Resolution 2018-30472 RESOLUTION NO. 2018-30472
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN EMERGENCY
ACCESS EASEMENT AGREEMENT BETWEEN THE
CITY, AS GRANTOR, AND GREATER MIAMI HEBREW
ACADEMY, AS GRANTEE, FOR AN EMERGENCY
ACCESS EASEMENT THROUGH THE CITY'S PARKING
LOT AT THE PAR 3 PROPERTY, A COPY OF WHICH
EASEMENT IS ATTACHED HERE TO AS EXHIBIT A.
WHEREAS, the educational institution known as the "Greater Miami Hebrew
Academy" (Grantee) is located at 2400 Pine Tree Drive, Miami Beach; and
WHEREAS, the Grantee's property contains four original two-story school
buildings, a gymnasium, one tennis court, one basketball court and 100 surface parking
spaces; and
WHEREAS, all four of the original school buildings were designed by Morris
Lapidus, Harle, and Liebman and constructed in 1962; and
WHEREAS, on May 5, 2015, the Grantee received design review approval,
under DRB file No. 23162, of the Zyscovich Architecture design for a new three-story
middle/high school building at the north end of the Hebrew Academy property, which will
contain classrooms, storage and office space; and
WHEREAS, the Grantee is currently completing construction of the Zyscovich
designed structure, and is seeking final sign-off from the Miami Beach Fire Department;
and
WHEREAS, the Fire Department is required to enforce the Florida Fire
Prevention Code, which requires additional emergency exits from the structure, to
ensure the safety of the students; and
WHEREAS, due to the configuration of the structures, and the size of the lot, the
emergency exit lane would require easement access across the adjacent City land, in
the area designated to become a parking lot for the Par 3 Property.
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 Mayor and City Clerk to execute an
Emergency Access Easement Agreement between the City, as Grantor, and Greater
Miami Hebrew Academy, as Grantee, for an emergency access easement through the
City's parking lot at the Par 3 Property; a copy of which easement agreement is
attached here to as Exhibit A.
PASSED and ADOPTED this 12th day of September 18.
ATTEST:
/ il
Dan Gelber, Mayor
/ �I21 I Y
Rafa E. Granado, Ci�tvy Clierk
APPROVED AS TO
FORM 8( LANGUAGE
P, p �F & FOR EXECUTION
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Resolutions - C7 X
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN EMERGENCY ACCESS EASEMENT
AGREEMENT BETWEEN THE CITY, AS GRANTOR, AND GREATER MIAMI
HEBREW ACADEMY,AS GRANTEE, FOR AN EMERGENCY ACCESS EASEMENT
THROUGH THE CITY'S PARKING LOT AT THE PAR 3 PROPERTY, A COPY OF
WHICH EASEMENT IS ATTACHED HERE TO AS EXHIBIT A.
ANALYSIS
The educational institution known as the "Greater Miami Hebrew Academy" (Grantee) is located at
2400 Pine Tree Drive, Miami Beach. Grantee purchased the property at 2400 Pine Tree Drive from
the City of Miami Beach and is located adjacent to the Par 3 Lot, and proposed parking lot to the Par
3 course. The Grantee's property contains four original two-story school buildings, a gymnasium,
one tennis court, one basketball court and 100 surface parking spaces. NI four of the original school
buildings were designed by Morris Lapidus, Harle, and Liebman and constructed in 1962.
On May 5, 2015, the Grantee received design review approval, under DRB file No.: 23162, of the
Zyscovich Architecture design for a new three-story middle/high school building at the north end of
the Hebrew Academy property, which will contain classrooms, storage and office space. The Grantee
is currently completing construction of the Zyscovich designed structure, and is seeking final sign-off
from the Mian Beach Fire Department. The Fire Department is required to enforce the Florida Fire
Prevention Code, which requires additional emergency exits from the structure, to ensure the safety
of the students.
Due to the configuration of the structures, and the size of the lot, the emergency exit lane would
require easement access across the City's land, in the area designated to become a parking lot for
the Par 3 course.
The Grantee has prepared the legal description and survey of the proposed location of the
emergency ac /ass easement across the City's property. In order to assist with ensuring the health,
safety and welfare of the students.
CONCLUSION
The Adnnistration recommends approving the Resolution with the attached access easement for the
GMHA.
Page 673 of 1802
Legislative Tracking
Public Works
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Sketch and legal
❑ Survey with easement
❑ FORM APPROVED RESO AND AGREEMENT
Page 674 of 1802
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LOCATION MAP
SECTION 27, TOWNSHP 53 SOUTH, RANGE 42 EAST
SUBJECT PROPERTS LYING AND BEING IN MIAMI-DADE COUNTY FLORIDA
ADDRESS; (NOT TO SCALE)
FOLIO No. 02-3227-000-0092 CERTIFIND TO;
2400 PINE TREE DRIVE
MIAMI BEACH, FL 33140 THIS SKETCH AND LEGAL HAS BEEN PREPARED FOR THE
EXCLUSIVE USE OF THE ENTITIES NAME HEREON. THE
AREA OF PROPERTY. 146,390 SQUARE FEET AND/OR CERTIFICATONS DO NOT EXTEND TO ANY UNNAMED
PARTIES.
3.361 ACRES MORE OR LESS.
- GREATER MIAMI HEBREW ACADEMY
- CITY OF MIAMI BEACH
SO'RVN=ORS CERTIFICATE;
I HEREBY CERTIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THIS 'SPECIFIC PURPOSE
SURVEY" IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY PREPARED UNDER MY DIREC-ION.
THAT IT MEETS THTANDARDS OF PRACTICE AS SET FORTH BY THE STATE OF FLORIDA BOARD OF
PROFESSIONAL ,ANQ "�i9'., YORS IN CHAPTER 5J-17-050 THROUGH 5J-17.052 OF THE FLORIDA
ADMINIS RAT td JOX0111,,,7S IMPLEMENTING LAW, PURSUANT TO CHAPTER 42.02, FLORIDA
STATUTE mi a %p`,
SIGNED
yc/� 4Y FOR THE FIRM ARTURO MENDIGU TIA, P.S.M.
P.S.M. No 'sy T'- .4T O.gFS''E ORIDA NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEA i R,�O'A ICENSED SURVEYOR AND MAPPER. ADDITIONS OR DELETIONS TO
SURVEY MA' YOP:i$Rifre ;v. BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED
WITHOUT WRITTEN ' -4“1 - T 0= THE SIGNING PARTY OR PARTIES IN A DIGITAL FORMAT NOT
VALID WITHOUT AN AUTHENTIC ELECTRONIC SIGNATURE AND AUTHENTICATED ELECTRONIC SEAL.
SHEET 1 NOT VALID WITH OUT SHEET 2
FOLIO NUMBER: 02-3227-000-0092
1435 5.1N.87th AVENUE
LOCATION MAP,SURVEYORS NOTES& CERTIFICATE SUITE"201"
MIAMI,FL 33174
Project No.:1807-144 PHONE:(305)556-4002
Drawn by:M.G. SKETCH `L`/moi�mani; FAX:(305)556-4003
EMAIL:
Approved by:AM SHEET 1 OF 2 SUIN vwlr a ASSOGATO.INIC.
JFEE@LMSURVEYING.COM
-DATE:08-16-2018 Scale: AS SHOWN Y49@ sfIce(. L SURVEYORS AND MAPPERS
L.9.No. 7633
tec• E�TIC0Hr 4 ND L__ !��A L
El rHEIrB!P "All
PROPOSED
A PORTION o SECTION
CTIo - 4z AMN1 FOUND
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300' 1(No 12)
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LEGAL DESCREPPIOR OP 1 .sEP.OENT
PROPOSED EASDP68RTa I
A 5' EASEMENT FOR INGRESS, EGRESS AND REGRESS PURPOSES ALONG A PORTION ,a 21
Q
OF LAND IN THE SE, ',( OF SECTION 27. TOWNStl'P 53 SOUTH, RANGE 42 EAST, NORTHER N^ °14
JADE-COUNTY, FLORIDA SUBJECT PROPER'Y ',I N J
0
10
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. J ow
FO
81
COMMENCE AT A POINT ON THE EASTERLY UNE OF PINE TREE DRIVE AT THE W 1
in
INTERSECTION 4MTH THE NORTHERLY LINE OF WEST 25TH STREET, AS SHOWN w r
ON THE PLAT OF FLAMINGO TERRACE EXTENSION, RECORDED IN PLAT BOOK 38, M 0
100 O4
PAGE 61, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THENCE RUN SOUTFERLY,
ALONG THE EASTERLY LINE OF PINE TREE DRIVE FOR A DISTANCE OF 37996 FEET SUBJECT PROPERTY _E2�' m 0 :
TO A POIN-, THENCE RUN WESTERLY. AT RIGHT ANGLE TO THE EASTERLY BOUNDARY 2400 PINE TREE DRIVE
MIAMI BEACH FL 33140 /, p Q
LINE OF SUBJECT PROPERTY SAID LINE ALSO BEING THE WESTERLY RIGH-OF-WAY FOLIO No. D2-3227-000-0092 0
LINE OF PINE TREE DRIVE FOR A DISTANCE OF 150.00 FEET TO THE POINT; THENCE 1
NORTH ALONG THE EASTERLY BOUNDARY LINE OF SUBJECT PROPERTY FOR A AI Q
DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE
NE CORNER OF SUBJECT PROPERTY, THENCE CONTINUE ALONG THE LAST DESCRIBED
H PSSVROPOEN io
COURSE FOR A DISTANCE OF 5.0 FEET, THENCE WEST AT RIGHT ANGLE (900 FOR A Zd
DISTANCE OF 180 OD FEET:THENCE SOUTH AT RIGHT ANGLE (90') FOR A DISTANCE OF
3100 FEET: THENCE EAST AT RIGHT ANGLE (90') FOR A DISTANCE OF 5 FEET TO A NE
ERnzr EASTERLY
POINT ON THE WESTERLY BOUNDARY LINE OF SUBJECT PROPERTY: THENCE NORTH ALONG EASTERLY BOUNDARY TE BEGINNING
OF SUBJECT PROPERTY i0 FOUND j'
THE WESTERLY BOUNDARY LINE FOR A DISTANCE GE 26.00 FEE- TO A POINT, SAID POINT ;1 IRON PIPE
ALSO BEING THE NW CORNER OF SUBJECT PROPERTY. THENCE EAST ALONG THE NORTHERLY
BOUNDARY LINE OF SUBJECT PROPERTY FOR A DISTANCE OF 175.00 FEET TO THE WJOp
POINT OF BEGINN,NG. �
250.00' "g I
SAID LANDS LYING AND BEING IN MIAMI DADE COUNTY. FLORIDA AND
CONTAINING 1.030 SO FT OR ,024 ACRES MORE OR LESS
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RAPHIC SCALE
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( IN FEET J CO/MMENGEMENi
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SHEET 2 NOT VALID WITH OUT SHEET 1 (R EEE���
FOLIO NUMBER:02-3227-000-0092
70 Illial"."1.11,1% 1435 S.W.87th AVENUE
LEGEND&ABBREVIATION-SKETCH AND LEGAL SUITE"201"
MIAMI,FL 33174
Pr ject No.:1807-144-SKETCH AND LEGAL PHONE:(305)556-4002
Drawn by: M.G. SKETCH LL`NQA, �� FAX:(305)556-4003
EMAIL:
Approved by:AM SHEET 2 OF 2 suavEVLhla a AssooATIES.'PVC. /FEE@LMSURVEYING.COM
PRORWEenalfaZORS AND MAPPERS
Date: 08-16-2018 Scale: 1"-30' LB.No. 7633
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Exhibit A
This instrument prepared by, or under the
supervision of(and after recording, return to):
Raul Aguila
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
(Reserved for Clerk of Court)
EMERGENCY ACCESS EASEMENT AGREEMENT
THIS EMERGENCY ACCESS EASEMENT AGREEMENT ("Easement Agreement"), is
made this day of September 2018, by City Of Miami Beach, a Florida municipal
corporation, whose address is 1700 Convention Center Drive, Miami Beach, Florida 33139, as
the grantor ("Grantor" or "City"), and Greater Miami Hebrew Academy, a Florida not-for-profit
corporation, whose address is 2400 Pine Tree Drive, Miami Beach, Florida 33139, as the
grantee ("Grantee").
WITNESSETH:
WHEREAS, Grantor owns that certain property, having a street address of 2300 Pine
Tree Drive, Miami Beach, Florida 33140 ("City's Property); and
WHEREAS, Grantee owns that certain property, having a street address of 2400 Pine
Tree Drive, Miami Beach, Florida 33140, and mere particularly described in Exhibit "1" attached
hereto ("Grantee's Property"), where Grantee operates an educational institution known as the
"Greater Miami Hebrew Academy"; and
WHEREAS, Grantee's Property is located adjacent to the City's Property, and Grantor
anticipates developing a parking lot, along the west side of the City's Property; and
WHEREAS, the Grantee's property contains four original two-story school buildings, a
gymnasium, one tennis court, one basketball court and 100 surface parking spaces; and
WHEREAS, all four of the original school buildings were designed by Morris Lapidus,
Harle, and Liebman and constructed in 1962; and
WHEREAS, on May 5, 2015, Grantee received design review approval, under DRB File
No.: 23162, of the Zyscovich Architecture design for a new three-story middle/high school
building at the north end of the Hebrew Academy property, which will contain classrooms,
storage and office space (the "Building"; and
WHEREAS, Grantee is currently completing construction of the Zyscovich designed
structure, and is seeking final sign-off from the Miami Beach Fire Department; and
WHEREAS, the Miami Beach Fire Department is required to enforce the Florida Fire
Prevention code, which requires an additional emergency exit from the Building , to ensure the
safety of the students; and
Page 680 of 1802
Page 2 of 4
jl
WHEREAS, due to the configuration of the Building structure, and the size of Grantee's
Property, the emergency exit lane would require an emergency access easement across a
portion of the City's Property; and
WHEREAS, in order to assist with ensuring the health, safety and welfare of the
students, on the City of Miami Beach Mayor and Commission
adopted Resolution No. , approving an Emergency Access Easement
through a portion of the City's Property, as delineated in this Easement Agreement.
NOW THEREFORE, for and in consideration of ten and 00/100 dollars ($10.00) and
other good and valuable consideration the parties hereby mutually covenant and agree as
follows:
1. The above recitals are true and correct, and are hereby incorporated into this
Agreement.
2. Grantor hereby grants unto Grantee, its officers, agents, employees, contractors,
successors and assigns, a non-exclusive, perpetual and irrevocable emergency access
easement upon and through a portion of the City's Property, as more particularly described in
Composite Exhibit "2" ("Sketch and Legal"), attached hereto and incorporated herein by
•
• reference (the "Easement Area"). The easement granted hereunder shall be for the sole
•
purposes of (I) providing Grantor's employees, officials, agents, contractors, guests, invitees
and any and all other persons permitted and/or authorized by Grantee onto Grantee's Property
with a non-exclusive way of passage through the Easement Area solely for the permitted uses
described herein, which is to provide fire emergency exit from the Building, located on Grantee's
Property, and which is located directly adjacent to the Easement Area.
3. Term of Easement. The easement and rights granted herein shall be perpetual
and shall be possessed and enjoyed by the Grantee, its successors and assigns, for the
•
• purposes stated herein. Should the Building be demolished, substantially (more than 40
•
percent) removed, or otherwise modified to the extent that an emergency access easement is
no longer required by the applicable governmental authorities governing the Building, then the
City shall have the right to unilaterally terminate the Easement Agreement.
4. Rights and Restrictions of Grantor. Grantor shall maintain the Easement Area
and have the right to full use and enjoyment of the Easement Area, except for such use as may
unreasonably interfere with the exercise by the Grantee of the rights granted herein. Grantor's
reasonable use of the Easement Area includes, but shall not be limited to, the installation of
landscaping and related infrastructure, and/or the construction or modification of curbs,
sidewalks, parking lots and driveways, or the installation of potable water lines, waste water •
lines, stormwater pipes; street lighting and electrical and cable lines and systems, as well as
•
any existing gas, telephone, or cable lines within the Easement Area.
6. Successors and Assigns. This Agreement shall be binding on the successors
and assigns of Grantor and Grantee.
7. Amendments; Termination. Except with respect to the Grantor's termination
right, as set forth in Section 3, this Easement Agreement may not be amended, modified or
terminated except by written agreement of all of the parties hereto or their respective
successors and/or assigns.
• Page 681 of 1802
Page 3 of 4
1
8. Entire Agreement. This Easement Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior
agreements, understandings and arrangements, both oral and written. •
9. Indemnification/Hold Harmless. Grantee agrees to indemnify and hold the City, •
its officers, employees, contractors and agents, harmless, from any and all losses, expenses,
liens, claims, demands and causes of action of every kind and character for personal injury, •
property damage, or any other liability, damages, fines or penalties, including, costs, attorneys
fees and settlement, resulting from, arising out of, or in any way connected to the use of the
City's Property by the Grantee, and/or its officers, employees, contractors, agents, guests or
invitees, except to the extent that the same are the direct result of the gross negligence or willful
misconduct of Grantor, or Grantor's officials, employees, contractors, or agents.
•
10. Reservation. Grantor hereby reserves all rights of ownership in and to the
• Easement Area which are not inconsistent with the easement and rights granted herein,
including, without limitation, the right to grant further easements on, over and/or across such
area and all other uses not interfering with the uses permitted herein.
• 11. Governing Laws. The laws of the State of Florida shall govern the interpretation,
validity, performance and enforcement of the Easement Agreement. Venue for any action
brought hereunder shall be proper exclusively in Miami-Dade County, Florida.
• 12. Waiver. No express or implied consent or waiver by a party to or of any breach or •
default by the other party in the performance by such other party of its obligations under this
Easement Agreement will be deemed or construed to be a consent or waiver to or of any other
• breach or default in the performance by such other party of the same or any other obligations of
such other party hereunder. Failure by a party to complain of any act or failure to act of the
other party or to declare the other party in default, irrespective of how long such failure
•
continues will not constitute a waiver by such party of its rights hereunder. The giving of
consent by a party in any one instance will not limit or waive the necessity to obtain such party's
consent in any future instance.
•
13. Notices. All notices and communications in writing required or permitted
•
hereunder may be delivered personally to the representatives of the City and the Grantee as
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:
•
•
Grantor:
•
City of Miami Beach
1700 Convention Center Drive
4th Floor, Office of the City Manager
Miami Beach, FL 33139
Attn: City Manager
Page 682 of 1802
Page 4 of 4 !{
Grantee: II
Greater Miami Hebrew Academy
2400 Pine Tree Drive,
Miami Beach, FL 33139
Attn:
TO HAVE AND TO HOLD the same unto Grantee, its successors and assigns forever,
and Grantor will defend the title to the City's Property against the lawful claims of all persons
whomsoever. '
IN WITNESS WHEREOF, Grantor and Grantee have caused these presents to be
executed in their name, and their corporate seal to be hereunto affixed, by their proper officers
thereunto duly authorized, the day and year first above written.
GRANTOR
•
•
•
• ATTEST: CITY OF MIAMI BEACH
City Clerk Mayor
1700 Convention Center Drive
Miami Beach, Florida 33139
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
a c. , F- 9 (4 If r
City Attorney ' Dated
•
It' d
Page 683 of 1802