Emergency Access Easement Agreement 5OY [�
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 more 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
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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 3 of 4
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, attorney's
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
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Grantee:
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
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City Clerk Mayor
1700 Convention Center Drive
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