2019-30767 Resolution RESOLUTION NO. 2019-30767
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE ADMINISTRATION AND APPROVING, IN
SUBSTANTIAL FORM, A NEW ROOFTOP LEASE AGREEMENT
BETWEEN THE CITY (TENANT) AND 5600 CONDOMINIUM
ASSOCIATION, INC. (LANDLORD), FOR THE USE OF INDOOR
SPACE AND ROOFTOP AREAS, AT THE BUILDING LOCATED AT
5600 COLLINS AVENUE, IN CONNECTION WITH THE USE AND
OPERATION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT,
FOR A TERM OF TEN (10) YEARS, WITH THE POSSIBILITY OF
EXTENDING FOR FOUR (4) ADDITIONAL FIVE (5) YEAR RENEWAL
TERMS UPON AGREEMENT OF THE PARTIES, FOR AN INITIAL
ANNUAL RENT OF $25,000, SUBJECT TO ANNUAL RENT
ESCALATIONS OF THREE PERCENT (3%) THEREAFTER; AND,
FURTHER, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE FINAL NEGOTIATED AGREEMENT.
WHEREAS, for several decades, the City has used certain privately-owned
condominium towers (e.g. Council Towers, Parkview Point, Tower 41, and Rebecca
Towers) for the location and operation of public safety communications equipment,
which infrastructure is critical to the essential functions of the City's law enforcement
and public safety personnel; and
WHEREAS, in 2017, pursuant to RFP 2017-006-AK, the City contracted with
Florida-based Harris Corporation to replace the City's aging public safety radio system;
and
WHEREAS, in accordance with the Harris Corporation contract for updating the
public safety communications equipment and related infrastructure at these towers, the
City is ensuring that lease agreements with the private properties exist which will protect
our network infrastructure throughout the life span of the new equipment; and
WHEREAS, to integrate and equip a tower location ("Facility") into the system.
network, the City requires (1) an indoor or enclosed equipment room for radio
communications equipment; (2) rooftop areas for equipment and improvements such as
transmitters, antennas, and microwaves dishes; (3) flexible coaxial transmission lines
between the rooftop space and the equipment room; and (4) installation of or access to
a permanent generator; and
WHEREAS, the Harris Corporation has identified 5600 Collins Avenue as an
ideal location for a new Facility, the addition of which is necessary to accommodate
growth in the City's needs since the system was first introduced in the 1980s; and
WHEREAS, as part of ongoing efforts to execute the Harris Corporation contract
and update the communications network, the Administration is negotiating a Rooftop
Lease Agreement with 5600 Condominium Association, Inc.; and
WHEREAS, the essential terms of the Agreement include:
A. Effective Date: upon execution following Commission approval and
final negotiation.
B. Leased Premises: 5600 Collins Avenue
C. Term: ten (10) years, with four (4) additional five (5) year
renewal terms, upon agreement of the parties.
D. Termination for the City has exclusive right to terminate upon 90
Convenience: days notice.
E. Rent: $25,000 annually, with annual increases of 3% per
year beginning the second contract year. (The total
rental amount is approximately $286,596.98 over
ten (10) years); and
WHEREAS, the Leased Premises was specifically identified by the Harris Corp.
and selected by the Fire Department's Public Safety Communications Division for
development of a new Facility; and
WHEREAS, the negotiated rental payment reflects the market rate value of
rooftop space for commercial cellular telephone operators at this desirable location,
along the Collins Avenue corridor; and
WHEREAS, to that end, the Agreement contains adequate assurance for
continuous operation of the City's public safety communications equipment at the
Leased Premises, including unrestricted access by City personnel to the Leased
Premises, exclusive (access controlled) use of the equipment room storage area, and
installation of a private generator for backup power during an emergency event; and
WHEREAS, execution of this Agreement and installation of a Facility at the
Leased Premises is a required component of the City's system-wide modernization of
its public safety communications network; and
WHEREAS, given the importance of ensuring the delivery of services which
provide for the health, safety, and welfare of the general public, the Administration
recommends that the Mayor and City Commission approve, in substantial form, the
Agreement, incorporated herein by reference and attached hereto as Attachment "A".
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 accept the recommendation of the Administration and approve, in
substantial form, a new Rooftop Lease Agreement between the City (Tenant) and 5600
Condominium Association, Inc. (Landlord), for use of indoor space and rooftop areas, at
the building located at 5600 Collins Avenue, in connection with the use and operation of
public safety communications equipment, for a term of ten (10) years, with the
possibility of extending for four (4) additional five (5) year renewal terms upon
agreement of the parties, for an initial annual rent of $25,000, subject to three percent
(3%) annual rent escalations thereafter; and, further, authorize the Mayor and City Clerk
to execute the final negotiated Agreement.
PASSED AND ADOPTED this /0 day of �Or'i/ 2019.
— --- -1- .W .
Dan Gelber, Mayor
ATTEST: ;
r
' '\ ' �� 1
Rafe-1 E. Gr- ado, ' y C -rk
�,�..�.wen„,pl'
E.
B ..
r %�.eo •.�,,,�I
-* •:INCORP ORATED 1,04,
I 7:. \/, 0Sf
h4441%04,4. 1 CB- 1.
12b.t
APPROVED AS TO
FORM & LANGUAGE
& FOR EXUTION
4-i
4(( \
i _t_2iiiCity Attorney .( Date
ROOFTOP LEASE AGREEMENT
This ROOFTOP LEASE AGREEMENT ("Agreement") is entered into and effective as of
("Effective Date"), by and between the 5600 CONDOMINIUM
ASSOCIATION, INC., a Florida nonprofit corporation, having its principal place of business at 5600
Collins Avenue, Miami Beach, Florida 33140 ("LANDLORD"), and the CITY OF MIAMI BEACH,
FLORIDA ("CITY" or "Tenant"), a municipal corporation organized and existing under the laws of the
State of Florida.
RECITALS
WHEREAS, LANDLORD owns or controls portions of , •::::;property located at 5600 Collins
Avenue, Miami Beach, Florida 33140 (as hereinafter defined); a :<____ =
WHEREAS, CITY desires to use and occupy certain_ ::,7::::of the Property for the construction,
installation, location, operation, maintenance, repair, up•r.::_:: :=:nd <;:: val of Equipment (as hereinafter
defined); and
WHEREAS, the parties wish to enter into ;:;:::;:_;=-`eement whereby L'= :__.>..ORD will grant to CITY a
right to lease the Leased Premises for public sa =>- .ectronics and commun > -<:: ns systems, and other
improvements, with the right to install, locate, oper -nd maint< Equipmen hereinafter defined)
on the Property; and
WHEREAS, LANDLORD wary= ;;; represents as secured all necessaryapprovals to
-: -
execute and carry out its obligations un•`<''a`` _> ::-ement.
NOW, THEREFORE, this Agreem- `::'_ en'- == o by a --= <:::...tween LANDLORD and CITY, in
and for the consideration .>.: _- mutual co' :::-nts ca7r.--• in thi :__ eement, the receipt and legal
sufficiency of which is ar:: • both s.
1. Recitals. The reci
are-�.;:. .rporated`r:?`: dmade"�:-=__
7 aterial part of this Agreement.
2. Definitions. The folio >> '::;rms `'---ed in this -:' cement are defined as follows:
_ ::>>:>;::; ,s the 7::".--1;•:": "-:;r";•'-en- _ =- ::<:: den : •uildin with 287 units located on the Property
_ 9 p Y
-:- -'�� and-�-���`><<: ° ;:.as t ��> °_:_::�00 CO as described in the Declaration of Condo,
r c r � ._t ._:<�. ' -
e o de• -..ictal ���•• >__: ds Book-''=������5 at Page 0964, of the Public Records of Miami-
Dade
:.. Coun'<:::`_;.rida ''• :::',ins of which are controlled by LANDLORD, and portions of
hich are leas LAN c`:: ;'D to CITY pursuant to this Agreement.
"Comm=<` : =; ent Date" >=.:ns XXXXXXX XX, 2019.
"Equipment' > :: -ns p safety electronics systems and facilities, including antennae,
equipm= =:_<:;•e►:_ ''<: rs transmission lines, transmitters cables, structures, equipment
shelters o `>> =-•, meter boards, utilities, and related improvements.
"Lease Term" means a period of ten (10) years following the Commencement Date. The
Agreement may be extended for four (4) additional five (5) year renewal terms, upon
agreement of both parties.
"Leased Premises" includes:
• Penthouse Rooftop — the roof and exterior walls of the penthouse level of the
Building, as depicted in Exhibit A, for installation of Equipment.
• Fire Panel Room — an approximately 80 square foot area, within the fire panel
room adjacent to the valet parking garage area located on the lobby-floor level of
2 •
the Building, which area is more particularly identified in Exhibit B, for installation
of Equipment.
• Generator Room—an approximately 120 square foot area, near the service entry
area within the basement (parking garage) level of the Building, and more
particularly identified in Exhibit C, for the installation of a permanent generator
used exclusively by the CITY.
• The Leased Premises shall include non-exclusive access to the Building's
• existing telephone distribution systems and facilities as well as vertical and
horizontal risers and conduits in the Building for the limited purposes of installing
electrical power for the Equipment and connecting the Equipment to fiber optic
cable at the Building's demarcation point.
"Property" means the parcel of land that includes the Building located at 5600 Collins Avenue,
Miami Beach, Florida 33140.
"Permitted Uses" means the construction, installation, location, operation, maintenance, repair,
replacement, and removal of Equipment by CITY. In addition to the Equipment located
on the Penthouse Rooftop and in the Fire Panel Room, CITY shall have the right to
locate a permanent generator inside the Generator Room within the basement parking
garage level of the Building. Further, LANDLORD agrees that CITY shall be permitted to
run electrical lines throughout the Property, or any other related infrastructure which the
City deems necessary, in order to ensure that the Equipment functions properly and to
provide emergency electrical power.
"Rent" means an amount equal to Twenty-Five Thousand and 00/100 dollars ($25,000.00) to be
paid by the CITY to LANDLORD on or before the Commencement Date and each
anniversary of the Commencement Date throughout the Lease Term.
3. Leased Premises; Diagram of Area. Effective upon the Commencement Date, LANDLORD leases
to CITY the Leased Premises depicted in Exhibits A, B, and C, which Exhibits are attached and
incorporated by reference into this Agreement. CITY shall be entitled to the non-exclusive use of the
Leased Premises for the Permitted Uses. CITY acknowledges and agrees that it is accepting possession
of the Leased Premises in 'as-is' condition.
4. Rent. CITY shall pay to LANDLORD the Rent commencing on the Commencement Date. The
LANDLORD shall be entitled to an escalation in Rent upon each anniversary of the Commencement Date
and throughout the Lease Term, by three percent(3%) of the Rent due for the prior year.
5. Permitted Uses; Non-Exclusivity. During the Lease Term, LANDLORD grants to CITY the non-
exclusive right to use the Leased Premises for the Permitted Uses. LANDLORD may lease to separate
entities other areas of the Building outside of the Leased Premises.
6. Assignment, Sublease, and Licensing. With the exception of CITY'S affiliates, subsidiaries, or other
governmental agencies, CITY shall not assign or encumber its interest in this Agreement or in the Leased
Premises, or sublease all or any part of the Leased Premises, without LANDLORD's prior written consent,
which consent shall not be unreasonably withheld, conditioned, or delayed. Should this Agreement be
assigned to any entity other than the CITY's affiliates, subsidiaries, or another governmental agency,
LANDLORD shall be free to renegotiate the terms of this lease.
7. Access. LANDLORD grants CITY and all of its respective employees, agents, and contractors the
non-exclusive right of ingress and egress to the Leased Premises, including access over, upon, through,
and across the common areas, elevators, stairways, and driveways of the Building and the Property,
seven (7) days a week, twenty-four (24) hours a day, without prior notice to LANDLORD, for the
installation, maintenance, and operation of the Equipment. Upon execution of this Agreement,
LANDLORD shall provide CITY with an access key or other security device sufficient to enable full and
complete access from outside the Property into the Building and throughout the Leased Premises.
2
City
5600 Condominium Association
8. Landlord's Right of Entry. LANDLORD may enter upon the Leased Premises at all reasonable times
for the purpose of inspecting same, preventing waste, and for the purpose of preventing fire, theft, or
vandalism. However, LANDLORD agrees to provide the City with twenty-four (24) hours advanced
notice, in writing, of Landlord's intent to enter the Leased Premises, unless the need to enter the Leased
Premises is an emergency, which, if not immediately addressed, would cause property damage, loss of
life, or injury to persons. Additionally, during such access, LANDLORD shall not touch, make contact
with, or interfere in any way with the Equipment, unless necessary as an emergency, as defined herein.
As concerns the secured area within the Fire Panel Room and the secured area containing the
permanent generator, LANDLORD shall notify the CITY on any occurrence that LANDLORD accesses
the Leased Premises when LANDLORD is not accompanied by an employee of the CITY.
9. Personal Property/ Removal/Restoration. All improvements, Equipment or other property attached
to or otherwise brought onto the Leased Premises shall, at all times, remain the personal property of
CITY and, at CITY's option, may be removed by CITY at any time during the Lease Term, provided,
however, the Equipment shall be removed within ninety (90) calendar days after the termination or
expiration of this Agreement. LANDLORD waives any and all rights it may have, including any rights it
may have in its capacity as Landlord under this Agreement, to assert any liens, encumbrances, or
adverse claims, statutory or otherwise, related to or in connection with the Equipment or a portion thereof.
CITY, in its sole discretion, may remove the Equipment or any portion of the Equipment at any time
during the Lease Term. CITY will not be required to remove from the Leased Premises or the Property
any foundation or underground utilities.
10. Waiver of Claims and Rights of Subrogation. The parties hereby waive any and all rights of action
for negligence against the other on account of damage to the Property or to the Leased Premises
resulting from any fire or other casualty of the kind covered by property insurance policies with extended
coverage, regardless of whether or not, or in what amount, such insurance is carried by the parties. All
policies of property insurance carried by either party for the Equipment, Property, or the Leased Premises
shall include a clause or endorsement denying to the insurer rights by way of subrogation against the
other party to the extent rights have been waived by the insured before the occurrence of injury or loss.
11. Insurance. The CITY is self-insured for all potential liability resulting from the CITY'S negligence in
accordance with and subject to the limitations of Section 768.28, Florida Statutes. The CITY maintains a
self-insurance program that will provide coverage for all bodily injury and property damage claims which
may, as it relates to the CITY'S use, occupancy, or maintenance of the Leased Premises, arise from the
negligent acts of the CITY'S employees or agents. Upon request, CITY agrees to provide LANDLORD
with a notarized letter evidencing the extent of its insurance coverage.
12. Interference with CITY's Business. CITY shall have the non-exclusive right to construct, install,
and operate Equipment including communications equipment and equipment that emits radio
frequencies. LANDLORD agrees that it will not permit the construction, installation, or operation on the
Property of any equipment or device that directly interferes with the Permitted Uses.
13. Default.
(a) Notice of Default: Cure Period. In the event that there is a default by LANDLORD or CITY (the
"Defaulting Party") with respect to any of the material provisions of this Agreement or
LANDLORD's or CITY's obligations under this Agreement, the other party (the "Non-Defaulting
Party") shall give the Defaulting Party written notice of such default. After receipt of such written
notice, the Defaulting Party shall have sixty (60) calendar days in which to cure any default. The
Defaulting Party shall have such extended periods as may be required beyond the sixty (60)
calendar day cure period to cure any default if the nature of the cure is such that it reasonably
requires more than sixty (60) calendar days to cure, and Defaulting Party commences the cure
within the sixty (60) calendar day period and thereafter continuously and diligently pursues the
cure to completion. The Non-Defaulting Party may not maintain any action or effect any remedies
for default against the Defaulting Party unless and until the Defaulting Party has failed to cure the
same within the time periods provided in this Section.
3
City
5600 Condominium Association
(b) Consequences of CITY's Default. In the event that CITY is in default beyond the applicable
periods set forth above, LANDLORD may, at its option, upon written notice: (i)terminate this
Agreement provided that LANDLORD has been materially and substantially harmed by such
default; (ii)take any actions that are consistent with LANDLORD's rights; or (iii) sue for injunctive
relief, sue for specific performance, or sue for damages. In no event shall CITY be liable to
LANDLORD for consequential, indirect, speculative, or punitive damages in connection with or
arising out of any default.
(c) Consequences of LANDLORD's Default. In the event that LANDLORD is in default beyond the
applicable periods set forth above, CITY may, at its option, upon written notice: (i)terminate this
Agreement and vacate the Leased Premises without further obligation contained herein;
(ii) perform the obligation(s) of LANDLORD specified in such notice, in which case any
expenditures made by CITY in so doing shall be deemed paid for by the account of LANDLORD
and LANDLORD agrees to reimburse CITY for said expenditures upon demand; (iii) take any
actions that are consistent with CITY's rights; or (iv) sue for injunctive relief, sue for specific
performance, or sue for damages. In no event shall LANDLORD be liable to CITY for
consequential, indirect, speculative or punitive damages in connection with or arising out of any
default.
14. Termination for Convenience. CITY shall have the right to terminate this Agreement, at its sole
discretion, without cause and for convenience, at any time, by providing LANDLORD ninety (90) days
written notice in advance of said termination.
15. Casualty and Condemnation.
(a) In case of damage to the Building by fire or other casualty, LANDLORD shall, at its expense,
cause the damage to be repaired to a condition as nearly as practicable to that existing prior to
the damage with reasonable speed and diligence. In the event the damage is so extensive that
LANDLORD decides, in its reasonable discretion, not to repair or rebuild the Building, this
Agreement shall be terminated as of the date of such casualty.
(b) If all or substantially all of the Property or the Leased Premises shall be taken in the exercise of
condemnation, eminent domain, or other regulatory action by any governmental authority, then
either party may terminate this Agreement by providing written notice to the other party within
thirty (30) calendar days of such regulatory action, which termination shall be effective as of the
date of the vesting of title in such taking. LANDLORD and CITY shall each be entitled to pursue
their own separate award with respect to such taking. In the event of any taking of less than all or
substantially all of the Property or Leased Premises, this Agreement shall continue and
LANDLORD and CITY each shall be entitled to pursue their own separate awards with respect to
such taking.
16. Surrender of the Property. Upon the expiration or early termination of this Agreement, CITY shall,
within ninety (90) calendar days, remove its Equipment and restore the Leased Premises to its original
condition, reasonable wear and tear excepted. LANDLORD and CITY agree and acknowledge that all
the Equipment is and shall remain the personal property of the CITY. CITY shall have the right to remove
the same, whether or not said items are considered fixtures and attachments to real property under
applicable law.
17. Quiet Enjoyment,Title, and Authority.
(a) LANDLORD covenants and warrants that: (i) LANDLORD has the authority to execute this
Agreement and the power to grant the rights hereunder; (ii) LANDLORD holds title to the Leased
Premises free and clear of any liens, mortgages, restrictions or other encumbrances that will
interfere with the Permitted Uses of the Leased Premises; (iii) LANDLORD's execution and
performance of this Agreement will not violate any laws, ordinances, covenants, or the provisions
of any mortgage, license, or other agreement binding on LANDLORD; and (iv) CITY shall
peaceably and quietly hold and enjoy the Leased Premises for the purposes as defined in this
Agreement.
4
City
5600 Condominium Association
•
(b) To LANDLORD's knowledge, the Building is properly permitted, and complies with all applicable
laws, including all zoning, occupational, and permitting laws and requirements. The entire
Property, including improvements, related HVAC, electrical, plumbing, and other building
equipment: (i)will be maintained by LANDLORD in accordance with normal industry standards
and practice; (ii) shall remain in working order adequate for normal operations; (iii)will remain in
good operating condition and repair (subject to normal wear and tear); and (iv)will remain
suitable for the purposes for which they are presently used.
(c) LANDLORD covenants and agrees to, at all times during the Lease Term, maintain in good,
sound, and substantial repair and condition, the Building upon which the Leased Premises is
situated.
18. Sale of the Property. If LANDLORD sells all or part of the Property of which the Leased Premises is
a part; then such sale shall be under and subject to this Agreement and CITY's rights hereunder. Any
sale or transfer of real property which is now or may in the future be subdivided or otherwise separate
from the Property and over which CITY has the right of access or utility connections to the Leased
Premises will be subject to CITY's rights hereunder. LANDLORD will notify CITY of any sale or transfer,
and will cause the transferee to execute any document(s), in form acceptable to CITY, reasonably
required by CITY to memorialize CITY's rights under this Agreement, and to ensure proper notice to such
transferee. Each party agrees upon written request of the other to promptly execute such truthful
estoppels, non-disturbance and/or attornment agreements as may be necessary in the event of any sale
or transfer of the Property.
19. Successors and Assigns. The terms of this Agreement shall constitute a covenant running with the
Property for the benefit of CITY and its successors and assigns and shall extend to and bind the
successors and assigns of the parties hereto and upon each person having any interest therein derived
through any owner thereof.
20. Mortgages. In the event the Leased Premises is or shall be encumbered by a mortgage,
LANDLORD shall obtain and furnish to CITY a non-disturbance agreement for each such mortgage, in
recordable form. In the event the Property is currently encumbered by a mortgage at the time of
execution, LANDLORD shall furnish to CITY a non-disturbance instrument in a form acceptable to CITY
within thirty(30) days following the Effective Date.
21. Title Insurance. CITY, at CITY's option, may obtain title insurance on the Leased Premises.
LANDLORD shall cooperate with CITY's efforts to obtain title insurance by executing documents or
obtaining requested documentation as required by the title insurance company.
22. Landlord's Waiver. LANDLORD hereby waives and releases any and all liens, whether statutory or
under common law, with respect to any of LANDLORD's personal property now or hereafter located on
the Leased Premises.
23. Recording. CITY shall have the right to record a memorandum of lease with the appropriate
recording officer. LANDLORD shall execute and deliver such a memorandum, for no additional
consideration, promptly upon CITY's request.
24. Entire Agreement; Governing Law; Time. This Agreement and the Exhibits, if any, attached hereto
are incorporated herein and set forth the entire agreement between LANDLORD.and CITY concerning
the subject matter of this Agreement, and there are no other agreements or understandings between
them regarding the Permitted Uses on the Leased Premises on the Property. This Agreement and its
Exhibits may not be modified except by agreement in writing executed by LANDLORD and CITY. In the
event of any conflict, the terms of this Agreement will govern over the provisions of any documents
referenced hereto.
25. No Partnership. The parties hereby acknowledge that it is not their intention under this Agreement
to create between themselves a partnership, joint venture, tenancy in common, joint tenancy, co-
ownership, or agency relationship. Accordingly, notwithstanding any expressions or provisions contained
herein, nothing in this Agreement, whether based on the calculation of rental or otherwise, shall be
5
City
5600 Condominium Association
construed or deemed to create, or to express an intent to create, a partnership, joint venture, tenancy in
common, joint tenancy, co-ownership or agency relationship of any kind or nature whatsoever between
the parties hereto. The provisions of this section shall survive expiration of the Lease Term.
26. Interpretation. Any defined term in this`Agreement shall be equally applicable to both the singular
and the plural form of the term defined. The word "or" is not exclusive and shall mean "and/or" unless
indicated otherwise and the word "including" is not limiting and shall mean "including, without limitation."
References to a Section or Exhibit mean a Section or Exhibit contained in or attached to this Agreement
unless specifically stated otherwise. The caption headings and numbering in this Agreement are for
convenience and reference only and do not define, modify, or describe the scope or intent of any of the
terms of this Agreement. This Agreement shall be interpreted and enforced in accordance with its
provisions and without the aid of any custom or rule of law requiring or suggesting construction against
the party drafting or causing the drafting of the provisions in question.
27. Notice. All notices hereunder shall be in writing and shall be sent by courier or certified mail, return
receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or
if delivery is impossible because of failure to provide reasonable means for accomplishing delivery. For
purposes of this Agreement, notice shall be provided to the following persons:
For LANDLORD: For CITY:
City Manager
5600 Condominium Association, Inc. City of Miami Beach
5600 Collins Avenue 1700 Convention Center Drive
Miami Beach, FL 33140 Miami Beach, FL 33139
With copy to:
Martinez Molina, Aleida, Esq. Real Estate Division
2525 Ponce de Leon Blvd. City of Miami Beach
Suite 700 1700 Convention Center Drive
Coral Gables, FL 33134 Miami Beach,FL 33139
28. Applicable Law, Jurisdiction, Venue. This Agreement shall be construed in accordance with the
laws of the State of Florida, regardless of conflict of law principles. Venue shall be in Miami-Dade County.
29. Trial by Jury. LANDLORD AND CITY BOTH WAIVE THEIR RIGHT TO A JURY TRIAL FOR ANY
ISSUE OR CONTROVERSY ARISING UNDER THIS AGREEMENT.
30. Validity. If any section, provision, clause, or portion of this Agreement is rendered void, invalid, or
unenforceable, for any reason whatsoever, such a determination shall not render void, invalid, or
unenforceable any other section, provision, clause, or portion of this Agreement. Any affected portion or
provision shall be modified, amended, or deleted to the extent possible and permissible to give the fullest
effect to the purposes of the parties and of this Agreement, and the parties hereby declare that they
would
have agreed to the remaining parts of this Agreement if they had known that such provisions or portions
thereof would be determined to be illegal, invalid, or unenforceable.
*****EXECUTION PAGES TO FOLLOW****
6
City
5600 Condominium Association
IN WITNESS WHEREOF, LANDLORD and CITY having read the foregoing and intending to be
legally bound hereby, have executed this Agreement as of the Effective Date.
LANDLORD:
5600 CONDOMINIMUM ASSOCIATION, INC.
Witnesses
By: By:
Name: Name:
Title:
By:
Name:
STATE OF FLORIDA )
SS:
COUNTY OF MIAMI-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State of Florida
and in Miami-Dade County to take acknowledgments, the foregoing instrument was acknowledged before
me by , as of 5600
CONDOMINIMUM ASSOCIATION, INC , who is personally known to me or provided
as evidence of identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
, 2019.
Notary Public, State of Florida
My Commission Expires:
7
City
5600 Condominium Association
Attest: CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Dan Gelber, Mayor
APPROVED AS TO FORM
AND LANGUAGE AND
FOR EXECUTION
City Attorney Dated
STATE OF FLORIDA
SS:
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged
before me by Dan Gelber, as Mayor of the City of Miami Beach,'Florida, who is personally known to me.
WITNESS my hand and official seal in Miami-Dade County and State of Florida this _ day of
, 2019.
Notary Public, State of Florida
My Commission Expires:
•
8
City
5600 Condominium Association
•
11 I
II, F
II h { {
1
®9 {q . VIII§g§ ;117x1
All ! 11 I.•.: •,, N. _ L c . ,
_ •IRlIg°
" • , Fl ! 1 . .. 8
', i - e. 4.6, . i' r '. . '0- .,
•4. 5._ ; ..._ F I; , ..... ,, . 2p vic ....-3 .. x a .
.' i I ig
�; :1 1 I. j, . 1. ,1 C R
4
1 Ivt ► " l — 1° R1
jr, ' k{ - , I ,,I I>a> z
I 'I d n - '-- -s.....4,� O
i ` I I r :ti •�-s T T o m m
l
I._. .;i_. '� �..irtte
1•
-� II .• •.. `� «I fry d. ri• 'a #e ~ W_
I I 111 ,,,.0...... O
1
cn 1- iI,• II r, a :`1
0 , I DI___
. �
3 ' L_ , A• 1 ,I 1,', - d I I' 1 4' - n ~. ii,* Z :.Ti / ; .:
AS 1'?; "
o ,�'.', • D ® ., ±,b IN Peon y epuol� v lllo� '" mm
VIIPIt
N
EXHIBIT B
. FIRE PANEL ROOM
Oe MOM mate
NCX111
T
1M-B' 1 ' --
113V P6
6VlTRWlTD1V
Ot _
liC
gn
M9t I
_i_lj 1 -I .444. "*.'...44, 21.-M .
4144,
1 _ _
EXISTING EQUIPMENT
14'-1 0 Security fence,possibly operated by card reader
—
lock.
-
1180(
IS 1 I. 8
BRFNIERPANEL 2
.2 EREAKEPt PANEL u ` BREAKER PANSI 42
-
if 11 1: a :1 I. II
Brea627Pae1 '
a NETWORK SENTRY 46 1%FlLTER2 m
39 ;I I: J9 %
% MME 33 2.4 3-3 %
1 GPS RECEIVER 36 0 0 0 26 Fem6en
% GPS RC{EMER1 831.9121 099121 26
33 22 MLLTCOUPLER z-1 a3 - 2•3 %
a :1 I: u 75 a O a O
70a 83 •
32 SAS2 2232
SAROSA,^a1 % •
ro n I: w . w
28 w PO'WERSuPPLY w
17 984.98118 111.8 A MLLTICOUPLEREAP 9
-.r. (016-81 26 SASS % ,
a a J C 26 48V BATTERY SHELF
w FAN 23 7AIT J
J w #SCROWAVE RADIOS 23
22 144:1111/010./ a NASNIV015/ MOASSSOCIATEDOC 22
S1 (011-21 21 1019-171 POWER SYSTEM i1
w % 20
19 BLANK PMEL I8 BLANK PANEL ti
1 POWERRUPPLY PA es
T%FLLTERI 10 48/BATTERY 50ELF3
er
16 POWER PA i6 1•a I-6 -76
16 SUPPLY7 i6 O O O to
1.1 POWER 1.1 6801873 6661518 14
I3 SUPPLYO PRO i3 1-1 1.3 1.3 11
12
M- SUPPLY6 PRO �, LMS Q a 0
12
912S �, 481/BATTERY Si.,ELF2
f0 POWER l6 14
9 SUPPLY PA4 9 9
el POWER 0 E
T SUPPLY PA3 T
e POWER
S Stip PA2 6 ID PA 1D s
POWER
PFLY1 PA1 PRO 481/0.63 1iY SHELF I
% 1 2
P25 SaMCASTRACK P2551A11ACASTRACK AVCROWAAE RACK RECTIFIER RAC(
IEIM:G,1 HEIGHT:851 POW:62.1.25* HEIGHT:83.875-
WIDM:282T WD,H:282T 141:1H:238r MIN:26.5'
."'"'"7-1
^l OEM:121 CORN:IBS DEP51.1n1
:2103- DEP :24s
10
City
• 5600 Condominium Association
EXHIBIT C
PROPOSED GENERATOR ROOM
1-ii I I
I4'-2' I
Il'-3" II I9-S' I
EXISTING
I RECENT YER
ep9ASEMENT LEVET.
EIEV.,4'-O'AGI.
/RECEIVING •
DOCK AREA I
I
I
I
"(..'?�;�,.��a'4/.�,,�, ;±`jµ�'a4.
EXIs TNG WALLS I 4/,',44 4/:/,'%J�
..:,
F I A9OVE,TYP. ;
—. —.—.--d.—.—.-----.---
,...:.
PROPOSED GENERATOR
�'� ROOM WALLS,TVP.
I J f
`9T IRS 7 _ _ PROPOSED y00 GAL.DIESEL7 _! 19-4 9-6' \ GENERATOR;CONTRACTOR TO
}
M;: VERIFY MODEL.SPECS.
/ ` ,7., DIMENSIONS A LOCK-OUT
LOCATIONS PRIOR TO
�( \ INSTALLATION.TVP.OF 3
_ FifLVA/HNiYLIA/1 ----_ I !L
I EXISTING I i/ I ,x
w„
GARAGE ROOM
I I PROPOSED .,
GENERATORS
iI----.—.—.———————.—.—.———— ——---.__--.. ROOM ..-5 -----_
—.—_—.—.—_-----. OPTIONO3 9.7
4.1
'+`...`v, }dry//%i!///i/%%//%4%%/�
Li- .r I
f I I
•
11
City
5600 Condominium Association
Resolutions-C7 E
MIAMI BEACH
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, ACCEPTING THE RECOMMENDATION OF
THE ADMINISTRATION AND APPROVING, IN SUBSTANTIAL FORM, A
NEW LEASE AGREEMENT BETWEEN THE CITY (TENANT) AND 5600
CONDOMINIUM ASSOCIATION, INC. (LANDLORD), FOR THE USE OF
INDOOR SPACE AND ROOFTOP AREAS, AT THE BUILDING LOCATED AT
5600 COLLINS AVENUE, IN CONNECTION WITH THE USE AND
OPERATION OF PUBLIC SAFETY COMMUNICATIONS EQUIPMENT, FOR
A TERM OF TEN (10) YEARS, WITH THE POSSIBILITY OF EXTENDING
FOR FOUR (4) ADDITIONAL FIVE (5) YEAR RENEWAL TERMS, FOR AN
ANNUAL RENT OF $25,000, WITH THREE PERCENT (3%) INCREASES
EACH YEAR THEREAFTER, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE THE FINAL NEGOTIATED LEASE AGREEMENT.
RECOMMENDATION
The Administration recommends the Mayor and City Commission authorize the final, negotiated
lease be executed.
BACKGROUND
For several decades, the City has used certain privately-owned condominium towers (e.g.
Council Towers, Parkview Point, Tower 41, Rebecca Towers) for the location and operation of
public safety communications equipment, which infrastructure is critical to the essential functions
of the City's law enforcement and public safety personnel.
In 2017, pursuant to RFP 2017-006-AK, the City contracted with Florida-based Harris
Corporation to replace the City's aging public safety radio system. In accordance with the
Hams Corporation contract for updating the public safety communications equipment and
related infrastructure at these private towers, the City is ensuring that lease agreements with the
private properties exist in order to protect our network infrastructure throughout the life span of
the new equipment.
To integrate and equip a location ("Facility") into the system network, the City requires (1) an
indoor or enclosed equipment room for radio communications equipment; (2) rooftop areas for
equipment and improvements such as transmitters, antennas, and microwaves dishes; (3)
Page 326 of 1091
flexible coaxial transmission lines between the rooftop space and the equipment room; and (4)
installation of or access to a permanent generator
ANALYSIS
The Hams Corporation has identified 5600 Collins Avenue as an ideal location for an additional
Facility, which is necessary to accommodate growth in the City's needs since the system was
first introduced in the 1980s.
In ongoing efforts to execute the Hams Corporation contract and update the communications
network, the Administration is negotiating an agreement with the new property, a draft of which
accompanies this Memorandum (Attachment A). The terms and conditions in the draft
agreement are similar to those contained within the executed lease for another Facility located
at 4101 Pine Tree Drive (a/k/a Tower 41), as approved by the City Commission in Resolution
No. 2018-30272.
The key terms of the agreement with 5600 Condominium Association Inc. are:
• EFFECTIVE DATE: Upon execution following Commission approval and final
negotiation.
• TERM: Ten (10)years, with four(4)additional five (5)year renewal terms.
• TERMINATION FOR CONVENIENCE: City has exclusive right to terminate upon 90
days notice.
• RENT: $25,000 annually, with annual increases of 3% per year beginning the second
contract year. (The total amount is approximately$286,596.98 over ten (10)years).
This property was specifically identified by the Harris Corp. and selected by the Fire
Departments Public Safety Communications Division for development of a new Facility.The
negotiated rental payment reflects the market rate value of rooftop space for commercial cellular
telephone operators at this desirable location along the Collins Avenue corridor.To that end, the
agreement contains adequate assurance for continuous operation of the City's public safety
communications equipment at the property, including unrestricted access by City personnel to
the leased premises, exclusive (access controlled) use of the equipment room storage area,
and installation of a private generator for backup power during an emergency event.
CONCLUSION
Execution of this lease agreement and installation of a Facility at the subject property is a
required component of the system-wide modernization of its public safety communications
network. Given the importance of ensuring the delivery of services which provide for the health,
safety, and welfare of the general public, the Administration recommends that the Mayor and
City Commission authorize execution of the negotiated lease, contingent upon review and
approval by the City Attorney.
Legislative Tracking
Economic Development
Page 327 of 1091
ATTACHMENTS:
Description
Attachment A- Draft Lease (substantial form)
Page 328 of 1091