HomeMy WebLinkAboutR-95-0614J-95-770
9/7/95
RESOLUTION NO. 9 614
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ISSUE A REVOCABLE PERMIT,
IN SUBSTANTIALLY THE ATTACHED FORM, TO MCCAW
COMMUNICATIONS OF FLORIDA, INC. ("MCCAW") FOR
THE USE OF APPROXIMATELY 192 SQUARE FEET OF
ROOF TOP SAPCE FOR THE INSTALLATION OF
ANTENNAS AT THE POLICE DEPARTMENT GARAGE,
LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI,
FLORIDA, SAID REVOCABLE PERMIT TO BE: (1) FOR
A PERIOD OF FIVE YEARS WITH THE OPTION FOR
FIVE ONE-YEAR RENEWAL PERIODS; (2) AT AN
ANNUAL FEE OF $10,000.00; AND (3) WITH ALL
TERMS AND CONDITIONS AS SET FORTH IN SAID
REVOCABLE PERMIT.
I WHEREAS, McCaw Communications of Florida, Inc. ("McCaw"), is
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desirous of locating an unmanned mobile telephone equipment
station, which includes the installation of roof mounted
sectorized antennas in the downtown area in order to enhance its
communication capabilities; and
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WHEREAS, the City of Miami has space available on the roof
of the Police Department parking garage which is suitable for
said purpose; and
WHEREAS, McCaw has agreed to prepay the use fee for a period
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of five years;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
ATTACHMENT (S))
. 69 AO�d��
CITY COMMISSION
MEETING OF
S E P 1 4 1995
Resolution No,
95— 614
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 Permit, in substantially the attached form, to
McCaw Communications of Florida, Inc. ("McCaw") for the use of
approximately 192 square feet of roof top space for the
installationn of antennas at the Police Department Garage,
located at 400 Northwest 2nd Avenue, Miami, Florida, said
Revocable Permit to be: (1) for a period of f ive years with the
option for five one-year renewal periods; (2) at an annual fee of
$10,000.00; and (3) with all terms and conditions as set forth in
said Revocable Permit.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of September 1995.
STE EN P. CL RK, MAYOR
ATTEST:
c
WALTER J J FO
CITY CLE
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.
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95- GA
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PREPARED AND APPROVED BY:
J ,0; BRU
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUION JgNXS, III
CITY ATTOWRY
BSS:W310
3-
95- 614
REVOCABLE PERMIT
ISSUED BY THE
CITY OF MIAMI
TO
MCCAW COMMUNICATIONS OF FLORIDA, INC.
PROPERTY LOCATED AT
APPROXIMATELY 400 NW 2 AVENUE
MIAMI, FLORIDA
Issued this day of , 1995.
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED AS TO FORM AND
I CORRECTNESS:
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A. QUINN JONES, III
CITY ATTORNEY
CITY OF MIAMI, a municipal
corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
APPROVED AS TO INSURANCE
REQUIREMENTS:
FRANK ROLLASON, CHIEF
RISK MANAGEMENT DIVISION
9"5- 614
CONTENTS
1. DESCRIPTION OF AREA
2. USE PERIOD AND TERMINATION RIGHTS OF THE CITY
3. PURPOSE
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4. USE FEES
5. LATE FEE
6. SECURITY DEPOSIT; MONTHLY FEE DEPOSIT
7. VIOLATIONS, LIENS AND SECURITY INTERESTS
i 8. INTERFERENCE
9. UTILITIES
10. MAINTENANCE
11. LAWS APPLICABLE
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f� 12. ACCESS
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13. INSPECTION BY CITY
14. NO ASSIGNMENT OR TRANSFER
15. CONDITION OF AREA
16. LIABILITY FOR DAMAGE OR INJURY
17. INDEMNIFICATION AND HOLD HARMLESS
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18. INSURANCE
19. PERMITTEE'S CONTRACTORS
20. REMOVAL OF FACILITIES
21. CANCELLATION BY PERMITTEE
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22. PEACEFUL RELINQUISHMENT
23. GENERAL CONDITIONS
24. ADVERTISING
25. NONDISCRIMINATION
26. VIOLATIONS
27. TAXES
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28. INTEREST CONFERRED BY PERMIT
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29. AFFIRMATIVE ACTION
30. MINORITY/WOMEN BUSINESS UTILIZATION
31. WAIVER OF JURY TRIAL
32. WAIVER
33. AMENDMENTS AND MODIFICATIONS
i 34. COURT COSTS AND ATTORNEY'S FEES
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35. ENTIRE AGREEMENT
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CORPORATE RESOLUTION
EXHIBIT A
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REVOCABLE PERMIT
1. DESCRIPTION OF AREA
The City of Miami (the "City") hereby issues this Revocable Permit (the "Permit") to
McCaw Communications of Florida, Inc. (the "Permittee"), for the purpose and under the
condition(s) hereinafter set forth, permitting said Permittee to use approximately 192 square
feet of enclosed space in the parking garage and the roof area of said space (the "Area")
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situated on the property located at approximately 400 NW 2 Avenue, Miami, Florida (the
"Property"), as shown in Exhibit "A" attached hereto and made a part hereof.
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CONDITIONS
2. USE PERIOD AND TERMINATION RIGHTS OF THE CITY
This Permit has been authorized by Resolution No. , passed and adopted by
the City Commission on This Permit shall be valid for a period of five
(5) years commencing upon issuance of the building permit (the "Effective Date"). The City
Manager may extend this Permit for five additional one (1) year periods upon request of the
1 Permittee, submitted in writingat least one hundred and twenty 120 days
y ( ) prior to the
termination of the initial five (5) year use period, and then, if extended, upon such request
submitted by Permittee one hundred and twenty (120) days prior to the termination of such
extended use period.
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In addition to the termination which may result from or under the provisions of
Section 26 hereof, the City reserves the right to terminate this Permit at any time,
without cause and for any reason it deems proper, upon giving thirty (30) days
termination notice, in writing, to Permittee, and then Permittee shall remove its
personal property from the Area and vacate the Area.
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3. PURPOSE
The purpose of this Permit is to authorize Permittee to use the Area for the installation,
operation and maintenance of an unmanned mobile telephone equipment station including
the installation, operation and maintenance of roof mounted sectorized antennas for the
transmission and reception of radio communication signals, in any and all frequencies not in
interference with the City's radio communication signals. The highest point of said roof
mounted antennas shall not exceed ten (10) feet in height as measured vertically from the
roof of the Area housing the equipment station.
Permittee, at Permittee's sole cost and expense, agrees to erect and maintain the
antenna and appurtenant facilities thereto, including improvements to an existing structure
to shelter the electronic equipment and install or improve the necessary utilities in the Area,
including but not limited to the installation of emergency power generators (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. Permittee shall pay for the cost
of installing utilities and for any separate meters required thereby, and shall be billed directly
by the applicable utility company for such services. City agrees to cooperate with Permittee
in obtaining, at Permittee's sole expense, all licenses and permits required for Permittee's
use of the Area.
4. USE FEES
In consideration for this Permit, Permittee agrees to pay to the City an annual fee of '
Ten Thousand ($10,000) dollars (the "Annual Use Fee") which shall be paid in advance and
in full for the use period authorized herein as follows. On the Effective Date, Permittee shall
pay to the City Fifty Thousand ($50,000) dollars, which represents the total amount of
consideration due to the City for the five (5) year use period authorized herein so the City
Police Department may purchase an electronic message center(s).
If this Permit is terminated for any reason, except as a result of Cancellation as set forth
in Section 21, or a Violation as set forth in Section 26, the City shall refund the Annual Use
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Fee on a pro rata basis within Sixty (60) days of said termination, subject to the limitations
set forth herein.
In the event this Permit is extended for an additional one (1) year use period ("Permit
Year"), commencing on the first day of such Permit Year, Permittee shall pay to the City an
annual use fee ("Extended Period Use Fee") of Ten Thousand Nine Hundred and Fifty
dollars ($10,950) payable in twelve equal monthly installments of Nine Hundred and Twelve
dollars 50/100 ($912.50). Said monthly installment shall be paid in advance on the 1st day
of each month. If the first date of Permit Year begins on a day other than the first day of a
calendar month, then the monthly installment from such date until the first day of the
following month shall be prorated at the rate of one -thirtieth (1/30th) of the monthly
installment for each day of that month from and including the first day of the current Permit
Year and thereafter said monthly installment shall be payable on the first day of the month.
Permittee agrees that the Extended Period Use Fee for any additional one year
extensions as authorized herein, shall be increased on the first day of each Permit Year by
four percent (4%) of the Extended Period Use Fee in effect for the immediately preceding
Permit Year and shall be paid monthly as set forth above.
5. LATE FEE
In the event that any installment of the Extended Period Use 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
published in the Wall Street Journal; accruing from the date such installment or payment
became due and payable to the date of payment thereof by Permittee. Such interest shall
constitute additional use fees due and payable to City by Permittee 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.
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6. SECURITY DEPOSIT MONTHLY FEE DEPOSIT
Simultaneously with the execution of this Permit, the Permittee shall deposit with City
the sum of Two Thousand Five Hundred ($2,500) dollars (the "Security") as guarantee for
the full and faithful performance by Permittee of all obligations of Permittee under this
Permit or in connection with this Permit. If Permittee is in Violation (as defined in Section
26), the City may use, apply or retain all or any part of the Security for the payment of (i)
any fee or other sum of money which Permittee was obligated to pay but did not pay, (ii)
any sum expended by City on Permittee's behalf in accordance with the provisions of this
Permit, or (iii) any sum which City may expend or be required to expend as a result of
Permittee'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 Permit or at law and shall not limit any recovery to which City may be entitled otherwise.
If Permittee fully and faithfully complies with all of the provisions of this Permit, the
Security or balance thereof, as the case may be, shall be returned to Permittee after the
expiration date or upon any later date after which Permittee has vacated the Area in the
same condition or better as existed on the Effective Date, ordinary wear and tear excepted.
Upon the return of the Security (or balance thereof) to the Permittee, City shall be
completely relieved of liability with respect to the Security. Permittee shall not be entitled to
receive any interest on the Security Deposit.
7. VIOLATIONS, LIENS AND SECURITY INTERESTS
Permittee, at its expense and with due diligence and dispatch, shall secure the
cancellation or discharge of all notices of violations arising from or otherwise in connection
with Permittee's improvements or operations in the Area which shall be issued by any public
authority having or asserting jurisdiction. Permittee shall promptly pay its contractors and
materialsmen for all work and labor done at Permittee's request. Should any such lien be
asserted or filed, regardless of the validity of said liens or claims, Permittee shall bond
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against or discharge the same within ten (10) calendar days of the filing of said
encumbrance. In the event Permittee fails to remove or bond against said lien by paying
the full amount claimed, Permittee shall pay the City upon demand any amount paid out by
City, including City's costs, expenses and reasonable attorneys' fees. Permittee further
agrees to hold City 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
Permittee has contracted or otherwise is found liable for, in respect to the Area. Nothing
contained in this Permit 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.
8. INTERFERENCE
The parties acknowledge that City communication from the Property is critical to
protecting the lives and property of the residents of Miami. If, in the judgment of the City,
any electrical, electromagnetic, radio frequency or other interference shall result from the
operation of Permittee's Facilities, City shall notify Permittee and Permittee 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 Permittee fails to cure the interference problem within said
24 hour period, then Permittee 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 interference. After considering the impact of the
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interference upon the City in its ability to effectively protect the residents of Miami, the City,
in its sole judgment, shall have the option to:
a) require Permittee to immediately cease use of the Area until such time as the
interference problem is corrected; or
b) allow Permittee to continue operating while Permittee 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 Permittee 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 Permit
forthwith, or (ii) may require Permittee to immediately remove from the Area the specified
item of the Facilities causing such interference.
In the event the City exercises "(i)" above, Permittee shall be entitled to a refund of
the Annual Use Fee on a pro rata basis but only if such interference is caused by actions
not under the control of Permittee. In the event the City exercises "(ii)" above, there shall be
no refund or off -set of the Annual Use 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 Permit.
9. UTILITIES
Permittee shall pay for all utilities, including but not limited to, electricity, water,
stormwater fees, gas, telephone, garbage and sewage disposal.
10. MAINTENANCE
Permittee, 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 the period of this
Permit, or as long as Permittee continues to enjoy the privilege granted hereunder.
Permittee shall be responsible for all repairs to the Area required or caused by Permittee's
use of the Area.
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11. LAWS APPLICABLE
Permittee accepts this Permit and hereby acknowledges that Permittee'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 Permit, and Permittee shall comply therewith as the same presently exist and as they
may be amended hereafter.
12. ACCESS
City shall provide Permittee ingress, egress and access to the Area adequate to
service the Area and the Facilities at all times during this Permit at no additional charge to
Permittee.
13. INSPECTION BY CITY
Permittee shall permit City at all hours to have access to the Area to (a) inspect the
Facilities, (b) make technical measurements or tests related to the Facilities in conducting
the inspection and testing of the equipment, City shall not perform any adjustments to
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Permittee's equipment without Permittee's written approval, (c) perform any obligations of
Permittee hereunder which Permittee has failed to perform, and (d) assure Permittee's
compliance with the terms and provisions of this Permit and all applicable laws, ordinances,
rules and regulations.
14. NO ASSIGNMENT OR TRANSFER
Permittee cannot assign or transfer its privilege of entry and use granted unto it by
this Permit.
15. CONDITION OF AREA
Permittee takes the Area "as is" in its present condition and agrees to maintain it in
accordance with Section 10 hereof.
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16. LIABILITY FOR DAMAGE OR INJURY
Permittee releases the City and waives any claims it may have for loss or damage to
the Area, Permittee's Facilities, improvements, fixtures, equipment and/or personal property
arising from a risk required to be insured against under the Hazard Insurance policies to be
carried by Permittee, as described herein, even though such loss or damage was caused by
the claimed negligence of City, its employees, agents or officials.
Any and all injury, breakage or damage to the Area arising from any cause done by
Permittee or its agents, contractors, servants, employees and visitors, or by individuals and
persons making deliveries to or from the Area, which is not covered by City's Hazard
Insurance, shall be repaired by the City at the sole expense of Permittee. Payment of the
cost of such repairs by Permittee shall be due as an additional fee upon demand by City
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. This provision shall not be in limitation of
any other rights and remedies which the City has or may have in such circumstances.
In addition to the above, all personal property of Permittee, its employees, agents,
visitors, contractors, or trespassers, in and on the Area, shall be and remain in and on the
Area at the sole risk of said parties and City shall not be liable to any such persons or party
for damage to, or loss of personal property thereof, including loss or damage arising from:
(i) any act, including theft, or any failure to act, of any other persons, (ii) the leaking of the
roof, (iii) the bursting, rupture, leaking or overflowing of water, sewer or steam pipes or
heating or plumbing fixtures, (iv) short-circuiting or malfunction of electrical wires or fixtures
including security and protective systems, or (v) the failure of the heating or air conditioning
systems; regardless of whether any such loss or damage was insured against under
Permittee's Hazard Insurance. City shall also not be liable for the interruption or loss to
Permittee's business arising from any of the above described acts or causes. Permittee
specifically agrees to save City harmless in all such cases.
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17. INDEMNIFICATION AND HOLD HARMLESS
The Permittee shall indemnify, hold harmless and defend City from and against any
and all claims, suits, actions, damages or causes of action of whatever nature arising during
the period of this Permit, 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 Permittee'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.
18. INSURANCE
Permittee, at its sole cost, shall obtain and maintain in full force and effect at all
times throughout the period of this Permit and through any periods of extensions or
renewals, the following insurance:
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 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.
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
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. "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 Permittee's improvements, fixtures,
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equipment, furniture and all other personal property in and about the Area. The City shall
i be named as a Loss Payee.
JD. Worker's Compensation in the form and amounts required by State law.
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i E. The City reserves the right to reasonably amend the insurance requirements
by the issuance of a notice in writing to Permittee. The Permittee 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, Division of
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Risk Management, 300 Biscayne Boulevard Way, Suite 328, Miami, Florida 33131 with
copy to City of Miami, Office of Asset Management and Capital Improvements, 300
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Biscayne Boulevard Way, Suite 400, Miami, Florida 33131, or such other address that may
be designated from time to time.
G. A current Certificate and Policy of Insurance evidencing the aforesaid
required insurance coverage shall be supplied to the Office of Asset Management and
Capital Improvements of the City at the commencement of the term of this Permit and a
1 new Certificate and Policy shall be supplied at least twenty (20) days prior to the expiration
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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 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 the City or by any of its
representatives which indicates less coverage than required does not constitute a waiver of
the Permittee's obligation to fulfill the insurance requirements herein.
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In lieu of the purchase of commercial insurance policy or policies as required above,
the Permittee may satisfy the insurance requirement by the establishment and
maintenance of a qualified self-insurance fund which would provide protection to the City
equivalent to those specified in the insurance requirement. Such alternative arrangements
must be approved by the City of Miami's, Division of Risk Management, 300 Biscayne
Boulevard Way, Suite 328, Miami, Florida 33131.
In the event Permittee 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 Permittee 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. Permittee's failure to procure insurance shall in
no way release Permittee from its obligations and responsibilities as provided herein.
19. PERMITTEE'S CONTRACTORS
Permittee shall submit the name of any proposed contractor to the City prior to such
contractor performing any work on behalf of Permittee in the Area. Permittee'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 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
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.
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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. Permittee agrees that each such policy shall name City and Permittee 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 Permittee. The contractor shall provide any other
insurance or security reasonaWy.required bar the City.
20. REMOVAL OF FACILITIES
Permittee may remove its Facilities at any time prior to the termination of this Permit.
If any part of the Area is in any way damaged by,the removal of such items, said damage
shall be repaired by Permittee at its sole"cost and expense. Should Permittee 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 Permittee. Permittee 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. Failure to pay
such invoice shall be sufficient cause to revoke this Permit as provided in Section 26 below.
Notwithstanding the above, this Permit may be revoked due to Permittee's failure to repair
the Area as directed without the necessity of City repairing the Area.
If Permittee does not remove its Facilities within sixty (60) days subsequent to the
expiration or termination of this Permit without the written consent of the City allowing the
Permittee to maintain its equipment in the Area, which consent may be withheld, Permittee's
Facilities shall be conclusively deemed abandoned and shall become City's property and
City may remove and/or dispose of such Facilities as City sees fit, all at Permittee's cost
and
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expense.
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21. CANCELLATION BY PERMITTEE
Permittee may cancel this Permit at any time with thirty (30) days written notice to
City.
22. PEACEFUL RELINQUISHMENT
At the expiration of the Permit period, or any extensions and renewals hereof,
Permittee shall, without demand, quietly and peaceably relinquish, its use of the Area in the
same condition or better than it was prior to Permittee's use thereof, except for normal wear
and tear. Such relinquishment also being required, upon demand of the City Manager,
pursuant to the provisions of Section 26 hereof, or as provided in Sections 2 or 21 hereof or
as may otherwise be directed by City.
23. GENERAL CONDITIONS
A. All notices or other communications which may be given pursuant to this
Permit shall be in writing and shall be deemed properly served if delivered by personal
service or by certified mail addressed to City and Permittee 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
City of Miami
City Manager
3500 Pan American Drive
Miami, FL 33133
COPY TO
City of Miami
Office of Asset Management
300 Biscayne Boulevard Way
Suite 400
Miami, FL 33131
PERMITTEE
McCaw Communications of Florida, Inc.
Legal Department
250 Australian Avenue, South
West Palm Beach, FL 33401
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B. Title and paragraph headings are for convenient reference and are not a part
of this Permit.
C. Should any provisions, paragraphs, sentences, words or phrases contained in
this Permit 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 of Miami, 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 Permit
shall remain unmodified and in full force and effect.
24. ADVERTISING
Permittee 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. Permittee 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 Permit.
25. NONDISCRIMINATION
Permittee shall not discriminate as to race, color, religion, sex, national origin, age,
handicap or marital status in connection with its use of the Area and improvements thereon.
26. VIOLATIONS
If Permittee in any manner violates the restrictions and conditions of this Permit,
then, and in the event, after ten (10) days written notice given to Permittee by the City
Manager or his designee within which to cease such violation or to correct such
deficiencies, and upon failure of Permittee to do so after such written notice within said ten
(10) day period, this Permit may be revoked without the need for further action by the City.
27. TAXES
During the term hereof, Permittee covenants and agrees to pay any and all charges,
taxes, or assessments, levied against the Area and improvements, personal property or
17
95- 614
operations thereon, including, but not limited to, ad valorem taxes. Payment thereof shall
commence with and shall include taxes assessed for the current year, if any. The Permittee
further covenants and agrees to pay all of said charges, taxes, or assessments, if any,
lawfully assessed, on such dates as they become due and payable. Failure of Permittee to
pay such as aforesaid shall constitute a Violation and shall be grounds for the immediate
cancellation of this Permit by the City.
28. INTEREST CONFERRED BY PERMIT
Permittee agrees that this Permit is confined solely to the nonexclusive privilege to
Permittee to use the Area as set forth in Section 3 hereof, and no other.
That the provisions of this Permit do not constitute a lease and the rights of
Permittee hereunder are not those of a tenant but is a mere personal privilege to do certain
acts of a temporary character on the Area and that the City retains dominion, possession
and control of the Area. No leasehold interest in the Area is conferred upon Permittee
under the provisions hereof and Permittee 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 this Permit or its
use of the Area hereunder. Permittee 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 Permittee for improvements, construction, repairs, partitions or alterations to the
Area.
29. AFFIRMATIVE ACTION
Permittee 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 handicapped,
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, Permittee shall submit a Statement of Assurance
i
18
- 614
indicating that their operation is in compliance with all relevant Civil Rights laws and
regulations.
30. MINORITY/WOMEN BUSINESS UTILIZATION
I
Permittee 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 of Miami's Office of
Minority/Women Business Affairs. Such lists will be made available to the Permittee at the
time of the issuance of the Permit by the City and updates will be routinely provided by the
City's Office of Minority/Women Business Affairs.
I
31. WAIVER OF JURY TRIAL
Permittee waives a trial by jury of any and all issues arising in any action or
proceeding between the parties hereto, or its successors or assigns, under or connected
with this Permit, or any of its provisions, the relationship of the parties, the Permittee's use
or occupancy of the Area, Permittee's rights thereto, and/or any claim of injury or damage
and any emergency statutory or any other statutory remedy, or otherwise.
32. WAIVER
No failure on the part of the City to enforce or insist upon performance of any of the
terms of this Permit, 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.
33. AMENDMENTS AND MODIFICATIONS
No amendments or modifications to this Permit shall be bindingeither art
on party
unless in writing, signed by both parties and approved by the City Manager.
34. COURT COSTS AND ATTORNEY(S)' FEES
In the event that it becomes necessary for City to institute legal proceedings to
enforce the provisions of this Permit and the City prevails in such proceedings, Permittee
shall pay City's court costs and attorney(s)' fees.
19 9_5- 614
35. 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 Permit are of no force or effect.
IN WITNESS WHEREOF, Permittee has hereunto caused this Permit to be applied
for and has executed the following by its duly authorized officers, as of this day of
1995.
PERMITTEE:
WITNESS:
Signature
Print Name
Signature
i
i Print Name
Signature
Print Name
Print Title
20 9 5 - 614
-� 614
Of 2-
L
Ir�;,1-9 +
r
L L r1 PSI 1,16 �14 „
r
CORPORATE RESOLUTION
WHEREAS, the Board of Directors of MCCAW COMMUNICATIONS OF FLORIDA,
i
INC. desires to obtain a Revocable Permit from the CITY OF MIAMI for use of
approximately 192 sq. ft. of space on the roof of the Police Department Parking Garage
located at approximately 400 NW 2 Avenue, Miami, Florida, which is described in Exhibit A
attached hereto, for the transmission and reception of radio communication signals, in any
and all frequencies not in interference with City's radio communication signals, for the
installation, operation and maintenance of necessary equipment and antennas.
WHEREAS, the Board of Directors of MCCAW COMMUNICATIONS OF FLORIDA,
INC. has agreed to accept this Revocable Permit from the City for use of said space; and
WHEREAS, the Board of Directors has examined the terms, conditions and
obligations of the attached Permit with the City of Miami, for the use of space described in
Exhibit A hereto; and
WHEREAS, the Board of Directors at a duly held corporate meeting has considered
the matter in accordance with the By -Laws of the corporation;
1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
MCCAW COMMUNICATIONS OF FLORIDA, INC., that is
hereby authorized to enter into a Revocable Permit in the name of, and on behalf of this
corporation, with the CITY OF MIAMI, and for the price upon the terms and payments
contained in the attached Permit submitted by the CITY OF MIAMI.
i
i
95- 614
IN WITNESS WHEREOF, this
ATTEST:
Corporate Secretary
Print Name
day of , 1995.
MCCAW COMMUNICATIONS
OF FLORIDA, INC.
By:
President
Print Name
95- 614
L
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
r
To : The Honorable Mayor and Members DATE : SEP - 5 1995 FILE
of the City Commission
SUBJECT : Resolution Authorizing
Issuance of Revocable
Permit
FROM REFERENCES:
Ces io
Cit alter ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to issue a Revocable Permit ("Permit"),
in substantially the attached form, to McCaw Communications of Florida, Inc.
("Permittee"), for use of approximately 192 sq. ft. of enclosed space in the
Police Department parking garage and the roof area of said space (the "Area")
situated on the property located at approximately 400 NW 2 Avenue, Miami,
Florida, said Revocable Permit to be (1) for an initial five year use period,
which period may be extended for five additional one year use periods upon
approval of the City Manager; (2) at an Annual Use Fee of $10,000 for the
initial five year period to be paid in advance and in full; (3) providing for
payment of $50,000 at the time of issuance of a building permit which represents
the total Annual Use Fees due to the City for the five year use period so the
City Police Department may purchase an electronic message center(s); and (4) in
accordance with the terms and conditions contained in said revocable permit;
further providing that if Permittee is unable to obtain a building permit within
120 days of Commission authorization of this issuance, the authorization to
issue said Permit shall be automatically cancelled.
BACKGROUND:
The Office of Asset Management has prepared the attached item for consideration
by the Commission. McCaw Communications of Florida, Inc. is desirous of
locating an unmanned mobile telephone equipment station including the
installation of roof mounted sectorized antennas in the downtown area for the
transmission and reception of radio communication signals for the purpose of
enhancing communication capabilities. The highest point of said roof mounted
antennas shall not exceed 10 ft. in height as measured vertically from the roof
of the Area housing the equipment station. The City of Miami has space
available on the roof of the Police Department parking garage which can be
utilized for this purpose. The highlights of the Permit are as follows:
Use Period: Initial use period shall be 5 years commencing upon issuance of
a building permit. The City Manager may extend this Permit for
five additional one year periods upon request of Permittee
(D7
Annual Use
Fee: $10,000 per year to be paid in advance and in full as follows.
On the Effective Date, Permittee shall pay to the City $50,000
which represents the total amount of consideration due to the
City for the five year use period so the Police Department may
procure an electronic message center(s) [�
95- 614
Honorable Mayor
and Members
of the Commission
Page 2
In the event this Permit is terminated for any
reason except as
a result of Cancellation by
Permittee or a
Violation of the
terms and conditions of the
Permit, the City
shall refund the
Annual Use Fee on a pro-rata
basis.
Extended
Period Use
Fee:
If this Permit is extended
for an additional one year, the
annual fee shall be $10,950
to be paid in
12 equal monthly
installments of $912.50
The Extended Period Use Fee for any additional one year
extensions shall be increased by 42 of the Extended Period Use
Fee in effect for the immediately preceding Permit Year
Security
Deposit: $2,500
Interference: Permittee has performed an intermodulation analysis and has
determined there should be no interference to the police or
emergency communications system.
If interference occurs in the future, the City shall notify
Permittee and within 24 hours of said notification, Permittee
shall analyze the cause of the interference and make such
modifications as are necessary to eliminate same.
If Permittee is unable to cure the problem within said 24 hour
period, then the City shall have the right to:
a) require Permittee to immediately cease use of the Area until
such time as the interference is corrected; or
b) allow Permittee to continue operating while Permittee
exercises due diligence to perform the necessary corrective
work
In either case, if said interference is not corrected within 60
days, the City may (i) terminate this Permit or (ii) may
require Permittee to immediately remove the specified item
causing such interference.
In the event this Permit is terminated, the Permittee shall be
entitled to a refund of the Annual Use Fee on a pro rata basis
but only if such interference is caused by actions not under
the control of Permittee. In the event the City exercises (ii)
above, there shall be no off -set of the Annual Use Fee unless
removal of such item renders the Area completely and fully
unusable
vim` 6-14
FROM AT&T WIRELESS SERVICES INC. - OPS CTR
e6.2e.I995 IsIZ)7
August 28, 1995
Ms. Lori Lutes
City of Miami
Asset Management
300 Biscayne Blvd., Way
Suite 400
Miami, FL 33131
Re: Cell Site MI-59 Lummus Park
Dear Ms. Lutes:
AT&T Wireless 5ervicos
1918 Corporate Drive
Boynton Beach, FL $3426
FAX 407 731-3959
i have performed an intermodulation analysis to determine if the cellular transmitter
located at the police garage will cause any interference to the police or emergency
communications. Based upon this study, there should be no interference to the police or
emergency communications systems,
Please direct any correspondence to me at the following address:
i 1920 Corporate chive
{ Boynton Beach, FL 33426
Fax: 407-375-6525
If you have any questions or comments, please do not hesitate to call me at 407-373-
6515.
Sinc ely yours
Ken Izatt
Senior RF Engineer
Kl:sp
Via Fax to 305-371-9710
Original via First Class Mail
95— 614