98-22882 RESO
RESOLUTION NO. 98-22882
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 A LEASE AGREEMENT WITH SPRINT
SPECTRUM L.P., PURSUANT TO INVITATION TO BID NO. 75-97/98, TO LEASE
SPACE AT FIRE STATION 2, FOR MOUNTING ANTENNAE AND FOR THE
PLACEMENT OF TELECOMMUNICATIONS EQUIPMENT, IN THE AMOUNT
OF $18,000 PER YEAR, TO BE PAID TO THE CITY; AND REJECTING THE BID
SUBMITTED BY BELL SOUTH MOBILITY FOR THE HISTORIC CITY HALL
SITE; FURTHER WAIVING, BY 517THS VOTE, THE APPRAISAL
REQUIREMENT PURSUANT TO ORDINANCE NO 92-2783, FINDING SUCH
WAIVER TO BE IN THE BEST INTEREST OF THE CITY
WHEREAS, Sprint Spectrum L.P. expressed interest in leasing an area on the roof and radio
tower of Fire Station 2, located at 2300 Pine Tree Drive, for the placement of antennae and
telecommunications equipment via a non-exclusive Lease Agreement with the City; and
WHEREAS, concurrently, the Administration considered that it may be in the City's best
interest to seek competitive bids for the lease of several City-owned properties for the placement
of antennae and telecommunications equipment; and
WHEREAS, on June 12, 1998, the City issued Invitation to Bid No. 75-97/98 (Bid), to
solicit bids for long-term leases at City-owned properties located at 2300 Pinetree Drive (Fire
Station 2); 1130 Washington Avenue (Historic City Hall); and 1700 Convention Center Drive (City
Hall), respectively, for the purpose of installing telecommunications equipment and antennae; and
WHEREAS, there were only two bids submitted which were responsive to the Bid; Bell
South Mobility at Historic City Hall and Sprint Spectrum L.P. at Fire Station 2; and
WHEREAS, Bell South Mobility proposed to pay $4,000 per year for the use ofthe Historic
City Hall site, and Sprint Spectrum L.P. proposed to pay $18,000 per year for the use of the site at
Fire Station 2; and
WHEREAS, the Administration has determined that it would not be in the City's best
interest to accept the proposal submitted by Bell South Mobility for the Historic City Hall site; and
WHEREAS, the Administration has determined that it would be in the City's best interest
to consider the proposal submitted by Sprint Spectrum L.P. for the Fire Station 2 site; and
WHEREAS, Sprint Spectrum L.P. has proposed an initial fi\-e year term, with four
renewable terms of five years each, at the City's discretion; $18,000 annually to be paid to the City
of Miami Beach; a fifteen percent (15%) increase per term; the leased area to be approximately four
feet by seven feet located on the roof of Fire Station 2, at 2300 Pine Tree Drive, and the antennae
to be located at approximately seventy (70) feet on the existing tower; and
WHEREAS, executing the attached Lease Agreement between Sprint Spectrum L.P. and the
City would not preclude making similar lease agreements with other interested parties because it
would be feasible to have multiple telecommunications installations of this type at the same site; and
WHEREAS, the Administration recommends that the requirement of appraisals in
connection with the approval of said Lease Agreement be waived, by 517ths vote, as required
pursuant to Ordinance No. 92-2783, governing the sale and/or lease of City -owned property,
because given the unique nature of the real estate being offered for lease and the fact that its value
can only be determined by the specific value placed on it by wireless or cellular companies seeking
that exact location, avoiding the cost of performing appraisals of the site would be in the best public
interest; and
WHEREAS, pursuant to the requirements of Ordinance No. 92-2783, a public hearing was
scheduled for July 15, 1998, to obtain citizen input as to the attached Lease Agreement.
WHEREAS, said public hearing was opened and continued to September 9, 1998, and
citizen input was sought.
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 award the bid and execute
the attached Lease Agreement with Sprint Spectrum L.P. to lease space at Fire Station 2, for
mounting antennae and for the placement of telecommunications equipment, in the amount of
$18,000 per year to be paid to the City pursuant to Invitation to Bid No. 75-97/98; that the bid
submitted by Bell South Mobility for the Historic City Hall site be rejected, and that the appraisal
required by Ordinance No. 92-2783 be waived, finding such waiver to be in the City's best interest.
PASSED and ADOPTED this 9th day of September, 1998.
~~
MA YOR
ATTEST: 0
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SR:HM:JD:PJK:JBG
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA \SEP0998\REGULAR\SPRINT _ R.HSM 8/27/98
~~
j Attorney
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OWNER
ORIGINAL
To Be Executed As Indicated
and Returned To Owner
MASTRIANA & CHRISTIANSEN, PA
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Site Name:
Site Address:
pes SITE AGREEMENT
City of Miami Beach Fire Department Site L D.CAP 31DOIIMT03XCI87/CAP31
2300 Pine Tree Drive. Miami Beach. FL 33139 Cascade# MI03XC187
.'
1.
Premises 8Dd Use. Owner leases to Sprint Spectrum L.P., a Delaware limited partnership ("SSLP"), t~fI~\te described below:
(Check appropriate b~(e$)1 ~l
Real property consisting of approximately square feet of land;
Building interior space consisting of approximately square feet;
Building exterior space for lIItachment of antennas;
Building exterior space for placement of base station equipment;
Tower antenna space;
Space required for cable runs to connect PCS equipment and antennas,
in the location(s) ("Site") shown on Exhibit A, together with a nOlMlxclusive easement for reasonable access thereto and to the
appropriate, in the discretion of SSLP, source of electric and telephone facilities. The Site will be used by SSLP for the purpose
ofinstalling, removing, replacing, maintaining and operating, at its expense, a penonal communications service system facility
("PCS"), including, without limitation, related antenna equipment and fixtures. SSLP will use the Site in a manner which will
not unreasonably disturb the occupancy of Owner's other tenants.
~
2. Tenn. The term of this Agreement (the "Initial Term") shall commence on the date SSLP signs this Agreement, or if SSLP
signs first, the date Owner signs this Agreement subject to approval of same by the Mayor and City CommillSion of the City of
Miami Beach, Florida. The Initial Term shall be the period oftime from that date to the Sth anniver.wy ofthc Rent Start Date.
This Agreement will be automatically renewed for four additional terms (each a "Renewal Term") of five years each
commencing on each five year anniver.wy of the Rent Start Date, unless either party provides its notice of intent not to renew
at least one year prior to the expiration of the Initial Term or any Renewal Tenn.
3. Rent. Rent will commence on the Rent Start Date. Rent will be paid annually in advance beginning on the Rent Start Date and
on each anniver.wy of it. The Rent Start Date shall be the earlier of (a) the date which is 180 days after the issuance of a
building permit for installation of the PCS (unless extended by mutual agreement of the parties for an additional period of 180
days), or (b) the first day of the month following commencement of physical preparation of the Site. The annual rent will be
$18,000.00. partial yean to be prorated. The annual rent for each Renewal Term will be the annual rent in effect for the final
year of the Initial Term or prior Renewal Term, as the case may be, increased by Fifteen percent ( U%).
4. Title and QuId Possession. Owner represents andigrees (a) that it is the Owner of the Site; (b) that it has the right to enter
into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that SSLP \s entitled to access to
the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long 88 SSLP
is not in default beyond the expiration of any cure period; and (e) that Owner shall not have unsupervised access to the Site or
to the PCS equipment.
S. AssllJUllentlSnblettlnl. SSLP will not assign or transfer this Agreement without the prior mitten consent of Owner, which
consent will not be unreasonably withheld, delayed or conditioned; provided, however, SSLP may assign without Owner's
prior written consent to any party controlling, controlled by or under common control with SSLP or to any party which acquires
substantially all of the assets of SSLP. SSLP may sublet the Site with prior written consent of Owner, as set forth above, but
shall remain fully liable to Owner under this Agreement.
6. Notices. All notices must be in writing and are effective when deposited in the U.S. mail, certified and postage prepaid, or
when sent via overnight delivery, to the address set forth below, or as otherwise provided by law.
7. Improvements. SSl.P may, at its sole cost and expense, make such improvements on the Site as it deems necessary from
time to time for the operation of a transmitter site for wireless voice and data communications. Upon termination or expiration
ofthis Agreement, SSLP may remove its equipment and improvements and will restore the Site to the condition existing on the
commencement of this Agreement, except for ordinary wear and tear. Upon request, Owner will waive or otherwise
subordinate any lien rights it might have in the SSLP equipment (but not the land) in order to facilitate SSLP's financing of the
said equipment and will execute such documents as may be reasonably necessary so to do.
8. Compliance with I,8WS, Owner malees no representations about the Site or property and improvements located thereon
regarding compliance with any laws. 1be Site, property, and improvements are presented on "as is" condition.
9. Interference. SSLP will resolve technical interference problems with other equipment located at the Site on the
commencement of this Agreement or any equipment that becomes attached to the Site at any future date when SSLP desires to
add additional equipment to the Site. Likewise, Owner will not permit the iltlltllllation of any future equipment, upgrades or
enhancements by others on the site which results in technical interference problems with SSLP's then existing equipment.
10. Utilities. SSLP will pay for all utilities used hy it at the Site. Owner will cooperate with SSLP in SSLP's efforts to obtain
utilities from any location provided by Owner or the servicing utility.
11.
Tennlnatlon. Either party may terminate this Agreement by notice to the other party without further liability if SSLP does
not ohtain all permits or other approvals (collectively, "approval") required from any govc:mmc:ntal authority or any easements
required from any third party to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or
teoninated, or if Owner fails to have proper ownership, or appropriately clear title to the Site or authority to enter into this
Agreement, or ifSSLP, for any other
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Apr-21-98 03:43P
....u,
reason, in its sole disaetion, determines that it will be unable to use the Site for its intended purpose. Upon tennination, all prepaid
rent shall be retained by Owner.
12. DefaultJfeither party is in default under this Agreement for a period of (a) 10 days following receipt of notice from lhe non-
defaulting party with respect 10 a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice
from the non-<lefaulting party with respect to a default which may not be cured solely by the payment of money, then, in ei1her event,
the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not
limited 10, the light to tenninate this Agreemenllf Ihe non-monetaly default may not reasonably be cured within a 30 day period, this
Agreementmay netbe terTT*1atediflhe defaUting party corrrnences action to cure the default within such JOday period and proceeds with
due diligence to fully cure the default.
13. Indemnity. SSLP indemnifies and holds 0Mler harmless from any and all claims of liability or loss which arise out of the use and/or
oco.JpaIlcy of the Site by SSLP. This indemnity does not apply to any claims arising from the sole negligence or intentionallriscondud
of Owner.
14. HazardOUSSUbs1anCe$. OoNnerrepresentsthatithasno\<r'lOt.Medgeaf anysubslanoe, chemical orwaste(coIectiveIy, "subs1anoejon the
Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. SSLP sha. not
introduce or use any such substance on lhe Site In violation of any applicable law.
15. Mlsc:ellaneous. (a) This Agreement applies to and binds tl)e heirs, successors, executors, adminlstratornod assigns of the parties
blhis Agaement; (b) This Ageement Is governed by the laws of the Slate in which the Site is located: (c) If requested by SSLP, Owner
agrees promp1Iy to execute anddeiverto SSLP a JeCordable Memorandumdlhis ~tin lhefamc:JExlibit B; (d) ThisAgeemant
(including the Exhibits) CXlflStituteS the entire ageernent between lhe parties and supersedes aU prior written and verbal agreements,
representations, prarisesorlJlderstandings between lheparties. Alrt amendmer1s bthisAgeementrrustbe inwriling and executed by
both parties; and (e) If any provision of this Agreement Is Invalid or In!nforceable with respect to any party, the remainder of this
Agreement a the application of such provision to persons other lhan those as 10 whom it is held invalid or unenforceable, win net be
affected and each provision of this Agreement will be valid and enforceable to the fullest extent pennitted by law.
The following Exhibits are attached to and made a part of this Agreement: Exhibit A , Band C.
~~NE..' ~~_I'-fII'f"'1 BEI'1CH
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Address: /700 CO/.JVENfIPN c:e AJre.1<. DtZ/t//i!i
t--1/;;n' ~Il('~ ~~ 3313'1
Date: S _ TJ.,-f/U__ _/ f _ f
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SPRINT SPE T 'rl
By:
Its:
Address:
Date:
JlAIIAs' 'TJI. 7$1"17
APPROVED
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LEGAL
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City Attorney
I O/J-;J/1 %
Date
Apr-21-9S 03:44P
P.OS
Site Name:
City of Miami Beach Fire Department
Site I.D.
CAP]I DOI/Mi01XCI1l7!CAP31
THIS ADDENDUM modifies and amends the pes Site Agreement referred to herein
as follows:
1. Modification to Paragraph 4(d): The following is added to Paragraph
4(d):
Access Clarification: SSLP's access to the site "at all times" means:
. That SSLP's access shall be 7 days a week, 24 hours a day,
365 days a year. SSLP shall have full, total and complete
access rights to the Site at any time, with or without notice,
and Owner agrees to provide SSLP. contemporaneous with
the signing of this Agreement, such access information. cards
or keys as may be necessary to grant this access;
.
Owner agrees that in most cases simply giving the phone
number of a maintenance person is insufficient for SSLP's
purposes and a key, access card or other self executing
method for entry or access is required. Owner further
consents to the installation of a permanent lock box, either
mounted to a wall or hung on a door knob, all costs, fees and
expenses of which shall be borne exclusively by SSLP;
r
. Owner agrees and understands that access is a material
inducement to SSLP making, executing and delivering this
Agreement and specifically agrees that should Owner fail.
refuse or neglect to grant SSLP access pursuant to the terms
of this Agreement, it shall be deemed a material default of the
pes Site Agreement.
2. Addendum Controls: In the event of a conflict between the pes Site
Agreement and this Addendum, this Addendum shall control.
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Apr-21-9B 03:44P
P.09
3. pes Agreement Remains In Effect: All terms and conditions of the pes
Site Agreement and Exhibits thereto which are not inconsistent herewith remain in full force and
effect.
OWNER:
CITY OF MIM1~EACH
By: fJ!fU
S.S.ffax No.: 596000372
Address: 1700 Convention Center Drive
Miami Beach, Flo-,s.,ida 33139
Date: SifpTHM ttfL 9, I C,9 P
c::\oftice\\IIpwin\wpdocs\.<prinl\addc:ndum. for
Date:
,.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Allci!f1!!L ,~, cr
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EXHIBIT A
Site Description
Site Name:Citv of Miimi Beach Fire Department
I
Site I. D. CAP31DOIIMI03XC187/CAP31
Site situated in the City of Miami Beach, County of Dade. State of Florida, commonly described as
follows:
Legal Description: A PORTION OF SECTION 33, TOWNSHIP 53 SOUTH, RANGE 42 EAST LYING
WEST OF PINE TREE DRIVE, NORTH OF DADE BOULEY ARD, EAST OF PRARIE A VENUE AND
SOUTH OF WEST 25th STREET.
(pARENT TRACT)
. "
ON
~TUtOllO'llJl:
LA'n1\JI)(.. 25'4nl'J"
IOHOftJOl .. ceo1l1":il,".
QROlJtcD n~AllQ\j .. J.r
TOP or 10l(.H UlV. ... ~O'
PrDfD~.cP Sj'A?':V t: ,
E7'-1tM~/'vC J~"Ik_l
~
Sketch of Site:
:Pr-Qf'.(.l~ep S"rr,:./~
- ~
/J,.ileNIJI1C /orl9!t-",..1
TOhI~e IItij4-1 70/
jl'l
f ~f$ct
~itI'
Owner Initials__
SSLP InitiaY~-
Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with any exhibit setting forth the legal
description of the property on which the Site is located and/or an as-built drawing depicting the Site.
*[Use this Exhihit A for PCS Site Agreement, Memorandum of PCS Site Agreement, Option
Agreement and Memorandum of Option Agreement. J
to
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Apr-21-9B 03:45P
........L.L
This instrument prepared by:
Michael Christiansen
Mastriana & Christiansen
2750 North Federal Highway
Fort Lauderdale, Florida 33306
",
II"
tt
Return this instrument to:
Michael Christiansen
Mastriana & Christiansen
2750 North Federal Highway
Fort Lauderdale, Florida 33306
Do not ",Tite above this line - this space reserved for recording purposes
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EXHIBIT B
Site Name: City of Miami Beach Fire Department PCS Site Agreement
Site lD: CAP3100l1MIO"iXC187
Memorandum of PCS Site Agreement
This memorandum evidences that a lease was made and entered into by written PCS Site Agreement dated
S.7f1blu~ fl., q 1998, between City of Miami Beach ("Owner"), whose address is
/7/)0 (!.b".(.~""'cl... Ct~tvr pr, /fl.,., r,-" and Sprint Spectrum, L.P., a Delaware limited partnership ("SSLP").
whose address is 4900 Main Street, '12th Floor, Kansas City, MO 64112 the tenns and conditions of which are
. inco!'Porated herein by reference.
. , .
Such Agreement provides in part that Owner leases to SSLP a certain site located at Z 30 0 P, " {' 1Y {' -e () nit <:... .
City of Miami Beach. County of Dade, State of Florida, within the property of Owner which is described in Exhibit
"A" attached hereto, with grant of easement for unrestricted rights of access th~eto and to electric and telephone
facilities for a term of five (5) years commencing on $efR:tH/!if1. uL. 199.L. which term is subject to four (4)
additional five (5) year extension periods by SSLP.
Not later than thirty (30) days fonowing the cancellation, termination or expiration of the Agreement, SSLP will make,
execute and deliver to Owner an instrument, in fonn and substance reasonably satisfactory to O\\'Ilcr, in recordable fonn,
releasing this memorandum of PCS Site Agreement.
Il\ WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above wrinen.
Signed.,: 7' s aled
4-UA
~dN~m" c;r~'E I)tl-:- I~^, .
~ f f 1 a. /< /~-~ (,UC!!;j;;UJ.4~P .
Printed Name: J....//fOd) lit' a uc ( ,tI I l(! )
deliv~red in the presence of:
! 1
"OWNER"
CITY OF MlAJf1~CH
By: --!/I!kL
Printed Name: Ajt2/Se1J a. KIH IJIN
Title: M 11 'loll-
Date:
5ttJ Tf5U.l ~c11.. C} J /q9 Y
17()O t./JN I/~TlIJH ~tJf/iHl at
IU-/fO-l r: L 331 ?'1
Addrcss:
APPROVED AS TO 1l(lllNlI
FORM & LANGUA(,E
& FOR EXECUTION
O",,,,i:P..
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City Attorney
IrJ/~9(
Date
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Apr-21-98 03:45P
STATEOF FUJIL/IJj}
COUNTY OF 1) A-/JP
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My Commission expires:
(Official Notary Signatu~ .
Notary Public, State of /)11d b.-
Y-o 6 81T ~;.- 0J 12J! I-/61L
Printed, typed or Stamped Name of Notary
Commission Number:
(AFFIX NOTARIAL SEAL)
"SSLP"
Sprint SpectIUm. L.P., a Delawar
partnership
I'
Title: Dir.Ec:lol!- {~1\I1'4/ Rc:J'o,J
Printed Name:
Date:
Address: 11'11 IV'-sJ- "'(/;;"bi""/ (,wtrJ:!.ttvE
_~I/~. :te"r/Jl _7S?~2~
STATE OFlL~W
COUNTY OF VoJiw
Thr; forc;goin$ i~strument was ac.knoWledged before me this 'L? day of ~ , 1998 by wi/,Li1Jr)
~ J ug.(lJ:!(: . as ----I>1\'"ie~ of Sprint SpectmmT P , a Delaware limited partnership
He is personally known to me or has provided as identification and he did/did not take an oath.
. LORI WOJCIK
NOTARY PU8UC
~\..! ". State of Texas
'-'"'iCIF~ Ccmn. EJp.11-25-Z01
tA~/ ~.)
Official Notary Signatur . .
Notary Public, State of I il.Ji.JJ
(AFFIX NOTARIAL SEAL)
My Commission expires:
il~25-2.{..OI
Printed, typed or Stamped 'Kame of Notary
Commission l'umber:
to
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Apr-21-9a 03:45P
P.13
EXHIBIT "C"
pes Site Agreement
Site Name
City of Miami Reach Fire Department
Site I. D. CAP] ] DO] IMI03XC187
Insurance
SSLP will procure and maintain throughout the term of this Agreement a public liability policy, with
limits of$ 1 ,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate, with
a certificate of insurance to be furnished to Owner within 30 days of written request. Such policy
will provide that cancellation will not occur without at least 15 days prior written notice to Owner.
Name Insured: t I ~I 0 F 141 ):1m I B t:flL1-I-
,
Owner Initials "It .
SSLP Initials MP~
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Apr-21-98 03:46P
OWNER'S SWORN TO CONSENT
PERMITTING TENANT TO FILE FOR A HEARING
I, ' being duly sworn, depo s and says that I
am the Owner or authorized representative of owner, of the Property desc . ed and do hereby
authorize Sprint Spectrum and their authorized representative,
with ' to file this applic
approval and public hearing.-'~
The foregoing instrument was a
1998, by
Owner). He/she is perso
identification and he/she .
,
STATE OF
COUNTY OF
owledged before me this day of ,
as Owner (or Authorized Representative of
known to me or provided as
did not take an oath.
(Official Notary Signature)
Notary Public, State of Florida
Printed, typed or Stamped Name of
Notary
lQ
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Apr-21-9a 03:46P
P.1.5
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THIS AGREEMENT ("Agreement") is made and entered \1\10 as ofth _ day of
1998, by and between the City of Miami lBeach, i owners and
lessors ("OWNER") and Sprint Spectrum L.P. ("SSLP"), concerning the folio ing described
property owned, leased or managed by OWNER ("property"):
A. SSLP has an interest in the Property for use as tower or ante a site for the receipt
and transmission of wireless communications signals; and
B. In order for SSLP to determine the viability and feasibil" of the Property as a tower
or antenna site, it is necessary for employees, representatives, agents r indep~[Ident contractors of
SSLP to enter upon and inspect the Property and/or temporarily 10 te communications equipment
on the Property to conduct short term radio propagation tests, d to make application with local,
state and federal governmental entities for approval of the Pr erty as a tower or antenna site; and
c. SSLP desires to provide for the entry upo . inspection and/or testing. activities, and
applications concerning the Property pursuant to the t s contained in the Agreement.
NOW, THEREFORE, in consideration of e mutual promises, covenants, undertakings, and
other consideration set forth in this Agreement WNER and SSLP agree as follows:
I. Consent: OWNER consent a agrees that SSLP, itS employees,repiesentatives, ,
agents and independent contractors " orized Parties") may entcr upon the Property to conduct
and perform some or all 0 e follow' g activities ("Permitted Activities"), surveys, geotechnical
soil borings, if applicable, and ana ses, phase I environmental audits, boundary surveys, radio
propagation studies, and such 0 r tests and inspections of the Property which SSLP may deem
necessary or advisable. SSLP a ees to be responsible for any and all costs related to the Permitted
Activities, including installati n on the operation and removal of equipment on the Property.
I
2. WNER consents and agrees that the Authorized Parties may make and
file applications on 0\ 'R's behalf to such local, state and federal governmental entities whose
approval SSLP may c nsider necessary or advisable to have the Property approved as a tower or
antenna site, inc1ud' g, but not limited to, governmental approvals for zoning variances, rezoning
applications, buil . g permits and wetland pennits. OWNER hereby agrees that an executed copy
of this Agreeme t is as effective as the original. However, if requested by the Authorized Parties,
agrees to exec te such other and further documents as may be required by the governmental entity
in question evidence OWNER's consent to the action which is proposed to be taken.
/
31 Access: OWNER agrees that the Authorized Parties may enter upon the Property
to per~ the Pelmitted Activities upon execution of this Agreement and may have access to the
Pro~y for up to days.
A 4. Removal of Property: SSLP agrees that it will, upon the conclusion o(the term of this
Agreement, remove any equipment installed on the Property as a part of the Permitted Activities,
repair any damage to the Property that might have been caused in correction with any of the
"
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Apr-21-9a 03:47P
P.16
Pennitted Activities, and will return the Property to the condition it was in before SS ~ p's entry onto
the Property. In the event any equipment installed on the Property by SSLP is not mely removed,
OWNER will have the right to remove such equipment and SSLP agrees to be sponsible for the
reasonable costs of such removal.
5. Indemnity: SSLP agrees to indemnify, save harmless, an defend OWNER, its
owners or lessors, directors officers, employees, and property manageme agent, if any, from and
against any and all claims, actions, damages, liability and expense in con tion with personal injury
and/or damage to property arising from or out of any occurrence in, u n or at the Property caused
by the act or omission ofthc Authoriz~u Parties in conduction the Pe 'ttOO Activities. Any defense
conducted by SSLP of any such claims, actions, damages, liabilit and expense will be conducted
by attorneys chosen by S SLP, and SSLP will be liable for the Q yment 0 f any and all court costs,
expenses of litigation, reasonable attorneys' fees and any jud ent that may be"Cntered therein.
6. Insurance: At OWNER's request, SSLP ees to provide a certificate of insurance
evidencing SSLP's insurance coverage.
7. Governing Law: The parties agree at the interpretation and construction of the
Agreement shall be governed by the laws of th state of Florida, without regard to such state's
conflict of laws provisions.
"
IN WITNESS WHEREOF, the parti hereto have executed this Agreement as ofthe day and
year first above written.
By.
Name:
Title:
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CityofMiami Beach
By:
Name: Neisen Kasdin
Title: Mayor
ATTEST:
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUA.GE
& FOR EXECUTlON
#f~
- City Afrorney
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Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do NOT
send to the IRS.
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.n W-9"
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art I Tax a or Identification Number (TIN)
ler your TIN In the IPproprlate bolt. For
Iividu.ls, this Is your socl.1 security I1IImber
5N). For sole proprietors, see the instructions
pege 2. For other entities, It Is your employer
,nli flcatlon number lEIN). If you do not hcve .
mber. see How To Get I TIN below.
ote: If the ICCOunt is In more than one nlllle,
e the chert on page 2 for guidelines on whose
rober to enter.
art III Certification
lder penalties of perjury. I certify that:
The number shown on this form Is my correct IIxp.yer identification number lor I 1111 waiting for . number to be issued to mel. and
I IIll not subject to "blCkup withholding beclUse: lal I IIl1 uempl from backup withholding. or Ibl I hIVe not been notified by the Intern.1
Revenue Service that I IIll subject to blCkup withholding IS . result of . hilure to report .11 Interert or dividends, or lei the IRS has
notified me that I IIll no longer subltict to blCkup withholding.
list ICe.... .......
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Part II
For Payees Exempt From Backup
Withholding ISee Exempt Payees
Ind PI ments on a 21
Employer Identification number
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:ertlflcatlon "Inslructlons. - You must cross out Item 2 above If you hcve been notified by the IRS that you ..e currently subject to b.ckup
littlholding beclUse of underreporting intetest or dividends on your IIX return. For rllll estate translCtions, item 2 does not epply. For
1OI"tg'ge interest paid, the ICquisition or abandonment of secured property, cancellltion of debt. contributions to 10 individual retirement ..rangement
RAt IOd genenlly p.yments other than interert and dividends, you "II not required to sign the Certificltion, but you must provide your correct
IN. Wso sell Part III Instructions on e 2.1
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1ere Signature ~ Date ~
Form W -9 IAev. 3-941
H763
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-
:ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
t1p:\\ci.miam i-beach. fI.us
:;ITY OF MIAMI BEACH
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO.
S7&-q~
Mayor Neisen O. Kasdin and DATE: September 9,1998
Members of the City Co~mission
.' ?l
Sergio Rodriguez ,.IL
City Manager '''f
A RESOLU]{ON OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT
WITH SPRINT SPECTRUM L.P., PURSUANT TO INVITATION TO BID
NO. 75-97/98, TO LEASE SPACE AT FIRE STATION 2, FOR MOUNTING
ANTENNAE AND FOR THE PLACEMENT OF TELECOMMUNICATIONS
EQUIPMENT, IN THE AMOUNT OF $18,000 PER YEAR, TO BE PAID TO
THE CITY; AND REJECTING THE BID SUBMITTED BY BELL SOUTH
MOBILITY FOR THE HISTORIC CITY HALL SITE; FURTHER
WAIVING, BY 5/7THS VOTE, THE APPRAISAL REQUIREMENT
PURSUANT TO ORDINANCE NO 92-2783, FINDING SUCH WAIVER TO
BE IN THE BEST INTEREST OF THE CITY
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach currently broadcasts radio transmissions for Police, Fire and other services
from a primary radio tower located in the lot behind Fire Station 2 located at 2300 Pine Tree Drive,
Miami Beach, Florida. The tower holds equipment which enables the City's services to
communicate with each other and acts as the primary relay for City communications. Currently, all
equipment located on the tower is City-owned.
The metal and concrete tower was built in 1987. It stands 200 feet high with a base of21.2 square
feet. It currently houses antennae and relaying equipment which is spaced about the tower at
different intervals to allow for maximum range and for stability of the tower structure itself. Due
to the spacing of existing equipment, ample room exists on the tower for additional equipment.
Sites for cellular or wireless services have specific requirements. Companies who provide these
services require locations in certain areas at specific heights which meet prerequisites. Accordingly,
real estate is not simply made available on the open market for use by wireless companies. Wireless
companies survey specific areas, identify desirable locations, and contact the owners to negotiate to
lease or purchase the site.
AGENDA ITEM
~/A
0' - cr -C, X
DATE
Sprint approached the City of Miami Beach offering to negotiate a lease for space on the
communications tower and a portion of the rooftop located at Fire Station 2. Sprint was granted
permission to perform a structural analysis on the tower to determine the feasibility of locating
additional equipment on the tower. The structural analysis was completed by G.M. Shelby and
Associates in December 1997. As a result of the analysis, the City determined that the space could
be leased on the tower to private entities thus generating substantial revenue for the City. In order
to support additional equipment, structural upgrades to the tower would be necessary.
ANAL YSIS
Pursuant to the provisions of City Ordinance 92-2783 (the Shapiro Ordinance) the lease of any City-
owned property for a period of five years or more, including option periods requires the following:
· a public bidding process
· a Planning Department analysis
· an independent appraisal to determine the value of the leasehold interest
· a public hearing to obtain citizen input
Based upon the analysis conducted by Sprint and in accordance with Ordinance No. 92-2783, the
City of Miami Beach issued Invitation to Bid No. 75-97/98 on June 12, 1998, to solicit bids for long-
term leases at the following City-owned properties for the purpose of installing telecommunications
equipment:
· Fire Station 2, located at 2300 Pinetree Drive
· Historic City Hall, located at 1130 Washington Avenue
· City Hall, located at 1700 Convention Center Drive
Award of bids would not be limited to one entity exclusively; any and all bids could be
accommodated on the respective towers and rooftops without any incremental impact, aesthetic or
,
otherwise.
One-hundred forty seven (147) notices were mailed and eleven (11) sets of specifications were
requested, resulting in the receipt of two bids. Sprint responded to the Invitation to Bid with a
proposal to lease the site at Fire Station 2. The only other response which was received was from
Bell South Mobility for the Historic City Hall site.
The proposal submitted by Sprint for the Fire Station 2 site includes the following terms: (1) Sprint
agrees to perform an upgrade to the communications tower at their expense; (2) the non-exclusive
lease has an initial five year term with four renewable terms of five years each; (3) Sprint agrees to
pay $18,000 annually to the City of Miami Beach with a fifteen percent (15%) increase per term;
(4) the rooftop area to be leased is approximately 4' x 7' (28 square feet), along with space on the
tower for an antennae at a height of approximately seventy (70) feet.
Bell South Mobility submitted a proposal for the lease of the site located at Historic City Hall in the
amount of $4,000 per year. The Administration deems that it is not in the City's best interest to
pursue Bell South Mobility's proposal at this time and recommends rejection of this proposal.
The terms in Sprint's proposal provide excellent benefits to the City of Miami Beach and its
residents. This award will benefit the City as follows:
· The City's primary communication tower will be structurally upgraded thus providing the City
with a more stable structure in terms of public safety and eliminating additional costs associated
with such an upgrade should it be necessary in the future.
· The City will realize additional revenue of at least $18,000 per year.
· City residents will enjoy enhanced telecommunications service.
· The proposed lease agreement between Sprint and the City would not preclude the City from
entering into similar lease agreements with other interested parties. It is feasible to have multiple
telecommunications installations of this type at the same site.
Pursuant to the provisions of Ordinance 92-2783 the Planning Department analyzed the proposed
agreement. The Department concluded that it would be beneficial to the City by way of improving
telecommunications service and diminishing the potential for a cluttered skyline with multiple radio
towers (see attached analysis). Additionally, as required by Ordinance 92-2783, on June 17, 1998,
the City Commission set a public hearing for July 15, 1998, to discuss this matter. The public
hearing was opened and continued to the meeting of September 9, 1998.
In addition, given the unique nature of the real estate being offered for lease and the fact that its
value can only be determined by the specific value placed on it by wireless or cellular companies
seeking that exact location, avoiding the cost of performing appraisals of the site would be in the best
public interest. Accordingly, the Administration recommends that the requirement of appraisals in
connection with the approval of said lease agreement be waived, by 517ths vote, as required pursuant
to Ordinance No. 92-2783.
CONCLUSION
The Mayor and City Commission should ,\dopt the attached resolution awarding a contract to Sprint
Spectrum L.P., pursuant to Invitation to Bid No. 75-97/98, to lease space at Fire Station 2 for
mounting antennae and for the placement of telecommunications equipment, in the amount of
$18,000 per year to be paid to the City, and authorize the Mayor and City Clerk to execute the
attached agreement. Furthermore, the Mayor and City Commission should reject the bid submitted
by Bell South Mobility for the Historic City Hall site.
sRkJ;JK
T:\AGENDA \SEP0998\REGULAR\SPRINT M.HSM 8/27/98
CITY OF MIAMI BEACH """-
Planning, Design and Historic Preservation~
Interoffice Memorandum
To:
Eloy Bauleth
Systems Support Manager, Information Technology
Dean Grandin~
Planning and~ctor
Date: June 29, 1998
From:
Subject: Analysis of Pending Lease Agreement with Sprint PCS for the placement of antennae
and Telecommunications Equipment at Fire Station 2 - 2300 Pine Tree Drive (Ordinance
92-2783)
Pursuant to your request, this memorandum serves to provide an analysis of the lease agreement with
Sprint PCS for the placement of antennae and telecommunications equipment on the roof and radio
tower of Fire Station 2, located at 2300 Pine Tree Drive.
Ordinance 92-2783 of the City of Miami Beach requires that any proposed sale or lease of city-
owned land be analyzed from a planning perspective in order that the City Commission and the
public are fully apprised of all conditions relating to the proposed lease. What follows, herein, are
each of the eight criteria prescribed in said ordinance and a response to each:
1. Whether or not the proposed use is in keeping with City goals and objectives and
conforms to the City Comprehensive Plan.
The proposed lease of a part of the roof of Fire Station 2 to place telecommunication
equipment and the lease of a portion of the existing tower to place antennae does not
contravene the goals and objectives of the Comprehensive Plan.
2. The impact on adjacent property, including the potential positive or negative impacts
such as diminution of open space, increased traffic, noise level or enhanced property
values, improved development patterns and provision of necessary services. Based on
the proposed use of the property, the City shall determine the potential impact of the
project on City utilities and other infrastructure needs and the magnitude of costs
associated with needed infrastructure improvements. Should it become apparent that
further evaluation of traffic impact is needed, the proponent shall be responsible for
obtaining a traffic impact analysis from a reputable traffic engineer.
The proposed lease for the telecommunications equipment and antennae will not diminish
open space, increase traffic or have an impact on noise levels.
1
3. A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the City's revenue base, reducing
City costs, creating jobs, creating a significant revenue stream and improving the
community's overall quality of life.
The proposed lease will create a revenue stream which will help to reduce City costs. The
installation of the telecommunication equipment will help to provide better service for the
users ofthese types of devices within the City.
4. Determination as to whether or not the development is in keeping with the surrounding
neighborhood, will block views, or create other environmental intrusions, and
evaluation of the design and aesthetic considerations of the project.
The placement of the equipment on the roof of the Fire Station and the installation of the
antennae on the existing tower will not block any views. The surrounding neighborhood
consists of other municipal and institutional 1 educational uses, as such, the proposed
equipment room and antennae are in keeping with the existing character.
5. The impact on adjacent properties, whether or not there is adequate parking, street,
and infrastructure needs.
The use of the roof of the fire station and existing tower will not have an impact on parking
nor will it affect the city's infrastructure.
6. A determination as to whether or not alternatives are available for the proposed
disposition, including assembly of adjacent properties, and whether the project could
be accomplished under a private-ownership assembly.
It is conceivable that the telecommunication equipment and the antennae could be placed on
a nearby privately owned building. However, this would require the construction of a new
tower which could be an unsightly addition to the skyline of the surrounding area. The
proposed placement of the antennae on the existing tower will help diminish the visual
clutter in the surrounding neighborhood.
7. Within the constraints of public objectives, the department should examine financial
issues such as job generation, providing housing opportunities, and the return to the
City for its disposition of property.
2
There is no job generation or housing opportunities associated with the proposed lease.
8. Such other items as the Planning Department may deem appropriate in analysis of the
proposed disposition.
Planning Staffhas determined that the proposed lease of a part of the roof of Fire Station 2
to place telecommunication equipment and the lease of a portion of the existing tower to
place antennae will be benefit to the City. The equipment and antennae will improve the
reception and coverage area for the users of this service. By using the existing tower at the
fire station the potential for a cluttered skyline with multiple radio towers is diminished.
DJG/JGG
cc: J. Gavarrete
F:\PLAN\$ALL\CC _MEMOS\FIRESTN2.ANL
3
CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
OPENED AND CONTINUED TO SEPTEMBER 9, 1998, 10:30 A.M.
NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the
City of Miami Beach, on Wednesday, July 15,1998, at 10:30 a.m., in the Commission
Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida to consider
public comment regarding a Lease between the City and Sprint Spectrum L. P., for the placement
of antennae on the radio tower of Fire Station No.2 and electronic equipment on the roof of the
building adjacent to the radio tower located at 2300 Pine Tree Drive, Miami Beach, Florida.
Inquiries concerning this item should be directed to the Information Technology Department, at
(305) 673-7040. Copies of this lease are available for inspection during normal business hours
in the Office of the Procurement Department, City Hall, 1700 Convention Center Drive, Miami
Beach, Florida.
All persons are invited to appear at this meeting or be represented by an agent, or to express their
views in writing addressed to the City of Miami Beach City Commission c/o the City Clerk, 1700
Convention Center Drive, First Floor, City Hall, Miami Beach, Florida 33139. This hearing may
be continued at this meeting and, under such circumstances, additional legal notice would not be
provided.
Pursuant to section 286.0105, Fla Stat., the City hereby advises the public that: if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at this meeting or hearing, such person must insure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal
is based. This notice does not constitute consent by the City for the introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's Office no later
than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if hearing
impaired, telephone the Florida Relay Service numbers (800) 955-8771 (TDD) or (800) 955-8770
(VOICE) for assistance.