Resolution 2021-31606 RESOLUTION NO. 2021-31606
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO 1 TO THE LICENSE AND USE AGREEMENT WITH THE
GREATER MIAMI HEBREW ACADEMY (ACADEMY), WHICH AUTHORIZES
THE ACADEMY TO USE APPROXIMATELY 10,500 SQUARE FEET OF THE
BAYSHORE PARK PROPERTY, LOCATED AT 2300 PINE TREE DRIVE, FOR
CONSTRUCTION STAGING PURPOSES, ALONG THE NORTHERLY
BOUNDARY OF THE ACADEMY'S PROPERTY, LOCATED AT 2400 PINE
TREE DRIVE; SAID AMENDMENT EXTENDING THE TERM OF THE
AGREEMENT THROUGH FEBRUARY 28, 2022 OR UNTIL THE CITY
COMMENCES ITS CONSTRUCTION PROJECT ON THE ADJACENT CITY
PROPERTY, WHICHEVER OCCURS FIRST, AND MODIFYING OTHER
MISCELLANEOUS PROVISIONS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL AMENDMENT.
WHEREAS, the Bayshore Park is being developed as a passive community park, which
includes a central lake, open meadows and informal open play field areas, site grading, pavilion,
six (6) tennis courts with restroom facilities, children's playground, dog park, boardwalk and
pathways, security lighting, vita course and fitness cluster, butterfly garden, linear water feature
and parking lot; and
WHEREAS, the passive park will preserve landmark specimen trees and pastoral spaces;
and
WHEREAS, the project is in the Miami Dade County DERM and Building permitting phase,
with an anticipated project construction commencement in the first quarter of 2022; and
WHEREAS, the Greater Miami Hebrew Academy (Academy) is the property located at
2400 Pine Tree Drive and their northern property boundary abuts the Bayshore Park; and
WHEREAS, the Academy is in the process of redevelopment and has begun new
construction within their facility; and
WHEREAS, in early 2019, the Academy requested to utilize a portion (approximately
10,500 square feet) of the City owned Bayshore Park property, located at 2300 Pine Tree Drive,
for staging and storage during their construction; and
WHEREAS, on April 2019, the Mayor and City Commission adopted Resolution No. 2019-
30765 granting a License and Use Agreement to the Academy with an expiration date of June
21, 2020 or 15 months from the effective date, whichever is earliest; and
WHEREAS, after significant delays to their project, the Academy has now commenced
the construction of their new facility and is requesting an amendment to the original Agreement
("Amendment No. 1" or the "Amendment")to allow for the use of this portion of the Bayshore Park
property until February 28, 2022 or until the City commences its construction project on the
adjacent City property; and
WHEREAS, the Hebrew Academy accepts the staging site in "As Is" condition, is aware
that the park property is subject to environmental and soil remediation and shall comply with the
requirements and terms stipulated in the original Agreement and the proposed terms of the
Amendment, some of which are listed below:
• The City may, through its City Manager, for its convenience and without cause,
terminate the agreement at any time during the term by giving written notice;
• Indemnify and forever save and keep harmless the City, its officials, employees,
contractors, and agents relating to the use of the site;
• Secure any necessary permits from all the government agencies including the
State of Florida, Miami-Dade County Department of Regulatory and Economic
Resources, Division of Environmental Resource Management (DERM) and the
City of Miami Beach;
• Cover the ground of the entire staging area with the approved clean gravel or fill
material from an approved source, to the necessary thickness for the duration of
the use of this property;
• Furnish to the City a payment and performance bond, or its equivalent, in the sum
of Fifty Thousand ($50,000) Dollars, to guarantee the terms and conditions of this
Agreement;
• Obtain all the necessary insurance policies prior to use of the staging area and
during the term of the Agreement;
• Implement good housekeeping techniques to eliminate any site contamination;
• Implement waste management, sediment and erosion control best management
practices; and
• Maintain the site and return the site to the City in as good as or better than the
previously existing condition; and
WHEREAS, the use of this area by the Hebrew Academy does not interfere with any City
activities or uses at this time; and
WHEREAS, the Administration is recommending that the Mayor and City Commission
approve, in substantial form, Amendment No. 1 to the Agreement, incorporated herein by
reference and attached to this Resolution as Exhibit "1".
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
approve, in substantial form, Amendment No. 1 to the License and Use Agreement with the
Greater Miami Hebrew Academy(Academy), which authorizes the Academy to use approximately
10,500 square feet of the City's Bayshore Park property, located at 2300 Pine Tree Drive, for
construction staging purposes, along the northerly boundary of the Academy's property, located
at 2400 Pine Tree Drive; said Amendment extending the term of the Agreement through February
28, 2022 or until the City commences its construction project on the adjacent City property,
whichever occurs first, and modifying other miscellaneous provisions; and further authorize the
City Manager to execute the final amendment.
PASSED and ADOPTED this 02c1 day of F-tOrt.(4cji , 2021.
ATTEST: 12-119
Dan Gelber, Mayor
Rafael E. G anado, it1 Clerk
(rNi.....pe"st
. .
\-5.006
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, 1INCORP ORATEDi
Al`?.-;*• 4
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
Agenda Item 0711
Date .2-.2'1-21
DocuSign Envelope ID:3782F570-F6A9-412F-8BFB-E01A74705EE3
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Dan Gelber and Members of the City Commission
DocuSigned by:
FROM: Raul J. Aguila, Interim City Manager ra QoLL
�—2B30624OF92 B45D
DATE: February 24, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO 1 TO THE LICENSE AND USE AGREEMENT WITH THE
GREATER MIAMI HEBREW ACADEMY (ACADEMY), WHICH AUTHORIZES
THE ACADEMY TO USE APPROXIMATELY 10,500 SQUARE FEET OF THE
BAYSHORE PARK PROPERTY, LOCATED AT 2300 PINE TREE DRIVE, FOR
CONSTRUCTION STAGING PURPOSES, ALONG THE NORTHERLY
BOUNDARY OF THE ACADEMY'S PROPERTY, LOCATED AT 2400 PINE
TREE DRIVE; SAID AMENDMENT EXTENDING THE TERM OF THE
AGREEMENT THROUGH FEBRUARY 26, 2022 AND MODIFYING OTHER
MISCELLANEOUS PROVISIONS; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE FINAL AMENDMENT.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
ANALYSIS
The Bayshore Park is being developed as a passive community park. The project scope
includes a central lake, open meadows and informal open play field areas, site grading, pavilion,
six (6) tennis courts with restroom facilities, children's playground, dog park, boardwalk and
pathways, security lighting, vita course and fitness cluster, butterfly garden, linear water feature
and parking lot. The passive park will preserve landmark specimen trees and pastoral spaces.
The project is in the Miami Dade County DERM and Building permitting phase, with an
anticipated project construction commencement in the first quarter of 2022.
The Greater Miami Hebrew Academy (Academy) is the property located at 2400 Pine Tree
Drive and their northern property boundary abuts the Bayshore Park. The Academy is in the
process of redevelopment and has begun new construction within their facility. In early 2019
the Academy requested to utilize a portion (approximately 10,500 square feet) of the Bayshore
Park property for staging and storage during their construction.
On April 2019, the Mayor and City Commission adopted Resolution No. 2019-30765 granting a
License and Use Agreement to the Academy with an expiration date of June 21, 2020 or 15
months from the effective date, whichever is earliest (Attachment A).
After significant delays to their project, the Academy has now commenced the construction of
their new facility and is requesting an amendment to the original Agreement to allow for the use
of this portion of the Bayshore Park property until February 26, 2022.
The Hebrew Academy accepts the staging site in "As Is" condition, is aware that the park
property is subject to environmental and soil remediation and shall comply with the
DocuSign Envelope ID:3782F570-F6A9-412F-8BFB-E01A74705EE3
requirements and terms stipulated in the original Agreement and this Amendment No. 1
(Attachment B), some of which are listed below:
• The City may, through its City Manager, for its convenience and without cause,
terminate the agreement at any time during the term by giving written notice;
• Indemnify and forever save and keep harmless the City, its officials, employees,
contractors, and agents relating to the use of the site;
• Secure any necessary permits from all the government agencies including the State of
Florida, Miami-Dade County Department of Regulatory and Economic Resources,
Division of Environmental Resource Management (DERM) and the City of Miami Beach;
• Cover the ground of the entire staging area with the approved clean gravel or fill material
from an approved source, to the necessary thickness for the duration of the use of this
property;
• Furnish to the City a payment and performance bond, or its equivalent, in the sum of
Fifty Thousand ($50,000) Dollars, to guarantee the terms and conditions of this
Agreement;
• Obtain all the necessary insurance policies prior to use of the staging area and during
the term of the Agreement;
• Implement good housekeeping techniques to eliminate any site contamination;
• Implement waste management, sediment and erosion control best management
practices; and
• Maintain the site and return the site to the City in as good as or better than the
previously existing condition.
The use of this area by the Hebrew Academy does not interfere with any City activities or uses
at this time.
CONCLUSION
The Administration recommends approval of the resolution.
ATTACHMENTS:
Attachment A— License and Use Agreement
Attachment B —Amendment No. 1 to License and Use Agreement
AMENDMENT NO. 1 TO LICENSE AND USE AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
GREATER MIAMI HEBREW ACADEMY
This Amendment No. 1 (Amendment) to the License and Use Agreement dated
May 13, 2019("Agreement"), by and between the City of Miami Beach, Florida, a municipal
corporation organized and existing under the laws of the State of Florida, having its
principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139
(the "City"), and Greater Miami Hebrew Academy, a Florida not for profit corporation,
having its principal place of business at 2300 Pine Tree Drive, Miami Beach, Florida 33140
("Licensee"), is entered into this day of , 2021 (`Effective Date"):
RECITALS
WHEREAS, on April 10, 2019, the Mayor and City Commission adopted Resolution
Number 2019-30765, approving a License and Use Agreement ("Agreement") with the
Licensee; and
WHEREAS, on May 13, 2019, the City and Licensee executed the Agreement, which
permitted Licensee to use the Staging Site (as defined in the Agreement), in connection
with the Project(as defined in the Agreement); and
WHEREAS, the term of the Agreement expired on June 21, 2021; however,
Licensee has not completed the Project and the parties wish to extend the term of the
Agreement, subject to adding a termination for convenience and other provisions
addressing the underground contamination that exists at the Staging Site and surrounding
areas.
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Consultant hereby agree to amend the Agreement as
follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck through and inserted
items underlined) as follows:
(a) Section 2 of the Agreement is hereby deleted in its entirety and replaced as
follows:
2. Permitted Uses.
A. Licensor hereby grants to Licensee a license to occupy and use, subject to all
of the terms and conditions hereof, a portion of the City's property, having a
EXHIBIT
ti '�1
R
physical address of 2300 Pine Tree Drive, Miami Beach, Florida 33140 (Folio
No. 02-3227-000-0100) ("City's Property"), as more particularly described in
the sketch and legal description attached as Exhibit "A" hereto, ('Staginq
Site").
B. Licensee may occupy and use the Staging Site solely for the purpose of staging
equipment and storage of materials in connection with those certain private
improvements and repairs being undertaken by the Licensee at Licensee's
property, having a physical address of 2400 Pine Tree Drive Miami Beach,
Florida 33140 (Folio No 02-3227-000-0092) ("Licensee's Property"), in
connection with the work which is the subject of City of Miami Beach permit
number BCO616-0530 (hereinafter referred to as the "Project").
C. Licensee accepts the Staging Site in "As Is" condition. Licensee is aware that
the Staging Site is contaminated and shall comply with the following
requirements:
1. As a condition precedent to using the Staging Site, Licensee shall:
a. secure any and all governmental approvals which may be
required to use the Staging Site pursuant to this Agreement,
and based upon the current and future conditions of the
Staging Site including, without limitation, the State of
Florida, Miami-Dade County Division of Environmental
Resource Management (DERM), and the City of Miami
Beach, and any other required regulatory permits
(collectively the "Permits') to utilize the Staging Site for the
permitted purposes set forth in the Agreement; and
b. cover the ground of the entire Staging Site with the
approved clean gravel or fill material from approved source,
to the necessary thickness for the duration of the use of the
Staging Site;
c. submit a plan for use of the Staging Site for the approval of
the City and DERM that will include, the following
information:
i. a scaled site plan or survey that identifies the
Staging Site;
ii. identifies the source of gravel fill (must be a clean fill
source)to be used;
iii. identifies the thickness of the gravel fill and the area
of the Staging Site that fill thickness will be applied;
iv. provides a maintenance and inspection plan to
ensure the gravel fill does not erode over time due
to the heavy equipment use in the Staging Site;
v. provides a dust management plan; and
vi. provides a description of the proposed use;
d. comply with the warranties and representations contained in
that certain Letter, dated February 12, 2021, from
Licensee's current contractor, AVI Contractors, Inc., to
DERM, a copy of which is incorporated herein by reference
and attached as Exhibit"1", and any additional requirements
which DERM or any other governmental agency having
authority over the Staging Site may require, at any time
during the Licensee's use of the Staging Site, including,
without limitation, the following:
i. six(6) inches or gravel fill must be placed across the
entire Staging Site to be utilized and shall be placed
on top of a high visibility (bright colored) geotextile
fabric;
ii. the gravel fill shall extend a minimum of 2" in all
directions beyond the fence
iii. during times of breach of the 6" fill thickness and
repair of the fill, continuous misting shall be
conducted to prevent dust,
iv. dust/visible dust shall be suppressed at all times so
as not to cause a nuisance condition per Chapter 24,
Code of Miami Dade County;. v. all
work shall be in accordance with all applicable
OSHA and other applicable guidelines; and
vi. following completion of the work relating to the
Project, the gravel fill shall require characterization
sampling and proper disposal documentation shall
be provided to DERM for review and approval; and
vii. any other requirements which may be required by
DERM from time to time.
2. In addition to its obligations under Section 11, Licensee shall
prevent any runoff from the Staging Site onto the City's Property.
3. As a condition of use of the Staging Site, Licensee shall be required
to install, and maintain in good condition, a fence around the
Staging Site, which will include a wind screen and silt fence, and
will remain locked at all times after business hours. Licensee shall
be responsible for securing the required governmental
approvals/permits from the City's Building Department in
connection with the installation and maintenance of the fence.
(b) Subsection (A) (Term) of Section 4 (Term/Termination) is hereby amended as
follows:
A. Term. The term of this Agreement shall commence upon execution of the
Agreement by both Parties, which shall be referenced as the "Effective
Date" on page 1 (above) of this Agreement, and shall expire by June 21,
2020 or 15 months from the •z. • - 9- • - - = z. -- t.
on February 28, 2022, upon completion of the Project, or until such time as
the City notifies Licensee that it is ready to commence the construction
work on the City's Property ("City's Notice to Commence"), whichever
occurs first, unless terminated earlier pursuant to the terms of this
Agreement. The Notice to Commence shall be sent to Licensee at least
thirty (30) days in advance.
(c) A new Section 4 (C) is hereby added to the Agreement, as follows:
C. Termination for Convenience of the City.
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO LICENSEE OF SUCH
TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS
FOLLOWING RECEIPT BY THE LICENSEE OF SUCH NOTICE. ADDITIONALLY, IN
THE EVENT OF A PUBLIC HEALTH, WELFARE OR SAFETY CONCERN, AS
DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE
DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN
NOTIFICATION TO LICENSEE, MAY IMMEDIATELY SUSPEND THE USE OF THE
STAGING SITE FOR A TIME CERTAIN, OR IN THE ALTERNATIVE,TERMINATE THIS
AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR
CONVENIENCE BY THE CITY, THE CITY SHALL BE DISCHARGED FROM ANY AND
ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS
AGREEMENT.
(d) Section 13 is hereby deleted in its entirety and replaced with the following:
13. Surrender of Staging Area/Licensee's Obligation for Restoration. Upon
expiration or earlier termination, of this Agreement, Licensee shall immediately
remove Licensee's Property and all rocks, gravel or other materials ("Ground Cover")
placed on the ground cover of the Staging Site; dispose of the Ground Cover as
required by applicable law and in accordance with standing resolutions or other
environmental agreements which may be in place at the time; and restore the Staginq
Site and any other adjacent City property affected by the Licensee's activities
(collectively, the ''Affected Area"), in accordance with the Permits and to a condition
that is not only safe and usable, but that is as good as, or better, than previously
existed prior to the Effective Date of this Agreement. Additionally, within thirty (30)
days from the expiration or earlier termination of this Agreement, Licensee shall
provide evidence that all Permits have been closed including, without limitation, final
approval from DERM of the Staging Site close out, and that Licensee has complied
with any outstanding conditions of the Permits. If upon inspection by the City, the City,
in its sole discretion, determines that the condition of the Staging Site or Affected Area
requires additional restoration/remediation,as a result of the Licensee's use, Licensee
will perform such additional restoration work within ten (10) days from the date
requested by the City. Licensee shall perform the restoration process in such a way
as to minimize interference with the use and operation of the City's Property. Upon
completion of the aforedescribed restoration process, or if requested earlier by
the City, in writing, Licensee shall immediately surrender the Staging Site
("Staging Site Surrender Date").
Licensee's obligation to observe or perform this covenant shall survive the expiration
or other termination of this Agreement. Unless authorized by the City, continued
occupancy of the Staging Site after the Staging Site Surrender Date shall constitute
trespass by the Licensee, and may be prosecuted as such. In addition, Licensee
shall pay to the City One Thousand ($1,000.00) Dollars per day as liquidated
damages for such trespass and holding over.
4. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
4
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By:
Rafael E. Granado, City Clerk Raul J. Aguila, Interim City
Manager
Date
FOR LICENSEE: GREATER MIAMI HEBREW
ACADEMY
ATTEST:
By:
Secretary President
Print Name Print Name
Date
F:ATTO(TORG\GISELA\FORMS\AMENDMENTS%MENDMENTTEMPLATE
♦ ♦
AVI
CONTRACTORS, INC.
February 12. 2021
DERM
701 NW 1st Court
8th Floor
Miami. FL 33136
Phone•305-372-6925 Fax 305-372-6954
Attn: Thomas Kux, P.G.
Project: New Middle/High School Building
Re: Staging Area Requirements& Proceedures
Dear Mr. Kux.
Per our discussion today. the following is our plan regarding the steps we will take to ensure the
appropriate Protocols are followed with regards to the Staging Area for a period of 12 months at
Bayshore Park for the construction of The Greater Miami Hebrew Academy Middle-High School Addition.
I have attached the survey and staging area sketch identifying what areas we will be utilizing and where
we will install the 57 rock and fabric along with the thickness
• Foot traffic and storage containers will be in the area hi lighted in pink where we will install
Getotextile fabric and 3"of 57 Rock from Titan Quarry(Specs attached)
• Heavier trucks, lulls, and deliveries will take place in the Green shaded areas where we will install
the Geotextile fabric and 6"of the 57 Rock.
• We will maintain a load of the 57 rock on site at all time to address any areas that require
maintenance and repair due to the traffic
• We will carry out inspections of the rock on a weekly basis to ensure the thicknesses remain per
the above and are in good condition I will personally make these inspections &will address any
issues immediately. There is full time supervision on Site that wil also review these conditions on
a daily basis.
• The fence surrounding the area will include a wind screen and silt fence and will remain locked at
all times after business hours
• We will maintain water service for dust control on site as well
We greatly appreciate you attention as construction has begun and until this staging area is provided we
are unable to proceed which will impact the projects completion date and hold up the opening of this
campus
In conclusion, I hope the above outline satisfies any of DERMS concerns and respectfully request an
expedited review and approval within the next few days as it is of extreme urgency
est Regards
Vincent Mish
President
Exhibit "1"
A.V.I. Contractors, Inc.
2771 Executive Park Dr Suite #2 • Weston, FL 33331
Phone: (954) 557-6249 • www.avicontractors.com
EXHIBIT A - STAGING SITE
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; , ll ' { M 8491 N.W. 64th Street
MIAMI, FL 33166Ei: ri ° . : 305-593-8590 fax 305-477-5136
6 ft double temporary gate 20 ft double DRAWN BY: 12/09/14 SCALE: PAGE:
REVISED: 12/09/14 FILE: 1 of 1
i/
TIITAINI Aggregates Monthly Averages Report Pennsuco We 87.105 11000 N.W 121 Way Medley Floods.33178
305-827.7441
Penneuco Mine 57-145
Jan-21
` Period1)1)2021-7)3112021
l_- Plant I Tean Afnenc#Pennsuco Mine-8T--145
104 ASTM 44 157 ASTM 357 157 ASTM 857 167 ASTM 267 189 ASTM 889 189 ASTM 809 189 ASTM 8t9 490 Concrete 492 Asph 431 Comm. 112" Bask 114" Basic
Produce 8allisetCode 10-P1 Code 10-P2 Code 12-P1 Code 17-Pt Code 17-P2 Code 17-P3 (C) Ser.F03 (C)Ser F20 (Mad) Scr. Stone Stone
Code 06-P1
2"150mmr _ 100
I 117137.5mm) 92.1 100.0 100.0 ,
1"(25mmi 36.1 100.0 99.9 100.0 100.0
3/4'(19evn) 5.4 $3.9 80.7 96.0 100.0
1/2'(12.5mm) 2.4 41.2 412 70.0 100.0 100.0 100.0 51.4
318-(9.5mm) 1.9 19.4 20.6 37.0 05.9 98.2 96.2 100.0 100.0 100.0 45.5 100.0
114"(6 3mm) 12.5 83.9
e4(4.75mm) 1.4 4.0 -~�-- 4.8 4.4 37.7 42.4 43.7 100.0 100.0 100.0 6.2 62.3
88(2.36mm, _ 2.1 i 2.4 2.0 3.4 3.9 10.7 89.8 89.7 90.3 1.6 0.0
816(118mm) 2.0 1.6 6.1 60.3 60.3 65.7
930 f0.6mm) _ 37.3 37.4 47.4
850(0.3mm) 1.5 1.4 4.4 19.6 20.0 30.5
0/100(015nan) 643 6.9 8.4
*200(75pm) 1.39 1.38 0.87
FM 7.94 5.93 6.64 6.64 5.56 6.41 6.29 2.86 2.86 2.56
Unil WI(Rodded)80011.31 80 82 81 82 82 100 100 100
Voids(Rodded)I%( 43 42 43 42 43 34 34 34
LA Abrasion(8.500)f%_ 36 38 37 36
LA Abrasion(C 500)(% 34 33 31
4200(75um)IN 0.57 0.73 0.83 0.56 0.53 0.48 0.57 17 1.39 1.69 0.61
Standard:
Absor town 3.83 5.13 5.54 4.43 625 5.14 3.06 3.06 2.74 6.25
SPGR tory Gsb) 2.274 2.269 2.279 2.285 2.290 2.282 2.444 2.444 2.468 2.264
SPGR(SSD) 2.382 2386 2.406 2.386 2.410 2.400 2.518 2.518 2.525 2.383
Alternative:
Absorption 6.93 7.15 6.77 6.80 6.56 6.88
SPGR(Dry,Gsb) 2.277 2.257 2.285 2.296 2.298 2.28
SPGR(SSD, 2.435 2.418 2.439 2.247 _ 2.449 2.44
If valuta for certain tests do not change from one month to the neat,this means that either none of the subject material was produced or some was produced but results were unavailable.
Rodded unit weights are not normally run on Inese products per FDOT requirements but can be performed upon request
Specific gravities are run according to AASHTO 1-85184 requirements and procedures
Minus 200 are ran according to AASHTO T-11 and Fla Method T-11
Sieve analyse ran and FM calculated in according to ASTM C-136/AASHTO T-27
SW Specific Gravity&Absorption are tested using both the standard and aternative method of testing in accordance to AASHTO T85/ASTM C 127
Resolutions - C7 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, Interim City Manager
DATE: February 24, 2021
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM,
AMENDMENT NO 1 TO THE LICENSE AND USE AGREEMENT WITH THE
GREATER MIAMI HEBREW ACADEMY (HEBREW ACADEMY); SAID
AMENDMENT EXTENDING THE TERM OF THE AGREEMENT THROUGH
FEBRUARY 26, 2022 AND MODIFYING OTHER MISCELLANEOUS
PROVISIONS; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL AMENDMENT.
(ITEM TO BE SUBMITTED IN SUPPLEMENTAL)
SUPPORTING SURVEY DATA
Not applicable.
Applicable Area
Not Applicable
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o License and Use Agreement
Page 5 of 439
ATTACHMENT A Zo{ 9 -3o7CO3-
LICENSE AND USE AGREEMENT
THIS LICENSE AND USE AGREEMENT ("Agreement"), made the (3 day of
/114y , 2019 (the Effective Date), by and between the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and the GREATER MIAMI
HEBREW ACADEMY, a Florida not for profit corporation ("Licensee"). Licensor and Licensee
may also sometimes be referred to, individually, as a "Party" or collectively, as the"Parties".
NOW, THEREFORE, and in consideration of the mutual promises, covenants,
agreements, terms and conditions, herein contained, and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Parties hereto do agree as
follows:
1. City Manager's Designee. For purposes of administering this Agreement on behalf of the
City, David Martinez, P. E., Director, Office of Capital Improvement Projects.
2. Permitted Uses. Licensor hereby grants to Licensee a license to occupy and use, subject
to all of the terms and conditions hereof, a portion of the City's property, having a physical
address of 2300 Pine Tree Drive, Miami Beach, Florida 33140 (Folio No. 02-3227-000-0100)
("City's Property"), as more particularly described in the sketch and legal description attached as
Exhibit"A" hereto, ("Staging Site").
Licensee may occupy and use the Staging Site solely for the purpose of staging equipment and
storage of materials in connection with those certain private improvements and repairs being
undertaken by the Licensee at Licensee's property, having a physical address of 2400 Pine Tree
Drive Miami Beach, Florida 33140 (Folio No 02-3227-000-0092) ("Licensee's Property"), in
connection with the work which is the subject of City of Miami Beach permit number BC0616-
0530 (hereinafter referred to as "the Project"). As a condition precedent to using the Staging Site,
Licensee shall be required to install a fence around the Staging Site. Licensee shall be
responsible for securing the required governmental approvals/permits from the City's Building
Department in connection with the installation of the fence and the approved uses.
3. No Improper Use. Licensee will not use, nor suffer or permit any person to use, in any
manner whatsoever, the Staging Site for any illegal, improper, immoral or offensive purpose, or
for any other purpose in violation of any Federal, State, County, or municipal ordinance, rule,
order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted
or adopted. Licensee will protect, indemnify, and forever save and keep harmless the City, its
officials, employees, contractors, and agents from and against damage, penalty, fine, judgment,
expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any
law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of Licensee,
or any official, director, agent, contractor, or servant relating to the use of the Staging Site. In
the event of any violation by Licensee, or if the City or its authorized representative shall
deem any conduct on the part of Licensee to be objectionable or improper, the City shall
have the right to suspend the use of the Staging Site should Licensee fail to correct any such
violation, conduct, or practice to the satisfaction of the City Manager or its authorized
representative within twenty-four (24) hours following written notice of the nature and extent
of such violation, conduct, or practice. Such suspension shall continue until the violation is
cured to the satisfaction from the City Manager or its authorized representative.
1
Page 6 of 439
ATTACHMENT A
4. Term/Termination.
A. Term. The term of this Agreement shall commence upon execution of the Agreement by
both Parties, which shall be referenced as the "Effective Date" on page 1 (above) of this
Agreement, and shall expire by June 21, 2020 or 15 months from the Effective Date, whichever is
the earliest date, unless terminated earlier pursuant to the terms of this Agreement.
B. Termination For Cause.
If Licensee shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify Licensee of its violation of the particular term(s) of this
Agreement, and shall grant Licensee thirty (30) days to cure such default, except with respect to
any defaults pursuant to Section 3 herein (Improper Use), which requires a shortened cure
Period. In the event that a default (except with respect to a default pursuant to Section 3) is not
reasonably susceptible to being cured within the thirty (30) days, the Licensee shall not be
considered in default if it shall, within such period, commence with due diligence and dispatch to
cure such default and thereafter completes with dispatch and due diligence the curing of such
default, but in no event shall such extended cure period exceed ninety (90) days from the date of
written notice thereof. In the event Licensee cures any default pursuant to this subsection, it shall
promptly provide the City Manager's designee with written notice of same. If such default remains
uncured at the end of the cure period, the City may terminate this Agreement without further
notice to Licensee. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, Licensee shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by Licensee. The City, at its sole option
and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in
its best interest in order to enforce the City's rights and remedies against Licensee. The City
shall be entitled to recover all costs of such actions, including reasonable attorneys' fees.
5. Use Fee/Performance Bond or Alternate Security. Licensee will not be required to pay
rent in connection with the Permitted Uses. Prior to commencing using the Staging Site,
Licensee shall furnish to the City Manager or City Manager's designee a payment and
performance bond, in the penal sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, for which
Licensee shall bind itself for the faithful performance of the terms and conditions of this
Agreement. A cash deposit, irrevocable letter of credit, or certificate of deposit may also suffice,
as determined by the City Manager or City Manager's designee, in his/her sole and reasonable
discretion. The form of the Performance Bond or alternate security shall be approved by the City's
Chief Financial Officer. In the event that a certificate of deposit is approved, it shall be a Fifty
Thousand and 00/100 ($50,000.00) Dollar one-year certificate of deposit in favor of the City,
which shall be automatically renewed, the original of which shall be held by the City's Chief
Financial Officer. Licensee shall be required to maintain said performance bond or alternate
security in full force and effect throughout the term of this Agreement. Licensee shall have an
affirmative duty to notify the City Manager or City Manager's designee, in writing, in the event
said performance bond or alternate security lapses or otherwise expires. All interest that accrues
in connection with any financial instrument or sum of money referenced above shall be the
property of Licensee, except in an event of default, in which case the City shall be entitled to all
interest that accrues after the date of default.
2
Page 7 of 439
ATTACHMENT A
6. Indemnification. In consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Licensee shall indemnify, hold harmless and defend the City, and its officials,
directors, members, employees, contractors, agents, and servants from and against any and all
actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss
of or damage to property, which may arise or be alleged to have arisen from: (1) wholly or in part
from the negligent acts, errors, omissions or other misconduct of Licensee, its officers, director,
members, employees, agents, contractors, subcontractors, or any other person or entity acting
under Licensee's control or supervision; (2) Licensee's breach of the terms of this Agreement or
its representations and warranties herein; or(3)the use or occupancy of the Staging Site. To that
extent, Licensee shall pay all such claims or losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys' fees expended by the City in the defense of such claims and losses, including appeals.
This Section 6 shall survive the termination or expiration of this Agreement.
7. Insurance. Licensee shall not commence use of the Staging Site under this Agreement
until all insurance required under this section has been obtained and such insurance has been
approved by the City's Risk Manager. Licensee shall carry and maintain the following insurance
coverages during the term of this Agreement:
A. Worker's Compensation Insurance as required by Florida, with Statutory limits and
Employer's Liability Insurance limit of no less than $1,000,000 per accident for
bodily injury or disease.
B. Commercial General Liability Insurance on an occurrence basis, including products
and completed operations, contractual liability, property damage, bodily injury and
personal & advertising injury for vehicles while in the Licensee's care, custody and
control with limits no less than $1,000,000 per occurrence, and $2,000,000 general
aggregate. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the work, in an amount not less than $1,000,000
combined single limit per occurrence for bodily injury and property damage.
Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability arising
out of work or operations performed by or on behalf of the Licensee.
Waiver of Subrogation
Licensee hereby grants to City of Miami Beach a waiver of any right to subrogation which any
insurer of the Licensee may acquire against the City of Miami Beach by virtue of the payment of
any loss under such insurance. Licensee agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision applies regardless of whether or
not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer.
3
Page 8 of 439
ATTACHMENT A
Acceptability of Insurers
insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City of Miami Beach Risk Management Office.
Verification of Coverage
Licensee shall provide the required insurance certificates, endorsements or applicable policy
language effecting coverage required by this Section. All certificates of insurance and
endorsements are to be received prior to any work commencing. However, failure to obtain the
required coverage prior to the work beginning shall not waive the Licensee's obligation to provide
them. The City of Miami Beach reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
The City of Miami Beach reserves the right to modify these requirements, including limits, based
on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder
CITY OF MIAMI BEACH
c/o INSURANCE TRACKING SERVICES
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve Licensee of his liability and
obligation under this section or under any other section of this Agreement.
8. Inspection. The City shall have the right to inspect the Staging Site (including,
without limitation, Licensee's Property thereon) at any time by the City Manager's designee
or by any other municipal, County, State officer, or officers of any other agency(ies) having
responsibility and/or jurisdiction for inspections of such operations. Licensee hereby waives
all claims against the City for compensation for loss or damage sustained by reason of any
interference with Licensee's operations as a result of inspection by any public agency(ies)
or officials, (including, without limitation, by reason of any such public agency or official in
enforcing any laws, ordinances, or regulations as a result thereof). Any such interference shall
not relieve Licensee from any obligation hereunder.
9. Safety and Workmanship. Licensee shall coordinate all work with the City Manager's
designee in order to minimize impact on the City's operations. Licensee shall take all necessary
safety precautions, secure the Staging Site by appropriate construction fencing with a dust
curtain, and coordinate with the City Manager's designee to assure the safety of City employees,
contractors, residents, guests, invitees, visitors, and the general public at all times during the
Term.
Licensee shall resolve any safety or workmanship issues to the conditions mandated by the City.
10. No Dangerous Materials.
A. Licensee agrees not to use or permit the storage and/or use of gasoline, fuel oils,
diesel, illuminating oils, oil lamps, combustible powered electricity producing
generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida, on
or within the Staging Site, or on any City property and/or right of way.
• 4
Page 9 of 439
ATTACHMENT A
B. Licensee shall indemnify and hold the City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees, incurred as
a result of, arising from, or connected with the placement by Licensee of any
"hazardous substance" or "petroleum products" on, under, in or upon the Staging
Site as those terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder; provided,
however, Licensee shall have no liability in the event of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Section 10 shall survive the termination or earlier expiration of this Agreement.
11. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution
Prevention Plan for the Staging Site within sixty (60) days of the Effective Date. The purpose of
this Plan is to reduce the potential of sediments and construction debris from entering the City's
storm water system from the Licensee's construction staging activities:
A. The Licensee should describe and provide indication on a site map of all erosion and
sediment controls and storm water best management practices to reduce erosion,
sedimentation, and storm water pollution. These controls may include silt fences,
entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems.
The Licensee should establish a maintenance plan for all structural and non-structural
controls to assure that they remain in good and effective operating condition.
B. The Licensee should implement good housekeeping techniques to reduce contamination
of storm water runoff. The Licensee should describe in detail controls for the following
potential pollutants:
(i) waste disposal, this may include construction debris, chemicals, litter, and
sanitary waste;
(ii) offsite vehicle tracking from construction entrances/exits; and
(iii) the storage, application, generation and migration of all toxic substances.
12. The Licensee should implement good housekeeping techniques to eliminate
contamination of site from machinery oil and fluid, temporary construction bathroom facility,
contaminated soil or any other contaminated material.
13. Surrender of Staging Area/Licensee's Obligation for Restoration. Upon expiration, or
earlier termination of this Agreement, Licensee shall immediately surrender the Staging Site,
remove Licensee's Property from the Staging Site, and restore the Staging Site and any other
adjacent City property affected by the Licensee's activities, to a condition that is not only safe
and usable, but that is as good as, or better, than previously existed prior to the Effective Date of
this Agreement. If upon inspection by the City, the City, in its sole discretion, determines that the
condition of the Staging Site requires additional restoration/remediation, as a result of the
Licensee's use, Licensee will perform such additional restoration work within ten (10) days from
the date requested by the City. Licensee shall perform the restoration process in such a way as
to minimize interference with the operation of the City's Property.
Licensee's obligation to observe or perform this covenant shall survive the expiration or other
termination of this Agreement. Continued occupancy of the Staging Site after expiration, or
early termination, of the Agreement shall constitute trespass by the Licensee, and may be
prosecuted as such. In addition, Licensee shall pay to the City One Thousand ($1,000.00)
Dollars per day as liquidated damages for such trespass and holding over.
5
Page 10 of 439
ATTACHMENT A
14. Construction of Agreement. The Parties to this Agreement have substantially contributed to
the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of
judicial construction, be construed more severely against one of the Parties than any other. The
Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent legal advice and counsel
was necessary for them to form a full and complete understanding of all rights and obligations
herein.
15. Notices. All notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of Licensor and Licensee listed below or may be
mailed by registered mail, postage prepaid (or airmailed if addressed to an address outside of the
city of dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed as
follows:
TO LICENSEE: C •11ZOTEc Aix Yteifv 44-454fr
Title: TtEAs va.U.
�Lj00 Pllv E7RFE JRluti
/I7MM1 j3E�cN� FL 331vo
(305) (72-5200 Ext.
Attn: /1 /164504/r7Z -0645 tiR
TO LICENSOR: City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305) 673-7000, Ext. 6399
Attn: Jimmy L. Morales
16. Entire Agreement. The making, execution and delivery of this Agreement by Licensor has
been induced by no representations, statements, warranties, or agreements other than those
contained herein. This Agreement embodies the entire understanding of the Parties and there are
no further or other agreements or understandings, written or oral, in effect between the Parties
relating to the subject matter hereof.
6
Page 11 of 439
ATTACHMENT A
EXECUTED as of the day and year first above written.
LICENSOR:
Attest: CITY OF MIAMI BEACH
a Florida Municipal rporation
By:
City C erk
Name: . ..71rii Z. +4101-aieS
%%.......a Vv: C�7 ! c� 1 . • e�'
313 1 1_9 ___- V,\1 B 4l,, I
Date �P•' ..��,,,���i
tea ;
ATTACHMENT A
EXHIBIT A — STAGING SITE
UVON ADM DMS
r Fri lg 1 .','ii- • t - v?a�jam,, .
.,;.-.7;,,-,r-:-.:::'-ell �1.1.- .�-7 � � �'• J."�, l..a�.,''.
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LOCATION TAMP
SECTION 27. TOWNSHIP 53 SOUTH. RANGE 42 EAST
■IIs.T1>GC'D rgtorniverr LYING AND BONG IN MIAMI-DADE COUNTY FLCRIDA
AIpI ILVIRRs (NOT TO SCALE)
FOLIO No. 07-3227-00D-0109 �� �O�
23(X1 PINE TREE DRIVE
MIAMI BEACH. FL 33140 THIS SkETCH AND LEGAL HAS BEEN PREPARED FOR THE
EXCLUSIVE usE OF THE ENT1TIEs NAME HEHEoN. THE
AREA CF PROPERTY: 4.993.718.4 SQUARE FEET AND/OR CERTIFICATIONS DO NOT EXTEND TO ANY UNNAMED
PARTIES
114.64 ACRES MORE GR LESS.
- GREATER MIAMI HEBREW ACADEMY
- CITY OF MIAMI BEACH
tURVEITOR1 CIORWITiCiLlirla
I HEREBY CERTIFY TO THE BEST OF MY KNOU•LEDGE AND BELIEF THAT THIS "SPECIFIC PURPOSE
SURVEY" IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIRECTION.
THAT IT MEETS ANDARDS OF PRACTICE AS SET FORTH BY THE STATE OF FLORIDA BOARD OF
PROFESSIONA •A YORS IN CHAPTER 5J-17.O50 THROUGH 5.s-17.057 OF THE FLORIDA
ADMINISTRAT •' *I •:qtqicTS IMPLEvENTING LAW. PURSUANT TO CHAPTER 42.02. FLORIDA
STATUTE. < ':
SIGNED / -.'y�/sif _i_... . CR THE FIRM ARTURC MENDIGUTIA• ?.S.V.
P.S.M. No. i -- • r .0VFLORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEA '
` 1.A ICENSED SURVEYOR AND MAPPER. ADDITIONS CR DELETIONS TO
SURVEY MA-. 'Q bRERQft' BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT 'GYRI . `` T OF THE SIGNING PARTY CR PARTIES IN A DIGITAL FORMAT NOT
VAUD WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL
SHF}! I NOt VALID WIEN OIJI tiHl-UI2
r:OUC NIJMIJLR:02 3227-000-0I0u
1435 5.W.870a AVENUE
tOCATSON MAP,SIJRVFVCRS NOTES R CERTnrlrATF SUM "201•
MIAMI,FL 33174
Project No.•180/-144 PHONE:f305)556.4001
Drawn by M.6 SKETCH `.etpiaith,L,Rlic, .- FAX:(305,1556.4003
SH E E 1 1 c..,1- 2 M1p��spp�6r t.�rC ELJRV :
Approved by:AMJFEEOLMSURVEYING-CCM
PROFESSIONAL SURVEYORS AND MAPPERS
DATE. 03.21-:019 Scale: AS SHOWN L.B No. 7633
8
Page 13 of 439
ATTACHMENT A
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F:1$AII1Atto/agreements/forms/Use Agreements and Staging/Hebrew Academy
9
Page 14 of 439