Resolution 94-21035 RESOLUTION NO. `99-21035
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A BELLSOUTH MOBILITY, INC. LEASE FOR SPACE
TO MAINTAIN AND OPERATE A MINI CELLULAR SITE AT OLD CITY
HALL.
WHEREAS, the City of Miami Beach has been experiencing poor cellular
quality in the South Beach area for all BellSouth Mobility, Inc. cellular phone users
• and, in particular, City employees located in the Police Department Facility; and
WHEREAS, BellSouth Mobility, Inc. has surveyed the poor coverage area
and determined that a Mini Cellular Site is required to upgrade cellular reception
quality; and
WHEREAS, BellSouth Mobility, Inc. has proposed to lease, maintain and
operate a Mini Cellular Site at the Old City Hall, 1100 Washington Avenue, 9th Floor,
City Radio Site, for an agreed upon $6,200.00 per year plus applicable sales tax the
first year plus a 5% increase for each subsequent year for a total of three years with
option to renew for an additional three year term, such lease Agreement attached
hereto as "Exhibit A"; and
WHEREAS, the City can cancel the Agreement upon written notification
to BellSouth Mobility, Inc.; and
WHEREAS, the BellSouth Mobility, Inc. Agreement is to take effect
retroactive to January 1, 1994; and
WHEREAS, the City of Miami Beach Computers and Communications
Division found, determined and declared that the BellSouth Mobility, Inc. Agreement
is necessary to provide improved cellular quality on Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT THE MAYOR AND •
CITY CLERK EXECUTE THE BELLSOUTH MOBILITY, INC. AGREEMENT ATTACHED
HERETO AS "EXHIBIT A".
PASSED AND ADOPTED THIS 2nd DAY OF February , 1994.
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MAYOR
ATTEST:
FORM APPROVED
-I LEGAL DEPT.
CLERK
BY
Date /- t t;-.q, `�
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO.
• TO: ' Mayor Seymour Gelber and DATE: February 2, 1994
Members of the City Commission
FROM: Roger M. Carl
City Manager
SUBJECT: AGREEMENT BETWEEN THE CITY AND BELLSOUTH MOBILITY, INC. FOR SPACE TO
MAINTAIN AND OPERATE A MINI CELLULAR SITE AT OLD CITY HALL, 1130
WASHINGTON AVENUE, 9TH FLOOR, CITY RADIO SITE, MIAMI BEACH, FL 33139.
ADMINISTRATION RECOMMENDATION:
It is recommended that the Mayor and City Clerk be authorized to sign a contractual agreement with
BellSouth Mobility, Inc. to maintain and operate a Mini Cellular Site at Old City Hall.
BACKGROUND:
The City of Miami Beach was contacted by BellSouth Mobility, Inc. when it was determined that poor
cellular quality was being experienced in South Beach by all BellSouth Mobility, .Inc. cellular phone
users and, in particular, City employees located in the Police Department Facility. The poor coverage
service area was surveyed by BellSouth Mobility, Inc. and it was recommended that a Mini Cellular Site
be installed in the vicinity of Old City Hall in order to improve service. The compact communications
facility will consist of an equipment cabinet, radio equipment, three (3) small stick antennas and coaxial
"transmission lines.
An agreement was reached between City of Miami Beach and BellSouth Mobility, Inc. to use the 9th
Floor City Radio Site at Old City Hall to house a Mini Cellular Site. In return, BellSouth Mobility, Inc.
has agreed to pay the City of Miami Beach an annual fee of $6,200.00 plus applicable sales tax the
first year plus 5% increase for each subsequent year for a total of three years. The City has the option
to renew the agreement under the same terms for an additional three years. The City can terminate
this agreement by providing written request for such to BellSouth Mobility, Inc.
CONCLUSION:
The authorization to proceed with the agreement is necessary so that BellSouth Mobility, Inc. can begin
construction of the site as soon as the agreement has been approved in order to improve service to
its customers.
RMC/ar
Attachment
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AGENDA e
ITEM , 1
DATE cD--D C�
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L ) ° It 1l
(1- `a- 4y)
PROVISION OF SPACE AGREEMENT
(MICROCELL)
This Provision Of Space Agreement entered into this day of
, 1994 , by and between the City of Miami Beach,
(hereinafter referred to as "CITY" ) and BELLSOUTH MOBILITY INC,
(hereinafter referred to as "TENANT") .
CITY is the owner of a certain parcel of property located at
11 KashinQton Avenue. 9th Floor, Radio Room Miami Beach, Dade
County, Florida, (the "Property") , together with the improvements
thereon including a multi-story office building (the "Building" ) ,
TENANT desires to use a portion of the Building, subject to the
terms and conditions set forth lelow. In covenant:a containedthe ein, the
ion of the
foregoing premises, and themutual
parties agree as follows:
1 . The_Subject premises : CITY will lease to TENANT space on
and within the Building (the "subject premises") to the extent
necessary to enable TENANT to maintain and operate a compacta
communications facility which shall consist of an equip
nt
cabinet, radio equipment, certain antenna(s) , and coaxial
transmission lines, as described and depicted on the attached
Exhibit "A" , and incorporated herein by reference, to be utilized
as a part of its cellulara communications system, at an d related cables satisfactory toeTENANT
and with such equipmenthe cabinet
to permit the proper operation
atdim nsionsg t48 cinches Tin width byh108
not exceed the following
inches in length by 72 inches in height .
ect
Antenna(s) Location : The exact
to avoid interferencee with any
antennas shall be determined to
of CITY' s, equipment, cables, lines, antennas and/or any other
property that may be located on the Building and/or the subject
premises. CITY grants to TENANT permission to attach necessary
transmission lines, cables, fixtures, and other ssciated
d
equipment to make said antennas operational . TENANT willo
all mounting hardware necessary for its installation. CITY agrees
to cooperate with TENANT and use are not its
ob best efforts so that TENANT' S
operations
equipment and
ed.
CITY hereby grants TENANT the nonexclusive right for ingress
and egress to the parking areas and the subject premises seven (7)
normal
days a week, twenty four (24) hours a day, including during
business hours, for the installation, maintenance, and operation of
this communications facility, all at TENANT' S expense .
2 . /erm: This Provision Of Space Agreement shall
commence upon the installation of Tenant' s equipment,
n ten which1 date
date
shall be provided to CITY in writing
proceeding the start of construction and which written notice shall
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AGENDA R _ 3 'C-
ITEM
DATE a-D - r q
Lu
automatically become a part of this Agreement . This Provision Of
Space Agreement shall be for an initial period of three (3) years,
subject to the terms and conditions set forth in this Agreement .
TENANT shall have the option to extend this Agreement for two (2)
additional three (3) year terms, and such extensions shall auto-
matically occur unless TENANT provides CITY written notice of its
intention not extend his the Provision
end of the then currentent termt least
thirty (30) days prior to
3 . ggntal Scheme= TENANT shall pay an annual rent of
ixty two
u. ndrors And 00/100 Dokl r ($6► 200 .00) , plus applicable
s _.
sales tax. The rent shall be paid to CITY or to such other person,
firm or place as CITY may from time to time designate in writing at
least thirty (30) days in advance of any rental payment date . The
rent shall be due and payable on the Commencement Date and on the
same date each year thereafter unless modified in accordance with
thisAgreement . The
annual
shall be rental the for
amounteach
of the extension
prior t rm' s
provided
ided inparagraph
rent plus five percent (5%) .
4 . permit Approvals: TENANT is responsible for obtaining
all necessary Federal, State and local governmental approvals.
5 . r : TENANT, at its sole cost and expense.
shall submit to CITY for CITY' s written approval a set of plans and
specifications (the "Plans") showing the location, size, type and
other specifications of the communication facility. CITY shall
have thirty (30) days from receipt of the Plans to
epprovc review said Plans or TENANT' S Plans ll automatically be
deemed acceptable to CITY and thereby approved.
6 . glectrt i ; CITY shall furnish the subject
premises with electrical service . TENANT
shall furnish, to its
of ate communications
facility, electric service for. the operation
equipment .
TENANT shall provide
'tiP trical i ns bOO)SUPS _ CITY shall provide and nay for
111ctr city.
7 . Completion of_jri: Whenever TENANT is required to
perform any approved work upon the subject premises, TENANT shall
promptly commence the work and, once commenced, diligently and
T' S
entinuaory pandureasOnable ca work re to direct
causethe
the work utilizing
completed
best efforts and
in an expeditious fashion.
TENANT agrees that all finish work and any construction
expenses related to the installation of TENANT' S equipment will be
at TENANT' s expense. Said work is to be performed in a workmanlike
manner and done mi ted on the that no chanics' ,Pr perty. laborers'
Upon termination oflthis
liens will be per
2 0
0 Lf
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provision Of Space Agreement, TENANT shall remove all of its
equipment and repair any damage done by said removal, normal wear
and tear excepted..
8 . m nt of fiat s and Expenses . TENANT shall provide and
pay for all labor, materials, goods and supplies, equipment,
appliances, tools, construction equipment and machinery and other
facilities and services necessary for the proper execution ue andd
completion of the work. TENANT shall promptly pay
y
costs and expenses incurred in connection with the work. TENANTd by
shall pay all sales, consumer, use and similar taxes required
allby
law in connection n with
licenses work, and necessarys fort secure and the performance of the
permits,
work.
9 . Repairs. If the Building is destroyed or damaged to such
an extent that in CITY' s sole judgement repair would be an
imprudent business decision, CITY may elect not to repair or
rebuild the Building and in such event, may terminate this
Provision heOf Spacent thatr hasnt beennd paid iinurse TENANT the pro-rata
advance of any unexpired
share of the
term hereunder.
10 . Die. TENANT shall use the subject premises for the
purpose of placing, maintaining and operating a Mobile
Communications Facility and uses incidental thereto. All
improvements shall be at TENANT' S expense .
It is understood and
agreed that TENANT'S ability to use the subject premises is
contingent upon its obtaining after the execution date of this
provision of space agreement, all of the certificates, permits and
other approvals that may be required by any federal, state, or
local authorities . CITY shall cooperate with TENANT in its effort
to obtain such approvals and shall take no action which would
adversely affect the status of or the use thereof by TENANT.
In the event that any of such applications should be finally
rejected or radio frequency tests are found to be unsatisfactory or
any certificate, permit, license or approval issued to TENANT is
canceled, expires, lapses, one otherwise withdrawn or terminated
by governmental authority so that TENANT in its sole discretion
will be unable to use the subject premises for its intended
purposes, TENANT shall have the right to terminate this Agreement .
Notice of TENANT' S exercise of its right to terminate shall be
given to CITY in writing by certified mail, return receipt
requested, and shall be effective upon receipt. All rentals paid
to said termination date shall be retained by CITY. Upon such
termination, this Agreement shall become null and void and all
the
parties shall have no further obligations., including the payment
f
money, to each other .
11 . Snterference: In the event interference l and diligently
TENANT will exercise its best efforts to promptly Y
n a
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El Di] U If
resolve such problems immediately after notice by CITY.
12 . IadaMnifigffitton and Hold NaxmLess s TENANT, to the
extent permitted by law, agrees to indemnify,all amdefend
ages, liabilhold
harmless the CITY, from and against any and
loss and claims for injuries to or death of persons and for
damages , liability, loss and claims to the subject premises,
appurtenances or approaches thereto, arising out of or in
connection with TENANT' S use or occupancy of the subject premises .
13 . - inatiQr : Upon termination of this Prevision Of Space.
Agreement, TENANT shall, within a reasonable amount of time, remove
its personal property and fixtures from the subject premises
imises
restoring the premises to its original condition ordinary
r and
tear excepted. If such time for removal causes Tenant to remain
after termination of this Provision Of Space Agreement, TENANT
shall pay rent on the existing monthly pro-rata a d isi Lures until such
time as the removal of the personal property
completed.
14 . Defaul,: Should TENANT fail to pay any amounts due CITY
hereunder or fail to cure any breach of any other provision of this
Provision Of Space Agreement after thirty (30) days written notice
and demand, CITY may terminate this Agreement and require TENANT to
remove or cause to be removed all of the TENANT' S equipment .
15 . """i ^nm Sale or Transfer: This provision of space
agreement may not be sold, assigned or transferred at any time
except . to TENANT' S principal, affiliates or subsidiaries of its
principal or to any company upon which TENANT is merged or
consolidated. As to other parties, this Provision Of Space
Agreement may not be sold, assigned or transferred without the
written consent of the CITY, such consent not to be unreasonable
withheld. TENANT may sublease the subject premises upon notice to
CITY.
16 . Notices: All notices hereunder must be in writing and
shall be deemed valid, if sent by certified mail, return receipt
requested, addressed as follows, or sent to any other address that
the party to be notified may have designated to the sender by like
notice : CITY: City of Miami Beach
Computers & Communications Division
Attn: Director
1100 Washington Avenue
Miami Beach, FL 33139.
TENANT: BellSouth
obility Inc
Creek Road
500 Cypress
Suite 700
Ft . Lauderdale, FL 33309
ATTN: Manager Real Estate
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£Tiili1tA\ fl
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17 . A o n y Feea—and Costa ' In connection with any
enforcement action or litigation arising out of this Provision of
Space Agreement, the prevailing party, whether CITY or TENANT shall
be entitled to recover all costs incurred including attorney' s fees
and legal assistant
fees appellate services proceedingsered and in
postjudgment
therewith, including
proceedings .
18 . .Miscellneoust a) Should the CITY, at any time during
the term of this Provision of space agreement, decide to sell,
assign, or transfer its interest in the property, such transfer
shall be under and subject to this Provision Of Space Agreement and
TENANT' S rights hereunder.
b) CITY covenants that TENANT, on paying the rent and
performing the covenant shall peaceable and quietly have, hold and
enjoy the subject premises.
c) CITY covenants that CITY is seized of good and sufficient
title and eandte in the xecute thisect Agreementes and has full authority
to enter into
d) This Provision of Space Agreement represents the final
agreement of the parties and no agreements or representations,
unless incorporated into this Provision Of Space Agreement, shall
be binding on any o the
itparties .
becomes fully executed by Agreement
partieashall
be the day upon which
d to and bind the heirs,
e) This representatives, successoreement shall s and personal rep and assigns of the parties
hereto.
f) This Provision of Space deement and the performance
co construed and regulated by
thereof shall be governed, interp et
the laws of the State of Florida.
al IgEBNT will furnish CITY wi .primmpl v e
an
liability iriaurance and _Workers
�cument n and through the ter�4f th s
Provision Of Space Agreement
19 . r i mi tAt- on of City' a Liability 1 The CITY desires to
enter _ _ _ , . �.i r fQ anv cause of.
the CITY n "� a iR1' �'*' ne i T s ® 11G1.. L CITY
As
S� Ue to an allege .reach by the CIT of
on fo that its lial_111.VY for Y
Ten Thousand and 00 100
su h breach never exceeds the sum
Dallars (Si '
oovery f a d
Yo jDe limited - i r
po lars (11„Q00
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5 Iliy0
0 rf
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• . Uil 1.2 Lk\ 1. -if
. .
term h v
eminent. IgNANT
hereby jgrees th n b 1 r
damages i im f h c
nc m
out of the perfor no vie h
uoon the_ aITY by „ph or a sewh in th vision o!_Space
contLined i 18. t
hgregnt is j any wa�ntended ta_be a wa
iOn
placed uo a rt n Florida Statutaa•
section 768 . 28 .
2.Q.J. pny con Yove sv or claim fnr money damages arising out of
01141 Provision of SPAe Agreement, or „las preach
her .O. sbal� be h i n
Commercial Airati
hssociat drbi r award sha1 final and. bi
}poll the parties n a
with_the Question of the costs ofSrbitra
roomed thp'rAto, I^ r5,ar regard. the parties shall mut
one arbitr the nnot agree upon the
arbitrator, the e i c ion shall =loit
one. auagment upon the away re
gpurt having j ' - ^r arnl i mat on ma be mac Lotha comet
urt
fora rder r_.enfotalne A v controversy.
as contrOVers •r_glainUPr money damages _arising out oL or relating
i , of �pece Agreementor t breach
to t r c]a.m rel,Ling
in�udinq_snY Gont iaation and now
eviction Qr a ectm
arbitration, '
IN WITNESS WHEREOF,
respective seals the day nd the parties hereto eyear first above
set their hands
and affixed their
written.
CITY
Signed, sealed and delivered CITY OF MIAMI BEACH
in the presence of :
$Y= .4g-tir5-11---------
Print Name -
i
Print Name
6
W0
. •
� t ait: rif
STATE OF FLORIDA :
COUNTY OF DADS :
T HEREBY CERTIFY that on` this _ day of •
, 199the
before me personally appeared
of CITY OF, MIAMI BEACK, who is as identificationn to me or Who has
and who did take an
produced
oath.
WITNESS my hand and official seal this day of
199_.
• NOTARY PUBLIC
My commission Expires: Print Name :
TENANT
Signed, sealed and delivered •
in the presence of : BELLSOUTH MOBILITY INC
I By: j, �_ _
L
Witness Title:
Print Name: Address :
Executed on day of
Witness 1994 .
Print Name :
STATE OF FLORIDA :
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this day
of _,.__, 1994, by as
BELLSOUTH MOBILITY INC, a Georgia corporation, who is personally
known to me or who has produced — —
as
identification and who did (did not) take an oath.
NOTARY PUBLIC
My Commission Expires : Print Name:•
5428MIAB.MIC
rev.1/31/94 •
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REGULAR AGENDA - FEBRUARY 2, 1994 •
R-3. TIME CERTAIN ITEMS (CONTINUED)
3:00 P.M. PUBEr1QHEARNG TIME CERTAIN
B. COMMISSION MEMORANDUM NO. 67-94
REQUEST FOR THE CITY COMMISSION TO GRANT AN APPEAL FROM THE CITY MANAGER TO OVERTURN
A DESIGN REVIEW BOARD DECISION GRANTING DESIGN APPROVAL FOR CONSTRUCTION OF A 14-STORY
CONDOMINIUM TOWER AT 828 THIRD STREET IN THE SOUTH POINTE REDEVELOPMENT AREA.
1. LETTER FROM MILLEDGE IDEN & HELD, DATED JANUARY 28, 1994.
2. DESIGN REVIEW BOARD'S DECEMBER 14, 1993, ORDER ON 225 JEFFERSON CORPORATION'S
APPLICATION.
3. NOTICE OF APPEAL, DATED JANUARY 3, 1994.
4. STAFF MEMORANDUM TO BOARD, DATED DECEMBER 14, 1993.
5. LETTER/PETITION FROM AREA RESIDENTS, DATED JANUARY 3, 1994.
6. TRANSCRIPT OF DESIGN REVIEW BOARD DECEMBER 14, 1993, MEETING (INCLUDING PAGES 76-86
SUBMITTED WITH SECOND ADDENDUM) .
7. DESIGN REVIEW PROCEDURES AND PERFORMANCE STANDARD DISTRICT REGULATIONS.
8. NOTICE OF PUBLIC HEARING.
ADMINISTRATION RECOMMENDATION: THAT THE CITY COMMISSION DEFER A DECISION ON THIS
APPEAL UNTIL THE TRANSCRIPTS FROM ALL PERTINENT BOARD HEARINGS ARE AVAILABLE.
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(DEVELOPMENT, DESIGN & HISTORIC PRESERVATION)
(SCHEDULED ON 1/19/94)
ACTION: The City Manager advised that this item should have been listed as a Time
Certain (not public hearing) .
Administration's recommendation approved (action deferred to 2/16/94, at 4:00 p.m.) .
(No vote taken; Vice-Mayor Eisenberg away from table;
Commissioner Gottlieb absent.)
4:00 P.M. PUBLIC HEARING
C. COMMISSION MEMORANDUM NO. 68-94
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A BELLSOUTH MOBILITY, INC. , LEASE FOR
SPACE TO MAINTAIN AND OPERATE A MINI-CELLULAR SITE AT OLD CITY HALL. (HISTORIC CITY
HALL)
1. DRAFT AGREEMENT.
2. NOTICE OF PUBLIC HEARING.
ADMINISTRATION RECOMMENDATION: THAT THE MAYOR AND CITY COMMISSION ADOPT THE
RESOLUTION, AUTHORIZING THE 3-YEAR LEASE (CITY OPTION TO RENEW FOR ADDITIONAL 3-YEAR
TERM) FOR SPACE ON THE 9TH FLOOR AT $6,200 (PLUS SALES TAX) FIRST-YEAR FEE, PLUS 596
INCREASE EACH SUBSEQUENT YEAR, RETROACTIVE TO JANUARY 1, 1994.
(COMPUTERS & COMMUNICATIONS DIVISION)
(SCHEDULED ON 1/5/94)
ACTION: Hearing held and concluded. Communication Supervisor Joe London explained the
proposed equipment installation.
Commission waived competitive bidding process and independent appraisal for fair market
value of the leased space. (Vote: 6-0; Commissioner Gottlieb absent. )
The City Attorney requested authority to insert an arbitration clause (BellSouth
soliciting its home office's approval of the clause; agreed to a limitation of
liability clause) . Commissioner Pearlson suggested the agreement include provision
that BellSouth Mobility would (per industry standard) inspect the equipment as to
radiation and other safety issues related to employees' health.
Resolution No. 94-21035 adopted, authorizing agreement as amended. (Vote: 6-0;
Commissioner Gottlieb absent.)
ACTION SUMMARY FEBRUARY 2, 1994 -5-