI!IlC -
II -'.r""
f',.."
STATE OF flORIDA
)
)
)
SS:
COONlY OF DADE
, '
The foregoipg ~t was acknowledged before me ~ day orF.~ 1999 by
*)jo 6fQ /1'4- tk rB24/aJ Concurrency Management. of the City of Miami Beach. on bebalf of
the City. He personally appeared before me, is peT_SODll..!~ kn~n to me or produced as
identification, ~d [did] (~not] take an oath. /i
[NOTARIAL SEAL]