2003-25221 ResoRESOLUTION NO. 2003-25221
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 EASEMENT AGREEMENT FOR AN EMERGENCY
WALKWAY EASEMENT GRANTING A NON EXCLUSIVE
LIMITED EMERGENCY WALKWAY EASEMENT IN FAVOR OF
SHALOM YEFET AND WIFE NELLY, OWNERS OF THE
PROPERTY LOCATED AT 210 - 23Rv STREET, AND IN FAVOR OF
CHOWFUNA, LLC., THE RESTAURANT TENANT AT SAID
PROPERTY, OVER AND ONTO THE ADJACENT CITY'S
ACCESSIBLE GROUNDS AT THE REGIONAL LIBRARY
PROPERTY LOCATED AT 227- 22NO STREET;AND
EFFECTUATING THE TRANSACTION, SUBJECT TO FINAL
REVIEW OF SAME BY THE CITY ATTORNEY'S OFFICE.
WHEREAS, the City owns Lots 4, 6, and 7 to 12 of Block 2 of the Amended Plat of the
Ocean Front Property of the Miami Beach Improvement Company as recorded in Plat Book 5,
Page 7 of the Miami-Dade Public Records; and
WHEREAS, following a City Commission workshop on January 29, 1997, the City
selected the area adjacent to the Bass Museum, between 22nd and 23rd Streets on Liberty
Avenue as the site (the "Site") for a Regional Library with parking facilities; and
WHEREAS, in Septc~nber 23, 1998, the Mayor and City Commission adopted
Resolution No. 98-22904 awarding a contract for the design, and in April 10, 2002, adopted
Resolution No. 2002-24828 for the construction of the Regional Library on said Site; and
WHEREAS an existing restaurant located at 210-23rd Street, had previously an
emergency fire escape exit over the previously existing parking on Lot 4 of Block 2; and
WHEREAS, Shalom Yefet and wife Nelly ("Owners"), owners of the property at 210-
23~d Street, and Chowfuna LLC, the restaurant tenant at this property (the "Tenant"), require for
the operation of the restaurant a second emergency ingress and egress which is accessible only
on Lot 4 of the City's Regional Library Site; and
WHEREAS, the Owners and Tenant have requested the City to grant an emergency
walkway easement over, upon, and across Lot 4 of the Site, at a location acceptable to the City,
with all construction, maintenance, and required insurance expenses to be borne by Owners and
Tenant as specified in the attached Easement Agreement.
Page 1 of 2
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 hereby authorized to execute an Easement Agreement for an Emergency Walkway
Easement, granting a non exclusive limited emergency walkway easement in favor of Shalom
Yefet and wife Nelly, owners of the property located at 210 - 23rd Street and in favor of
Chowfuna, LLC., the restaurant tenant at said property, over and onto the adjacent City's
accessible grounds at the Regional Library property located at 227- 22nd Street, and effectuating
the transaction, subject to final review of same by the City Attorney's Office.
PASSED and ADOPTED this 21st
ATTEST:
CITY CLERK
day of ymy ,2003
F:\WORK~;ALL\COMMISSION AGENDA ITEMS~Meeting May 21, 2003\Library Easement 5-21\LibraryEasmtReso.doc
Approved as to form and
language and for execution
Dated
Page 2 of 2
CI'IY OF MIAMI BEACH
COIVMISSlON ITEM SUMMARY
Condensed Title:
IA resolution authorizing the Mayor and City Clerk to execute a grant of an emergency walkway easement
in favor of the property owner/s at 210-23~ Street, over Lot 4 of the adjacent City's Regional Library.
Issue:
IShall the City grant the emergency walkway easement at the Miami Beach Regional Library site to the
adjacent property owners at 210-23r~ Street?
Item Summary/Recommendation:
Following the selection by the City Commission of the site between 22na and 23ra Streets, east of Liberty
Avenue, to construct the Miami Beach Regional Library over an existing parking lot area, a construction
contract was awarded in April 2002, and construction commenced on May 6, 2002. Adjacent to the
Regional Library site at the property located on 210-23rd Street, a previously existing restaurant is being re-
established/renovated; during the review of these reconstruction plans, the City's Fire Department required
that a secOndrd emergency exit be provided onto the Regional' Library's site. The Owners of the property at
210-23 Street and the restaurant tenants have requested the City to grant an emergency walkway
easement over and across the Regional Library site. Administration has reviewed the emergency walkway
easement request and recommends it be ~lranted.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of Amount Account Approved
Funds:
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
l Gary Kokorian
Sign-Offs:
/~__~~ger
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.rniami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: May 21,2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ .,,.J~
City Manager
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 EASEMENT AGREEMENT
FOR AN EMERGENCY WALKWAY EASEMENT GRANTING A NON
EXCLUSIVE LIMITED EMERGENCY WALKWAY EASEMENT IN FAVOR
OF SHALOM YEFET AND WIFE NELLY, OWNERS OF THE PROPERTY
LOCATED AT 210 - 23RD STREET AND CHOWFUNA, LLC.,
RESTAURANT TENANT AT SAID PROPERTY, OVER AND UNTO THE
ADJACENT CITY'S ACCESSIBLE GROUNDS AT THE REGIONAL
LIBRARY PROPERTY LOCATED AT 227- 22ND STREET;
EFFECTUATING THE TRANSACTION, SUBJECT TO FINAL REVIEW OF
SAME BY THE CITY ATTORNEY'S OFFICE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Following a City Commission workshop in January 29, 1997, the City determined the area
adjacent to the Bass Museum, between 22nd and 23rd Streets and Collins Avenue as the
site for a Regional Library with parking facilities. In September 23, 1998 the Mayor and
City Commission adopted Resolution No. 98-22904 awarding Robert A.M. Stern Architects
a contract for the design of the Regional Library and parking facilities over Lots 4, 6 and 7
to 12 of Block 2 of the Amended Plat of the Ocean Front Property of the Miami Beach
Improvement Company as recorded in Plat Book 5, Page 7 of the Miami-Dade Public
Records.
An existing restaurant at 210-23rd Street, located on Lot 3 of Block 2, previously had an
emergency fire escape exit over the previously existing parking lot on Lot 4 of Block 2.
Mr. Randazzo, the former chef at the Gaucho room, and his wife Andrea Curto-Randazzo,
the former chef at Wish, d/b/a Chowfuna LLC, have leased the restaurant at 210 23rd
Street, and are in the process of investing to re-establish an upscale restaurant at this
location.
During the plans review, the City's Fire Department required the re-instatement of the
second emergency exit route which was inadvertently eliminated during the design and
construction of the Regional Library.
The Owners of the property at 210-23rd Street, Shalom Yefet and wife Nelly, and
Chowfuna LLC, the restaurant tenant at this property, are requesting from the City a non-
exclusive emergency walkway easement over Lot 4 of Block 2 of the Regional Library site.
ANALYSIS
The Fire Department has recommended the emergency walkway easement (The
Easement- as shown on the attached sketch of the Regional Library) as the best second
exit for patrons of the 210 - 23rd Street restaurant property (The Property), in the event of
an emergency. As seen by the attached Easement Agreement, it would be a minor
imposition on the Regional Library since it would only be used by persons at the Property
should a fire or other emergency develop. The fire easement is contingent on a properly
licensed operation of a restaurant at the Property and the construction of a gate, paid by
the Property owners, that is approved by the City to be consistent with the design of the
Regional Library and Cultural Plaza. The property owners have also agreed to maintain
any improvements required on the walkway to make it usable as an emergency egress
route.
The 210 Property owners and restaurant tenant have agreed to indemnify the City against
any damages that might arise from the grant of this emergency easement and to maintain
all required insurances for the use of this easement.
CONCLUSION
The Administration recommends that the Mayor and City Clerk be authorized to execute
the necessary documents for granting a non-exclusive emergency walkway easement to
the owneds of the Property located at 210 - 23rd Street, adjacent to the Regional Library,
over Lot 4 of Block 2 as shown in the attached sketch.
Attachments
JMGIRCMIFHBIRHIAVNGK
T:~AGENDA~2003~may2103~regular%ibrary Easement Memo.doc
PREPARED BY AND WHEN RECORDED, RETURN TO:
Janice L. Russell, Esq.
AKERMAN, SENTERFITT & EIDSON, P.A.
One S.E. Third Avenue, 28th Floor
Miami, Florida 33131
EASEMENT AGREEMENT FOR
EMERGENCY WALKWAY EASEMENT
THIS AGREEMENT FOR EMERGENCY WALKWAY EASEMENT ("Agreement") is
dated as of ~/.~ 2~ [ , 2003, by and between CITY OF MIAMI BEACH, a municipal
corporation existing under the law of the state of Florida ("CITY"), and SHALOM YEFET and
NELLY YEFET, his wife (collectively "YEFET"), and CHOWFUNA, LLC, a Florida limited
liability company ("RESTAURANT TENANT").
RECITALS
A. CITY owns that certain parcel of real property located in the County of Miami-
Dade, State of Florida, as described in Exhibit A attached hereto and incorporated herein by this
reference (referred to herein as "Parcel 1").
B. YEFET owns that certain parcel of real property located in the County of Miami-
Dade, State of Florida, as described in Exhibit B attached hereto and incorporated herein by this
reference (referred to herein as "Parcel 2").
C. RESTAURANT TENANT requires for the operation of its restaurant on Parcel 2
an easement for pedestrian ingress and egress over, upon and across Parcel 1, at a location on
Parcel 1 to be determined by the parties and acceptable to the CITY ("Emergency Walkrway
Easement", "Emergency Walkway Easement Area", or "Easement"), for the benefit of Parcel 2
for the sole purpose of providing emergency pedestrian egress from the rear of the restaurant
located on Parcel 2 in case of a fire or other emergency.
Do
An overlay reflecting the location of Parcels 1 and 2 is attached hereto as Exhibit
I M1928342;4 }
Page I of 7
EASEMENT
1. Emergency Walkway Easement. CITY hereby grants and conveys to YEFET
for the use and benefit of the RESTAURANT TENANT a non-exclusive easement to utilize an
approximately four foot wide Emergency Walkway Easement Area at a location within Parcel
1 to be determined by the parties and acceptable to the CITY, for the sole purpose of providing
emergency pedestrian ingress and egress over and across Parcel 1 from the rear of Parcel 2, in
the event of a fire or other emergency for the benefit of the occupants of the RESTAURANT
TENANT.
2. Fire Exit Gate and Other Improvements. The grant of this Easement is
expressly conditioned on the erection and maintenance by YEFET and the RESTAURANT
TENANT of a gate, as depicted in Exhibit C, identified with a sign stating "Emergency Fire Exit
Only" (as detailed and specified by the attachment to Exhibit C, to be approved by the City's
Fire Marshal). Furthermore, YEFET and the RESTAURANT OWNER agree to pay for the
erection and ongoing maintenance, within thirty days of written notice thereof by the CITY, of
any additional Easement improvements (such as lights, handrails and other devices) on Parcel 1
that the City Fire Marshal decides, in his reasonable discretion, are necessary to provide YEFET
and the RESTAURANT OWNER the Emergency Walkway Easement. Unless there is an
emergency evacuation of Parcel 2, no person may use the Emergency Walkway Easement except
for the sole purpose of maintaining the gate and Easement improvements. The gate design and
materials shall be architecturally compatible with the CITY's perimeter fence on Parcel 1 and the
plans for the gate shall be submitted to the CITY for its approval prior to installation of the gate.
RESTAURANT TENANT shall maintain the gate and any required "emergency exit" signage in
good condition and repair, reasonable wear and tear excepted. Improvements on Parcel 1 shall
be approved in writing by CITY prior to installation, which approval shall not be unreasonably
withheld. Improvements to Parcel 1 shall be subject to the approval and sole discretion of CITY
also as to timing and CITY must approve the timing of the installation of such improvements in
writing prior to their commencement.
3. Location of Emergency Walkway Easement Area. Upon request of any party
(and at the requesting party's expense, tmless such request is made by the City), a supplemental
amendment to this instrument describing the exact location of the Emergency Walkway
Easement Area shall be executed by the parties and recorded among the public records.
4. No Dedication. The grant of easement contained herein is not intended and shall
not be construed as a dedication of the paved portions of the Emergency Walkway Easement
Area or any portions thereof for public use and CITY may take whatever steps are necessary to
avoid dedication.
5. Covenants Running with Land. This Agreement shall mn with the lands
described herein, and shall be binding upon CITY and YEFET and shall inure to and be for the
benefit of CITY and YEFET and their respective successors and assigns, tenants, subtenants,
licensees, concessionaires and business invitees, including, without limitation, RESTAURANT
TENANT. The provisions of this instrument shall become effective upon their recordation in the
{M1928342;4}
Page 2 of 7
public records of Miami-Dade County, Florida, and subject to the provisions of Paragraph 6
shall continue in effect for a period of thirty (30) years after the date of such recordation, after
which time they shall be extended automatically for successive periods of ten (10) years each,
unless terminated in writing as provided for herein. Subsequent tenants of Parcel 2 prior to
occupancy shall execute a Joinder and Consent to this Agreement and submit it to the City Fire
Marshal and City Clerk; failure to do so shall not relieve such subsequent tenants from liability
hereunder.
6. Termination of Easement. If restaurant use is permanently discontinued on
Parcel 2 ("permanently discontinued" to be defined herein as the closure of the restaurant for a
continuous six (6) months period), then the City, at its sole option and discretion, may
terminate this Easement. Upon notice from the City of such termination, as provided herein,
the parties shall execute and deliver a termination of this easement in recordable form.
Present and subsequent owners of Parcel 1 may also give three months notice to the owner of
Parcel 2 and the Miami Beach Fire Marshal of the termination of this Easement for any reason in
its sole discretion, following which three month period YEFET and RESTAURANT TENANT
shall be responsible for providing alternative emergency fire egress from Parcel 2. If alternative
egress satisfactory to the Fire Marshal is not provided, this will acknowledge that the Fire
Marshal retains authority to modify the approved occupant load for Parcel 2.
7. Attorneys' Fees. In the event that any party to this Agreement brings an action to
enforce its rights hereunder, the prevailing party in such action shall be entitled to receive all
costs and reasonable attorneys' fees in addition to any damages to which it is due by reason of
such action.
8. Notices. Any demands or notice allowed or required hereunder shall be deemed
to have been properlY given or served when delivered personally or deposited in the United
States Mail, as registered or certified mail, postage prepaid and addressed as follows:
If to CITY:
City of Miami Beach
Fire Marshal
2300 Pinetree Drive
Miami Beach, FL 33140
and a copy to
City Attorney
1700 Convention Center Dr. - 4th floor
Miami Beach, FL 33139
If to YEFET:
c/o SHALOM YEFET
3002 North 35th Terrace
Hollywood, FL 33021
and a copy to
LEE H. SCHILLINGER
4601 Sheridan Street, Suite 202
Hollywood, FL 33021
{MI928342;4}
Page 3 of 7
If to RESTAURANT TENANT:
CHOWFUNA, LLC
D/b/a Talula Restaurant
210 23rd Street
Miami Beach, Florida 33139
and a copy to
AUGUSTO E. MAXWELL
AKERMAN, SENTERFITT
One SE Third Avenue
Miami, FL 33131
Any party may change his, her or its address for notice by giving the other parties hereto at
least fifteen (15) days prior written notice of any such change of address.
9. Indemnification. YEFET and RESTAURANT OWNER (during the term of
its lease of Parcel 2), and their respective successors and assigns, shall indemnify, defend and
hold harmless CITY and its directors, officers, employees and agents, and their respective heirs,
successors and assigns, from and against any and all liability to any person or entity for or on
account of any death or injury to persons or any damage to property, as well as any loss, damage,
lien, claim, injury or expense (including reasonable attorney fees and costs) which is or alleged
to be caused by, resulting from, arising out of or occurring in connection with its maintenance or
use of the Emergency Walkway Easement Area or any part thereof by its employees, agents,
tenants, occupants, licensees, invitees or contractors; provided, however, that nothing herein
shall require YEFET or RESTAURANT OWNER to indemnify or hold CITY harmless from or
against such liability if such death, injury or damage is caused by the gross negligence or willful
misconduct of the CITY or its employees, agents, tenants, occupants, licensees, invitees or
contractors.
10. Insurance. Throughout the term of this Easement, YEFET and RESTAURANT
TENANT (during its lease of Parcel 2) shall procure and maintain commercial public liability
insurance, with coverage limits of not less than $1,000,000.00 combined single limit (adjusted
from time to time as reasonably requested by any party hereto based on coverage limits generally
maintained by prudent owners of comparable properties in Miami-Dade County, Florida, but not
more frequently than once every three (3) years insuring against injury to persons or damage to
property arising out of or in connection with the use of the Emergency Walkway Easement Area
or any part thereof. Such insurance policy procured shall name CITY as an additional insured,
and shall provide that it shall not be canceled or terminated without thirty (30) days prior written
notice to CITY. A copy of such insurance policy required hereby, or a certificate evidencing
such policy, shall be submitted to CITY within ten (10) days following the date of this Easement,
and copies of renewal certificates shall be delivered to CITY thirty (30) days prior to the
scheduled expiration of such policy throughout the temx of this Easement. The company issuing
the insurance policy required hereby shall be reasonably satisfactory to CITY and licensed to do
business in the State of Florida. YEFET and RESTAURANT OWNER's failure to comply with
this Paragraph 10, shall be grounds for the City to terminate this Easement, upon thirty (30) days
written notice to YEFET and RESTAURANT OWNER.
{M1928342;4}
Page 4 of 7
11. Amendments. This Agreement may not be changed, modified or amended in
whole or in part except by a written and recorded agreement, executed by the then record fee
owners of the Parcels 1 and 2.
12. Severabilit¥. If any portion contained herein shall be held to be invalid or to be
unenforceable or not to mn with the land, such holding shall not affect the validity or
enforceability of the remainder of this Agreement.
IN WITNESS WHEREOF, CITY, YEFET AND RESTAURANT TENANT have
caused this Agreement to be executed and delivered as of the date and year first above written.
Signed, Sealed and Delivered
In the Presence of:
Attest:
Approved as to form and
language and for execution
I_~BEACH
a~i~ Dermer, Mayor
SHALON YEFET
Dated
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
) SSi
)
{M1928342;4}
Page 5 of 7
LTheforegoing instrument was acknowledged before me this /_'~____ day of
,2003, by~ov,~l ..~FMe. t"- , as /.~yOr'- of the CITY OF MIAMI
BEACH He/~l~e is personally known to me or has p' roduced W/~ (woe or
identification) as identification.
(Print, Type or Stamp CommissionedtName of Notary rublic)
STATE OF FLORIDA )
) SS:
COUNTY OF MIAiMI-DADE )
OFFICIAL NOTARY SEAL
LILLIAN $EAUCHAMP
NOTARY PUBLIC ~rATE OF FLORIDA
COMMISSION NO. DDI09289
MY COMMISSION EXP. APR. 29,2006
foregoing instrument was acknowledged before me this fl'/ day of ,
Nelly Yefet, his wife. They are p~sonally known or has
2003, by Shalon Yefet and
produced _ (7) as id_entification. -- --
,~T ffuRY P[JBLIC, STAi~ OF F':£(~RID A
nedName of Notary Public)
{M1928342;4}
Page 6 of 7
Joinder And Consent
Thc undersigned, as tenant and operator of the restaurant located on Parcel 2 hereby
joins in and consents to the foregoing Easement Agreement and Emergency Walkway
Easement Ama.
Signed, sealed and delivered in the
pr~ese~c,e of]L~ . ~
Signature _ .
at~et ~
P~nted N~e
CHOWFUNA,
By:
Name:
Title:
-k ,-'u 0
STATE OF FLORIDA
COUNTY OF
SS:
The fore oi instrument was acknowledged before me this 3 0 day of ~ ,
g -- ~ na
2003. by ~-~f110 ~ ~i) ~2 2 0 '~ ~ S,O{ tV 1~ of CHOWFUNA, LLC. He/she ~.s p~rsona~l~'
r has produced (ty~ of identification) as identification?----~
NO~I/AR~ pLIBLI~,, STATE OI~LORIDA
(Print, Type or Stamp Commissioned Name of Notary Public)
ra/grnh - 5/16/03
{MI928342;4}
·
Page 7 of 7
"Parcel 2"
Lot 3 in Block 2 of OCEAN FRONT PROPERTY, according to the Plat thereof, recorded in Plat
Book 5, at Pages 7 and 8, of the Public Records of Miami-Dade County, Florida.
Folio Number: 02-3226 001 0451
Exhibit B
{M1933755;1 }
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