HomeMy WebLinkAboutR-96-0304LT- 96-434
5/15/96
96-
RESOLUTION NO O
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE
LICENSE, IN SUBSTANTIALLY THE ATTACHED FORM,
TO MCCAW COMMUNICATIONS OF FLORIDA, INC.
I ("MCCAW") FOR THE USE OF APPROXIMATELY FOUR
(4) SQUARE FEET OF WALL SPACE WITHIN A ROOM
LOCATED AT GROUND LEVEL ADJACENT TO THE
SCOREBOARD AT THE ORANGE BOWL, LOCATED AT
1501 NORTHWEST 3RD STREET, MIAMI, FLORIDA,
FOR THE INSTALLATION, OPERATION AND
MAINTENANCE OF AN UNMANNED MICROCELL WIRELESS
j TELECOMMUNICATIONS SITE, THE INSTALLATION,
OPERATION AND MAINTENANCE OF ONE (1) 11x I
ANTENNA MOUNTED ON EACH OF THE FOUR
SCOREBOARD POSTS AND THE INSTALLATION OF A
MICROWAVE ANTENNA BEHIND SAID SCOREBOARD,
SAID REVOCABLE LICENSE TO BE AT AN INITIAL
ANNUAL FEE OF $10,000, AND SUBJECT TO ALL
TERMS AND CONDITIONS AS SET FORTH IN SAID
REVOCABLE LICENSE.
WHEREAS, McCaw Communications of Florida, Inc. ("McCaw") is
desirous of locating an unmanned microcell wireless
telecommunications site, which includes the installation of wall
mounted sectorized antennas and microwave antenna at the Orange
Bowl in order to enhance its communication capabilities; and
WHEREAS, space available at the Orange Bowl is suitable for
use by McCaw and is not needed at this time for use by any of the
City's offices or departments; and
WHEREAS, it is in the best interest of the City of Miami to
assist McCaw in providing such service in order to best serve the
citizens of Miami and users of the Orange Bowl;
CITY COP1fC1USSIO.W
MEETING OF
MAY 7. 3 1996
Resolution No.
96�L
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized!' to
issue a Revocable License, in substantially the attached form, to
McCaw Communications of Florida, Inc. for the use of
approximately four (4) square feet of wall space within a room
located at ground level adjacent to the scoreboard at the Orange
Bowl, located at 1501 Northwest 3rd Street, Miami, Florida, for
the installation, operation and maintenance of an unmanned
microcell wireless telecommunications site, the installation,
operation, and maintenance of one (1) 1'x 1' antenna mounted on,
each of the four scoreboard posts and the installation of a
microwave antenna behind said scoreboard, said Revocable License
to be at an initial annual fee of $10,000, and subject to all
terms and conditions as set forth in said Revocable License.
Section 3. This Resolution shall become effective
immediately upon its adoption.
i� The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
PASSED AND ADOPTED this 23rd day o� May 1996. -
ATTEST: j^ ST"TEPHEN P. CLERK, MAYOR
WALTER J. POEMAN, CITY CLERK
PREPARED BY:
EDUARDO'RODkIGUEZ, DIRECTOR
ASSET 'MANAGEMENT
PREPARED AND APPROVED BY:
JULIE 0. BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QU JON S III
CITY AT RN
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BSS:W848
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CONTENTS
1. PURPOSE
2. OCCUPANCY AND USE PERIOD
3. INTEREST CONFERRED BY THIS AGREEMENT
4. USE FEE
5. LATE FEE
6. SECURITY DEPOSIT; MONTHLY RENT DEPOSIT
7. ALTERATIONS, ADDITIONS OR REPLACEMENT
8. CONDITION OF THE PROPERTY AND MAINTENANCE
I 9. VIOLATIONS, LIENS AND SECURITY INTERESTS
I
10, INTERFERENCE
11. UTILITIES
12. ACCESS
13. CITY'S RIGHT OF ENTRY
14. NO ASSIGNMENT OR TRANSFER
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15. LIABILITY FOR DAMAGE OR INJURY
16. INDEMNIFICATION AND HOLD HARMLESS
17. INSURANCE
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18. LICENSEE'S CONTRACTORS
19. CANCELLATION BY REQUEST OF EITHER OF THE PARTIES WITHOUT CAUSE
20. TERMINATION
� RMiNATION BY CITY MANAGER FOR CAUSE
21. REMOVAL OF PROPERTY
22. TAXES
2
96-� 804
i
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REVOCABLE LICENSE AGREEMENT
I ISSUED BY THE
CITY OF MIAMI
4 TO
i MCCAW COMMUNICATIONS OF FLORIDA, INC.
i
I
i
PROPERTY LOCATED AT
APPROXIMATELY 1501 NW 3 STREET
I
MIAMI, FLORIDA
I
Issued this day of , 1996
l
i ATTEST: CITY OF MIAMI, a municipal
corporation of the State of
Florida
i
WALTER J. FOEMAN CESAR H. ODIO
CITY CLERK CITY MANAGER
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
A. QUINN JONES, III FRANK ROLLASON, CHIEF
CITY ATTORNEY RISK MANAGEMENT DIVISION
` 96-- 304
23. NOTICES
24. ADVERTISING
25. SEVERABILITY
26. NONDISCRIMINATION
27. AFFIRMATIVE ACTION
28. MINORITYMOMEN BUSINESS UTILIZATION
29. WAIVER OF ,JURY TRIAL
30. WAIVER
31. AMENDMENTS AND MODIFICATIONS
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REVOCABLE LICENSE AGREEMENT
This Revocable License Agreement ("Agreement") is made , 1996,
between the City of Miami (the "City") a municipal corporation of the State of Florida
and McCaw Communications of Florida, Inc. (the "Licensee"), incorporated under the
laws of the State of Florida for the purpose of installing, operating and maintaining an
unmanned microcell telecommunications site.
WHEREAS, in order to carry out the intent as expressed herein and in
consideration of the mutual agreements subsequently contained, City and Licensee
agree as follows:
1. PURPOSE.
The City is the owner of real properly and improvements thereon at 1501
Northwest 3 Street, Miami, Florida (the Property), which is depicted in Exhibit A
attached hereto and made a part of this Agreement. On , the
City Commission passed and adopted Resolution No. 96- determining that
approximately four (4) square feet of wall space within the room located at ground level
adjacent to the scoreboard (the "Area") , which is depicted in Exhibit "B" attached
hereto and made a part hereof, is not needed at this time for use by any of the City's
offices or departments and expressing its desire to assist the Licensee in accomplishing
its public purpose, and in furtherance thereof authorized the Licensee to occupy and
use the Area for the installation, operation and maintenance of an unmanned microcell
telecommunications site for the transmission and reception of radio communication signals,
in any and all frequencies not in interference with the City's radio communication signals
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1 generated from the Area, under the conditions hereinafter set forth. The City Commission
further authorized the installation of one 1' x 1' wall mounted antenna on each of the four
scoreboard posts for a total of four antennas and the installation of a microwave antenna
behind said scoreboard, at the locations more particularly depicted in Exhibit "C" attached
I
I hereto and made a part hereof. Said antennas to be wall mounted
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approximately feet above the ground level and approximately
from to the face of the antenna. A copy of
fResolution No. 96- is attached as Exhibit "D" and is made a part of this
Agreement.
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Licensee, at Licensee's sole cost and expense, agrees to erect and maintain the
antenna and appurtenant facilities thereto, including the installation or improvement of the
necessary utilities in the Area required to service such facilities as determined by Licensee
(collectively "the Facilities"). The installation of the Facilities shall be in accordance with
plans reviewed and approved in advance by the City Manager or his designee not to be
unreasonably withheld or delayed. City agrees to cooperate with Licensee in obtaining, at
Licensee's sole expense, all licenses and agreements required for Licensee's use of the
Area.
2. OCCUPANCY AND USE PERIOD.
This Agreement shall commence as of the date upon which the City executes
this Agreement (the "Effective Date") and shall continue until the first to occur of the
following:
(a) cancellation or termination by the express written agreement of the parties
hereto; or
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(b) cancellation or termination by request of any of the parties hereto, subject to
the notice provisions of paragraphs 19 and 20 of this Agreement.
3. INTEREST CONFERRED BY THIS AGREEMENT.
Licensee agrees that this Agreement has been issued by the City to authorize
Licensee to occupy the Area solely for the limited purpose of undertaking its installation,
operation and maintenance of an unmanned wireless microcell telecommunications site and
no other. The parties hereby agree that the provisions of this Agreement do not
constitute a lease and the rights of Licensee hereunder are not those of a tenant but is
a mere personal privilege to do certain acts of a temporary character and to otherwise
use the Area subject to the terms of this Agreement. No leasehold interest in the Area
is conferred upon Licensee under the provisions hereof and Licensee does not and
shall not claim at any time any leasehold estate or ownership interest in the Area by
virtue of this Agreement or its use of the Area hereunder. Additionally, Licensee does
not and shall not claim at any time any interest or estate of any kind or extent
whatsoever in the Area by virtue of any expenditure of funds by the Licensee for
improvements, construction, repairs, partitions or alterations to the Area which may be
authorized by the City.
4. USE FEE
In consideration for this Agreement, Licensee agrees to pay to the City annual
use fee in the amount of ten thousand dollars ($10,000) (the "Annual Fee") which shall
be paid in advance and in full on the first day of each Agreement Year. Said funds shall
be utilized for improvements to the Orange Bowl Stadium. An Agreement Year shall
mean a consecutive twelve (12) month period during the Use Period commencing on
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the Effective Date provided that the Agreement Year may be adjusted by City to
commence on the first day of a calendar month.
Licensee agrees that the Annual Fee shall be increased on the first day of each
Agreement Year by four percent (4%) of the Annual Fee in effect for the immediately
preceding Agreement Year and shall be paid annually as set forth above.
If this Agreement is terminated for any reason, except as a result a violation of
Licensee as set forth in Paragraph 20 not cured by Licensee, the City shall refund the
Annual Fee on a pro rata basis within approximately sixty (60) days of said termination,
subject to the limitations set forth herein.
5. LATE FEE
In the event that any installment of the Annual Fee is not received by the City within
ten (10) days after it becomes due such amount shall bear interest at a rate equal to three
(3) percentage points above the then prime rate of interest per annum as charged by First
Union National Bank of Florida, N.A. or its successors, accruing from the date such
installment or payment became due and payable to the date of payment thereof by
Licensee. Such interest shall constitute additional fees due and payable to City by Licensee
upon the date of payment of the delinquent payment referenced above. The payment of
such late charge shall not prevent City from the pursuit of any remedy to which City may
otherwise be entitled.
6. SECURITY DEPOSIT
Simultaneously with the execution of this Agreement, the Licensee shall deposit with
City the sum of two thousand five hundred dollars and 00/100 ($2,500) (the "Security") as
guarantee for the full and faithful performance by Licensee of all obligations of Licensee
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under this Agreement or in connection with this Agreement. If Licensee is in violation (as
provided in Paragraph 20) beyond any applicable notice or cure period, the City may use,
apply or retain all or any part of the Security for the payment of (i) any rent or other sum of
money which Licensee was obligated to pay but did not pay, (ii) any sum expended by City
on Licensee's behalf in accordance with the provisions of this Agreement, or (iii) any sum
which City may expend or be required to expend as a result of Licensee's violation. The
use, application or retention of the Security or any portion thereof by City shall not prevent
City from exercising any other right or remedy provided for under this Agreement or at law
and shall not limit any recovery to which City may be entitled otherwise.
Provided Licensee is not in violation of this Agreement, the Security or balance
thereof, as the case may be, shall be returned to Licensee after the expiration date or upon
any later date after which Licensee has vacated the Area in the same condition or better as
existed on the Effective Date, ordinary wear and tear excepted. If desired by City, the
structure constructed in the Area by Licensee may remain in place. Upon the return of the
Security (or balance thereof) to the Licensee, City shall be completely relieved of liability
with respect to the Security. Licensee shall not be entitled to receive any interest on the
Security Deposit.
7. ALTERATIONS, ADDITIONS OR REPLACEMENTS.
Licensee may improve and remodel the Area and install fixtures therein at its
own expense, and in such manner as Licensee may desire or as is required for
Licensee's use thereof, but not until first receiving the City Manager's written approval
of the plans and specifications for such work, such approval not to be unreasonably
s
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withheld or delayed. All fixtures and equipment installed by the Licensee shall remain
the property of the Licensee.
8. CONDITION OF THE PROPERTY AND MAINTENANCE.
Licensee accepts occupancy of the Area in "AS IS' condition except as otherwise
provided herein. Licensee, at its sole cost and expense, shall maintain the Area in
good order and repair at all times, and in an attractive, clean and sanitary condition
during its use and occupancy of the Area. Licensee shall be responsible for all repairs
to the Area required or caused by Licensee's use of the Area.
Licensee agrees to make all changes necessary to the Area at Licensee's sole
cost and expense in order to comply with all City, County and State building code
requirements for Licensee's occupancy thereof.
9. VIOLATIONS, LIENS AND SECURITY INTERESTS
Licensee, at its expense and with due diligence and dispatch, shall secure the
cancellation or discharge of or bond off same in the manner permitted by law, all notices of
violations arising from or otherwise in connection with Licensee's improvements or
operations in the Area which shall be issued by any public authority having or asserting
jurisdiction. Licensee shall promptly pay its contractors and materialsmen for all work and
labor done at Licensee's request. Should any such lien be asserted or filed, regardless of
the validity of said liens or claims, Licensee shall bond against or discharge the same within
fifteen (15) calendar days of Licensee's receipt of notice of the filing of said encumbrance.
In the event Licensee fails to remove or bond against said lien by paying the full amount
claimed, Licensee shall pay the City upon demand any amount paid out by City, including
City's costs, expenses and reasonable attorneys' fees. Licensee further agrees to hold City
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harmless from and to indemnify the City against any and all claims, demands and
expenses, including reasonable attorney's fees, by reason of any claims of any contractor,
subcontractor, materialman, laborer or any other third person with whom Licensee has
contracted or otherwise is found liable for, in respect to the Area. Nothing contained in this
Agreement shall be deemed, construed or interpreted to imply any consent or agreement on
the part of City to subject the City's interest or estate to any liability under any mechanic's or
other lien asserted by any contractor, subcontractor, materialsman or supplier thereof
against any part of the Area or any of the improvements thereon and each such contract
shall provide that the contractor must insert a statement in any subcontract or purchase
order that the contractor's contract so provides for waiver of lien and that the subcontractor,
materialman and supplier agree to be bound by such provision.
10. INTERFERENCE
The parties acknowledge that City transmission and reception of communication
signals from the Property is critical to protecting the lives and property of the residents of
Miami and to effectively provide events at the Orange Bowl Stadium. If, in the judgment of
the City, any electrical, electromagnetic, radio frequency or other interference shall result
from the operation of Licensee's Facilities, City shall notify Licensee, in writing which notice
may be provided via facsimile, and Licensee shall within twenty-four (24) hours after
receiving City's notice exercise due diligence to analyze the cause of the interference and
make such modifications and corrections as are necessary to eliminate the interference. If
the Licensee fails to cure the interference problem within said 24 hour period, then Licensee
shall immediately notify the City of its failure to cure the interference problem and identify to
City the additional corrective measures it proposes to undertake in an effort to resolve the
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interference. After considering the impact of the interference upon the City in its ability to
effectively protect the residents of Miami and to provide services to Stadium users, the City,
in its sole judgment, shall have the option to:
a) require Licensee to immediately cease use of the Area until such time as the
interference problem is corrected; or
b) allow Licensee to continue operating while Licensee exercises due diligence
to implement the proposed corrective measures and keep City informed regarding the
status of the corrective work.
In either "a" or "b" above, if Licensee has exercised due diligence in attempting to
correct such interference and same has not been corrected within sixty (60) days from the
first notice by the City, the City may, at its sole option, either (i) terminate this Agreement
forthwith, or (ii) may require Licensee to immediately remove from the Area the specified
item of the Facilities causing such interference.
In the event the City exercises "(i)" above, Licensee shall be entitled to a refund of
the Annual Fee on a pro rata basis but only if such interference is caused by actions not
under the control of Licensee. In the event the City exercises "(ii)" above, there shall be no
refund or off -set of the Annual Fee as a result of any cessation of use of such specified item
or the Area unless removal of such specified item renders the Area completely and fully
unusable for the purposes stated in this Agreement.
11. UTILITIES.
So long as the Facilities do not require electricity in amounts greater than
approximately 115 VAC at approximately 4 Amps, City shall, at its sole cost, furnish
electric current, air conditioning and lights to Licensee. Licensee shall provide any and
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all other utilities required for its use of the area, including but not limited to, water,
stormwater fees, gas, telephone, garbage and sewage disposal used by Licensee
during its occupancy of the Area. Licensee shall, at its sole cost, install any lines and
equipment necessary including but not limited to, such electrical lines and equipment
necessary. In the event Licensee requires greater electrical service than that stipulated
herein, Licensee shall, at its sole cost, install submeters for such Facilities and shall pay
the charges for such submetered Facilities to the City upon receipt of an invoice
indicating the cost of such service.
The City reserves the right to interrupt, curtail or suspend the provision of any
utility service serving the Area when necessary by reason of accident or emergency, or
for repairs, alterations or improvements in the judgment of City desirable or necessary
to be made or due to difficulty in obtaining supplies or labor or for any other cause
beyond the reasonable control of the City. The work of such repairs, alterations or
improvements shall be prosecuted with reasonable diligence. The City shall in no
respect be liable for any failure of the utility companies or governmental authorities to
supply utility service to Licensee or for any limitation of supply resulting from
governmental orders or directives. No diminution or abatement of rent or other
charges, nor damages, shall be claimed by Licensee by reason of the City's or other
individual's interruption, curtailment or suspension of a utility service, nor shall this
Agreement or any of Licensee's obligations hereunder be affected or reduced thereby.
12. ACCESS
City shall provide Licensee ingress, egress and access to the Area adequate to
maintain, operate and service the Area and the Facilities and to comply with its obligations
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hereunder, Monday through Friday, excluding legal holidays during normal business hours
(8:00 AM to 5:00 PM) at no additional charge. Licensee shall make a diligent effort to
provide at least 24-hours advance notice and City shall have the right to have one or
more of its representatives or employees present during the time of any such entry.
Such request shall be made to the City Department of Public Facilities, Attn: Director,
400 SE 2 Avenue, Miami, Florida, 33131 or via phone (305)579-6341.
13. CITY'S RIGHT OF ENTRY.
The City shall have access to and entry into the Area at any time to (a) inspect
the Area and the Facilities, (b) take technical measurements or tests related to the
Facilities in conducting the inspection and testing of the equipment, City shall not tamper
nor perform any adjustments to Licensee's equipment without Licensee's written approval,
(c) to perform any obligations of Licensee hereunder which Licensee has failed to
perform after written notice thereof to Licensee, Licensee not having cured such matter
within thirty (30) days of such notice, (d) to assure Licensee's compliance with the terms
and provisions of this Agreement and all applicable laws, ordinances, rules and
regulations and (e) or for other purposes as may be deemed necessary by the City
Manager in the furtherance of the City's corporate purpose; provided, however, that
City shall make a diligent effort to provide at least 24-hours advance notice and
Licensee shall have the right to have one or more of its representatives or employees
present during the time of any such entry. The City shall not be liable for any loss, cost
or damage to the Licensee by reason of the exercise by the. City of the right of entry
described herein for the purposes listed above. The making of periodic inspection or
the failure to do so shall not operate to impose upon. City any liability of any kind
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whatsoever nor relieve the Licensee of any responsibility, obligations or liability
assumed under this Agreement.
14. NO ASSIGNMENT OR TRANSFER.
Licensee cannot assign or transfer its privilege of occupancy and use granted
unto it by this Agreement.
15. NO LIABILITY.
In no event shall the City be liable or responsible for loss or damage to the
Property, the Area, improvements, fixtures, equipment and/or any property belonging
to or rented by Licensee, its officers, servants, agents, or employees that may be
stolen, destroyed, or in any way damaged and Licensee indemnifies the City its
officers, agents and employees from and against any and all such claims EVEN IF
THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS, DAMAGES OR CAUSES OF
ACTION ARISE FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF THE
CITY, INCLUDING ANY OF ITS EMPLOYEES, AGENTS, OR OFFICIALS.
16. INDEMNIFICATION AND HOLD HARMLESS.
The Licensee shall indemnify, hold harmless and defend the City from and
against any and all claims, suits, actions, damages or causes of action of whatever
nature arising during the period of this Agreement, for any personal injury, loss of life or
damage to property sustained in or on the Area, by reason of or as a result of
Licensee's use or operations thereon, and from and against any orders, judgments or
decrees which may be entered thereon, and from and against all costs, attorney's fees,
expenses and liabilities incurred in an about the defense of any such claims and the
investigation thereof; EVEN IF THE CLAIMS, COSTS, LIABILITIES, SUITS, ACTIONS,
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DAMAGES OR CAUSES OF ACTION ARISE FROM THE NEGLIGENCE OR
ALLEGED NEGLIGENCE OF THE CITY, INCLUDING ANY OF ITS EMPLOYEES,
AGENTS, OR OFFICIALS.
17. INSURANCE
Licensee, at its sole cost, shall obtain and maintain in full force and effect at all
times throughout the period of this Agreement, the following insurance coverage:
A. Commercial General liability insurance on a Comprehensive General
liability coverage form, or its equivalent, including premises, operations and contractual
coverage's against all claims, demands or actions for bodily injury, personal injury,
death or property damage occurring in or about the Area with such limits as may be
reasonably requested by the City from time to time but not less than $1,000,000 per
occurrence combined single limit for bodily injury and property damage. The City shall
be named as Additional Insured on the policy or policies of insurance.
S. Automobile liability insurance covering all owned, non -owned and hired
vehicles used in conjunction with operations covered by this agreement. The policy or
policies of insurance shall contain a combined single limit of at least $500,000 for bodily
injury and property damage. The requirements of this provision will be waived upon
submission of a written statement from Licensee that no automobiles are used to
conduct business.
C. "All Risk" property insurance against loss or damage by fire, windstorm,
with such endorsements for extended coverage, vandalism, malicious mischief, and
special coverage, insuring 100% of the replacement cost of Licensee's improvements,
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fixtures, equipment, furniture and all other personal property in and about the Area.
The City shall be named as a Loss Payee.
D. Worker's Compensation in the form and amounts required by State law.
E. The City reserves the right to reasonably amend the insurance
requirements by the issuance of a notice in writing to Licensee. The Licensee shall
provide any other insurance or security reasonably required by the City.
F. The policy or policies of insurance required shall be so written that the
policy or policies may not be canceled or materially changed without thirty (30) days
advance written notice to the City. Said notice should be delivered to the City of Miami,
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Division of Risk Management, 300 Biscayne Boulevard Way, Suite 328, Miami, Florida
33131 with copy to City of Miami, Office of Asset Management, PO Box 330708, Miami,
Florida 33233-0708, or such other address that may be designated from time to time.
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G. A current Evidence and Policy of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Office of Asset Management of
the City at the commencement of the term of this Agreement and a new Evidence and
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Policy shall be supplied at least twenty (20) days prior to the expiration of each such
policy. Insurance policies required above shall be issued by companies authorized to
do business under the laws of the State, with the following qualifications as to
management and financial strength: the company should be rated "A" as to
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management, and no less than class "X" as to financial strength, in accordance with the
latest edition of Best's Key Rating Guide, or the company holds a valid Florida
Certificate of Authority issued by the State of Florida, Department of Insurance, and is a
member of the Florida Guarantee Fund. Receipt of any documentation of insurance by
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the City or by any of its representatives which indicates less coverage than required
does not constitute a waiver of the Licensee's obligation to fulfill the insurance
requirements herein.
In the event Licensee shall fail to procure and place such insurance, the City
may, but shall not be obligated to, procure and place same, in which event the amount
of the premium paid shall be paid by Licensee to the City as an additional fee upon
demand and shall in each instance be collectible on the first day of the month or any
subsequent month
following
the
date
of payment by the
City.
Licensee's failure to
procure insurance
shall in
no
way
release Licensee
from
its obligations and
responsibilities as provided herein.
18. LICENSEE'S CONTRACTORS.
Licensee shall submit the name of any proposed contractor to the City prior to such
contractor performing any work on behalf of Licensee in the Area. Licensee's contractors
shall have insurance to afford minimum protection as follows:
A. Commercial General liability insurance on a Comprehensive General liability
coverage form, or its equivalent, including premises, operations and contractual coverages
against all claims, demands or actions for bodily injury, personal injury, death or property
damage occurring in or about the Area with such limits as may be reasonably requested by
the City from time to time but not less than $1,000,000 per occurrence combined single limit
for bodily injury and property damage.
B. Automobile liability insurance covering all owned, non -owned and hired
vehicles used in conjunction with operations covered by this agreement. The policy or
policies of insurance shall contain a combined single limit of at least $500,000 for bodily
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injury and property damage. The requirements of this provision may be waived upon
submission of a written statement that no automobiles are used to conduct business.
C. Worker's Compensation in the form and amounts required by State law.
D. Contractual Liability Insurance in an amount not less than $1,000,000.
E. Licensee agrees that each such policy shall name City and Licensee as
additional insured and each such policy shall contain a provision that it may not be canceled
without thirty (30) days prior written notice to City.
F. The City reserves the right to reasonably amend the insurance requirements
by the issuance of a notice in writing to Licensee. The contractor shall provide any other
insurance or security reasonably required by the City.
19. CANCELLATION BY REQUEST OF EITHER OF THE PARTIES WITHOUT
CAUSE.
Either party may cancel this Agreement at any time with thirty (30) days written
notice to the non -canceling party.
20. TERMINATION BY CITY MANAGER FOR CAUSE.
If Licensee in any manner violates the restrictions and conditions of this
Agreement, then, and in the event, after thirty (30) days written notice given to Licensee
by the City Manager within which to cease such violation or to correct such deficiencies,
and upon failure of Licensee to do so after such written notice, within said thirty (30)
day period, this Agreement shall be automatically canceled without the need for further
action by the City.
21. REMOVAL OF PROPERTY.
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In either event of cancellation pursuant to paragraphs 19 or 20, at the expiration
of the time limited by the notice, the Licensee shall promptly, remove all Facilities,
personal property, fixtures and equipment from the Area and shall promptly repair any
damage to the Area caused thereby, clean up any remaining debris and leave the Area
in the condition existing as of the date of this Agreement. Should Licensee fail to repair
any damage caused to the Area within ten (10) days after receipt of written notice from City
directing the required repairs, City shall cause the Area to be repaired at the sole cost and
expense of Licensee. Licensee shall pay City the full cost of such repairs within ten (10)
days of receipt of an invoice indicating the cost of such required repairs.
In the event Licensee fails to remove its Facilities, personal property, equipment
and fixtures from the Area within such thirty (30) day period, said property shall be
deemed abandoned and thereupon shall become the sole personal property of the City.
The City, at its sole discretion and without liability, may remove and/or dispose of same
as City sees fit, all at Licensee's sole cost and expense.
22. TAXES.
Licensee shall pay before any fine, penalty, interest or costs is added for
nonpayment, any and all charge, taxes or assessments levied against the Area and or
against any occupancy interest or personal property of any kind, owned by or placed in,
upon or about the Area by Licensee, including, but not limited to, ad valorem taxes. In
the event Licensee appeals a tax, Licensee shall immediately notify City of its intention
to appeal said tax and shall furnish and keep in effect a surety bond of a responsible
and substantial surety company reasonably acceptable to City or other security
reasonably satisfactory to City in an amount sufficient to pay one hundred percent of
,o
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F,
the contested tax with all interest on it and costs and expenses, including reasonable
attorneys' fees, to be incurred in connection with it.
23. NOTICES.
All notices or other communications which may be given pursuant to this
Agreement shall be in writing and shall be deemed properly served if delivered by
personal service or by certified mail addressed to City and Licensee at the address
indicated herein or as the same may be changed from time to time. Such notice shall
be deemed given on the day on which personally served; or if by certified mail, on the
fifth day after being posted or the date of actual receipt, whichever is earlier:
CITY OF MIAMI LICENSEE
City of Miami McCaw Communications of Florida, Inc.
City Manager c/o AT&T Wireless Service
3500 Pan American Drive 1920 Corporate Drive
Miami, FL 33133 Boyton Beach, FL 33426
COPY TO COPY TO
City of Miami AT&T Wireless Services
Office of Asset Management Attn: Regional Counsel
444 SW 2 Avenue, Suite 325 250 S Australian Ave, Ste 900
Miami, FL 33130 West Palm Beach, FL 33401
24. ADVERTISING.
Licensee shall not permit any signs or advertising matter to be placed either in
the interior or upon the exterior of the Area grounds without having first obtained the
approval of the City Manager or his designee. Licensee hereby understands and
agrees that the City may, at its sole discretion, erect or place upon the Area an
appropriate sign indicating City's having issued this Agreement.
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25. SEVERABILITY.
Should any provisions, paragraphs, sentences, words or phrases contained in
this Agreement be determined by a court of competent jurisdiction to be invalid, illegal
or otherwise unlawful under the laws of the State of Florida or the City, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified to the extent
necessary in order to conform with such laws, and the same may be deemed severable
by the City, and in such event, the remaining terms and conditions of this Agreement
shall remain unmodified and in full force and effect.
26. NONDISCRIMINATION.
Licensee shall not discriminate as to race, color, religion, sex, national origin,
age, disability or marital status in connection with its occupancy and use of the Area
and improvements thereon.
27. AFFIRMATIVE ACTION.
Licensee shall have in place an Affirmative Action/Equal Employment
Opportunity Policy and shall institute a plan for its achievement which will require that
action be taken to provide equal opportunity in hiring and promoting for women,
minorities, the disabled and veterans. Such plan will include a set of positive measures
which will be taken to insure nondiscrimination in the work place as it relates to hiring,
firing, training and promotion. In lieu of such a policy/plan, Licensee shall submit a
Statement of Assurance indicating that their operation is in compliance with all relevant
Civil Rights laws and regulations.
28. MINORITY[WOMEN BUSINESS UTILIZATION.
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Licensee shall make every good faith effort to purchase/contract fifty-one percent
(51 %) of its annual goods and services requirements from Hispanic, Black and Women
businesses/professionals registered/certified with the City Office of Minority/Women
Business Affairs. Such lists will be made available to the Licensee at the time of the
issuance of the Agreement by the City and updates will be routinely provided by the
City's Office of Minority/Women Business Affairs.
29. WAIVER OF JURY TRIAL.
Licensee waives a trial by jury of any and all issues arising in any action or
proceeding, whether real or asserted, at law or in equity, between the parties hereto
under or connected with this Agreement, or any of its provisions, the relationship of the
parties, the Licensee's use or occupancy of the Area, Licensee's rights thereto, and/or
any claim of injury or damage and any emergency statutory or any other statutory
remedy, or otherwise.
30. WAIVER.
No failure on the part of the City to enforce or insist upon performance of any of
the terms of this Agreement, nor any waiver of any right hereunder by the City, unless
in writing, shall be construed as a waiver of any other term or as a waiver of any future
right to enforce or insist upon the performance of the same term.
31. AMENDMENTS AND MODIFICATIONS.
No amendments or modifications to this Agreement shall be binding on either
party unless in writing, signed by both parties and approved by the City Manager.
32. COURT COSTS AND ATTORNEY(S)' FEES.
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In the event of any litigation brought by the City and/or Licensee against the other
party in connection with this Agreement, the prevailing party shall be entitled to recover from
the non -prevailing party, reasonable attorney's fees and court costs through all trial and
appellate levels.
33. COMPLIANCE WITH ALL LAWS APPLICABLE.
Licensee accepts this Agreement and hereby acknowledges that Licensee's
strict compliance with all applicable federal, state and local laws, ordinances and
regulations, including without limitation the rules of the Federal Communications
Commission, the Federal Aviation Administration and City Building, Zoning and Fire Codes,
is a condition of this Agreement, and Licensee shall comply therewith as the same presently
exist and as they may be amended hereafter. This Agreement shall be construed and
enforced according to the laws of the State of Florida.
34. ENTIRE AGREEMENT.
This instrument and its attachments constitute the sole and only agreement of
the parties hereto and correctly sets forth the rights, duties and obligations of each to
the other as of its date. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Agreement are of no force or effect.
96- 304
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of
the day and year first above written.
LICENSEE
McCaw Communications of Florida, Inc.
a Florida corporation
WITNESS: d/b/a AT&T Wireless Services
Signature Signature
Print Name Print Name
Signature Print Title
Print Name
i
96- 304
EXHIBIT A
Page: 1 Document Name: untitled
PNLE ARPS PROPERTY SYSTEM
- PROPERTY NAME / LEGAL
INQUIRY (32)
DATE: 05/14/1996 11:01:
08
FOLIO NO: 01-4102-004-0010 LEGAL ADDR: 1501 NW 3 ST
GRP FOLIO: PROP ADDR: 1501 NW 3 ST
CANCELED: NO ORIGIN: DC LEDGER PRESENT: YES ST EX:
80 00 *CITY OWN
*
OWNER NAME AND ADDRESS
VALUE HISTORY
CITY OF MIAMI BALL PARK & BOWL
YEAR: 1994
1995
3698000
LAND: 5,124,000
5,124,000
BLDG: 13,072,496
13,072,496
TOTAL: 18,196,496
18,196,496
ZIP:
HEX: 0
0
WVDS: 0
0
LEGAL DESCRIPTION
TOTEX: 18,196,496 18,196,496
MONTRAY SUB PB 8-1
NONEX: 0
0
LOTS 1 TO 108 INC
GRSS TX:
LOT SIZE 1050000 SQUARE FEET
CNTY TX:
CITY TX:
SALE AMT:
SALE DATE:
SALE TYPE:
NEXT FOLIO KEY: NEXT ADDRESS
KEY:
41020040010
ACTION: 1-CONTINUE
ACTION: 01
XMIT:
Window ARPSWIN/1
at PRODUCTION
4
22 Pg=1 FORM RCV L
TAI
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-1
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor & Members
of the City Commission
DATE : MAY {5 1996 FILE
SUBJECT: Revocable License Agreement
FROM Ces REFERENCES:
city
' ENCLOSURES:
I
RECOMMENDATION:
It is respectfully requested that the City Commission adopt the attached Resolution authorizing
the City Manager to issue a Revocable License, in substantially the attached form, to McCaw
Communications of Florida, Inc. ("McCaw") for the use of approximately four square feet of wall
j space located in a room situated at ground level adjacent to the scoreboard at the Orange Bowl
i Stadium located at 1501 NW 3 Street, Miami, Florida, for the installation, operation and
maintenance of an unmanned microcell wireless telecommunications site including the
installation, operation and maintenance of one 1'x1' antenna on each of the four scoreboard posts
(total of four antennas) and installation of a microwave antenna behind the scoreboard, said
Revocable License to be at an initial annual fee of $10,000 and with all terms and conditions as
set forth in said revocable license.
BACKGROUND:
The Office of Asset Management has prepared the attached Resolution for consideration by the
City Commission. McCaw Communications of Florida, Inc. ("McCaw") is desirous of locating an
unmanned microcell wireless telecommunications site, which includes the installation of wall
mounted sectorized antennas at the Orange Bowl in order to enhance communication in the area
including communication from the Orange Bowl itself. McCaw would like to have the equipment
operational in time for the Olympic games to facilitate communication efforts of Olympic attendees
and participants. The City of Miami has space available in the Orange Bowl which is not needed
at this time for use by any of the City's offices or departments and is suitable for use by McCaw.
Highlights of the Revocable License are as follows:
Use Period: To commence upon execution of the agreement and continue until a)
cancellation or termination by the express written agreement of the
parties, or b) cancellation or termination by request of any of the parties
subject to the notice provisions provided in the agreement.
Use Fee: Initially $10,000 per year payable in advance. Said funds shall be utilized
for improvements to the Orange Bowl.
7
<¢t. 96- 304
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The Honorable Mayor and Members
of the City Commission
Page 2
Fee Increases:
Late Fee:
Security Deposit:
Interference:
i
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On the first day of each agreement year, the Annual Fee shall be
increased by four percent (4%) of the Annual Fee in effect for the
immediately preceding agreement year
If the rent is not paid within 10 days after it becomes due, such amount
shall bear interest at a rate equal to 3% above the then prime rate
$2,500
If, in the judgment of the City there is any electrical, electromagnetic,
radio frequency or other interference, the City shall notify Licensee and
Licensee shall within 24 hours exercise due diligence to analyze the
cause of the interference and make appropriate modifications. If
Licensee is unable to correct such interference within said 24 hour
period, Licensee shall immediately notify the City.
After considering the impact of the interference upon the City in its ability
to effectively protect the residents of the City and/or provide services to
stadium users, the City, in its sole judgment, shall have the option to:
a) require Licensee to immediately cease use of the area until such time
as the problem is corrected; or
b) allow Licensee to continue operating while Licensee exercises due
diligence to implement the proposed corrective measures
So long as the Facilities do not require electricity in amounts greater than
approximately 115 VAC at approximately 4 Amps, City shall, at its sole
cost, furnish electric current, air conditioning and lights to Licensee.
Licensee shall provide any and all other utilities required for its use of the
area, including but not limited to, water, stormwater fees, gas, telephone,
garbage and sewage disposal used by Licensee during its occupancy of
the Area. Licensee shall, at its sole cost, install any lines and equipment
necessary including but not limited to, such electrical lines and
equipment necessary. In the event Licensee requires greater electrical
service than that stipulated herein, Licensee shall, at its sole cost, install
submeters for such Facilities and shall pay the charges for such
submetered Facilities to the City upon receipt of an invoice indicating the
cost of such service.
City shall not be liable for any interruption of utility services whether
caused by City's necessity to perform repairs or any failure of utility
companies or governmental authorities to supply utility service or any
limitation of supply resulting from governmental orders or directives.
curtailment of services
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The Honorable Mayor and Members
of the City Commission
Rage 3
Cancellation
Without Cause: Either party may cancel this agreement at any time with 30 days written
notice to the non -canceling party
Termination
For Cause: If Licensee violates any of the restrictions and conditions of this
agreement, then, after 10 days written notice to Licensee within which to
cease such violation, and upon failure of Licensee to do so after such
written notice, this agreement shall be automatically canceled.
In an effort to provide better mobile telephone service to the citizens of Miami and the users of the
Orange Bowl, it is recommended that the City Commission adopt the attached Resolution
authorizing the issuance of this Revocable License.
y�
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