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HomeMy WebLinkAbout2006-26098 Reso RESOLUTION NO. 2006-26098 __ 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 COMMUNICATIONS SITE LEASE AGREEMENT WITH NEXTEL SOUTH CORPORATION ("NEXTEL"), IN THE AMOUNT OF THREE MONTH, FOR APPROXIMATELY TWO THOUSAND DOLLARS ($3,000) PER THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF SPACE ON THE ROOF OF THE BUILDING, LOCATED AT 1550 COLLINS AVENUE, MIAMI BEACH, FOR THE LIMITED PURPOSE OF NEXTEL MAKING APPROPRIATE ENGINEERING AND BOUNDARY SURVEYS, INSPECTIONS, AND OTHER REASONABLY NECESSARY INVESTIGATIONS AND SIGNAL, TOPOGRAPHICAL, GEOTECHNICAL, STRUCTURAL AND ENVIRONMENTAL TESTS AND CABLE TRAY, CONDUIT AND RISER SPACE, AND ALL OTHER ACCESS AND UTILITY EASEMENTS NECESSARY OR DESIRABLE; SAID LEASE HAVING AN INITIAL TERM OF EIGHTEEN (18) MONTHS FOLLOWING THE EFFECTIVE DATE, WITH A RENEWAL TERM FOR ONE (1) SUCCESSIVE FOUR (4) YEAR PERIOD. WHEREAS, the purpose of the Communications Site Licensing Agreement is to allow Nextel to make appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Nextel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises; and WHEREAS, the City will lease to Nextel approximately Two Thousand Five Hundred (2,500) square feet of space on the roof of the building located at 1550 Collins Avenue, Miami Beach, FL 33191, and cable tray, conduit and riser space, and all other access and utility easements necessary or desirable therefore (collectively, "Premises") as will be described generally in Exhibit B of the Agreement; and WHEREAS, the City and Nextel expressly acknowledge and agree that Nextel's access to the Property shall be solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property; and WHEREAS, the term of Nextel's tenancy shall commence on the installation of the Nextel Facilities (as defined in Paragraph 6 of the Agreement) or eighteen (18) months following the Effective Date; and WHEREAS, the Agreement may be extended for one (1) successive four (4) year period at the same terms and conditions as set forth in the Agreement; and WHEREAS, Nextel shall pay to the City $3,000.00 per month as rent; and WHEREAS, additionally, within forty-five (45) days following the date of execution of the Agreement, Nextel will give the City twenty (20) inactivated Blackberry data units if the City chooses to utilize such units for communications purposes; and WHEREAS, the City shall be responsible for activating such units and paying all activation fees for the monthly service, and other related fees associated with such units; and WHEREAS, Nextel shall also install, at its sole cost and expense, and. grant to the City, six (6) strands of fiber optic cable for the City's exclusive use, which shall run from the City of Miami Beach's Police Department, located at 1100 Washington Avenue, to the City of Miami Beach's City Hall, located at 1700 Convention Center Drive; and WHEREAS, all of Nexters construction and installation work shall be performed at Nexters sole cost and expense and in a good and workmanlike manner; and WHEREAS, Nextel shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Mayor and City Clerk to execute the attached Communications Site Lease Agreement with Nextel South Corporation ("NEXTEL"), in the amount of three thousand dollars ($3,000) per month, for approximately two thousand five hundred (2,500) square feet of space on the roof of the building located at 1550 Collins Avenue, Miami Beach, for the limited purpose of Nextel making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests and cable try, conduit and riser space, and all other access and utility easements necessary or desirable; said Lease having an initial term of eighteen (18) months following the effective date, and a renewal term for one (1) successive four (4) year period. PASSED AND ADOPTED THIS 11th DAY OF ATTEST:" ~iTY~LERK Robert p-archer David Dermer F:\PURC\$ALL \Joanna\Resolutions\RESOL UTlON for Nextel. doc COMMISSION ITEM SUMMARY Condensed Title: '------ [ A Resolution Approving The Communications Site Lease Agreement With Nextel South Corporation [ ("NEXTEL"); Authorizing The Mayor And City Clerk To Execute The Communications Site Lease L~..g. reem ent. Kl~lntended Outcome Su~.d: ~ pr-"~ ~ information ~'chnology. Issue: IWhether the City Commission should approve the resolution? Item Summary/Recommendation: ~ The City will lease to Nextel approximately Two Thousand Five Hundred (2,500) square feet of space on the roof located at 1550 Collins Avenue in the City of Miami Beach (the "Building"). The Building and cable tray, conduit and riser space, and all other access and utility easements necessary or desirable therefor (collectively, "Premises") as may be described generally in Exhibit B annexed hereto. The term of Nextel's tenancy shall commence on the installation of the Nextel Facilities (as defined in Paragraph 6 of the Agreement) or eighteen (18) months following the Effective Date, whichever first occurs ("Term Commencement Date") and shall terminate on the fifth anniversary of the Term Commencement Date ("Term") unless otherwise terminated as provided herein. The Agreement may be extended for one (1) successive four (4) year period at the same terms and conditions as set forth in the Agreement. Nextel shall pay to the City $3,000.00 per month as rent. Additionally, within 45 days following the date of execution of the Agreement, Nextel will give the City 20 unactivated Blackberry data units if the City chooses to utilize such units for communications purposes. The City shall be responsible for activating such units and paying all activation and monthly service, and other related fees associated with such units. In addition, Nextel shall install, at its sole cost and expense, six (6) strands of fiber optic cable, which shall ~,. run from the City of Miami Beach's Police Department, located at 1100 Washington Avenue, to the City of Miami Beach's City Hall, located at 1700 Convention Center Drive. The fiber optic cable will be left in a disconnect mode and the City will bear all costs and the expenses related to attaching the fiber optic cable to the existing, City owned telecommunications equipment for the City's exclusive use. L_ADOPT THE RESOLUTION. Advisor~_ Board Recommendation' [ N/A Financial Information' Source of OBP Financial Impact Summary: City Clerk's Office Legislat'~Tracking: I Gus Lopez, extension 6641~ Si n-Offs: T:~AGENDA~2006\jan1106\consent\NextelSummary-doc MIAMi BEACH AGENDA ITEM OA ,. MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~~) 0~ January 11, 2006 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, APPROVING THE COMMUNICATIONS SITE LEASE AGREEMENT WITH NEXTEL SOUTH CORPORATION ("NF_.XTEL") IN THE AMOUNT OF THREE THOUSAND DOLLARS ($3,000) PER MONTH, FOR APPROXIMATELY TWO THOUSAND FIVE HUNDRED (2,500) SQUARE FEET OF SPACE ON THE ROOF OF THE BUILDING LOCATED AT 1550 COLLINS AVENUE, MIAMI BEACH, FOR THE LIMITED PURPOSE OF NEXTEL MAKING APPROPRIATE ENGINEERING AND BOUNDARY SURVEYS, INSPECTIONS, AND OTHER REASONABLY NECESSARY INVESTIGATIONS AND SIGNAL, TOPOGRAPHICAL, GEOTECHNICAL, STRUCTURAL AND ENVIRONMENTAL TESTS AND CABLE TRAY, CONDUIT AND RISER SPACE, AND ALL OTHER ACCESS AND UTILITY EASEMENTS NECESSARY OR DESIRABLE; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COMMUNICATIONS SITE LEASE AGREEMENT ATTACHED HERETO. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The City owns a parcel of land ("Land") upon which a parking deck is constructed and located at 1550 Collins Avenue in the City of Miami Beach (the "Building"). The Building and the Land are collectively referred to herein as the "Property." The Land will be more particularly described in Exhibit A annexed hereto. The City will lease to Nextel approximately Two Thousand Five Hundred (2,500) square feet of space on the roof of the Building and cable tray, conduit and riser space, and all other access and utility easements necessary or desirable therefore (collectively, "Premises") as will be described generally in Exhibit B annexed hereto. The Communications Site License Agreement ("Agreement"), which has been approved as to form and language and for execution by the City Attorney's Office and is attached hereto, shall be effective on the date of full execution. Beginning on the effective date and continuing until the term commencement date as defined in Paragraph 3 of the attached Agreement, Nextel shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests") that Nextel may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. The City and Nextel expressly acknowledge and agree that Nextel's access to the Property solely for the limited purpose of performing the Investigations and Tests, and that Nextel shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property. The term of Nextel's tenancy shall commence on the installation of the Nextel Facilities (as defined in Paragraph 6 of the Agreement) or eighteen (18) months following the Effective Date. The Agreement may be extended for one (1) successive four (4) year period at the same terms and conditions as set forth in the Agreement. Nextel shall pay to the City $3,000.00 per month as rent. Additionally, within 45 days following the date of execution of the Agreement, Nextel will give the City 20 unactivated Blackberry data units if the City chooses to utilize such units for communications purposes. The City shall be responsible for activating such units and paying all activation and monthly service, and other related fees associated with such units. Nextel shall install, at its sole cost and expense, and grant to the City six (6) strands of fiber optic cable for the City's exclusive use, which shall run from the City of Miami Beach's Police Department, located at 1100 Washington Avenue, to the City of Miami Beach's City Hall, located at 1700 Convention Center Drive. The fiber optic cable will be left in a disconnect mode and the City will bear all costs and the expenses related to attaching the fiber optic cable to the existing, City owned telecommunications equipment. The Premises may be used by Nextel for any lawful activity in connection with the provision of communications services, and the City shall have the ongoing right to perform such Investigations and Tests as the City may deem necessary or desirable. The City will cooperate with Nextel, at no out of pocket expense to the City, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Nextel's intended use of the Premises. Nextel will have the right, within the Premises, to construct, erect, maintain, test, replace, remove, operate and upgrade on the Premises communications facilities, including without limitation utility lines, transmission lines, an air conditioned equipment shelter(s) and/or an air conditioned equipment room in, adjacent to, or on the roof of the Building, electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore (referred to in the attached Agreement as "Nextel Facilities"). Nextel will have the right to do all work necessary to prepare, maintain and alter the Premises for Nexters business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Nextel's construction and installation work shall be performed at Nextel's sole cost and expense and in a good and workmanlike manner. Nextel shall hold title to the Nextel Facilities and all of the Nextel Facilities shall remain Nextel's personal property and are not fixtures. Nextel has the right to remove the Nextel Facilities at its sole expense on or before the expiration or earlier termination of the Agreement, and Nextel shall repair any damage to the Premises caused by such removal.. Upon the expiration or earlier termination of the Agreement, Nextel shall remove the Nextel Facilities from the Property and restore the Premises to the original condition pri~)r to the Effective Date, reasonable wear and tear excepted. Nextel shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Nextel shall have the right to draw electricity and other utilities from the existing utilities on the Property or obtain separate utility service from any utility company that will provide service to the Property. In connection therewith, The City hereby grants to the local telephone, power and utility cOmpanies (as appropriate) non-exclusive rights to locate, construct, install, operate, maintain, repair, replace, alter, extend, and/or remove cables and lines on, over, under and across a portion of The City's Property as necessary or desirable therefore. The City agrees to sign such documents or easements, as may be required by said utility companies to provide such service to the Premises. Any easements necessary for such power or other utilities will be at locations reasonably, acceptable to The City and the servicing utility company. Nextel, Nextel's employees, agents and contractors shall have access to the Premises without notice to the City twenty-four (24) hours a day, seven (7) days a week, at no charge. The City grants to Nextel, and Nextel's agents, employees and contractors, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the Property, and such right and easement will be described in Exhibit B of the attached Agreement. The City shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. The City shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Nextel's use of such roadways. Nextel shall operate the Nextel Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of the City or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Nextel Facilities. Subsequent to the installation of the Nextel Facilities, the City will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by the City, if such modifications are likely to cause interference with Nextel's operations. In the event interference occurs, the City agrees to use reasonable efforts to eliminate such interference in a reasonable time pedod. The City's failure to comply with this paragraph shall be a material breach of the Agreement. If personal property taxes are assessed, Nextel shall pay any portion of such taxes directly attributable to the Nextel Facilities. The City shall pay when due all real property taxes, assessments and deferred taxes on the Property. The City waives any lien rights it may have concerning the Nextel Facilities, all of which are deemed Nextel's personal property and not fixtures, and Nextel has the right to remove the same at any time without The City's consent provided Nextel repairs and restores the Premises pursuant to paragraph 6(a) of the Agreement. The Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of wdtten notice of default, except that the Agreement shall not be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; provided that the grace period for any monetary default is ten (10) days from receipt of written notice; or (ii) by either party, if Nextel does not obtain or maintain any license, permit or other approval necessary for the construction and operation of the Nextel Facilities; or (iii) by either party, if Nextel is unable to occupy and utilize the Premises due to an action of the FCC, including without limitation, a take back of channels or change in frequencies; or (iv) by either party, if any environmental report for the Property reveals the presence of any Hazardous Material after the Term Commencement Date; or (v) by Nextel if Nextel determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (vi) by Nextel if the City fails to deliver to Nextel an executed memorandum of agreement or non-disturbance and attornment agreement pursuant to Paragraphs 19(g) and (h) of the Agreement. Nextel, at Nextel's sOle cost and expense, shall procure and maintain commercial general liability ("CGL") insurance covering bodily injury and property damage with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. Subject to the standard exclusions and limitations of CGL policies, such insurance shall insure, on an occurrence basis, against all liability of Nextel, its employees and agents arising out of or in connection with Nextel's use of the Premises, all as provided for herein. Within thirty (30) days following the Effective Date, Nextel shall provide the City with a certificate of insurance ("COl") evidencing the coverage required by Paragraph 12 of the attached Agreement. Either party may maintain a program of self-insurance against the above risks with actuarially determined levels of protection no less than the above stated amounts. CONCLUSION The Administration recommends that the Mayor and City Commission approve the attached resolution, which approves a Communications Site Lease Agreement with Nextel South Corporation and authorizes the Mayor and City Clerk to execute the Communications Site Lease Agreement attached hereto. T:V~GENDA~006\jan1106\consent\NextelAgreement'd°c