2019-30765 Resolution RESOLUTION NO. 2019-30765
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
LICENSE AND USE AGREEMENT WITH THE GREATER MIAMI HEBREW
ACADEMY (HEBREW ACADEMY); SAID AGREEMENT AUTHORIZING THE
HEBREW ACADEMY TO USE APPROXIMATELY 10,500 SQUARE FEET OF
THE FUTURE MID-BEACH COMMUNITY PARK (F/K/A PAR 3) PROPERTY,
ALONG THE NORTHERLY BOUNDARY OF THE HEBREW ACADEMY'S
PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL AGREEMENT.
WHEREAS, the Mid-Beach Community Park (f/k/a Par 3) is being developed as a
passive community park, which includes a central lake; open meadows and informal open play
field areas, site grading, pavilion, six (6) tennis courts with restroom facilities, children's
playground, dog park, boardwalk and pathways, security lighting, vita course and fitness cluster,
butterfly garden, linear water feature and parking lot; and
WHEREAS, the project is approaching 90% design development with an anticipated
project construction commencement in early 2020; and
WHEREAS, the Greater Miami Hebrew Academy (Academy) is the property located at
2400 Pine Tree Drive and their northern property boundary abuts the Par 3 property; and
WHEREAS, the Academy is in the process of redevelopment and is ready to begin new
construction within their facility; and
WHEREAS, they are requesting to utilize a portion (approximately 10,500 square foot
area) of the Par 3 property for staging and storage area during their construction; and
WHEREAS, as a goodwill gesture, the City staff has engaged with the Academy to
assist with their request and developed a License and Use Agreement (the Agreement) for the
requested staging area; and
WHEREAS, the Agreement'shall expire by June 21, 2020 or 15 months from the
effective date, whichever is earliest; and
WHEREAS, the Agreement identifies that the Academy shall:
• indemnify and forever save and keep harmless the City, its officials,
employees, contractors, and agents from and against damage, penalty, fine,
judgment, expense or charge suffered, imposed, assessed or incurred for any
violation, or breach of any law, ordinance, rule, order or regulation occasioned
by any act, neglect or omission of Licensee, or any official, director, agent,
contractor, or servant relating to the use of the Staging Site;
• furnish to the City a payment and performance bond, in the sum of Fifty
Thousand ($50,000) Dollars;
• obtain all the necessary insurance policies prior to use of the staging area and
during the term of the Agreement;
• implement good housekeeping techniques to eliminate any site contamination;
• implement waste management, sediment and erosion control best management
practices; and
• maintain the site and return the site to the City in as good as or better than the
previously existing condition; and
WHEREAS, the use of the staging area by the Hebrew Academy does not interfere with
any City activities or uses; and
WHEREAS, the Administration is recommending that the Mayor and City Commission
approve, in substantial form, the proposed License and Use Agreement, attached as •
Attachment A to the City Commission Memorandum accompanying this Resolution.
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 approve, in substantial form, a License and Use Agreement with the Greater Miami
Hebrew Academy (Hebrew Academy); said agreement authorizing the Hebrew Academy to use
approximately 10,500 square feet of the future Mid-Beach Community Park (f/k/a Par 3)
property, along the northerly boundary of the Hebrew Academy's property; and further authorize
the City Manager to execute the final Agreement.
PASSED and ADOPTED this /0 day of goo/ , 2019.
Dan Gelber, Mayor
ATTEST:
/
y Ii
Rafael E. Granado, City Cl rk
-1* •INCORP••��
ORATED=
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APPROVED AS TO
FORM & LANGUAGE
& FOIR EXECUTION
4, 4- c°\
City Attorney Date
•
Resolutions-C7 C
IAMI BEH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 10, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
LICENSE AND USE AGREEMENT WITH THE GREATER MIAMI HEBREW
ACADEMY (HEBREW ACADEMY); SAID AGREEMENT AUTHORIZING THE
HEBREW ACADEMY TO USE APPROXIMATELY 10,500 SQUARE FEET OF
THE FUTURE MID-BEACH COMMUNITY PARK (F/K/A PAR 3) PROPERTY,
ALONG THE NORTHERLY BOUNDARY OF THE HEBREW ACADEMY'S
PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL AGREEMENT.
RECOMMENDATION
The Administration recommends approval of the resolution.
ANALYSIS
The Mid-Beach Community Park(f/k/a Par 3) is being developed as a passive community park.
The project scope includes a central lake; open meadows and informal open play field areas,
site grading, pavilion, six (6) tennis courts with restroom facilities, children's playground, dog
park, boardwalk and pathways, security lighting, vita course and fitness cluster, butterfly garden,
linear water feature and parking lot. The passive park will preserve landmark specimen trees and
pastoral spaces. The project is approaching 90% design development with an- anticipated
project construction commencement in early 2020.
The Greater Miami Hebrew Academy (Academy) is the property located at 2400 Pine Tree
Drive and their northern property boundary abuts the Par 3 property. The Academy is in the
process of redevelopment and is ready to begin new construction within their facility. They are
requesting to utilize a portion (approximately 10,500 square foot area) of the Par 3 property for
staging and storage area during their construction.
As a goodwill gesture, the City staff has engaged with the Academy to assist with their request
and developed a License and Use Agreement (Attachment A) for the requested staging area.
The agreement shall expire by June 21, 2020 or 15 months from the effective date, whichever
is earliest. The agreement identifies that the Academy shall:
• Indemnify and forever save and keep harmless the City, its officials, employees, contractors,
Page 410 of 1262
and agents relating to the use of the Staging Site
• Furnish to the City a payment and performance bond, in the sum of Fifty Thousand ($50,000)
Dollars, to guarantee the terms and conditions of this Agreement
• Obtain all the necessary insurance policies prior to use of the staging area and during the term
of the Agreement
• Implement good housekeeping techniques to eliminate any site contamination
• Implement waste management, sediment and erosion control best management practices
• Maintain the site and return the site to the City in as good as or better than the previously
existing condition
The use of this area by the Hebrew Academy does not interfere with any City activities or uses.
CONCLUSION
The Administration recommends approval of the resolution.
Legislative Tracking
Capital Improvement Projects
ATTACHMENTS:
Description
o Attachment A-Agreement
o Resolution
Page 411 of 1262
LICENSE AND USE AGREEMENT
THIS LICENSE AND USE AGREEMENT ("Agreement"), made the day of
, 2019 (the Effective Date), by and between the CITY OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation ("City" or "Licensor"), and the GREATER MIAMI
HEBREW ACADEMY, a Florida not for profit corporation ("Licensee"). Licensor and Licensee
may also sometimes be referred to, individually, as a "Party" or collectively, as the "Parties".
NOW, THEREFORE, and in consideration of the mutual promises, covenants, agreements, terms
and conditions, herein contained, and other good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged,the Parties hereto do agree as follows:
1. City Manager's Designee. For purposes of administering this Agreement on behalf of the
City, David Martinez, P. E., Director, Office of Capital Improvement Projects.
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2. Permitted Uses. Licensor hereby grants to Licensee a license to occupy and use, subject
to all of the terms and conditions hereof, a portion_ of``the City's,property, having a physical
address of 2300 Pine Tree Drive, Miami Beach, Florida 33140 (Folio No. 02-3227-000-0100)
("City's Property), as more particularly described in the'sketch and legal description attached as
Exhibit "A" hereto, ("Staging Site").
Licensee may occupy and use the Staging Site solely for,the purpose of staging equipment and
storage of materials in connection with those certain ,private improvements and repairs being
undertaken by the Licensee at Licensee's,property, having a physical address of 2400 Pine Tree
Drive Miami Beach, Florida 33140 ffolio.,No 02-3227-000-0092) ("Licensee's Property"), in
connection with the work which is the'<`subject".of City of Miami Beach permit number BCO616-
0530 (hereinafter referred to as "the Project"). As`acondition precedent to using the Staging Site,
Licensee shall be required to,install a --fence_ around the'Staging Site. Licensee shall be
responsible for securing the required governmental approvals/permits from the City's Building
Department in connection with the installation`of the fence'%and the approved uses.
3. No Irriproper'�Use Licensee will not;use,nor suffer or permit any person to use, in any
manner Whatsoever, theStaging;Site for any illegal, improper, immoral or offensive purpose, or
for any other, purpose in violation of any Federal, State, County, or municipal ordinance, rule,
order or regulation, or of any%governmental rule or regulation now in effect or hereafter enacted
or adopted. Licensee will protect, indemnify, and forever save and keep harmless the City, its
officials, employees,:contractors;,and agents from and against damage, penalty, fine, judgment,
expense or charge suffered, imposed, assessed or incurred for any violation, or breach of any
law, ordinance, rule, order.or.-regulation occasioned by any act, neglect or omission of Licensee,
or any official, director, agent/Contractor, or servant relating to the use of the Staging Site. In
the event of any violation'by Licensee, or if the City or its authorized representative shall
deem any conduct on the part of Licensee to be objectionable or improper, the City shall
have the right to suspend the use of the Staging Site should Licensee fail to correct any such
violation, conduct; or practice to the satisfaction of the City Manager or its authorized
representative within twenty-four (24) hours following written notice of the nature and extent
of such violation, conduct, or practice. Such suspension shall continue until the violation is
cured to the satisfaction from the City Mana9er or its authorized representative.
1
Page 412 of 1262
4. Term/Termination.
A. Term. The term of this Agreement shall commence upon execution of the Agreement by
both Parties, which shall be referenced as the "Effective Date" on page 1 (above) of this
Agreement, and shall expire by June 21, 2020 or 15 months from the Effective Date,
whichever is the earliest date, unless terminated earlier pursuant to the terms of this
Agreement.
B. Termination For Cause.
If Licensee shall fail to fulfill in a timely manner,or otherwise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify Licensee of its violationjof the particular term(s) of this
Agreement, and shall grant Licensee thirty (30) days to curesuch`default, except with respect to
any defaults pursuant to Section 3 herein (Improper .Use), which requires a shortened cure
Period. In the event that a default (except with respect,.to a default pursuant to Section 3) is not
reasonably susceptible to being cured within the'thirty`,(30) days, the Licensee shall not be
considered in default if it shall, within such period, comtnence with due diligence and dispatch to
cure such default and thereafter completes with/dispatch and due diligence the curing of such
default, but in no event shall such extended'cute period exceed ninety (90) days from the date of
written notice thereof. In the event Licensee-cures any default pursuant to this subsection, it shall
promptly provide the City Manager's designee with'vwritten notice of same. If such default remains
uncured at the end of the cure period, the City may terminate this Agreement without further
notice to Licensee. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue.of, this Agreement.
Notwithstanding the above, Licensee shall not be;relieved of liability to the City for damages
sustained by the City byany breach of the Agreement by Licensee. The City, at its sole option
and discretion, shall be entitled to bring anyand all legal/equitable actions that it deems to be in
, its best interest in order to enforce the City's,rights and%remedies against Licensee. The City
shall be entitled to recover all costs of such actions, including reasonable attorneys'fees.
5. Use:Fee/Performance Bond or Alternate:Security. Licensee will not be required to pay
rent in ,connection with\the Permitted Uses.'/Prior to commencing using the Staging Site,
Licensee shall furnish to the City Manager or City Manager's designee a payment and
performance bond, in the penal;sum of Fifty Thousand and 00/100 ($50,000.00) Dollars, for which
Licensee shall bind itself for the faithful performance of the terms and conditions of this
Agreement. A cash,deposit, irrevocable letter of credit, or certificate of deposit may also suffice,
as determined by the City Manager or City Manager's designee, in his/her sole and reasonable
discretion. The form of the Performance Bond or alternate security shall be approved by the City's
Chief Financial Officer. In the event that a certificate of deposit is approved, it shall be a Fifty
Thousand and 00/100 ($50,000.00) Dollar one-year certificate of deposit in favor of the City,
which shall be automatically renewed, the original of which shall be held by the City's Chief
Financial Officer. Licensee shall be so required to maintain said performance bond or alternate
security in full force and effect throughout the term of this Agreement. Licensee shall have an
affirmative duty to notify the City Manager or City Manager's designee, in writing, in the event
said performance bond or alternate security lapses or otherwise expires. All interest that accrues
in connection with any financial instrument or sum of money referenced above shall be the
property of Licensee, except in an event of default, in which case the City shall be entitled to all
interest that accrues after the date of default.
2
Page 413 of 1262
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, Licensee,shall 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 inequity), claims, liabilities, losses, and expenses, including, but not
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 Licensee, its officers, director,
members, employees, agents, contractors, subcontractors, or any other person or entity acting
under Licensee's control or supervision; (2) Licensee's breach of the terms of this Agreement or
its representations and warranties herein; or(3)the use or occupancy of the Staging Site. To that
extent, Licensee shall pay all such claims or losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and
attorneys'fees expended by the City in the defense of such claims and losses, including appeals.
This Section 6 shall survive the termination or expiration of,this Agreement.
7. Insurance. Licensee shall not commence;.use Of Abe Staging Site under this Agreement
until all insurance required under this section has'been obtained and suchyinsurance has been
approved by the City's Risk Manager Licensee shall carry and maintain the following insurance
coverages during the term of this'Agreement:
A. Worker's Compensation Insurance as required by Florida,'ywith Statutory limits and
' Employer's Liability-Insurance limit of no""less than $1,000,000 per accident for
bodily injury or disease
B. Commercial-General Liability Insurance`�on an occuroccurrence basis, including products
and completed operations, contractual liability, property damage, bodily injury and
personal&'advertising injury for`vehicles while in the Licensee's care, custody and
control with limitsno less than $1,000,00.0`"per occurrence, and $2,000,000 general
aggregate. City of Miami Beach must be shown as an additional insured with
respect to this coverage.
C. Automobile, Liability Insurance covering all owned, non-owned and hired
vehicles used;in connection with the work, in an amount not less than $1,000,000
combined single limit perr'occurrence for bodily injury and property damage.
Additional Insured Status
The City of Miami Beach must be covered as an additional insured with respect to liability arising
out of work or operations performed by or on behalf of the Licensee.
Waiver of Subrogation
Licensee hereby grants to City of Miami Beach a waiver of any right to subrogation which any
insurer of the Licensee may acquire against.the City of Miami Beach by virtue of the payment of
any loss under such insurance. Licensee agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation, but this provision-applies regardless of whether or
not the City of Miami Beach has received a waiver of subrogation endorsement from the insurer.
3
Page 414 of 1262
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII,
unless otherwise acceptable to the City of Miami Beach Risk Management Office.
Verification of Coverage
Licensee shall provide the required insurance certificates, endorsements or applicable policy
language effecting coverage required by this Section. All certificates of insurance and
endorsements are to be received prior to any work commencing. However, failure to obtain the
required coverage prior to the work beginning shall not waive the Licensee's obligation to provide
them. The City of Miami Beach reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances y ,..
The City of Miami Beach reserves the right to modify these:requirements, including limits, based
on the nature of the risk, prior experience, insurer, coverage, or.other`special circumstances.
Certificate Holder
CITY OF MIAMI BEACH
c/o INSURANCE TRACKING SERVICES \`
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall F not relieve Licensee 'of his liability and
obligation under this section or under:;any other section of this Agreement.
s, 1
8. Inspection. The City shall have the', right to inspect the Staging Site (including,
without limitation, Licensee's Property`Ahereon) et,any time, by the City Manager's designee
or by any other municipal, County, State, officer, or officers of any other agency(ies) having
responsibility and/or jurisdiction for inspections of such operations. Licensee hereby waives
all claims against'the.City for compensation`<for loss or: damage sustained by reason of any
interference with Licensee's operations as a <result of inspection by any public agency(ies)
or officials,r(i(icluding, without limitetign, by reason of any such public agency or official in
enforcing any laws,"ordinances,'or regulations,as''a result thereof). Any such interference shall
not relieve Licensee from any obligation hereunder.
9. Safety and Workmanship. Licensee shall coordinate all work with the City Manager's
designee in order,to minimize impact,`or the City's operations. Licensee shall take allnecessary
safety precautions, secure the Staging Site by appropriate construction fencing with a dust
curtain, and coordinate with the City Manager's designee to assure the safety of City employees,
contractors, residents, guests ;invitees, visitors, and the general public at all times during the
Term.
Licensee shall resolve any safety or workmanship issues to the conditions mandated by the City.
10. No Dangerous Materials.
A. Licensee agrees not to use or permit the storage and/or use of gasoline, fuel oils,
diesel, illuminating oils, oil lamps, combustible powered electricity producing
generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida, on
or within the Staging Site, or on any City property and/or right of way.
4
Page 415 of 1262
B. Licensee shall indemnify and hold the City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees, incurred as
a result of, arising from, or connected with the placement by Licensee of any
"hazardous substance" or "petroleum products" on, under, in or upon the Staging
Site as those terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder; provided,
however, Licensee shall have no liability in the event of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Section 10 shall survive the termination or earlier expiration of this Agreement.
11. Storm Water Pollution Prevention Plan. Licensee shall submit a Storm-water Pollution
Prevention Plan for the Staging Site within sixty (60) days of th'e Effective Date. The purpose of
this Plan is to reduce the potential of sediments and construction debris from entering the City's
storm water system from the Licensee's construction staging activities:;
A. The Licensee should describe and provide indication on a site map of all erosion and
sediment controls and storm water best,'management practices to reduce erosion,
sedimentation, and storm water pollution. These -controls may include silt fences,
entrance/exit controls, storm drain inlet protection, and reinforced soil retaining systems.
The Licensee should establish a maintenance plan for all structuraland non-structural
controls to assure that they remain in good and effective operating condition.
B. The Licensee should implement,good housekeeping techniques to reduce contamination
of storm water runoff. The Licensee should describe in detail controls for the following
potential pollutants:
(i) Waste disposal, this may include construction debris, chemicals, litter, and
sanitary waste.
(ii) Offsite vehicle tracking from construction entrances/exits.
(iii) The storage, application, generation and migration of all toxic substances.
12. The Licensee should. implement good housekeeping techniques to eliminate
contamination of-site from machinery oil;andfluid, temporary construction bathroom facility,
contaminated soil or anyother contaminated material.
13. Surrender of Staging Area/Licensee's Obligation for Restoration. Upon expiration, or
earlier termination of this Agreement,';Licensee shall immediately surrender the Staging Site,
remove Licensee's Property from the Staging Site, and restore the Staging Site and any other
adjacent City property affected,;by the Licensee's activities, to a condition that is not only safe
and usable, but that is as good as, or better, than previously existed prior to the Effective Date of
this Agreement. If the City,''inits sole discretion, determines that the condition of the Staging Site
requires additional restoration /remediation, as a result of the Licensee's use, Licensee will
perform such additional restoration work within ten (10) days from the date requested by the City.
Licensee shall perform the restoration process in such a way as to minimize interference with
the operation of the City's Property. If upon inspection by the City, the City in its sole
discretion determines that
Licensee's obligation to observe or perform this covenant shall survive the expiration or other
termination of this Agreement. Continued occupancy of the Staging Site after expiration, or
early termination, of the Agreement shall constitute trespass by the Licensee, and may be
prosecuted as such. In addition, Licensee shall pay to the City One Thousand ($1,000.00)
Dollars per day as liquidated damages for such trespass and holding over.
5
Page 416 of 1262
14. Construction of Agreement. The Parties to this Agreement have substantially contributed to
the drafting and negotiation of this Agreement, and this Agreement shall not, solely as a matter of
judicial construction, be construed more severely against one of the Parties than any other. The
Parties acknowledge that they have thoroughly read this Agreement, including all exhibits and
attachments hereto, and have sought and received whatever competent legal advice and counsel
was necessary for them to form a full and complete understanding of all rights and obligations
herein. -
15. Notices. All notices and communications in writing required or permitted hereunder may
be delivered personally to the representatives of Licensor and Licensee 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:
TO LICENSEE: "�_
Title:
(305)
Attn:
TO LICENSOR: City of Miami,Beach
City;Manager
1700'Convention;Center Drive
Miami Beach, Florida 33139
(305)673-7000, Ext 6399
Attn: Jimmy L Morales
16. Entire Agreement The making, execution and delivery of this Agreement by Licensor has
been induced by no representations, statements, warranties, or agreements other than those
contained herein This Agreement embodies the entire understanding of the Parties and there are
no further or other agreements or understandings, written or oral, in effect between the Parties
relating to the subject matter hereof.
.2 :
y,
6
Page 417 of 1262
EXECUTED as of the day and yearfrtS above written.
LICENSOR:
Attest: CITY OF MEACH
aRordaM|AMuNdI pBlCorpom[o� n
. . _ By:
City Clerk
Name:
Title:
Date
LICENSEE:,
:
Attest: 1s . :a Florida
corporation
- - - ' By«. .
Secretary
z. s
<s \ » Name:
-- ��
Mm Name Title:
Date y
'
«w �
7
page 418 G 1262
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F:1$A111Atto/agreements/forms/Use Agreements and Staging/Hebrew Academy
9
Page 420 of 1262
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, A
LICENSE AND USE AGREEMENT WITH THE GREATER MIAMI HEBREW
ACADEMY (HEBREW ACADEMY); SAID AGREEMENT AUTHORIZING THE
HEBREW ACADEMY TO USE APPROXIMATELY 10,500 SQUARE FEET OF
THE FUTURE MID-BEACH COMMUNITY PARK (F/K/A PAR 3) PROPERTY,
ALONG THE NORTHERLY BOUNDARY OF THE HEBREW ACADEMY'S
PROPERTY; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FINAL AGREEMENT.
WHEREAS, the Mid-Beach Community Park (f/k/a Par 3) is being developed as a
passive community park, which includes a central lake; open meadows and informal open play
field areas, site grading, pavilion, six (6) tennis courts with restroom facilities, children's •
playground, dog park, boardwalk and pathways, security lighting, vita course and fitness cluster,
butterfly garden, linear water feature and parking lot; and
WHEREAS, the project is approaching 90% design development with an anticipated
project construction commencement in early 2020; and
•
WHEREAS, the Greater Miami Hebrew Academy (Academy) is the property located at
• 2400 Pine Tree Drive and their northern property boundary abuts the Par 3 property; and
WHEREAS, the Academy is in the process of redevelopment and is ready to begin new
construction within their facility; and
WHEREAS, they are requesting to utilize a portion (approximately 1.0,500 square foot
area) of the Par 3 property for staging and storage area during their construction; and
WHEREAS, as a goodwill gesture, the City staff has engaged with the Academy to •
assist with their request and developed a License and Use Agreement (the Agreement) for the
requested staging area; and
WHEREAS, the Agreement shall expire by June 21, 2020 or 15 months from the
effective date, whichever is earliest; and
•
WHEREAS, the Agreement identifies that the Academy shall:
• indemnify and forever save and keep harmless the City, its officials,
employees, contractors, and agents from and against damage, penalty, fine,
judgment, expense or charge suffered, imposed, assessed or incurred for any
violation, or breach of any law, ordinance, rule, order or regulation occasioned
by any act, neglect or omission of Licensee, or any official, director, agent,
contractor, or servant relating to the use of the Staging Site;
• furnish to the City a payment and performance bond, in the sum of Fifty
Thousand ($50,000) Dollars;
• obtain all the necessary insurance policies prior to use of the staging area and
during the term of the Agreement;
Page 421 of 1262
• implement good housekeeping techniques to eliminate any site contamination;
• implement waste management, sediment and erosion control best management
practices; and
• maintain the site and return the site to the City in as good as or better than the
previously existing condition; and
WHEREAS, the use of the staging area by the Hebrew Academy does not interfere with
any City activities or uses; and
WHEREAS, the Administration is recommending that the Mayor and City Commission
approve, in substantial form, the proposed License and Use Agreement, attached as •
Attachment A to the City Commission Memorandum•accompanying this Resolution.
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 approve, in substantial form, a License and Use Agreement with the Greater Miami
Hebrew Academy (Hebrew Academy); said agreement authorizing the Hebrew Academy to use
approximately 10,500 square feet of the future Mid-Beach Community Park (f/k/a Par 3)
property, along the northerly boundary of the Hebrew Academy's property; and further authorize
the City Manager to execute the final Agreement.
PASSED and ADOPTED this day of , 2019.
Dan Gelber, Mayor •
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FO EXECUTION
Page 422 of 1262 aty Attorney lib Date
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