Resolution 2021-31626 RESOLUTION NO. 2021-31626
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY
AND THE GREATER MIAMI HEBREW ACADEMY FOR THE USE, BY THE
ACADEMY'S STUDENTS DURING THE ACADEMY'S HOURS OF
OPERATION, OF SIX (6) ON-STREET PARKING SPACES LOCATED ON THE
WEST SIDE OF THE 2400 BLOCK OF PINE TREE DRIVE, WHILE THE
ACADEMY UNDERGOES RENOVATIONS; SAID AGREEMENT
COMMENCING UPON EXECUTION BY ALL PARTIES AND EXPIRING ON
FEBRUARY 28, 2022, SUBJECT TO EXTENSION, AT THE CITY'S OPTION,
FOR AN ADDITIONAL PERIOD OF UP TO SIX MONTHS.
WHEREAS, the Greater Miami Hebrew Academy(the "Academy"), a Florida non-for-profit
organization (501C3), has undertaken a significant construction project that is scheduled to last
18 months and will eliminate parking at their middle school (west side of Pine Tree Drive); and
WHEREAS, the Academy has reached out to the City's Parking Department to procure
parking during the construction period to accommodate their students; and
WHEREAS, the City's Parking Department has a space rental program for the use of on-
street spaces, but the rental is limited to specific uses that do not include parking of personal
vehicles; and
WHEREAS, in order to accommodate this temporary use of the on-street spaces, the City
and the Academy have negotiated a License Agreement (the "Agreement") for the rental of six
(6) on-street parking spaces located on the west side of the 2400 block of Pine Tree Drive,
adjacent to the Academy's property, at the rate of$200 per space for every four(4) week period;
and
WHEREAS, the rate represents the cost of 10 hours a day, 5 days a week at the $1/hour
resident rate; and
WHEREAS, these parking spaces will be solely used for self-parking and will be made
available to Academy students from 7:00 A.M to 5:00 P.M., five days a week, Monday- Friday,
during the Academy's hours of Operation; and
WHEREAS, the Administration recommends approving the License 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 hereby approve and authorize the City Manager to execute a License
Agreement between the City and the Greater Miami Hebrew Academy for the use, by the
Academy's students during the Academy's hours of operation, of six (6) on-street parking
spaces located on the west side of the 2400 block of Pine Tree Drive, while the Academy
undergoes renovations; said Agreement commencing upon execution by all parties and
expiring on February 28, 2022, subject to extension, at the City's option, for an additional
period of up to six months.
PASSED and ADOPTED this ' day of March, 2021.
ATTEST:
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Dan Gelber, Mayor
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Rafael E. Granado, Cit Cle
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T:\Agenda\2021\5_March 17\Parking\HebrewAcademyParking-Agree.RESO.docx APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney 1 , Date
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Resolutions -C7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, Interim City Manager
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE CITY
AND THE GREATER MIAMI HEBREW ACADEMY FOR THE USE, BY THE
ACADEMY'S STUDENTS DURING THE ACADEMY'S HOURS OF
OPERATION, OF SIX (6) ON-STREET PARKING SPACES LOCATED ON
THE WEST SIDE OF THE 2400 BLOCK OF PINE TREE DRIVE, WHILE
THE ACADEMY UNDERGOES RENOVATIONS; SAID AGREEMENT
COMMENCING UPON EXECUTION BY ALL PARTIES AND EXPIRING ON
FEBRUARY 28, 2022, SUBJECT TO EXTENSION, AT THE CITY'S OPTION,
FOR AN ADDITIONAL PERIOD OF UP TO SIX MONTHS.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
The Greater Miami Hebrew Academy, a Florida non-for-profit organization (501C3), has
undertaken a significant construction project that is scheduled to last 18 months and will
eliminate parking at their school (west side of Pine tree Drive). The Academy has reached out to
the Parking Department to procure parking during the construction period to accommodate their
students.
During the construction period, the Academy requested the temporary use of six (6) on-street
spaces in front of the school. The parking department has a space rental program for the use of
on-street spaces, but the rental is limited to specific uses that do not include parking of personal
vehicles.
In order to accommodate the temporary request for the use of the on-street spaces, the City
and Academy have negotiated an agreement for the rental of six (6) on-street parking spaces
located on the west side of the 2400 block of Pine Tree Drive, adjacent to their property, at the
rate of $200 per space for every four(4)week period. The rate represents the cost of 10 hours
a day, 5 days a week at the $1/hour resident rate. This amount shall be prorated according to the
Page 342 of 2284
commencement date of the agreement and in the event of prior notice by the Academy that the
spaces would not be needed for five (5) or more consecutive days. The rental amount shall be
billed every four(4)weeks.
These parking spaces will be solely used for self-parking and will be made available to
Academy students from 7:00 A.M to 5:00 P.M., five days a week (Monday- Friday; hours of
Operation).
The Administration is seeking the approval of the attached agreement between the City and the
Academy for the rental of the six (6) on-street spaces on the west side of the 2400 block of
Pine tree Drive.
SUPPORTING SURVEY DATA
56.5% of residents feel that the City of Miami Beach government is open and interested in
hearing the concerns or issues of residents.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the proposed
use agreement with the Greater Miami Hebrew Academy to provide parking for their students.
Applicable Area
Middle Beach
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
Parking
ATTACHMENTS:
Description
o Resolution
Page 343 of 2284
LICENSE AGREEMENT
FOR
USE OF PARKING SPACES
THIS LICENSE AGREEMENT ("Agreement"), made the day of
, 2021 (the "Effective Date"), by and between the City of Miami Beach,
Florida (the "City"), a Florida municipal corporation, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139, and the Greater Miami Hebrew
Academy (the "Academy"), a Florida non-for-profit organization (501C3) (herein referred
to as "the Academy") having its principal offices at 2400 Pine Tree Drive, Miami Beach
33140 (the City and the Academy may be referred to herein each as a "party" or
collectively as the "parties"):
WHEREAS, the Academy wishes to reserve six (6) on-street parking spaces,
located on the west side of the 2400 block of Pine Tree Drive, adjacent to the Academy
property (collectively, the "Licensed Parking Spaces"); and
WHEREAS, the Academy has requested the Licensed Parking Spaces for use by
its students during the Term of this Agreement and the City has agreed to grant said
request, based upon the terms and conditions set forth herein.
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 the Academy hereby agree as follows:
1. The City hereby agrees to make available, for use by the Academy, the Licensed
Parking Spaces, for an initial term, commencing on the date the parties execute
the Agreement and expiring on February 28, 2022, unless terminated earlier, in
accordance with paragraph 2. Additionally, the City, at the City Manager's sole
discretion, may extend the Agreement for an additional period of up to six (6)
additional months (the 'extended term"). The initial and extended term shall be
collectively referred to herein as the "Term".
2. TERMINATION FOR CONVENIENCE. THE CITY AND THE ACADEMY MAY,
FOR THEIR CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE
AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN
NOTICE TO THE OTHER PARTY OF SUCH TERMINATION, WHICH SHALL
BECOME EFFECTIVE WITHIN FIFTEEN (15) DAYS FOLLOWING RECEIPT BY
THE OTHER PARTY 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 THE ACADEMY, MAY
IMMEDIATELY SUSPEND THE USE OF THE LICENSED PARKING SPACES
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 OR
THE ACADEMY, THE ACADEMY SHALL PAY FOR THE USE FEE ACCRUED
UP TO THE DATE OF TERMINATION, FOLLOWING WHICH THE CITY SHALL
BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS
ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
Exhibit"1"
Page 346 of 2284
3. Permitted Uses. The Licensed Parking Spaces will be used solely for self-parking,
available to Academy students. The Academy shall utilize the Licensed Parking
Spaces from 7:00 A.M to 5:00 P.M., five days a week, Monday through Friday (the
"Academy Parking Hours of Operation"). The City shall be responsible to installing
any required signage to indicate that parking during the Academy Parking Hours
of Operation shall be for the exclusive use of the Academy.
4. Municipal Use. The Licensed Parking Spaces shall be operated by the City,
outside of the Academy Parking Hours of Operation, consistent with the City's
normal and customary methods of operation of other on-street parking spaces,
which may include, but not limited to, hourly metered parking.
5. Use Fee. The Academy shall pay the City a use fee in the amount of $200.00
dollars per Licensed Parking Space for every four (4) week period, or a prorated
amount, as applicable (the "Use Fee"), due and payable in advance on the first
day of each month.
In the event the Academy does not need the use of any of the Licensed Parking
Spaces for any period of five (5) or more consecutive days during the Term of the
Agreement, the Academy shall provide the City Manager's designee with a
minimum of five (5) business days' advance notice of such intent. The Academy
will not be billed for duly noticed non-use of any of the Licensed Parking Spaces.
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, the Academy agrees to 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 in equity), claims, liabilities, losses, and expenses, including,
but no 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 the Academy, its officers, directors, members, employees,
agents, contractors, subcontractors, students or any other person or entity acting
under the Academy's control or supervision;(2)the Academy's breach of the terms
of this Agreement or its representations and warranties herein; or (3) the use or
occupancy of the Licensed Parking Spaces. To that extent, the Academy shall
pay all such claims and losses and shall pay all such costs and attorney's fees
expended by the City in the defense of such claims and losses, including appeals.
This indemnification provision shall survive the expiration or early termination of
this Agreement.
7. Insurance. Prior to the Effective Date, the Academy shall provide the City, for the
City's review and approval, with evidence of General Liability, Automobile Liability
and Worker's Compensation insurance, in such form and amount(s) as shall be
satisfactory to the City's Risk Manager. The minimum limits of coverage for
General Liability shall be $1,000,000 per occurrence, combined, single limit for
bodily injury liability and property damage liability, and shall name the City of Miami
Beach, Florida, as additional insured.
8. Notices. All notices and communications, in writing, required or permitted
hereunder may be delivered personally to the representatives of the City and the
Academy listed below or may be mailed by registered mail, postage prepaid. Until
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Page 347 of 2284
changed by notice in writing, all such notices and communications shall be
addressed as follows:
As to the City: City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Parking Department Director
As to the Academy: Greater Miami Hebrew Academy
2300 Pine Tree Drive
Miami Beach, Florida 33140
Attention:
9. The provisions of this Agreement may be amended, modified or released by a
written instrument executed by the Academy and the City.
10. Invalidation of any of these covenants by judgment of Court shall not affect any of
the other provisions, which shall remain in full force and effect.
11. This Agreement shall be construed and governed in accordance with the laws of
the State of Florida and any dispute arising hereunder shall be resolved in a court
of competent jurisdiction in Miami-Dade County, Florida. Academy and City waive
any rights either party may have to a trial by jury of any civil litigation related to, or
arising out of, this Agreement. Each party shall bear their own costs and fees in
connection with any dispute or litigation relating to, or arising out of, this
Agreement.
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IN WITNESS WHEREOF, the City and the Academy have caused these presents
to be signed in their name by their proper officials.
Attest: City of Miami Beach, Florida,
a Florida municipal corporation
Rafael E. Granado, City Clerk Raul J. Aguila, Interim City Manager
Signature
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of_physical
presence or online notarization, this day of , 2021, by Raul
J. Aguila, as Interim City Manager, of the City of Miami Beach, Florida, on behalf of the
corporation, who is personally known to me or has produced
, as identification.
Witness my signature and official seal this day of , 2021.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
3- 1-Z)
City Attorney ,i.,- Date
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Witnesses: Greater Miami Hebrew Academy,
a Florida non-for-profit company
Signature
Print Name
Print Name/Title
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of physical
presence or online notarization, this day of , 2021, by
, as of the Greater Miami
Hebrew Academy, a Florida not-for-profit company, on behalf of the corporation, who
is personally known to me or has produced
, as identification.
Witness my signature and official seal this_day of , 2021.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
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