95-21624 Reso
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RESOLUTION NO.
95-21624
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A REVOCABLE PERMIT IN FAVOR OF ST.
PATRICK'S SCHOOL, LOCATED AT 3701 NORTH
MERIDIAN AVENUE, TO INSTALL PERMANENT
ELECTRICALLY OPERATED TRAFFIC ARMS,
LANDSCAPE ISLANDS, LIGHTING, AND PARKING
SPACES ON MERIDIAN AVENUE, BETWEEN 37TH AND
39TH STREETS, RESTRICTING THAT PART OF MERIDIAN
AVENUE TO A ONE-WAY STREET.
WHEREAS, St. Patrick's School is the owner of property, located at 3701 North Meridian
Avenue, and legally described as Lots 12 to 19 of Block 2, and all of Block 5 of the Garden
Subdivision, as recorded in Plat Book 31, Page 9 of the Public Records of Dade County, Florida; and
WHEREAS, St. Patrick's School has applied for a revocable permit to install electrically
operated traffic arms, landscape islands, lighting, and parking spaces on Meridian Avenue, between
37th and 39th Streets, restricting that part of Meridian Avenue to a one-way street; and
WHEREAS, on June 22, 1995, the Mayor and City Commission held a public hearing to
consider the request, and it is recommended that the Revocable Permit (Exhibit "A") be approved.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach, Florida that the Mayor and City Clerk are authorized to execute the
Revocable Permit in favor ofSt. Patrick's School, as the owner of property located at 3701 North
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Meridian Avenue, for a revocable permit to install electrically operated traffic arms, landscape
islands, lighting, and parking spaces on Meridian Avenue, between 37th and 39th Streets, and
restricting that part of Meridian Avenue to a one-way street.
PASSED AND ADOPTED this 22ndday of
,1995,
ATTEST:
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FORM AP ROVED
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By
Date
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CITY OF
MIAMI
BEACH
~e
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUMNO.~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: June 22,1995
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
A RESOLUTrO OF THE MAYOR AND CrTY COMMrSSrON OF THE CrTY
OF MrAMr BEACH, FLORrDA, AUTHORrZrNG THE MAYOR AND CrTY
CLERK TO EXECUTE A REVOCABLE PERMrT rN FAVOR OF ST.
PATRrCK'S SCHOOL, LOCATED AT 3701 NORTH MERrDrAN, TO
rNSTALL PERMANENT ELECTRrCALLY OPERATED TRAFFrC ARMS,
LANDSCAPE rSLANDS, LrGHTrNG AND PARKrNG SPACES ON
MERrDrAN AVENUE, BETWEEN 37TH AND 39TH STREETS,
RESTRrCTrNG THAT PART OF MERrDrAN AVENUE TO A ONE-WAY
STREET.
ADMrNrSTRATrON RECOMMENDATrON:
The City Administration recommends that the City Commission approve
the resolution authorizing the Mayor and City Clerk to execute a
revocable permit requested by St. Patrick's School.
BACKGROUND:
The present barricades located on Meridian Avenue between Barry
Street and 39th Street have been in place for twenty-five (25)
years. The placement of the barricades was a public safety effort
to protect three hundred (300) school children who cross Meridian
Avenue many times a day since St. Patrick's School campus is
located on both sides of Meridian Avenue. The barricades are
constantly being ignored by drivers of vehicles who either drive
around them or move the barricades. This poses a serious threat to
the safety of the children. The accreditation of St. Patrick's
School is at risk because of this safety hazard. The present
traffic laws forbidding parking on Meridian Avenue in the school
zone between the hours of 7:00 a.m. and 6:00 p.m, are not being
complied with by the neighbors,
Continued.. .
1
AGENDA ITEM_ R -.3 ~ ,ti
DATE_~-;l~-G)5
COMMrssrON MEMORANDUM
JUNE 22, 1995
PAGE TWO
On March 3, 1995, the St. Patrick's Parish Council sent a letter to
the neighbors within the school's three hundred and seventy-five
foot (375') radius informing them of the plans and inviting their
comments on the proposal. In order to resolve these issues St.
Patrick's School made a request at the April 4, 1995, City
Commission meeting. St. Patrick's School requested permission to
replace the temporary barricades on Meridian Avenue between Barry
Street and 39th Street with electrically operated traffic control
arms and landscaped islands, together with the creation of parking
spaces on Meridian Avenue and restriction of traffic to northbound
one-way in the section between 37th and 39th Streets, a one-block
area. The fourteen (14) parking spaces will be used by residents
from the neighboring apartment buildings during the week nights and
weekends.
The City Commission referred the proposal to the Land Use and
Development Committee and set the public hearing. On May 10, 1995,
the Land Use and Development Committee examined the proposal and
recommended it be referred back to the City Commission for
consideration at the June 7, 1995 meeting in order to give St.
Patrick's sufficient time to establish community consensus and
gather all the necessary input from County and City officials.
On April 26, 1995, the City Clerk's office sent one hundred and
eleven (111) public notices requesting comments from our citizens.
On May 22, 1995, St. Patrick's School invited the neighbors within
the aforementioned radius as well as residents outside of that area
but in the neighborhood to attend a meeting to discuss the plans
for the temporary street closure. At this meeting, a traffic study
was requested. The study was to provide a professional analysis of
the potential options and the impact caused by the School's
proposal to the neighborhood. Specifically, the neighborhood to
the south of the school. wi th input given from the Florida
Department of Transportation and Dade County Public Works, the City
selected F.R. Aleman & Associates, a Minority Business Enterprise
firm with the ability to respond to short deadlines, to complete
this study.
The traffic study was conducted May 24-25, and June 10-11, 1995.
The study includes an analysis of St. Patrick's proposal, review of
the concerns and suggestions presented by the neighbors and
recommendations on each alternative solution.
Continued...
1~_a . 2
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COMMISSION MEMORANDUM
JUNE 22, 1995
PAGE THREE
ANALYSIS:
St. Patrick's School is proposing to replace the temporary
barricades the school is using on Meridian Avenue during school
hours with electrically operated traffic control arms and
landscaped islands, together with the creation of parking spaces on
Meridian Avenue for its neighbors and restriction of traffic to
northbound one-way in the section between 37th and 39th Streets, a
one-block area. Additionally, for the upcoming school year, the
school will dismiss the children through Garden Avenue and 39th
Street. Parents will be requested to park vehicles in the parking
lot between 39th Street and Barry Street. The School invited the
parents of these children to a meeting on May 31, 1995, to educate
the parents on the traffic laws and the new procedures for leaving
and picking up children in the coming school year. The proposed
temporary street closure during school hours was also explained to
the parents. A precedent has been set by this City for schools
that are located on a campus with a street crossing through the
middle of said campus. In the past, the following schools have
requested and received permanent street closures:
1. Fisher-Fienberg Elementary
2. South pointe Elementary
3. Biscayne Elementary
On June 7, 1995, Mr. Ira Elegant, Esq., Mr. Joel perwin, Ms. Lucia
Dougherty, Esq., Father Murphy and Mr. Philipe DeLeon, met to
discuss the street closure and to agree on a closure that would be
agreeable to both the neighbors and the school. The neighbors
south of the school are represented by Mr. Ira Elegant, who
expressed an agreement with the above proposals from St. Patrick's
School, if a landscaped island were placed on Meridian Avenue and
37th Street. Therefore, prohibiting access to Meridian Avenue from
Barry Street. This proposal was acceptable to the School and was
submitted as an alternative to be reviewed by the consulting
engineer, F.R. Aleman & Associates.
CONCLUSION:
The Administration recommends that the City Commission approve the
resolution authorizing the Mayor and City Clerk to execute a
revocable permit for the temporary closure of Meridian Avenue
between 39th Street and Barry Street; and to allow for the
permanent closure of Meridian Avenue and Barry Street through the
construction of a landscaped island. This will allow the
following for St. Patrick's School and the neighbors:
Continued. . .
',' 3
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COMMISSION MEMORANDUM
JUNE 22, 1995
PAGE FOUR
1. Improved safety of the children who are crossing Meridian
Avenue during school hours.
2. For the school to maintain its proper and mandatory
accreditation.
3. Alleviate any school traffic from accessing Meridian
Avenue.
4. Addresses the concerns of the neighbors south of the
school.
JGP:MDB:lcd
Attachments
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"
REVOCABLE PERMIT
THIS AGREEMENT, made on the 22nd day of June , 1995, by and
between the CITY OF MIAMI BEACH (City), and ST. PATRICK'S SCHOOL (Permittee),
WITNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises, located
at 3701 North Meridian Avenue, Miami Beach, and legally described as Lots 12 to 19 of Block 2,
and all of Block 5 of the GARDEN SUBDIVISION, as recorded in Plat Book 31, Page 9 of the
Public Records of Dade County, Florida; and
WHEREAS, the Permittee wishes to make an improvement on the Demised Premises; and
WHEREAS, the City in consideration of the restrictions and covenants herein contained,
hereby permits the exclusive use of the City right-of-way, as described in Exhibit "A" attached
hereto and incorporated herein, for the period of twenty (20) years commencing on
June 22,
,1995 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND AGREED BY THE
RESPECTIVE PARTIES HERETO:
That the recitations, statements, covenants, warranties and agreements hereinabove and in
the attached articles are true and binding upon the respective parties hereto,
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ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises to install permanent electrically operated
traffic arms, landscape islands, lighting and parking spaces, thereby restricting the Demised
Premises to a one way street, in the exact configuration as described in Exhibit "A," (the
Improvements), No other Improvements of any kind shall be made to the Demised Premises without
the prior written consent of the Mayor and City Commission.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals, permits
or licenses required for the placement of the Improvements upon the Demised Premises. The
Improvements made by Permittee shall be removed from the Demised Premises at the expiration or
termination of this permit. Removal by the City of the Improvements made by the Permittee or
portions thereof shall be at the sole expense of the Permittee and governed by Article X hereunder,
ARTICLE III
CONDITION OF DEMISED PREMISES AND MAINTENANCE
The Permittee, at its own expense, shall cause the Improvements and the Demised Premises
to be in a state of good condition from the commencement of this permit. The Permittee shall
maintain and keep the entire Demised Premises in a safe, clean condition, free of grease or refuse
and debris. All landscaped areas shall be maintained in a live, healthy, and growing condition,
2
properly watered and trimmed, Determination of the condition of said premises shall be made by
the City,
ARTICLE IV
INDEMNIFICATION
Permittee agrees that it will indemnify, hold and save the City, their officers, agents, and
employees whole and harmless and at City's option defend same, from and against all claims,
demands, actions, damages, losses, costs, liabilities, expenses and judgments of any nature recovered
from or asserted against City on account of injury or damage to persons or property to the extent that
any such damage or injury may be incident to, arising out of, or be caused, either proximately or
remotely, wholly or in part, by an act, omission, negligence or misconduct on the part of Permittee
or any of its agents or employees, with regard to the Demised Premises, or when any such injury or
damage is the result, proximate or remote, of the violation by Permittee or any of its agents or
employees of any law, ordinance or governmental order of any kind with regard to the Demised
Premises, or when any such injury or damage may in any other way arise from or out of the use by
Permittee, its employees or agents of the Demised Premises used hereunder, or arises out of any
action challenging the granting or legality of this Revocable Permit. Permittee covenants and
agrees that in case City shall be made party to any litigation against Permittee relating to the
Demised Premises, then Permittee shall, at the City's option, will defend such action and pay for the
defense costs of such action,
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ARTICLE V
NO LIABILITY FOR PERSONAL PROPERTY
All personal property placed or moved on the Demised Premises shall be at the risk of the
Permittee or the owner thereof. The City shall not be liable to the Permittee for any damage to any
personal property,
ARTICLE VI
CITY'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter upon the Demised Premises at any
time for the purpose of inspecting the Improvements and/or the Demised Premises" or to gain
access to or repair any utilities located with any City easement. Such right of entry shall also exist
for the purpose of removing structures, improvements, alterations or landscaping which do not
conform to this permit. Any removal of improvements or damage to the allowed Improvements or
landscaping made by the City and necessitated by the Permittee's use of the Demised Premises, shall
be at the sole expense of the Permittee, Further, the City shall not be responsible for the restoration
of the Demised Premises, its fixtures, fences, walls, or landscaping, in the event such are damaged
or removed by the City in order to inspect, repair or gain access to its utilities located on the land
which is the subject of this Revocable Permit. Additionally, any expenses incurred by the City, but
not paid by the Permittee, in removing such improvements or landscaping shall become a lien upon
the Permittee's abutting property, which may be foreclosed within one year of its filing,
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ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that the City may, in its sole
discretion, upon ten (10) days written notice to the Permittee, cancel or terminate this permit.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed to the
Permittee and mailed (certified mail, return receipt requested) or hand delivered to St, Patrick's
Church, 3716 Garden Avenue, Miami Beach, Florida 33140, shall constitute sufficient notice to the
Permittee, and written notice addressed to the City Manager and mailed (certified mail, return receipt
requested) or hand delivered to the City of Miami Beach, 1700 Convention Center Drive, Miami
Beach, Florida 33139, shall constitute sufficient notice to the City to comply with the terms ofthis
Permit. Notice by U.S. Mail shall be deemed effective when mailed,
ARTICLE IX
ASSIGNMENT
The Permittee shall not sublet, assign, transfer, mortgage, pledge, or dispose of this permit
for the term hereof,
ARTICLE X
SURRENDER OF PREMISES
At the expiration of this Permit or Cancellation thereof, Permittee shall, without demand,
quietly and peaceably deliver up possession of the demised premises free of any walls, fences or
other like fixtures or Improvements, The Permittee shall be responsible for the expenses to put the
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Demised Premises in said condition. If the premises are not in such condition, at the expiration,
renewal, or cancellation of this Permit, Permittee hereby agrees that the City shall have the right to
restore the Demised Premises to such condition, The Permittee agrees to reimburse the City for all
such expenses within thirty (30) days of mailing of a statement to the Permittee at the address
indicated in Article 8. If not paid, the expenses incurred by the City in so doing shall become a lien
upon the Permittee's abutting property and/or leasehold may be foreclosed with one year form the
filing of such a lien, or the City, at its option, may seek such other remedies as may be allowable by
law,
PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY
READ THE FOREGOING REVOCABLE PERMIT AND KNOWS
THE CONTENTS THEREOF AND FULLY REALIZES ITS
MEANING AND SIGNS THIS REVOCABLE PERMIT OF HIS
OWN FREE WILL.
IN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit
Agreement for the purposes herein expressed the days and years first above written,
ATTEST:
FORM AP?2oJ\'~)
LEGAL DEPT.
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In'the presence of:
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Witness
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PERMITTEE:
ST. PATRICK'S SCHOOL
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John C. Favalora, As Archbishop
Archdiocese of Miami
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