HomeMy WebLinkAboutR-86-0663J-86-675
7/23/86
RESOLUTION NO.jqfi=66-3�'-
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT
IN SUBSTANTIALLY THE FORM ATTACHED
HERETO TO FRIENDS OF WLRN, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION,
TO CONSTRUCT A COAXIAL CABLE
INTERCONNECTION FOR THE DADE COUNTY
PUBLIC SCHOOLS, USING THE CITY OF
MIAMI'S RIGHTS -OF -WAY FOR POLE
ATTACHMENTS TO POLES OWNED BY
FLORIDA POWER AND LIGHT RUNNING
GENERALLY BETWEEN 1410 N.E. 2nd
AVENUE AND 111 N.W. 1st STREET.
WHEREAS, the Dade County Public Schools is seeking to have a
coaxial cable interconnection constructed, running generally
between 1450 N.E. 2nd Avenue and 111 N.W. 1st Street; and
WHEREAS, the interconnection is required because Dade County
Public Schools must relocate its eight m'crowave television
transmitters from their present location atop the Lindsey Hopkins
Building to the Metro -Dade Center; and
WHEREAS, the relocation of the microwave transmitters is
necessitated by the deterioration of the Lindsey Hopkins Building
and imminent plans for its demolition; and the need for a higher
location for the transmitters in order to maintain a line -
of -sight transmission path over highrise buildings and other
obstructions; and
WHEREAS, Friends of WLRN, Inc., a Florida not -for -profit
corporation, whose activities are devoted solely to support of
Dade County Public Schools' educational radio and television
services, has agreed to construct the cable interconnection for
the Dade County Public Schools and to be reimbursed for its costs
by Dade County Public Schools under the terms of a five year
lease -purchase agreement; and
WHEREAS, there is an urgent need and it is in the best
interest of the City of Miami, to have the cable interconnection
project completed prior to school opening in September, 1986 to
provide classroom instruction via the transmitters in the junior
7
, 1986.
and senior high schools in the City of Miami and throughout Dade
County;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF NIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
issue a Revocable Permit, in substantially the form attached
hereto, to Friends of WLRN, Inc., a not -for -profit corporation to
construct a coaxial cable interconnection for the Dade County
Public Schools, using the City of Miami's rights -of -way for pole
attachments to poles owned by Florida Power and Light running
generally between 1410 N.E. 2nd Avenue and 111 N.W. 1st Street.
PASSED AND ADOPTED THIS lltbVAY OF
L.
CITY CLERK
MTTY HIRAI
City Clerk
CHAR H. ODIO
City Manager
APPROVED AS TO FORM AND CORRECTNESS:
IMM K.'B"U HERTY
City Attorney
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REVOCABLE PERMIT
1. DESCRIPTION OF PREMISES
The City of Miami ("CITY") hereby issues this ftwocable
Permit to Friends of WLRN, Inc., a Florida not -for -profit
corporation, the ("PERMITTEE"), for the purroser and under
the. conditions hereinafter set forth, allowing said
PERMITTEE to use the Premises described in Exhibit I which
is attached hereto and made a part hereof.
2. TIME
This Revocable Permit shall be valid for a period of
sixty (60) days, commencing on the day of
, 1986, and terminating on the day
of , 194 unless otherwise revoked as
provided herein. This Revocable Permit may, in addition to
the termination which may result from or under the
provisions of Section 15 hereof, be terminated by the City
Commission, with or without cause, by delivery of a written
notice of revocation ten (10) days prior to revocation..
3. PURPOSE
The Premises shall be used for the operation of the
PERMITTEE in order to construct a coaxial cable
interconnection for the Dade County Public Schools to allow
educational classroom instruction in junior and senior high
schools in the City of Miami and throughout Dade County,
using CITY rights -of -way running generally between 1450
Northeast 2nd Avenue and 111 Northwest lst Street (as
delineated in Exhibit I).
PERMITTEE shall not change or modify such use without
the prior written consent of the City Manager.
4, LAVES APPLICABLE•
The PERMITTEE accepts this Revocable Permit recognizing
that all laws of the State of Florida, Ordinances of the
City of Miami and Dade County, Florida# pertaining to the
operation and maintenance of the Premises, including but not
limited to building codes, are made a part of this Revocable
Permit, and the PERMITTEE shall abide therewith as the same
presently exist and as they may be amended.
5. ASSIGNMENT OR TRANSFER
Without the express consent of the City Commission, the
PERMITTEE cannot assign or transfer its privilege of use
granted unto it by this Revocable Permit.
6. CONDITION OF PREMISES
The PERMITTEE hereby accepts the Premises in its
present condition and agrees to maintain them in the same
condition, order and repair as it is in at this time, except
for reasonable wear and tear.
7. MAINTENANCE
The PERMITTEE agrees to maintain the Premises in good
order and, repair at all times during the period of this
Revocable Permit or any extension or renewal.
S.
9.
RISK OF LOSS
The PERMITTEE shall indemnify and save harmless the
CITY against all risk of loss, injury or damage of any kind
or nature whatsoever to property now or hereafter placed on
or within. said Premises, and all risk of loss, injury or
damage of any kind or nature whatsoever to the Premises or
improvements made by the PERMITTEE to the structure or
structures, or to any goods, chattels, merchandise or to any
other property that may now or hereafter be placed upon said
Premises, whether belonging to the PERMITTEE or others,
whether said loss, injury or damage results from fire,
hurricane, rising water or from any other cause or other
contingency, and whether the same be caused by the claimed
negligence of the CITY or any of its employees, agents, or
otherwise, and to keep harmless the CITY from all claims and
suits growing out of any such loss, injury or damage.
INDEMNIFICATION CLAUSE
The PERMITTEE covenants and agrees that it shall
indemnify, hold harmless, and defend the CITY from and
against any'and all claims suits, actions, damages or causes'
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of action arising during the period of this Revocable
r
Permit, and any extensions or renewals hereof, for any
i
personal injury, loss of life or damage to property 4
sustained in or on the Premises, by reason of or as a result
of the PERMITTEE'a use of operations thereon, and from and
against any orders, judgments, or decrees which may be
entered thereon, and from and against all costs, attorney
fees, expenses and liabilities incurred in and about the
defense of any such claim and the investigation thereof.
10. INSURANCE
The PERMITTEE shall maintain throughout the period of
this Revocable Permit, and any extensions or renewals
hereof, the following insurance:
A. General liability insurance on a comprehensive general
liability coverage form or its equivalent, with a
combined single limit of at least $1,000#000 for bodily
-i
injury liability and property damage liability.
Products and completed operations coverage, personal
_ 3
injury, contractual liability, and premises medical
payments coverage shall be included. The CITY shall be
Insured on all insurance
named as an Additional �
policies.
Be The policy or policies of insurance required shall be
so written that the policy or policies may not be
cancelled or materially changed without sixty (60) days I
_1
advance written notice to the City of Miami being
delivered to the Risk Management Division, Finance
Department, 65 Southwest First Street, Miami, Florida
33130.
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C. A current Certificate of Insurance showing the required
coverage shall be supplied to the Property & Lease
Management Office of the CITY. --Insurance policies sF
required above shall be issued by companies authorized
to do business under the laws of the State of Florida,
with the following qualifications as to management and ,
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financial strengths The company must be rated no less
than 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, published by Alfred
M. Best Company, Inc., 75 Fulton Street, New York, New
York.
11, TERMINATION
At the expiration of the Revocable Permit period, or
any extensions and renewals hereof, and as otherwise
provided herein, upon demand, the PERMITTEE shall quit
i
possession of the Premises leaving same in as good condition
as they are now, except for normal wear and tear.
12. GENERAL CONDITIONS
I
A. All notices or other communications which shall or may fi
be given pursuant to this Revocable Permit shall be in
writing and shall be delivered by personal service, or
e. Title and paragraph headings are for; convenient
reference and are not a part of this Revocable Permit.
C. In the event of conflict between the terms of this
Revocable Permit and any terms or conditions contained
in any attached documents, the terms in this Revocable
Permit shall rule.
D. Should any provisions, paragraphs, sentences, words or
phrases contained in this Revocable Permit be
determined by a court of competent jurisdiction to be
invalid under the laws of the State of Florida or the
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City of Miami, such provisions, paragraphs, sentences,
words or phrases shall be deemed modified to the extent E
necessary in order to conform with such laws, or if not ?
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modifiable to conform with such laws, then same shall }
be deemed severable, and in either event, the remaining
terms and provisions of this Revocable Permit shall
remain unmodified and in full force and effect.
13.
ADVERTISING
The PERMITTEE shall not allow any signs or advertising
matter to be placed in or upon the Premises or grounds
without having first obtained the written approval of the
,a
City Manager or his designee. The CITY reserves the right
i
to erect or place upon the Premises an appropriate sign
indicating the CITY's having issued this Revocable Permit.
14.
NONDISCRIMINATION
PERMITTER, shall not discriminate aqainst any person on
account of race, color, sex, religious creed, ancestry or
national origin, in the use of the Premises and the
improvements thereon.
15.
VIOLATIONS
If the PERMITTEE in any manner violates the
restrictions and conditions of this Revocable Permit, then,
and in that event, after ten (10) days written notice eiven
to the PERMITTEE by the City Manaqer within which to cease
such violation or to correct such deficiencies, and upon
failure of the PERMITTEE to so do after such written notice,
this Revocable Permit is hereby revoked automatically
without the need for other or further action by the CITY.
16.
INTEREST CONFERRED BY PERMIT
The provisions of the Revocable Permit do no constitute
a lease and the rights of the PERMITTEE hereunder are not
those of a tenant. No leasehold interest in the Premises is
conferred upon the PERMITTEE under the provisions hereof.
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17. COURT CASTS AND ATTORNEY' S FEES
In the event that it becomes
necessary
for the CITY to
institute legal proceedings to enforce
the provisions of
this Revocable Permit, Permittee
agrees to
pay the CITY's
t
s
court costs and attorneys' fees.
The PERMITTEE hereby acknowledges
that it
has caused this
Revocable Permit to be applied for
by its
respective duly
authorized officers, this day of
, 1986.
ATTEST:
PERMITTEE:
Friends of WLRN, Inc.
t
I
AIWW.A,l
ciTY of MIAMI, FLORIDA
IN'TIIER-OFFICK MIRMORANIIUN
TO;
Honorable Mayor and Members
of the City Commission
FROM: Cesar H. adio
City Manager 10
DATE: S R 3 11 •19
SUBJECT: Revocable Permit
for WLRN, Inc.
REFERENCES:
ENCLOSURES:
FILE:
It is respectfully recommended that the City Com-
y`}
mission approve the attached resolution providing
for a revocable permit for the use of the public's
right-of-way. This request comes to us on behalf
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of the Dade County School Board and The Friends of
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WLRN, Inc., a Florida not -for --profit Corporation so
that a coaxial cable interconnection can be set up
between the school system's headquarters and the
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Metro -Dade Center Building at 111 N.W. 1st Street.
The relocation of the transmitter will allow for
some televised classroom instruction in the public
schools.
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The cable interconnection will be used to deliver television
signals from the School BoardsAnna Brenner Meyer Educational
Telecommunications Center to a new transmitter site for the
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school systems' closed circuit television transmitters. These
'
transmitters are used to broadcast instructional television
programs to all Dade County Public Schools and to relay
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educational and governmental cable programming to cable
television system studios.
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Studies conducted by School Board staff found that the
construction of a cable was the only feasible means for relaying
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these signals. The contractual arrangements are being made by
the School Board with Florida Power & Light and all other
requirements for completion of the cable system have been met.
Construction will begin as soon as permits are issued by the City
of Miami. This system will serve 245,000 students and
approximately 230,000 cable homes in the city of Miami and
throughout Dade County.
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