File Ref. #152
r!t:4 ~~J /r6 if 1/ 1>2- ~ '2; /991
JOINDER OF MITIGATION AGREEMENT
This agreement is entered into between Blue Comet LLC ("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, except as provided herein:
WHEREAS, the Owner and the City respectively, state that:
A. Owner is the purchaser of property located at 119 Washington Avenue 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 identifies the Development.
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, 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 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
Avenue in the Mitigation Agreement shall mean 119 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 staff sign-off for the issuance
of 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 as provided by City to CLB.
3. Issuance of Permits. During the term of this Agreement, provided
That Owner is in compliance with this Agreement and provided Owner's ORB approval
Remains valid, the Development as described in Exhibit A, will be entitled to receive a building
permit and certificate of occupancy in accordance with the City's Zoning Ordinance 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 Exibhit A, does not
increased 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 building permit
and/or 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 but only if such refusal to issue
is based solely on traffic concurrency requirements.
4. No Reimbursement or Obliqation. Owner understands and agrees that it
shall not be entitled to any reimbursement as provided for in the Mitigation Agreement that are
",
II
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 action in furtherance thereof.
5. Covenant Runninq with the Land. This Agreement shall constitute covenant
running with the land as provided for in Section 5 of the Mitigation Agreement.
6. Term. 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.
ACKNOWLEDGED AND AGREED TO BY:
SIGNATURE PAGES TO FOllOW
Blue Comet LLC
a Florida Ii 'ted liability company
'wJ fW\..o !ft ~ ,
Title: 9 fl-<;A I ~"),.) ~ ~ F ~ ~ ur-<! LA. c...
Date: ~11A; I It (
I
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this ~ day of J d ~
_' 1999 by Alessandro Ferretti. He is personally known to me or has produced _
as identification and did (did not) take an oa~4~...-
Print name: '
Title:
Serial Number:
"co' O'er fV10HIEDDIAN 0, ZARtF
di.- Q,j 's COMMiSSION # CC 513373
'f" ~:$ D:F'lflCC tW'.' 09, 1999
I "a',""" BONDED THRU
( '(.It ,,<;;'" ATLANTIC BONDING CO., INC.
My commission expires: ,;t.bll. 1>0,/f!
ACKNOWLEDGED AND AGREED TO BY
CITY OF ~A~I ()
Attest -1L1/)JJ\. a r~
City Clerk
Print name: \Co Bc::1L 1 ? ArLLt+tJlL-
By:
By:
Dean . Gran in, Jr.
O1~ctor PI~nin?L
~ ce~ . L-
Id' Grave de Peralta
Director of Public Works
By:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
day of JOLY
w, J0, If:N S (\ V .m
as
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My commission expires:
(if any)
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BOUNDARY SURVEY
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L~ts 11, 12 and 13, 3loc~ 9, OCE~~ BEACH, ?LA. according to the plat
thereof recorded in Plat 3oo~ 2 at Page 38 of the Public ~ecords of
Dade County, Florida.
Order #2089
!ield Eoo~ J39-32
i';ay 23, 1993
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AVf<:::JU..s1 2~ /77'8
.../ I HEREBY CERTIFY: THAT n:E SURVEY REoRESENTED
HEREON MEETS TECHNiCAL STANDARDS SET FORTH BY
THE STATE BOAI1D 0; PROFESSIOr,}AL UlND SURVEYORS
IN CW.PWlI;1G17-5, FLOP.!D,'. ADMINISTRATIVE CODE
PURSUANT TO SECT10;J 472.027, FLOR!DA STATUTES'
AND IS CORRECT TO THE BEST OF MY KNOWLEDGE:
THIS PROPERTY IS SUGJECT TO At;,( DEDICATIONS.
ll!'.~ iT ATlOi...JS, r:::SI:<'(T;()~~S, RL~t!~\;A T!ONS OR
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T. l. RIGGS
PROFESSIONAL LAND SURVEYOR # 2349
STATE OF FlORJDA