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HomeMy WebLinkAbout2003-25416 Reso RESOLUTION NO. 2003-25416 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE BUSINESS TERMS OF A LEASE AGREEMENT WITH THE SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH, AS LESSOR, FOR THE LEASE OF THE ROOFTOP, LOCATED AT COUNCIL TOWERS NORTH, 1040 COLLINS AVENUE, MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF CONSTRUCTING A SOUTH END RADIOIANTENNA SITE TO HOUSE THE CITY'S PUBLIC SAFETY COMMUNICATIONS SYSTEM; SAID LEASE AGREEMENT, AT THE RATE OF TWELVE THOUSAND DOLLARS ($12,000.00) PER YEAR, FOR FY2003-FY2004; INCLUDING ANNUAL INCREASES OF 3% OR THE CPI-U, WHICHEVER IS LESS; WITH THE ENTIRE RENT TO BE WAIVED IF CONDITIONS OF THE USE AGREEMENT BETWEEN THE CITY AND SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH, AS APPROVED PURSUANT TO RESOLUTION NO.2003-25417 ARE IN FORCE; SAID LEASE HAVING AN INITIAL TERM OF TEN (10) YEARS, , WITH A TEN (10) YEAR RENEWABLE OPTION, AT THE END OF THE INITIAL TERM; SAID LEASE AGREEMENT SUBJECT TO PENDING FEDERAL COMMUNICATIONS COMMISSION (FCC) SITE APPROVAL; AND FURTHER AUTHORIZING THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO NEGOTIATE SAID LEASE AGREEMENT WITH SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. WHEREAS, the City requires a new south end radiolantenna site that is compatible with the requirements for the new public safety communication system; and WHEREAS, the only site which fits the City's requirements for such a radiolantenna site is the Council Towers North, located at 1040 Collins Avenue, Miami Beach, FL;and WHEREAS, the radiolantenna site will require the lease of the rooftop of the Council Towers North for the purpose of constructing a south end radiolantenna site to house the City's public safety communication system; and WHEREAS, the City is negotiating a Lease Agreement with the Senior Citizens Housing Development Corporation of Miami Beach, as the owner of Council Towers North, and have reached agreement on the substantive business terms as follows: a Lease Agreement for the rooftop, at the rate of $12,000.000 per year for FY 2003-2004, including annual increases of 3% or based on the Consumer Price Index, all urban consumers (CPI-U), whichever is less; with the entire rent to be waived if conditions of the Use Agreement between the City and Senior Citizens Housing Development Corporation of Miami Beach, as approved pursuant to Resolution No2003-25417, said lease having an initial term of ten (10) years, with a ten (10) year renewable option at the end of the initial term; said Lease Agreement further subject to pending Federal Communications Commission (FCC) site approval; and WHEREAS, parking fees for users of the Council Towers properties that were approved by the Mayor and City Commission, via Resolution No. 2000-24129, adopted on October 18, 2000, which were never instituted and have been held in abeyance since that time, are proposed to continue to be held in abeyance during the term of this Lease, however, in the event of an early termination, or at the end of the current Lease term, or if the Lease Agreement is not consummated, said increase in parking fees will be immediately implemented; and WHEREAS, the aforementioned Lease terms and conditions are subject to the City: supplying an engineering study to confirm that the roof can support the proposed equipment; obtaining and providing appropriate liability insurance; securing all necessary approvals from the Federal Communications Commission (FCC); and assuming all costs for electricity and maintenance of its equipment/facilities. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, approve the business terms of a Lease Agreement with the Senior Citizens Housing Development Corporation of Miami Beach, as Lessor, for the lease of the rooftop, located at 1040 Avenue, Miami Beach, Florida, for the purpose of constructing a south end radiolantenna site to house the City's public safety communications system; said Lease Agreement, at the rate of $12,000.00 per year, for FY2003-2004; including annual increases of 3% or the CPI-U, whichever is less; with the entire rent to be waived if conditions of the Use Agreement between the City and Senior Citizens Housing Development Corporation of Miami Beach, as approved pursuant to Resolution No.2003-25417are in force; said Lease having an initial term of ten (10) years, with a ten (10) year renewable option, at the end of the initial term; said Lease Agreement subject to pending Federal Communications Commission (FCC) site approval; and further authorize the Administration and the City Attorney's Office to negotiate said Lease Agreement, substantially in accordance with the business terms outlined above, with the Senior Citizens Housing Development Corporation of Miami Beach and authorize the Mayor and City Clerk to execute said Lease e ent. PASSED and ADOPTED this~day of November, 2003. ~0i f (M,~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION T:\AGENDA\2003\nov2503\regularlCounciITowers.Lease.RES.doc ~_'''~ CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: A Resolution approving the business terms of a Lease agreement with the Senior Citizens Housing Development Corporation of Miami Beach for the Lease of the rooftop, located at Council Towers North, 1040 Collins Avenue, for the purpose of constructing a south end radio/antenna site to house the City's public safety communications system; at the rate of twelve thousand dollars ($12,000.00) per year, for FY2003-FY2004; including annual increases of 3% or the CPI-U, whichever is less; with the entire rent to be waived if conditions of the use agreement between the City and Senior Citizens Housing Development Corporation of Miami Beach, as approved pursuant to Resolution No, are in force; said lease having an initial term often (10) years, with a ten (10) year renewable option, at the end of the initial term; said Lease Agreement subject to pending Federal Communications Commission (FCC) site approvpl; and further authorizing the Administration and the City Attomey's Office to negotiate said Lease Agreement with Senior Citizens Housing Development Corporation of Miami Beach and authorizing the Mayor and City Clerk to execute same. 2003-25417 A Resolution approving the business terms of a Use Agreement with the Senior Citizens Housing Development Corporation of Miami Beach for the use of portions of the City-owned parking lots located at 540 Collins Avenue (beneath Council Towers South) and 1040 Collins Avenue (beneath Council Towers North), to allow for the installation of a security gate and fence and provide landscaping and maintenance related to same, and insurance and indemnity covering the use area; said use agreement for an initial term of ten (10) years, with a ten (10) year renewable option; and further authorizing the Administration and the City Attorney's Office to finalize said Use Agreement with the Senior Citizens Housing Development Corooration of Miami Beach, and authorizina the Mavor and Citv Clerk to execute same. Issue: Whether a Lease Agreement should be approved with the Senior Citizens Development Corporation of Miami Beach for a new south end radio/antenna site and whether a Use Agreement should be executed between the Senior Citizens Development Corporation of Miami Beach and the City for use of the existing parking area and providing for landscaping and fencing to be erected at the Senior Citizens Development Corooration sole cost and exoense. Item Summary/Recommendation: The Council Towers North site is the only viable one in the south end which fits the requirements for a City radio site. Advisory Board Recommendation: IN/A Financial Information: Source of Funds: I I Finance Dept. 550.1750.000323 - Building and Equipment Rent Account, FY2003- 2004 L ASsistant tity Manager T\AGENDA\2003\nov2503\regular\CouncilTowers,SUM.doc AGENDA ITEM DATE C7X IhJS-03 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 WWN.miamibeachfl.gov To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: November 25, 2003 Members of the City Commission ~ Jorge M. Gonzalez ~~rx City Manager , U . A RESOLUTION F THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE BUSINESS TERMS OF A LEASE AGREEMENT WITH THE SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH, AS LESSOR, FOR THE LEASE OF THE ROOFTOP, LOCATED AT COUNCIL TOWERS NORTH, 1040 COLLINS AVENUE, MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF CONSTRUCTING A SOUTH END RADIO/ANTENNA SITE TO HOUSE THE CITY'S PUBLIC SAFETY COMMUNICATIONS SYSTEM; SAID LEASE AGREEMENT, AT THE RATE OF TWELVE THOUSAND DOLLARS ($12,000.00) PER YEAR, FOR FY2003-FY2004; INCLUDING ANNUAL INCREASES OF 3% OR THE CPI-U, WHICHEVER IS LESS; WITH THE ENTIRE RENT TO BE WAIVED IF CONDITIONS OF THE USE AGREEMENT BETWEEN THE CITY AND SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH, AS APPROVED PURSUANT TO RESOLUTION NO.2003-25417ARE IN FORCE; SAID LEASE HAVING AN INITIAL TERM OF TEN (10) YEARS" WITH A TEN (10) YEAR RENEWABLE OPTION, AT THE END OF THE INITIAL TERM; SAID LEASE AGREEMENT SUBJECT TO PENDING FEDERAL COMMUNICATIONS COMMISSION (FCC) SITE APPROVAL; AND FURTHER AUTHORIZING THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO NEGOTIATE SAID LEASE AGREEMENT WITH SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE BUSINESS TERMS OF A USE AGREEMENT WITH THE SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH FOR THE USE OF PORTIONS OF THE CITY-OWNED PARKING LOTS LOCATED AT 540 COLLINS AVENUE (BENEATH COUNCIL TOWERS SOUTH) AND 1040 COLLINS AVENUE (BENEATH COUNCIL TOWERS NORTH), MIAMI BEACH, FLORIDA, TO ALLOW FOR THE INSTALLATION OF A SECURITY GATE AND FENCE AND PROVIDE LANDSCAPING AND MAINTENANCE RELATED TO SAME, AND INSURANCE AND INDEMNITY COVERING THE USE AREA; SAID USE AGREEMENT FOR AN INITIAL Commission Memorandum RE: Council Towers North Antenna Lease Page 2 TERM OF TEN (10) YEARS, WITH A TEN (10) YEAR RENEWABLE OPTION; AND FURTHER AUTHORIZING THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO FINALIZE SAID USE AGREEMENT WITH THE SENIOR CITIZENS HOUSING DEVELOPMENT CORPORATION OF MIAMI BEACH, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAME. ADMINISTRATION RECOMMENDATION Adopt the Resolution. BID AMOUNT AND FUNDING $12,000.00 Funding is available from the Building and Equipment Rent Account for Information Technology (Budget Account 550.1750.000323), FY2003-2004, to be waived if conditions of the Use Agreement are met. ANALYSIS The City Commission passed a resolution on April 30, 2003, which authorized the Administration to execute a Communications System Agreement with Motorola, Inc. (Motorola), to replace the existing City of Miami Beach 800 MHz Analog Radio System by purchasing a new 800 MHz Trunked Digital Simulcast Public Safety Radio System. The City's radio system consultant, RCC Consultants, Inc. (RCC), as part of the preparation for executing the agreement, had recommended the construction of a tower in the south end of Miami Beach to provide adequate radio coverage. However, after much discussion and analysis of the subject, the Administration determined that it would be of greater benefit to the citizens' quality of life to prohibit any further construction of radio towers in the City. Therefore, RCC, along with the City, began looking for an appropriate site in the south end of Miami Beach that would accommodate rooftop placement of radio equipment and radio antennas. The City and RCC, considered the following buildings at the south end of the city: Continuum, Flamingo, Murano at Portofino, Old City Hall, Setai, and Waverly. It was determined that for height, location, and shelter space, the Council Towers North site, located at 1040 Collins Avenue, was the only suitable site that met the required criteria in the south end of the City. This transmit/receive and microwave location will replace an existing transmit/receive and microwave site located at Fire Station 11,2300 Pine Tree Drive, which has been owned by the City of Miami Beach since 1987. In order to create a new Public Safety Radio Site, the City requires a reinforced structure to be constructed on the rooftop of the Council Towers North site. This site will accommodate Commission Memorandum RE: Council Towers North Antenna Lease Page 3 an equipment room of approximately 250-300 sq. ft. by 13 feet high and three (3) 10 foot antennas that will be installed on the roof of the structure. In addition, to provide backup power at this site, the City will locate a generator which has between 60-85 KV A at the 1040 structure. Motorola, will be responsible for all work associated with the construction and installation of the equipment room and antennas as well as any and all costs relating to the permitting, construction, and installation of related equipment such as the generator. The Senior Citizens Housing Development Corporation of Miami Beach (SCHDC), the entity that leases from the City both Council Towers North and South sites (the North at 1040 Collins Avenue and the South at 540 Collins Avenue), and the City Administration have been discussing the lease of the roof-top at the Council Towers North site, as well as certain issues raised by SCHDC related to their request to install a security gate and fence around portions of the Council Towers North and Council Towers South locations, and the daily maintenance of the parking lots and surrounding areas. After negotiations between SCHDC and the Administration, agreement was reached on the substantive terms and conditions, as follows: LEASE AGREEMENT A lease agreement for the City's use of the roof-top at Council Towers North (1040 Collins Avenue) would include: . an initial term of ten (10) years . a rental rate of $12,000 per year, payable in monthly increments of $1,000, which will be waived if conditions of Use Agreement, described below, are met . annual rate increases of 3% or based on the Consumer Price Index, all urban consumers (CPI-U). whichever is less . an option for an additional ten (10) year extension after the initial term . parking fees for users of the Council Towers properties that were approved by the Mayor and City Commission, via Resolution No. 2000-24129, adopted on October 18, 2000, which were never instituted and have been held in abeyance since that time, are proposed to continue to be held in abeyance during the term of this lease. However, in the event of an early termination, or at the end of the current lease term, or if the lease agreement is not consummated, said increase in parking fees will be immediately implemented . the aforementioned terms and conditions were subject to the City: o Supplying an engineering study to confirm that the roof can support the proposed equipment o Obtaining and providing appropriate liability insurance o Securing all necessary approvals from the Federal Communications Commission (FCC) o Assuming all costs for electricity and maintenance of its equipment/facilities Commission Memorandum RE: Council Towers North Antenna Lease Page 4 USE AGREEMENT The Use Agreement would further provide Council Towers North and South, respectively, with the following: . access from alley andlor Collins Avenue, (subject to Public Works andlor FDOT approval of plans) . the continued use of nineteen (19) parking spaces in the municipal lot below the air- rights at the 540 site and of eighteen (18) parking spaces in the municipal lot below the air-rights at the 1040 site a reduced rate. . the right to install a gate and fence: o Council Towers requested a seven foot (7'-0") high fence. City Code provides for a maximum height of five (5'-0") feet at the property line, but also provides that for every two feet (2'-0") that fence is set back from property line, the height may be increased by one foot (1'-0"), to a maximum of seven feet (7'-0") in height o Fencing material to be metal picket o Landscaping, and maintenance of same, to buffer fence to be provided by Council Towers o Insurance and indemnity clauses covering the use area. . the Use Agreements would require Council Towers to: o landscape and maintain grassy area adjacent to their property located at 540 Collins Avenue o Submit for the City's review accesslfencingllandscape site plan for both 540 and 1040 locations. The City currently provides and will continue to provide sanitation services and (itter control (once a day, 7 days a week) to the parking lots and surrounding areas through Best Maintenance and sidewalk cleaning on a 15 day cycle. The City also pressure cleans the parking lots beneath both Council Towers sites, and would also resurface and re-stripe the respective parking lots. The Lease Agreement will afford the stability necessary for the long term use of the City's radio site that is required by the Federal Communications Commission (FCC) for public safety communications, and the Use Agreement will allow for the improvement and enhancement of the respective parking lots and surrounding area, while providing for a more secure environment for the residents of Council Towers North and South. CONCLUSION The Mayor and City Commission should adopt the Resolution, approving the respective Lease Agreement with the Senior Citizens Housing Development Corporation of Miami Beach at the rate of $12,000.00 per year (which will be waived if the conditions of the User Agreement are met), for FY2003-2004, renewable annually for a period of ten years (10) years, including annual increases of 3% or the CPI-U, whichever is less, with a ten (10) year Commission Memorandum RE: Council Towers North Antenna Lease Page 5 option, at the end of the initial term, pending FCC site approval, for the lease of the rooftop, located at Council Towers North, 1040 Collins Avenue, Miami Beach, Florida, for the purpose of constructing a south end radiolantenna site to house the City's Public Safety Communications System, and approving a Use Agreement for the improvement of the 540 Collins Avenue and 1040 Collins Avenue parking lots and surrounding areas, and further authorizing the Administration and the City Attorney's Office to negotiate said lease agreement and use agreement, substantially in accordance with the terms and conditions outlined above, with Senior Citizens Housing Development Corporation of Miami Beach and authorizing the Mayor and City Clerk to execute said agreements. 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