Resolution 2022-32288 RESOLUTION NO.; 2022-32288
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,APPROVING AMENDMENT NO. 1 TO THE LICENSE
AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI HEBREW
ACADEMY FOR USE OF SIX (6) ON-STREET PARKING SPACES, LOCATED
ON THE WEST SIDE OF THE 2400 BLOCK OF PINE TREE DRIVE, TO
PROVIDE PARKING SPACES FOR THE ACADEMY'S STUDENTS DURING
CONSTRUCTION AT THE ACADEMY; SAID AMENDMENT EXTENDING THE
CURRENT TERM OF THE AGREEMENT, WHICH IS SET TO EXPIRE ON
AUGUST 28, 2022, FOR AN ADDITIONAL PERIOD, COMMENCING AUGUST
29, 2022 AND EXPIRING ON MAY 31, 2023, TO COVER THE 2022-2023
SCHOOL YEAR, AS CONSTRUCTION IS STILL ONGOING.
WHEREAS,the Greater Miami Hebrew Academy(the"Academy"), a Florida non-for-profit
organization (501C3), has undertaken a significant construction project that is scheduled to last ,
18 months and will eliminate parking at their middle school (west side of Pine Tree Drive); and
WHEREAS,the Academy reached out to the City's Parking Department to procure parking
during the construction period to accommodate their students; and
WHEREAS, the City's Parking Department has a space rental program for the use of on-
street spaces, but the rental is limited to specific uses that do not include parking of personal
vehicles; and
WHEREAS, on March 17, 2021, the Mayor and City Commission adopted Resolution No.
2021-31626, approving a License Agreement with the Academy in order to accommodate this
temporary use of the on-street spaces; and
WHEREAS,on March 22, 2021,the City and the Academy executed a License Agreement
(the "Agreement")for the rental of six(6)on-street parking spaces located on the west side of the
2400 block of Pine Tree Drive, adjacent to the Academy's property, at the rate of$200 per space
for every four(4)week period; and
WHEREAS, the rate represents the cost of 10 hours a day, 5 days a week at the $1/hour
resident rate; and
WHEREAS, these parking spaces will be solely used for self-parking and will be made
available to Academy students from 7:00 A.M to 5:00 P.M., five days a week, Monday- Friday,
during the Academy's hours of Operation; and
WHEREAS, the Administration recommends approving Amendment No.1 to the License
Agreement, incorporated herein by reference and attached to the City Commission Memorandum
accompanying this Resolution as Exhibit "1", extending the term of the Agreement through May
31, 2023 based upon its current terms.
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 City Manager to execute Amendment No. 1 to the
License Agreement between the City and the Greater Miami Hebrew Academy for use of six (6)
on-street parking spaces located on the west side of the 2400 block of Pine Tree Drive,,to provide
parking spaces for the Academy's students during construction at the Academy; said Amendment
extending the current term of the Agreement, which is set to expire on August 28, 2022, for an
additional period, commencing on August 29, 2022 and expiring on May 31, 2023, to cover the
2022-2023 school year, as construction is still ongoing.
PASSED and ADOPTED this icf day of September, 2022.
ATTEST:
s ' .,;onc,y Dan Gelber, Mayor
`:II1CORI' ORATED•`
R el E. Granado, City Clerk " c H 2b' �~=
SEP 2 1 2022
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
City Attorney
Resolutions-C7 S
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO THE
LICENSE AGREEMENT BETWEEN THE CITY AND THE GREATER MIAMI
HEBREW ACADEMY FOR USE OF SIX (6) ON-STREET PARKING
SPACES, LOCATED ON THE WEST SIDE OF THE 2400 BLOCK OF PINE
TREE DRIVE, TO PROVIDE PARKING SPACES FOR THE ACADEMY'S
STUDENTS DURING CONSTRUCTION AT THE ACADEMY; SAID
AMENDMENT EXTENDING THE CURRENT TERM OF THE AGREEMENT,
WHICH IS SET TO EXPIRE ON AUGUST 28, 2022, FOR AN ADDITIONAL
PERIOD, COMMENCING AUGUST 29, 2022 AND EXPIRING ON MAY 31,
2023, TO COVER THE 2022-2023 SCHOOL YEAR, AS CONSTRUCTION IS
STILL ONGOING.
RECOMMENDATION
Adopt the Resolution
BACKGROUND/HISTORY
The Greater Miami Hebrew Academy, a Florida non-for-profit organization (501C3), has
undertaken a significant construction project that was scheduled to last 18 months and will
eliminate parking at their middle school (west side of Pine tree Drive). The Academy reached
out to the Parking Department to procure parking during the construction period to
accommodate their students,faculty,and staff.
During the construction period, the Academy requested the temporary use of 60 spaces in the
new Collins Park Garage, in addition to six(6)on-street spaces in front of the school.
They will be paying the current monthly parking rate at the garage for the 60 spaces which we
can accommodate on a temporary basis since we are holding these spaces for the future use of
residents of the workforce housing project that is scheduled for construction in the lot next to the
garage.
The Parking Department has a space rental program for the use of on-street spaces, but the
rental is limited to specific uses that do not include parking of personal vehicles.
Page 450 of 1700
On March 17, 2021, the Mayor and City Commission adopted Resolution No. 2021-31626,
approving a License Agreement with the Academy in order to accommodate the temporary
request for the use of the on-street spaces. On March 22, 2021, the City and Academy
executed a License Agreement ("Agreement')for the rental of six (6) on-street parking spaces
located on the west side of the 2400 block of Pine Tree Drive, adjacent to their property, at the
monthly rate of$200 per space. The monthly rate represents the cost of 10 hours a day, 5 days
a week at the $1/hour resident rate. The monthly amount was prorated according to the
commencement date of the agreement(March 22, 2022).
These parking spaces will be solely used for self-parking and will be made available to
Academy students from 7:00 A.M to 5:00 P.M., five days a week (Monday- Friday; hours of
Operation).
The Administration is seeking approval of Amendment No.1 between the City and the Academy
for the rental of the six (6) on-street spaces on the west side of the 2400 block of Pine tree
Drive.
ANALYSIS
Due to the ongoing construction, the. Academy has requested to extend the use of parking
spaces through May 31,2023.
SUPPORTING SURVEY DATA
n/a
FINANCIAL INFORMATION
n/a
Amount(s)/Account(s):
n/a
CONCLUSION
The Administration recommends that the Mayor and City Commission approve Amendment
No.1, a copy of which is attached hereto as Amendment No.1, extending the License
Agreement through May 31, 2023, with the Greater Miami Hebrew Academy to provide parking
for their students.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item,pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Page 451 of 1700
Parking
Sponsor
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
o Exhibit"1"-Amendment No. 1
o Resolution
Page 452 of 1700
AMENDMENT NO. 1
TO
LICENSE AGREEMENT FOR USE OF PARKING SPACES
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
THE GREATER MIAMI HEBREW ACADEMY
This Amendment No. 1 (Amendment) to the License Agreement dated March 22, 2021
("Agreement")for use of parking spaces by and between the City of Miami Beach, Florida,
a municipal corporation organized and existing under the laws of the State of Florida,
having its principal place of business at 1700 Convention Center Drive, Miami Beach,
Florida 33139 (the "City"), and the Greater Miami Hebrew Academy, a Florida non-for-
profit organization (501C3) (herein referred to as the "Academy") having its principal
offices at 2400 Pine Tree Drive, Miami Beach, Florida 33140, is entered into this day
of , 2022.
RECITALS
WHEREAS, on March 17, 2022, the Mayor and City Commission adopted
Resolution No. 2021-31626, approving and authorizing the City Manager to execute a
License Agreement between the City and the Academy for the use, by the Academy's
students during the Academy's hours of operation, of six (6) on-street parking spaces
located on the west side of the 2400 block of Pine Tree Drive, while the Academy
underwent renovations; said agreement commenced upon execution by all parties and
expired on February 28, 2022, and was subject to extension, at the City's option, for an
additional period of up to six(6) months; and
WHEREAS, on March 22, 2021, the City and the Academy executed a License
Agreement for use of parking spaces (the "Agreement"), which is set to expire on August
28, 2022; and
WHEREAS, construction is still ongoing and the Academy wishes to continue to
reserve six (6) on-street parking spaces, located on the west side of the 2400 block of
Pine Tree Drive, adjacent to the Academy property (collectively, the "Licensed Parking
Spaces"); and
WHEREAS,the Academy has requested an extension of the term of the Agreement
through the end of the new school year, expiring on May 31, 2023, under the same terms
and conditions; and
WHEREAS, on September 14, 2022, the Mayor and City Commission adopted
Resolution No. , approving Amendment No. 1 to the Agreement, approving
the extension of the term, as more particularly set forth herein.
NOW THEREFORE, in consideration of the mutual promises, and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and the Academy hereby agree as follows:
EXHIBIT"1"
1
Page 453 of 1700
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Agreement is hereby amended (deleted items struck-through and inserted
items underlined) as follows:
Section 1. of the Agreement is hereby deleted in its entirety and replaced with the
followings:
The City hereby agrees to make available, for use by the Academy, the Licensed
Parking Spaces, for a term, commencing on the date the parties execute the
Agreement and expiring on May 31,2023, unless terminated earlier, in accordance
with paragraph 2, (the"Term".)
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Agreement shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Agreement, the provisions of
this Amendment shall govern.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
2
Page 454 of 1700
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
City of Miami Beach, Florida,
Attest: a Florida municipal corporation
By:
Rafael E. Granado, City Clerk Alina T. Hudak, City Manager
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of—physical
presence or_online notarization, this day of , 2022, by Alina
T. Hudak, as City Manager, of the City of Miami Beach, Florida, on behalf of the
corporation, who is personally known to me or has produced
, as identification.
Witness my signature and official seal this day of , 2022.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
3
Page 455 of 1700
Witnesses: Greater Miami Hebrew Academy,
a Florida non-for-profit company
Signature
Print Name
Print Name/Title
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me by means of _ physical
presence or online notarization, this day of , 2022, by
, as of the Greater Miami
Hebrew Academy, a Florida not-for-profit company, on behalf of the corporation, who
is personally known to me or has produced
, as identification.
Witness my signature and official seal this—day of _ , 2022.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
4
Page 456 of 1700