HomeMy WebLinkAboutR-93-0569J-93-666
9/21/93
RESOLUTION NO. -9 3" v' j 9
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE AN ANTENNA LEASE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH GROVECOMPCO, INC. FOR THE LEASE OF
ROOF AND INTERIOR SPACE AT THE BUILDING
LOCATED AT 2850 TIGERTAIL AVENUE, MIAMI,
FLORIDA, AT A MONTHLY RENT OF $200 PLUS
APPLICABLE STATE AND LOCAL TAXES, FOR THE
PERIOD OF MARCH 1, 1992 THROUGH FEBRUARY 28,
1995, SAID LEASE AGREEMENT TO BE RENEWABLE
UPON THE SAME TERMS AND CONDITIONS, PROVIDING
THE CITY REQUESTS RENEWAL SIXTY (60) DAYS
PRIOR TO EXPIRATION OF SAID LEASE AGREEMENT;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
420601-620.
WHEREAS, Grovecompco, Inc. manages the building located at
2850 Tigertail Avenue, Miami, Florida; and
WHEREAS, on July 28, 1983, the City Commission adopted
Resolution No 83-717 which authorized the City Manager to enter
into a lease agreement for 20,540 square feet of office space for
the housing of City offices at 2850 Tigertail Avenue, Miami,
Florida; and
WHEREAS, City offices have vacated the area and the lease
agreement has expired; however, communications equipment
continues to occupy roof and interior space at the premises; and
WHEREAS, said City communication equipment cannot be
relocated because it is Microwave -Line -of -Sight Equipment and the
vector is reserved by a Federal Communications Commission
license; and
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Resolution No.
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WHEREAS, an Antenna Lease Agreement has been negotiated with
Grovecompco, Inc. for the period of March 1, 1992 through
February 28, 1995, at a monthly rent of $200.00 per month plus
applicable State and local takes;
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 I/ to
execute an Antenna. Lease Agreement, in substantially the attached
form, with Grovecompco, Inc., for the lease of roof and interior
space at the building located at 2850 Tigertail Avenue, Miami,
Florida, at a monthly rent of $200.00, plus applicable state and
local taxes, for the period of March 1, 1992 through February 28,
1995, said Lease Agreement to be renewable upon the same terms
and conditions, providing the City requests renewal sixty (60)
days prior to expiration of said Lease Agreement, with funds
therefor hereby allocated from Account No. 420601-620.
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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93- w9
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Seotion 3. This Resolution shall beoome effective
immediately upon its adoption.
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PASSED AND ADOPTED this 27th day of September 1993.
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XAVIER . SUAREZ, MAYOR
CITY CLERK
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
K. WINN/J NES , III
CITY ATT NEY
BSS:M3848
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ANTENNA LEASE AGREEMENT
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This Agreement is entered on _ _ by the City
of Miami (hereafter referred to as Tenant), and Grovecompco Inc.,
a Florida Corporation (hereafter reffered to as Lessor), located
at 2701 South Bayshore Drive, Miami, Florida, for the lease of
space at 2850 Tigertail Avenue, Miami, Florida.
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1.0 Terms and Conditions
1 The terms of this agreement shall be for thirty-six (36) months,
from March 1, 1992 through February 28, 1995, during which the
Lessor shall allow the Tenant full usage of the designated
area(s) and spaces, as herein specified. This agreement shall be
renewable under the same terms and conditions provided Tenant
requests said renewal sixty (60) days prior to its expiration.
This agreement shall be cancelable by mutual consent of Lessor
and Tenant, subject to the issue by either party to the other.
party of a written notice sent not less than ninety (90) days
before the date of intended cancellation.
Tenant shall pay within thirty (30) days for billed amounts;
otherwise, the Lessor may levy on the Tenant an amount for late
payment not to exceed the maximum allowed by law. Currently,
this amount may not exceed 1.5% of the amount due. However,
Lessor will not levy this late payment penalty on any retroactive
lease payments prior to the date this agreement is executed. The
Tenant shall be responsible for paying all utilities used by the
installed equipment, including electricity and telephone lines,
for which separate metering has been installed. The Lessor shall
charge the Tenant an amount of $200.00 per month plus applicable
State and local taxes, for the yearly lease of the designated
area.
2.0 Lease Description
The space leased to the Tenant is specifically for the occupation
of roof and interior space by communications equipment belonging
to Tenant and used for support of Tenant's communications
activities. The Lessor at no time may interfere, disconnect,
remove, relocate, or otherwise affect the Tenant's equipment in
any manner. The area granted to the Tenant shall be exclusive,
and said area may not be used to place equipment from other
parties, nor as a storage area.
The Tenant and the Lessor agree to mutually cooperate on all
issues related to this lease, and shall not reasonably withhold
permission to construct, move, relocate, or otherwise affect the
equipment inside the Tenant's leased area.
IN WITNESS WHEREOF, Lessor and Tenant have respectively signed
and sealed this Lease as of the day and year written.
GROVECOMPCO, Inc. (LESSOR)
Attest:
By:
Corporate Secretary
Position:
Date:
CITY OF MIAMI (TENANT)
Attest:
(SEAL)
By: (SEA
Matty Hirai, City Clerk
Title:
Cesar H. Odio
City Manager
Approved as to Legal Form Approved as to Insurance
and Correctness: Requirements:
A. Quinn Jones III S. S. Chhabra
City Attorney Risk Management Dept.
EQUIPMENT LIST_
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1. 5000 BTU Air Conditioner
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j 2. Battery charger for Starpoint 5000 Microwave System
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3. Starpoint Microwave Transmitter and Receiver System
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4. Starplex Multiplexer and associated racks
5. Two (2) parabolic dishes for Starpoint Microwave System
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EXHIBIT "A" PAGE 1 OF 1
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13.
GROVECOMPCO
BUILDING RULES & REGULATIONS
ACCESS AND SECURITY PROCEDURES FOR ANTENNA SITE USER
Sidewalks, doorways, vestibules, halls, stairways, and other
similar areas shall not be used for the disposal of trash,
or be obstructed by Lessee or used by Lessee for any other
purpose than entrance and exit to and from the Antenna Site,
and for going from one part of the Building to another part
of the Building.
Plumbing fixtures shall be used only for the purpose for
which they are designed, and no sweepings, rubbish, rags or
other unsuitable material shall be disposed into them.
Damage resulting to any such fixtures from misuse by Lessee
shall be the liability of Lessee.
Signs, advertisements, graphics, or notices visible in or
from public corridors or from outside the Building shall be
subject to Lessor's prior written approval.
Lessee will not make any alterations or physical additions
in or to the Antenna Site without first obtaining the
written consent of Lessor.
Movement in or out of the Building of Site Equipment, or any
other bulky or heavy material shall be restricted to such
hours as Lessor designates. Lessor will determine the method
and routing of said items so as to insure the safety of all
concerned. Advance notice of intent to move such items must
be made to Lessor.
Lessor shall have the authority to prescribe the weight and
manner of how heavy equipment is positioned.
Corridor doors, when not in use, shall be kept closed.
The elevator lobby is to be kept neat and clean.
The disposal of trash or storage of materials is the
responsibility of Lessee.
No birds or animals shall be brought into or kept in, on or
about the Building.
Lessee shall be responsible for the maintenance and/or
replacement of the air conditioning equipment installed in
Lessee's equipment room.
Vehicles must be parked in a proper and orderly fashion.
Lessee will comply with all requirements necessary for the
security of the Building and the Antenna Site both during
business hours, and after hours and on weekends.
EXHIBIT "B" PAGE 1 OF 2 9 3- 5 6 9
In the event of the interference to the Tenant's communication
activity and/or equipment or to other equipment located elsee:here
in the building or on the rooftop, the 'Tenant and. Lessor shall be
jointly responsible for finding the source of interference and
reducing the interference to a level where problems of this
nature no longer exist.
The Tenant shall assure the Lessor that all installed
communications equipment actively complies with all applicable
emission levels for interference. Accordingly, it is the
responsibility of the Lessor to ensure that any and all other
parties which may occupy adjoining areas also actively comply
with FCC rules and regulations on spurious emission and allowable
interference levels.
The equipment to be installed by Tenant at the commencement of
the Lease is attached as Exhibit A and made a part hereof.
Nothing in the Lease may be construed to limit the acts of the
Tenant with respect to installing, removing, relocating,
changing, augmenting, or otherwise affecting the equipment listed
per Exhibit A within the area leased by the Tenant.
The Tenant reserves the right to add equipment to the leased area.
at its convenience, upon notice to the Lessor through an updated
Exhibit A, and upon compliance of emission and interference
standards. Any and all construction, area modifications, or
utility changes will be the responsibility of the Tenant, who
must obtain permission from the Lessor for format and compliance
to the applicable building codes. The Lessor may not withhold
entry to the Tenant's areas for subcontractors of the Tenant,
although the Lessor may specify that certain service entrances
shall be used by contractors, subcontractors, or the Tenant's
personnel.
3.0 Limitations and Exclusions
The Lessor and the Tenant agree to idemnify and save harmless
each other, and their respective officers, agents and employees
from all charges or claims resulting in any personal injury, loss
of life or damage to property, from any act, omission or neglect,
performed by each other's assigned duty. The Tenant's
indemnification and liability shall not exceed the amounts
prescribed by the Florida Statues.
The area granted to the Tenant shall be secured by the Tenant,
and such security shall be strictly observed by the Lessor. The
installed equipment will be remotely monitored by the Tenant for
physical violations, and the Lessor shall be aware that the
police will be dispatched automatically for any physical
violations of said equipment, therefore, the Lessor shall notify
all of Lessor's personnel of the sensitive nature of the Tenant's
area.
Tenant agrees to abide by Grovecompco Building Rules and
Regulations attached as Exhibit B and made a part hereof.
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14. Access to the Building and the Antenna Site shall be by
elevator to the third floor and transfer at that point to
the stairwell leading to the roof.
15. All locks associated with entry to Lessee's Site Equipment
shall remain building standard and no additional locks or
devices shall be utilized.
16. Lessee may gain access to the Building by contacting the
Building Manager, Coconut Grove Bank Building. The Building
Manager or his representative shall accompany Lessee to the
Building, secure the ADT Alarm System and allow access.
Lessee shall in turn contact the Building Manager upon
completion of work at the Antenna Site in order to secure
the Building and activate the alarm system.
17. Access to the Building and to the Antenna Site shall be by
individuals having a need to be there. Lessees wishing to
escort guests to the Antenna Site shall schedule such visits
24 hours in advance during normal working hours with Lessor.
18. All routine service calls to the Antenna Site shall be made
during the period from 8:00 A.M. to 4:00 P.M., weekdays.
19. Lessees are requested to lock all doors leading to corridors
or open areas and turn off all lights when leaving the area.
20. Lessor reserves the right to rescind any of these rules and
regulations and to make such other further rules and
regulations as in its judgement shall, from time to time, be
required for the safety, protection, care and cleanliness of
the Building, the operation thereof, the preservation of
good order therein, and the protection and comfort of the
tenants, Lessees and their agents, employees and invitees.
Such rules and regulations, when made and written notice
thereof is given to Lessee, shall be binding upon it in a
like manner as if originally herein prescribed.
EXHIBIT "B" PAGE 2 OF 2 3 3- 569
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDU
TO
Honorable Mayor and Members
of the City Commission
FROM CeS io
Cit r
RECOMMENDATION
DATE SEP 1 B 19vi J FILE
SUBJECT Resolution Authorizing
Lease with GroveCompco, Inc.
for roof and interior space
at 2850 Tigertail Avenue
REFERENCES For City Commission
Meeting of 9/21/93
ENCLOSURES
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing the City Manager to execute ,a
Lease Agreement, in a form acceptable to the City Attorney, with
Grovecompco, Inc. for the use of roof and interior space by City: --
owned communications equipment in the building located at 2850
Tigertail Avenue, Miami, Florida.
BACKGROUND
Grovecompco, Inc. manages the building located at 2850 Tigertail
Avenue, in which City offices were housed between 1983 and 1991,
and in which City communications equipment continues to occupy
roof and interior space. Said communications equipment may not
be relocated because it is Microwave -Line -of -Sight Equipment and
the vector is reserved by a Federal Communications Commission
license. (The antenna equipment is pointed in a certain approved
direction which does not interfere with other antennas.)
Therefore, an Antenna Lease Agreement has been negotiated with
Grovecompco, Inc. for the period March 1, 1992 through February
28, 1995, at $200.00 per month plus applicable state and local
taxes for the lease of the designated area with funds therefore
allocated from account 420601-620.
It is recommended that the City Commission adopt the attached
Resolution authorizing the City Manager to execute a Lease
Agreement with Grovecompco, Inc. for the rental of roof and
interior space for City communications equipment at 2850
Tigertail Avenue in a form acceptable to the City Attorney.
�A\b 93- '569