HomeMy WebLinkAboutR-82-0667�'
`" RESOLUTION NO.`"Fi r
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A LEASE AGREEMENT WITH THE FIRM
OF HERNSTADT BROADCASTING CORPORATION, a/k/a WKAT RADIO
FOR THE PURPOSE OF CONSTRUCTION, MAINTENANCE
AND OPERATION OF A BROADCAST TOWER AND COMMUNI-
CATIONS FACILITY ON APPROXIMATELY 2.2 ACRES OF
LAND ON VIRGINIA KEY FOR A PERIOD OF 25 YEARS.
WHEREAS, the City Commission has authorized a portion of
Virginia Key for use of a broadcast tower and communications
facility; and
WHEREAS, such use has been declared a public purpose; and
WHEREAS, an appraisal has been made which establishes a
fair monthly rental; and
WHEREAS, requests for proposals have been mailed to approx-
imately 180 prospective bidders; and
WHEREAS, a bid has been received from the firm of Hernstadt
Broadcasting Corporation, a/k/a WKAT Radio;
NOW, THEREFORE, BE IT RESOLVED BY THE COMA4ISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
into an agreement, in substantially the form attached hereto,
with Hornstadt Broadcasting Corporation, a/k/a WKAT Radio
for the construction, maintenance and operation of a broadcast
tower and communications facility on approximately 2.2 acres of
land on Virginia Key for a term of 25 years.
PASSED AND ADOPTED THIS 22ND day of
ATTF�
TY HIRAI
Acting City Clerk,
PRE RED AND APPROVED:
Ass stantaMity Attorney
A PROVE-A,S TO FORM AND CORRECTNESS:
GI QWGE F . KNOX
C' Attorney
JULY , 1982.
MAURICE A. FERRE
MAYOR
CITY COMMISSION
MEETING OB
JUL I��9F, i
.. .. MfMI.N�MiA41�
f
• .�r, � .i�.•. ..-..tin••
I�JTF�R t�FrIC= i 1Ei:'f.^"IAf'C-)U'f
1TO /f S - iad, F
} Vincent Grimm July 7, 1982
Asst. City Manager
—� Requested Input on the
Evaluation of Virginia Key
.P...-Competitive Bidding
Geor
-- - -- City F.--Knox, Jr. ---------- r ``F--------- —--------
City Attorney _
0
Generally, in order to be selected for a contract award, a
bid must be determined to be completely responsive in all
material respects. Deviations from bid requirements should
be evaluated as to whether the deviations are material or
minor.
A deviation or variance from the invitation is material if it
affects price, quality, time or manner of performance or other
things that go into the actual determination of the amount of
bid. Such deviations of bidding material may not be waived
by the public body and the effective bid must be rejected as
non -responsive. Some particular examples of deviations found
in any material in previous court cases include: (1) proposing
to furnish non -conforming equipment, (2) late submission of
bid, (3) materially conditioning or qualifying bid, (4) failing
to acknowledge material addendum to the invitation, (S) fail-
ing to be properly certified to perform the requirement.
Material deviations are distinguishable from minor informali-
ties which are deviations going merely to the form of the
bid or of insignificant dollar impact not affecting the rela-
tive standings of the bidder. Such deviations may be waived.
The mere irregularity of a bid will not justify its rejection
by a municipal body charged with awarding a contract to the
lowest bidder. The failure to technically comply with the
form required, will not defeat the right of the lowest bidder
if it appears after the opening of the bids, that there has
been a substantial compliance with the requirements.
The City has the right to reject any and all bids based upon
ordinance and terms in bid documents. This right, however,
should be exercised only for the compelling reasons in order
to maintain the integrity of the competitive bidding system.
82—GG7.
Vincent Grimm -2- July 7, 1982
Some appropriate grounds for rejection of all bids and
readvertisements of the invitation are: (1) Inaccurate or
ambiguous specifications, (2) Lack of funds, (3) Work is no
longer needed, (4) Acceptable bids are at unreasonable
prices, (5) Illegality of advertising or bidding procedure,
(6) Collusion among bidders, (7) Other reasons in the best
interest of the public body.
GFK/r pc/1
82-667.
Bid 0 81-82-114
Al
A BID
REQUEST FOR PROPOSALS
FOR THE LEASE OF
APPROXIMATELY THREE (3) ACRES
OF
PROPERTY OWNED BY THE
CITY OF MIAMI
ON
VIRGINIA KEY
FOR THE CONSTRUCTION, MAINTENANCE, AND OPERATION
OF
A BROADCAST TOWER AND COMMUNICATIONS FACILITY
132-f 6..
Bid # 81-82-114
u
CITY OF MIAMI
BID PROPOSAL FOR THE LEASE OF CITY -OWNED PROPERTY
FOR THE CONSTRUCTION, MAINTENANCE
AND
OPERATION OF A BROADCAST TOWER
AND
COMMUNICATIONS FACILITY
SUBMITTED BY
NAME
ADDRESS
PHONE NO.
FOR
VIRGINIA KEY
(Please fill this in and use as the cover of your proposal) 82_
E..
APPLICATION AND BID PROPOSAL FOR THE LEASE OF
THREE(3)+ ACRES OF PROPERTY OWNED BY THE CITY
OF MIAMI ON VIRGINIA KEY FOR THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A BROADCAST
TOWER AND COMMUNICATIONS FACILITY
TABLE OF CONTENTS
I. NOTICE OF PUBLIC PROPOSALS
II. DECLARATION
III. PROPOSAL
IV. PROFESSIONAL AND QUALIFYING INFORMATION
V. INDIVIDUAL OR CORPORATE FINANCIAL STATEMENT
VI. INSTRUCTIONS TO PROPOSERS
VII. SOME GENERAL CONDITIONS OF THE LEASE
VIII. EXHIBIT A
1
82-667.
It #
NOTICE OF PUBLIC BID PROPOSALS
LEASE OF THREE (3)± ACRES OF PROPERTY OWNED BY
THE CITY OF MIAMI ON VIRGINIA KEY FOR THE
CONSTRUCTION, MAINTENANCE AND OPERATION OF
A BROADCAST TOWER AND COMMUNICATIONS FACILITY
Sealed Bid Proposals for the lease of approximately three (3) acres of property
owned by the City of Miami on Virginia Key for the construction, maintenance
—� and operation of a broadcast tower and communications facility with all safety
and other equipment required by either Federal, State or local law, and any
other materials and equipment necessary to the operation of a broadcast tower
and communications facility will be received by the City Clerk of the
City of Miami, Florida before 2:00 P.M. on July 19, 1982, in
j the City Clerk's office, 1st floor of the Miami City Hall, 3500 Pan American
i
Drive, Dinner Key, Miami, Florida 33133.
Applicants must have knowledge and experience with broadcast and communications
systems. All proposals shall be submitted in accordance with the instructions
to proposers and the bid proposal specifications, copies of which are available
from the Lease Manager's Office.
The City Commission of the City of Miami reserves the right to accept any pro-
posal deemed to be in the best interest of the City, or to waive any informality
in any proposal, and the City Manager may reject any and all proposals.
I
2
I
10
TO: Howard V. Gary
City Manager
City of Miami,
Submitted
Florida
DECLARATION
day of 1982.
The undersigned, as proposer (herein used in the masculine singular,
irrespective of actual gender and number) declares that the only persons
interested in this Proposal are named herein, that no other person has
any interest in this Proposal or in the contract to which this Proposal
pertains, that this Proposal is made without connection or arrangement
with any other person and that this Proposal is in every respect fair,
in good faith, without collusion or fraud.
The proposer further declares that he has complied in every respect with
all the instructions to Proposers issued prior to the opening of Bid Proposals
and that he has satisfied himself fully relative to all matters and
conditions with respect to the general conditions of the lease to which
the Proposal pertains.
The proposer proposes and agrees, if this Proposal is accepted, to execute
an appropriate City of Miami document for the purpose of establishing a
formal contractual relationship between him and the City of Miami, Florida,
for the performance of all requirements to which the Proposal pertains.
The proposer states that the Proposal is based upon the Proposal Documents
listed by number as follows:
Signature
C72-6L i
PROPOSAL
For the right to lease City -owned property for the construction, maintenance and
operation of a broadcast tower and communications facility on Virginia Key, in-
cluding the furnishing, delivery, installation and maintenance of a communications
system with all safety and other equipment required by either federal, state or
local law, as well as all required permits and approvals (F.A.A., F.C.C., etc.)
The term of the lease between the City and the successful bidder shall be for
twenty-five (25) years from the date the lease is executed and the successful pro-
poser agrees to complete all improvements within two years from the execution
date of the lease agreement.
USE, LOCATION AND ACCESS
This proposal, and any lease agreement or other document entered into by the
parties as a result of this proposal, shall be for the sole purpose of operating
a broadcast tower and a communications facility which will be located on an ap-
pproximate three (3) acre site in approximately the position depicted on Exhibit A
to these bid specifications. The exact description shall be a matter for final
resolution between the successful bidder and appropriate City representatives as
designated by the City Manager. The successful proposer shall have the privilege
= of using this property to provide these services to the public from this general
location. The specific types of communication equipment to be acquired, installed
and used by the lessee shall be a matter for the lessee's discretion, but shall
include provisions for telecommunications disc -type receivers. Lessee shall
agree as a term of the lease that obscene and indecent programming transmission
shall be expressly prohibited from this proposed facility. A permissive easement
for access to the proposed three (3)± acre site shall be granted to the success-
ful bidder. The easement shall run approximately parallel to the existing south
fence line of the Miami Dade Water and Sewer Authority sewage treatment plant,
which is adjacent to the site. Any improvements necessary to provide adequate
access shall be borne in their entirety by the successful bidder. All plans for
the development and construction of the access road shall be subject to the City
-!, Manager's approval.
PUBLIC USE
The City of Miami Commission has found that the proposed use of the land to be
leased for the construction and operation of a communications facility and broad-
cast tower is of a public purpose. The primary use of this new communication
facility and tower will be for the improvement of the City of Miami's communica-
tions system. The City's Fire and Police Departments' communication needs shall
receive top priority in the development and utilization of the proposed communi-
cation system in order to better serve the public.
4
The following will be provided to the City by the lessee at no cost to the City:
1. 400 square feet of space is required for communications equipment.
2. Space on the tower for at least five antennas, which consists of
two (2) Microwave antennas, two (2) UHF antennas (5' long, 1"
diameter) and one (1) Electronic Phase Array Radar antenna. The
Microwave antennas will be 8' in diameter, wind resistant radome
and weigh approximately 50 pounds. Torque guying must be used
with Microwave antennas. Electronic Phase Radar antenna's
physical specifications will be defined within the next three
weeks.
3. Electrical power and utilities necessary for City transmitter
facilities.
In the event that the site is used for satellite antenna facilities, the lessee
or sublessee will provide the City:
4. 51% usage of any cable or other communications system interconnecting
Virginia Key with the mainland for the City's radio control network
including connection to the John L. Knight Conference Center and the
roof of the new Southeast Bank Building when it is completed.
5. Maintenance of communication services between the City's communica-
tions system and the Virginia Key antenna facility via a distribu-
tion point on the mainland.
6. Full-time uplink and downlink communications services including all
electronic peripheral conversion and supporting equipment, if the
site is used for such facilities.
Additionally, the successful bidder will be expected to:
7. Maintain and keep all facilities, including the access road, oper-
ational during the term of the lease.
S. Provide sufficient shielding of uplink antenna so that the radi-
ation level shall meet Federal Occupational Safety and Health
Administration (O.S.H.A.) standards and/or American National
Standards Institute (A.N.S.I.) standards, whichever is more
stringent.
g. Describe in detail the required public services and such other
public services to be provided in addition to the fee bid for the
use of the property.
Antenna and tower specifications shall also include:
10. Full length access for technicians, as required by O.S.H.A. Standards.
11. Tower and antenna installations shall be thoroughly inspected by
qualified personnel at least twice a year and remarked with hazard
and warning labels to insure safety and proper performance.
12. Chain link security fence - 10 feet minimum topped by barbed wire
to prevent vandalism and bodily injury of trespassers.
5
82-66 a .
Furthermore, other governmental agencies, including but not limited to, the
Florida Marina Patrol, the Florida Highway Patrol, and the Florida Department
of Transportation, may be granted use of the facilities by the City.
The City of Miami shall permit, as an incidental use, the use of the tower for
broadcasting purposes and for the installation of telecommunication disc -type
receivers on the premises so that the general public in the City will be
able to benefit from this technology. All other subsequent uses shall be
required to pay their installation and adjustment costs.
All development and construction plans must be approved by the City of
Miami Department of Public Works and City Manager. All work will be subject
to the standard permitting process.
*************
The successful proposer agrees to commit a minimum of 51% of the usage of the
facilities for governmental use, and to maintain in clean and safe condition
all materials, equipment, and the site; including but not limited to all
safety and other equipment required by federal, state, or local law. It is
further agreed that the successful bidder will commence full operations within
two years of the execution of the lease agreement.
*************
The ability of the proposer to perform, based on the total information con-
tained in the proposal documents, as well as the planned public benefits to
be outlined by the proposer in his proposal, and other information acquired
by the City, and not on the financial proposal alone, will be prime factors
in the award of this proposal.
The proposer certifies that this proposal is based upon all conditions as
listed in these proposal documents and that he has made no changes in the
proposal documents as received. He further proposes and agrees if his
proposal is accepted, to execute an appropriate twenty-five (25) year lease
agreement or contract for the purpose of establishing a formal contractual
relationship between him and the City of Miami, Florida, for the performance
of all requirements to which this proposal pertains.
6 82-66 : .
1 i
BID
The consideration to be paid to the City of Miami for the lease of approximately
three acres of City -owned land on Virginia Key, for the sole purpose of the
construction, maintenance and operation of a broadcast tower and communications
facility shall be:
An annual rental fee of dollars ($
to be paid on a monthly basis.
Please note: no bid below $0.48 per square foot per annum will be considered and
will be ruled invalid.
*************
The lessee shall pay the rental fee on the first of each and every calendar month
during the term of the lease. If the term of this lease shall begin during a
calendar month, then in order that the base rent may be placed on a calendar month
basis, the rent or such portion of the particular month at the beginning of the
term shall be apportioned and paid on the basis of a month of thirty days. The
base rent shall be paid to the City in legal tender of the United States of America
without any demand therefor at the Office of the Director of Finance of the City,
or at such other place as the City may from time to time designate by notice in
writing. The annual base rent shall be subject to increase in accordance with the
provisions provided below as regarding the Consumer Price Index (CPI). The lessee
shall pay any and all applicable sales and/or use taxes on the base rent and any
increases thereto or any other taxes or charges imposed upon or resulting from
occupancy and use of said property. It is understood that the Florida State Sales
and Use Tax on rental payments shall be added to the lessee's rental payment and
forwarded to the City as part of said payments. It is the intent of the City that
it is to receive the rental amount as net, free and clear of all costs and charges
arising from or relating to said demised premises.
*************
The base rent payable under this lease shall be increased as follows:
Cost of Living.
(i) The base rent for each year of the term of this lease shall be increased
by a percentage equal to the percentage increase of the Consumer Price
Index --US average (hereinafter referred to as "CPI") issued by the United
States Department of Labor on each anniversary date of this lease over
the amount of the CPI on the 1st anniversary date of this lease. All such
percentage increases shall be paid equally over the twelve months of the
lease year and such increase will be computed and paid for each lease
year with the first such payments to commence on the second anniversary
date of this lease.
(ii) In the event that the CPI as now published is not available at any time
during the term of this lease or has been altered or modified then the
parties shall use such other index as may be substituted for the CPI by
the United States Department of Labor to measure general increases in
82--66 _ .
1 0
prices inflation. Any such substituted index shall be applied by
the parties hereto as interpolated, so as not to reduce the addi-
tional rent merely by virtue of the change in the index use or
the formula by which the index is determined. It is the intent
of the parties that this provision shall at all times cause the
base rent to be increased annually in proportion to any decrease
in the purchasing power of the United States Dollar and any in-
crease in the cost of living. Nothing contained herein shall
cause the rent and/or additional rent paid in any year to be less
than the rent and/or additional rent paid in any prior year.
(iii) The CPI increase to the base rent shall accrue commencing with
the second anniversary date of this lease and the first such
payment thereof shall be on the first day of the month follow-
ing notice by the Lessor to the Lessee of the amount of such in-
crease. The first such additional rent payment each year shall
include the additional rent payments for that year which accrued
but have not yet been paid.
8 8ri�"sF.► ;�
THIS BID PROPOSAL SUBMITTED BY
WM
WM
Name of Firm, Corporation, or Individual
ra
Address of Firm, Corporation, or Individual
i
Telephone Number
(Signature) (Title)
(Signature) (Title)
(If Corporation, Please Affix Corporate Seal)
I t
PROFESSIONAL AND QUALIFYING INFORMATION
This questionnaire is to be submitted to the City Manager and City Clerk of the
City of Miami, Florida, by the bidder, along with the Proposal submitted for
this lease offering. Do not leave any question unanswered. When a question
does not apply, write the word "None".
1. County -Municipal Occupational License No. (if any):
2. Classification:
3. Expiration Date:
4. Metropolitan Dade County Certificate of Competency No:
5. Insurance Expiration Date:
6. Years you or your organization has been in business:
7. How many years experience in operations of the type required by this bid
specification have you or your organization had?
8. Experience record: List not more than five recent operations of this type
you have engaged in:
1.
2.
3.
4.
5.
9. References: Give three references as to experience and ability:
2.
3.
IO 82-66 :. .
10. Person or persons interested in submitting this Proposal (have) (have not)
previously had any communications licenses or contracts and/or leases
cancelled before expiration date: (Strike out inappropriate words)
If so, give details below:
11. Have you carefully inspected the lease site?
(Yes or No).
12. Person or persons interested in this Bid and Qualification Form (have)
(have not) been convicted by a Federal, State, County or Municipal Court
of any violation of law, other than traffic violations. (Strike out
inappropriate words.)
Explain any convictions:
The undersigned person and/or persons hereby certifies that the above information
is true and correct.
Name of Firm or Corporation
(Seal)
Signature
(Seal)
Signature
11 82-66 :'.
INDIVIDUAL OR CORPORATIONS
FINANCIAL STATEMENT
mAut
-- ---• — —� __ tent '
Kmtjm; OR
OCQWAl10N�_
m THE CI'T`V OF MIAMI. FLORIDA
TO PERMIT TFIE CITY TO 14EVIEW AND EVALUAIL THE FINANCIAL A81L11Y ')F THE UNOEP.1,,f1ED To PE4Fr,NH Tf E I:EOUIPEO S:H.
VICES, THE UNDERSIGNED MAKES THE FOLLOWING S1ArEMENT GF—__FINANCIAL C'_,Nf),T+JN AS OF .HE CLCSE � f BuSIp�ESS Ott
THE DAY OFy _lf AND CERTI1:IES TO TEE AEOVE-%AIAEO :'IT', Nl T THE fNF')A0+T+UP4 HLRUINAI 'E9 SET FC,141n
IS IN ALL RESPECTS TRUE, ACCURATE AND COMPLETE ANG CORRECTLY REFLECTS THE FII4ANC1,.;. CONDITION OF 1H- UNDERSIGNED
ON THE DATE AFOREMENTIONED.
(FILL ALL BLANKS, WR:TIlIG "NO' OR "NONE' $r IERE NECESSARY 10 COMP•LE1'E INI ORMATION ,
.. ct-sic-==�m'.�a---.sa�c:.s y+sa•1a: ci.t_ Rl._ ��•— r._,. :,,az•z si_r:
ASSETS l`w II�'1rrs
�cp l�ra.u�la� rr••��---, � aas�...ei ,.w+a:.u.n a.lar. .. �..+....s.ararjrz•-- .ussatr.__.
CASH ON HAND AND IN 11J�K�_�_.__ _4NOTES PA"AAA! E TO +TANKS yu sunmm u.
ROTES RICkIVAEtLE_ It NOTES PAYAEt E I 0114ERS 'sic
ACCOJUT11 RE'CElVAXLK __- �_ _ I� A:COUNTS PAiA6LE lwckMt+ t►+__ ___ _ _ , _ __� _
IwillClt/.NDISE -- _ -- -_ TAXES DUE__ ---'--- - _ -- _ - j--
UFk (NSURANCr4'd� l ifi�m'creV -•-
(tic MOTOLWOe AIMt _. ._ i:Ett7 OUE-__--- _---- .- _ _ -.-. -. _.2
SEWRO1193 (olz IrMIL t —_ LGANS AGA INS t l l f l_—
Ol" m CL'RLDII' Awers (mumA)— _- __ A_CRUtr. EXPIL.NSF.S
REAL ESTATE !'OR76AGE5_
NPAL ESTAT[ jtttltt:AtlA.-La __ ___._ __ RESERVES (ttsstuc �----__`- _--._ -_ -•--- _--_ _ . _y_. _-_
MAC►'tplZR ftmITURE O IT1i:Rll i
PIWA1D tXPrN% _._.. _ -.__� r_ OTHER LMOILIT►ES prtm:te+__ --•.-_- _ • -- _ — I ___j��
TOTAL LIASILITiE$.-__
NET WORTH (I+ W1I!$0=P nATtvL—
CAPITAL STOCK (I► tMCDIYort►Tcr �.—._ _ _ — —_ -
►R[Fk-RRED__ SNARLS
COMMON SNARE!
TOTAL
I MwYa wrrA aYc�..�aM�„rr�r.w..r • ��. �i
C0111114CRT UAYILITIES
I IWIJiY AS FADONSEF. Oa MOTES OF OTI:[C[ ALL OTHER t:ONTtNGEKT LIAR
IJAll:W-,V AS QL+k"41TL (tit MiRi7T FOR. Dfolf"
OF OTf:03_ r „�
U/siLtTY F1Dk JLDy#[!IYS OR SU:li PE!(D7N%-- TOTAL CUNTINIAh
S'i A't'EMENT OF PROFIT AND LOSS
1
T
....a.. aa..aa,as�,sisecassa s —•-'t�
RR nir A 1-31. h.:� _ ._.�. __----AND
RUT SAIf.S`�
f
OPERATING„_--
._
_ _
^
I
OOEI
TOTAL ll:V[hTO.tIZJ Al FL
OTHER IMAM!:
BINNING OF PEN°O
APD PUkQV p'- C UIE:IuG
INVESTMCNl6 -- ---
-- - j
Pf1110O—
CASH DIXCOUNTS RECEIVEO_1---1
� :�7AC W5; ��
DA1'
OTHER—__-----
w�-1
•r..'
CCLLOU OF PI RIO
•ROtS PROFIT
OTHER EX►E►SES:
ADMINI>,TIEATIVE QVIERAL. AND
SEL. NG 0I1 "S: INTEREST
PROPRIRTOR'S [ALARM CASH DISCOUNTS 6IV 1
DQAttC1AT10 ML/ DENTS
SELLING LXPpI OTHER ___
owe% TOTAL
NET PROFIT OR LOSS TO ^ -'
TOTAL NET WORTH OR SURPLU&_ --- - _
12
but to 1ANKS
agree ee rlw
TOTAL DUE TO SANKS t
OCE TO OTHERS Iltemi2e eery debt eve? S109i
"a a/ catMta onea OP Oor
ALL OTHER DEBTS NOT SHOW11 ABOVE 1
TOTAL DUE TO OTHEI:S I
acu EtTllTE
tOt%1TtOP: AIIG 0[YMfpll
►UO/1m
COST
rttKf[t0 1'cttJt
/n[ iR7YR&R:[
Mt;[JTT Y4LUt
------r1-'
raltswat
^-'
Kinot �"
MH[N O1J!
I__�_-Z�
--
--_
------
___ --1---
THE LEGAL AND EQUITABLE TITLE TO ALL THE (TEAL ESTATE LISTED ABOVE IS SOLELY IN MY NAME. EACFPT AS 1`01A ONS --. - -_ _. -.
SECURITIES OWNED
aorta or aY1iRt O[[a n r lolk or tR W Ri l I
Irma
LIFE INSURANCE
LOW""
I
OTHER INSURANCE
r IRR[t Y11lUl lA:t t[�R- IQ OMOY 1llDp[L
tax AlPDNR
OPP'ORR:t
WMRl71D[�
ru_u[
AC►IR�T
rcauT
•0.9luail ---�,
to WHOM ►OUft It •[M&M"
IN SUBMITTING THE FOREGOING STATEMCNT THE UNDERSIGNED GUARANTEES ITS ACCURACY WITH THE INTENT THAT IT OE RELIEO
UPON BY THE AFORESAID CITY, AND WARRANTS THAT HAS NOT KNOWINGLY WITHHELD ANY INFORMATION THAT MIGHT AFFECT
THE DECISION OF THE CITY TO TRANSACT BUSINESS OR ENTER INTO CONTRACTURAL ARRANGEMENTS WITH THC UNOCRSIONEO.
amity AT _ SIGNATURE
Twill -my OI 1e -- -
13' "� •
INSTRUCTIONS TO PROPOSERS
i. SUBMISSION OF PROPOSAL: Submit Proposal (consisting of "DECLARATION"
and "PROPOSAL") on one set of the forms as furnished in the Proposers
envelope, together with the forms entitled "Professional and Qualifying
Information" and "Individual or Corporate Financial Statement".
Submit the aforementioned documents in the envelope provided, which
shall be sealed and marked so as to clearly indicate its contents and
the name of the Proposer.
Whether forwarded by mail or personally delivered, the above -mentioned
envelope must be received by the Office of the City Clerk, Miami City
Hall, 3500 Pan American Drive, Miami, Florida 33133, prior to the date
and time stated in the Advertisement for Proposals.
2. QUALIFICATIONS: Prospective Proposers shall have no record of pending
lawsuits, criminal activities, etc., and shall not have conflicts of
interest which can be of embarrassment to the City of Miami. This
latter qualification may be satisfied by submission of a notarized
affidavit to that effect with the proposal submission.
3. PRICE PROPOSAL: Prices shall be stated in both words and figures in the
appropriate places in the Proposal form. In the event that there is a
discrepancy between the price written in words and the price written in
figures, the former shall govern.
4. SIGNATURE OF PROPOSER: The Proposer must sign the Proposal in the spaces
provided for signatures.
If the Proposer is an individual, the words "Sole Owner" shall appear
after his signature.
If the Proposer is a partnership, the work "Partners" shall appear
after the signature of one of the partners.
If the Proposer is a corporation, the signature required is the officer,
officers, or individual authorized by its by-laws or the Board of
Directors, with official corporate seal affixed thereto.
5. BID SECURITY: Each proposal shall be accompanied by a Bid Security which
shallbe a Certified Check in the amount of $1,000.00. Certified checks
will be returned within ten (10) days after the City of Miami and the
accepted Bidder has filed an acceptable Performance Bond. If sixty (60)
days have passed after the date of the formal opening of the bids, and
no Contract has been awarded, the Certified Checks of all Bidders will be
returned on demand. Failure to execute an Agreement of lease and file an
acceptable Performance Bond, as provided herein, within ten (10) days after
written notice has been given, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City. This forfeiture
14
bz--s6
shall be considered not as a penalty but in liquidation of damages sus-
tained and expenses incurred by the City. Award may then be made to
the next highest responsible Bidder, or all Bids may be rejected, or the
project may be readvertised.
6. REIMBURSEMENT OF COSTS: In addition to other price considerations here-
under, the successful proposer shall reimburse the City at the time of
execution of the agreement by the City Manager all costs involved in
preparing the bid documents and in securing property appraisals.
7. REJECTION OR ACCEPTANCE OF PROPOSALS: The right is reserved by the City
of Miami to accept any Proposal deemed to be in the best interest of the
City, to waive any irregularities in any Proposals, to reject any or all
proposals, or to readvertise for proposals, if desired. In making such
determination, the City's consideration shall include but not be limited
to the following:
(A) Financial
(B) Experience, financial qualifications, and professional
reputation of proposers.
The successful proposer will receive an official letter from the City of
Miami notifying him of acceptance of his proposal and awarding him the
privilege of executing a lease to be prepared by the City.
Any proposal which is incomplete, conditional, obscure or which contains
irregularities of any kind, may be cause for rejection of the proposal.
In the event of default of the successful proposer, or his refusal to
enter into the City of Miami lease, the City reserves the right to ac-
cept the proposal of any other proposer or to readvertise using the same
or revised documentation, at its sole discretion.
8. WITHDRAWAL OF PROPOSAL: Any proposal may be withdrawn prior to the final
time for receipt of proposals, as scheduled in the Advertisement for
Proposals.
9. INTERPRETATION OF PROPOSAL DOCUMENTS: Each proposer shall thoroughly
examine the Proposal Documents, and judge for himself all matters
relating to the location and the character of the services he agrees
to perform. If the proposer should be of the opinion that the meaning
of any part of the Proposal Documents is doubtful, or obscure, or con-
tains erros or omissions, he should report such opinions to the City
Manager at least ten (10) days before the date of formal opening of
proposals, in order that appropriate addenda may be issued by the City
Manager, if necessary, to all prospective proposers before Proposals
are filed with the City Manager of Miami. The City Manager will not be
responsible for oral interpretation given either by himself or members
of his staff, the issuance of a written addendum being the only official
method whereby such interpretation will be given.
15
82-6671
10. PROTECTION OF RIGHTS OF CITY: The City Manager reserves the right to
include in any contract document such terms and conditions as he deems
necessary for the proper protection of the rights of the City of Miami.
11. PROPOSAL DOCUMENTS: The Proposal Documents shall mean and include the
following:
i
(A) Notice of Public Proposals
(B) Declaration
(C) Proposal
(D) Professional and Qualifying Information
(E) Individual or Corporate Financial Statement
(F) Instructions to Proposers
(G) Some General Conditions of the lease
(H) Exhibit A
16
82--s67.
SOME GENERAL CONDITIONS
DEFINITIONS
1. Ci ty: The City of Miami, Florida
2. Commission: The City Commission of the City of Miami, Florida,
being the legislative body of the City.
3. Lessee; The person whose Proposal shall be accepted by the
Commission and who shall thereafter enter into a
formal Lease !Agreement with the City for the property
described herein.
4.
Pronouns:
The masculine pronoun shall include the feminine and
neuter and the singular shall include the plural.
5.
Person:
Any individual, partnership, society, association,
joint stock company, corporation, estate, receiver,
assignee, or capacity, whether appointed by Court
or otherwise, and any combination of individuals.
6.
Bidder or
Any person who submits a Proposal for the City
Proposer:
property described in the Notice of Public Bids.
7.
Proposal
The Proposal Documents shall mean and include the
Documents:
following:
a. Notice of Public Proposals
b. Declaration
c. Proposal
d. Professional and qualifying information
e. Individual or corporate Financial Statement
f. Instructions to Proposers
g. Some General Conditions of the lease
h. Exhibit A
17
82-6-67.
TERM OF AGREEMENT
The term of the agreement between the City and the lessee shall be for a
period of twenty five (25) years from the date of execution of the
agreement.
PURPOSE OF AGREEMENT
The agreement between the lessee and the City shall be for the sole purpose
of leasing three (3) + acres of property owned by the City of Miami on
Virginia Key for the construction, maintenance, and operation of a broadcast
— tower and communications facility for the general public and the lessee
shall confine his activities to those pursuant to the agreement and shall
not carry on any other business on City Property without specific written
authority of the City Manager or his authorized representative. Specifically
prohibited shall be the transmission of obscene or indecent programming from
the proposed communication facility.
AREA OF LEASE
The areas designated for the lease specified in this agreement shall be
approximately as shown on Exhibit A to the agreement. The exact description
shall be a matter for resolution at the time of execution of the lease.
FACILITIES
The 3 acre site, as illustrated in Exhibit A, is unimproved. All site
development will be the sole responsibility of the lessee and the City makes
no guarantee as to the conditions on the site.
A permissive easement for access to the proposed site will be granted to the
lessee. It will run approximately paralled to the existing south fence line
of the sewage treatment plant. Any improvements necessary to provide
adequate access shall be borne in their entirety by the successful bidder.
All development and construction plans for the facilities are subject to City
approval.
UTILITIES
All utility lines will be provided to the site by the lessee. The lessee will
be responsible for the provision to the City of all necessary utilities at
no cost to the City throughout the term of this lease agreement.
MAINTENANCE
The lessee shall be solely responsible for maintenance of all equipment and
facilities utilized by him in his lease operations.
18 82-6 i
APPEARANCE OF PREMISES
The lessee shall have a neat and orderly operation at all times and shall be
solely responsible for the necessary housekeeping services to properly
maintain the premises. No signs or advertising shall be placed on the premises
unless first approved by the City Manager or his authorized representative, in
writing. There shall be no living quarters nor shall anyone be permitted to
live or cook on the premises. The lessee shall make available all areas of
the premises under his control for examination at any time by the City
Manager or his authorized representative.
ALTERATION OF PREMISES
No alteration or addition shall be made to the premises, or any part thereof,
without first having obtained the written consent of the City Manager or his
authorized representative. Authorized alterations or additions shall be made
at the lessee's expense and shall become the property of the City of Miami
at the termination of the lease Agreement.
SECURITY
The lessee must provide any security measures which may be required to protect
his area and his equipment, materials, and facilities. Said Security
measures may not violate other restrictions of this Agreement.
TRASH, RUBBISH, AND GARBAGE REMOVAL
The lessee shall provide at his expense all garbage, trash, and rubbish
receptacles within the confines of his area, and shall provide a sufficient
number of these receptacles for his own use. Dumping of receptacles and removal
of trash, rubbish, and garbage shall be the responsibility of the lessee.
PERFORMANCE BOND
The lessee shall, within ten consecutive calendar days after final execution
of the agreement, furnish to the City a performance bond in the penal sum of
$100,000 for the payment of which he shall bind himself for the faithful
performance of the written agreement. A $100,000 cash deposit with the City
will suffice to meet this requirement, but if the lessee does not desire to
make a cash deposit then the form of the performance bond shall be as
required by the City.
19 82--66 :'
AUDITING OF ACCOUNTS
The lessee shall, upon demand, make available locally, books of account
and financial statements to authorized representatives of the Office of
Internal Audit of the City.
COMPLIANCE WITH CITY, COUNTY, STATE, AND FEDERAL LAW
The lessee shall comply with all rules, regulations and laws of the City of
Miami, Dade County, the State of Florida, or the U.S. Government now in
force or hereafter to be adopted.
CERTIFICATES, LICENSES AND TAXES
The lessee may be required to obtain and pay for a City Occupational
license and all necessary licenses for his operation. He shall also be
solely responsible for payment of any and all taxes levied on his operation.
INSURANCE
The lessee shall carry and maintain in full force and effect, at all times
during his operations on City property, a comprehensive general liability
insurance policy, including contingent liability, in amounts not less than
a combined single limit of $1,000,000 per occurrence for bodily injury and
property damage. Said insurance policy shall provide that the City be given
at least thirty (30) days prior written notice of substantial changes to, or
cancellation of, said policy. The City of Miami shall be named as an
additional insured. The policy and the insurance carrier must be acceptable
to the City of Miami Risk Management Division, and a copy of an insurance
certificate shall be on file with the Lease Manager, City of Miami Finance
Department, 65 S.W. 1st Street, Miami, Fi 33130, before the lessee can
commence any operations or construction on the premises. All insurance
policies required shall be issued by companies authorized to do business
under the laws of the State of Florida. Minimum qualifications of the
insurance company are that it be rated no less than "A" as to management and
no less than Class 10 as to strength by the latest edition of Best's Insurance
Guide, published by Alfred M. Best Co., Inc., 75 Fulton Street, New York, N.Y.
HOLD HARMLESS
The lessee shall indemnify and save harmless the City against any and all
claims, suits, actions, damages or causes or action arising during the term
of the agreement for any personal injury, loss of life, or damage to property
sustained in or on the operator's premises by reason of or as a result of
operator's use, activities, and operations thereon; 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 the defense of
any such claim and the investigation thereof.
20
82-6 f .
i
ASSIGNMENT OF AGREEMENT
The lessee shall not, at any time during the tenure of the Agreement,
sublet any part of his lease premises or assign any portion or part of it,
except under and by virture of permission granted by the City Commission
through the proper officials.
DISCRIMINATION
There shall be no discrimination as to race, color, creed, or national origin
in the operations referred to by this lease agreement.
SUBLEASE
The lessee may sublease that portion of the facility not utilized for public
purposes to other parties upon the approval of the City Commission.
21
82-66 . .
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PROPOSED
+•.. 1, •- -. � �� �1.'� �
i
LEASE AGREEMENT
Between
THE CITY OF MIAMI
and
'YPROPOSED
I
LEASE AGREEMENT
Between
THE CITY OF MIAMI
and
82-66 . , .
0
LEASE AGREEMENT
TABLE OF CONTENTS
PREAMBLE
1. DESCRIPTION OF PREMISES
2. TERM
3. USE OF PROPERTY AND DEVELOPMENT OF BROADCAST FACILITY
4. EASEMENTS
S. CONSTRUCTION AND RIGHTS TO CONSTRUCT ADDITIONAL FACILITIES
6. CONSIDERATION
7. COVENANTS OF CITY
8. F.C.C. APPROVAL
9. GRANTING OF RIGHTS TO CO -USERS BY WKAT
10. SUBSEQUENT REQUIREMENTS OF CITY FOR CHANGE OF FACILITIES
11. NON-DESCRIMINATION
12. PERMITS
13. PERFORMANCE BOND
14. LICENSES
15. TAXES
16. BOOKS, RECORDS, ACCOUNTS AND STATEMENTS
17. EXAMINATION OF PREMISES BY THE CITY
18. DEFAULT
19. INSURANCE
20. INDEMNIFICATIONS
21. DAMAGE OR LOSS TO WKAT'S PROPERTY
22. MAINTENANCE OF PROPERTY
23. TRASH, RUBBISH AND GARBAGE REMOVAL
24. UTILITIES
25. NOTICES
26. ATTORNEYS' FEES
27. CONFORMITY TO THE LAW
28. PLEDGE OF LEASEHOLD INTEREST
-i-
29. ASSIGNMENT AND SUBLETTING OF PREMISES
30. BINDING ON SUCCESSORS
31. OWNERSHIP OF IMPROVEMENTS
32. MISCELLANEOUS
33. CAPTIONS
r
LEASE AGREEMENT
THIS LEASE AGREEMENT made this day of July, 1982,
between the CITY OF MIAMI, a Municipal corporation of the State
of Florida, hereinafter called the "City", and
WITNESSETH:
WHEREAS, the City of Miami has advertised f'or and
received development proposals by bid invitation for the lease of
approximately three (3) acres of property owned by the City on
Virginia Key for the construction, maintenance and operation of a
broadcast tower communications facility; and
WHEREAS, the proposal as presented by is in the
best interest of the public; and
WHEREAS, the proposal contemplates the furnishing,
delivery, installation and maintenance of a broadcast tower
communications system with all safety and other equipment required
by federal, state or local law, as well as all required permits
and approvals; and
NOW, THEREFORE, in consideration of the premises and
the mutual covenants and conditions herein contained, it is
agreed by the parties hereto as follows:
1. Description of Premises.
The City hereby leases untc for the purpose and
under the conditions hereinafter set forth, the following described
i
real property consisting of approximately two point two (2.2)
! acres (hereinafter referred to as the "Property"), located on
Virginia Key, City of Miami, Dade County, Florida, legally de-
scribed as follows:
I
2. Term.
The term of this Lease Agreement shall be for twenty-
five (25) years from the date hereof.
3. Use of the Property and Development of Broadcast Facility.
The Property leased hereunder shall be used solely for
the construction, maintenance and operation of a broadcast tower
and communications facility and no other business activities
shall be carried on at said Property without the specific written
consent of the City Manager or his authorized representative,
which consent shall not be unreasonable withheld. The transmis-
sion of obscene or indecent programming from the facility is
specifically prohibited. The facility shall be located in approxi-
mately the position depicted on Exhibit A attached hereto.
It is understood and agreed between the parties that
all site development will be the responsibility of and the
City makes no guarantee as to the condition of the site. All
development and construction plans for the facility shall be
submitted to the City for its approval which approval shall not
be unreasonably withheld. The specific types of communication
equipment to be acquired, installed and used by in the
construction of the facility shall be a matter for its sole
discretion but shall include provisions for telecommunications
disk -type receivers.
A primary purpose of the broadcast facility shall be
for the improvement of the City's communication system. The
City's Fire and Police Department's communication needs shall
receive high priority in the development and utilization of the
system so as to better serve the public needs.
Additionally, shall provide to the City at no cost
to the City the following:
(a) A maximum of four hundred (400) square feet of space
within the building constructed upon the leased premises
for use by the City in the storage and operation of the
City's communications equipment to be maintained by the
City on the premises.
(b) Space on the broadcast tower for the installation for
use by the City of five (5) antennas, consisting of two
-2-
82-GG : .
(2) Microwave antennas, two (2) UHF antennas [five (5)
feet long, one (1) inch diameter] and one (1) Electronic
Phase Array Radar antenna. The Microwave antennas will
be eight (8) feet in diameter, wind resistance radome
and weight approximately fifty (50) pounds each.
Torque guying shall be used with the microwave antennas.
The Electronic Phase Radar Antenna's physical specifica-
tions will be defined by the parties within one (1)
month from the date of this Lease.
(c) Electrical power and utilities necessary for the City
transmitter facilities.
Should use the site for construction of satellite
antenna facilities or its sublessee shall further provide to
/
the City the following:
(a) Fifty-one percent (51%) usage of any cable or other
communications system interconnecting Virginia Key with
the mainland for the City's radio control network
including connection to the John L. Knight conference
center and the roof of the new Southeast Bank Building
when it is completed.
(b) Maintenance of communications services between the
City's communications system and the Virginia Key
antenna facility via a distribution point on the main-
land.
(c) Full time uplink and downlink communications services
including all electronic peripheral conversion and
supporting equipment, if the site is used for such
facilities.
The broadcast antenna and tower specifications shall
include the following:
(a) Full-length access for technicians, as required by the
Federal Occupational Safety and Health Administration
standards (O.S.H.A.).
(b) The tower and antenna installation shall be thoroughly
inspected by qualified personnel at least twice a year
and remarked with hazard and warning labels to insure
safety and proper performance.
(c) A chain link security fence ten (10) feet minimum in
heighth topped by barbed wire so as to attempt to
prevent vandalism and bodily injury of tres _)assers
shall be installed.
Additionally, shall perform the following:
(a) It shall maintain and keep all facilities, including
the access road, operational during the term of this
Lease.
(b) It shall provide sufficient shielding of uplink antennas
so that the radiation level shall meet O.S.H.A. standards
and/or the American National Standards Institute (A.N.S.I.)
standards, whichever is more stringent.
(c) In addition to making the facilities available to the
City as defined above, shall provide space as
required'for other governmental agencies including but
not limited to the Florida Marine Patrol, and the
Florida Department of Transportation as well as the
City of Miami's Fire and Police.
-3-
The City shall permit and shall utilize the tower
constructed upon the leased premises for broadcasting facilities
and for the installation of telecommunication disc -type receivers
so that the general public in the City will be able to benefit
from this technology. All development and construction work to
be performed by shall be subject to the standard permit
process.
shall maintain in clean and safe condition all
materials, equipment and improvements constructed upon the premises
as well as the premises leased hereunder; including but not
limited to all safety and other equipment required by federal,
state or local law. The City shall cooperate with in con-
nection with the installation and construction of all necessary
safety features so as to assist in expediting the construction
of the improvements upon the premises.
4. Easements.
This City does hereby grant unto a perpetual
easement for the term of this Lease and any renewals thereof for
the purpose of access to the leased premises which easement shall
run approximately parallel to the existing south fence line of
the Miami -Dade Water and Sewer Authority Sewage Treatment Plant
located adjacent to the Property. Any improvements necessary to
provide adequate access across said easement area shall be borne
by All plans and specifications for the development and
i
! construction of the access road across the easement property
shall be submitted to the City Manager for his approval which
approval shall not be unreasonably withheld. The City further
grants unto an easement for the installation of guy wires
and for the installation of ground systems installed by in
connection with its construction of the broadcast facilities
contemplated hereunder. Said easements shall run across those
premises owned by City adjoining the subject property in such
areas as the subject grounds systems and guy wires may be installed
at the mutual agreement of the parties. It is futher understood
-4-
L
82-�66 :'
and agreed that the City shall not construct nor permit any third
party to construct any buildings or other improvements upon the
portion of premises under which the ground system are installed
unless said buildings are wooden in nature and readily removable.
This easement shall likewise run for the term of this Lease and
any renewals or extensions thereof.
does hereby grant unto City an easement across
such portions of•the leased premises as are necessary to permit
City access to the Property for the purpose of inspecting, main-
taining and/or operating the facilities made available to City in
accordance with Paragraph 3 above.
S. Construction and Rights to Construct Additional Facilities.
agrees that it shall complete the construction of
all improvement contemplated hereunder within two (2) years from
the execution date of this Lease Agreement. Additionally,
shall have the right to construct, at any time during the term
hereof, a standby electrical plant for the providing of a neces-
sary power supply to the facilities constructed upon the leased
property. Should elect to construct such facility it shall
submit the plan thereof to the City Manager for his approval
which approval shall not be unreasonably withheld and all such
construction shall be in accordance with good construction prac-
tices and ordinary permit procedures.
6. Consideration.
The consideration to be paid to the City by for
the leased property shall be equal to an annual rental fee of
Forty -Eight Cents (48G) per square foot of property leased, which
fee shall be paid in equal installments on a monthly basis.
Should the exact square footage of the leased property not be
determined as of the date hereof then same shall be determined as
soon as practicable by a licensed surveyor and thereupon the
annual rental due hereunder shall be determined. All rentals
shall be due on thO first day of each and every calendar month
during the term of this Lease.
-5-
Said rent shall be paid to the
82-SE
U
'
City in legal tender of the United States of America, without
demand therefore and be paid at the Office of the Director of
Finance of the City or at such other place as the City may from
time to time designate by notice in writing to shall
additionally pay any and all applicable sales and/or use taxes
due in connection with the rent and any increases thereto or any
other taxes or charges imposed upon or resulting from occupancy
and use of the said premises. Said sales and use taxes shall be
added to the rental payments and forwarded to the City as part of
said payment on the first day of each and every month. It is the
intent hereof that the City receive the rental amount as net,
free and clear of all costs and charges arising from or relating
to the demised premises.
of:
The rental due hereunder shall commence upon the earlier
(a) The completion of the construction of all improvements
and facilities to be constructed upon the subject
premises and the issuance by the City of a Certificate
of Completion and such other approvals as may be required
by the City or any federal, state or governmental
agency authorizing the use of the facilities for their
intended purposes by , or
(b) February 1, 1983.
The annual rentals set forth above shall be subject to
increase to reflect increases in the cost of living. The base
rent payable under this Lease may be increased as follows:
C0:3T OF LIVING
(a) the base rent for each year of the term
of this Lease, commencing on the third anni-
versary date of the payment of rentals here-
under, shall be increased by a percentage
equal to the percentage increase of the
consumer price index-U.S. average (CPI)
issued by the United States Department of
Labor on each anniversary date of the payment
of rentals under this Lease over the amount
of the CPI on the second anniversary date of
the commencement of payment of rentals under
this Lease. All such percentage increases
shall be paid equally over the twelve (12)
months of the lease year;
(b) in the event that the CPI as now pub-
lished is`not available at any time during
the term of this Lease or has been altered or
modified then the party shall use such other
index as may be substituted for the CPI by
the United States Department of Labor to
-6-
82--fif':. .
i
measure general increases in prices. Any
such substituted index shall be applied by
the parties hereto as interpolated, so as not
to reduce the additional rent merely by
virtue of the change in the index use or the
formula by which the index is determined. It
is the intent of the parties that this provi-
sion shall at all times cause the base rent
to be increased annually in proportion to any
decrease in the purchasing power of the
United States dollar and any increase in the
cost of living commencing with the effective
date of the first such adjustment to the
rentals being as aforesaid. Nothing contained
herein shall cause the rent and/or additional
rent paid in any year to be less than the
rent and/or additional rent paid in any prior
year.
(c) The CPI increase to the base rent shall
accrue commencing with the third anniversary
date of the payment of rentals under this
Lease and the first such payment thereof
shall be on the first day of the month follow-
ing notice by the City to of the amount
of such increase. The first such additional
rent payment for each year shall include the
additional rent payments for that year which
have accrued but have not yet been paid.
(d) Notwithstanding anything contained hereinabove
to the contrary it is agreed that the lease
payments in any year shall not increase by an
amount in excess of sir. percent (6%) of the
rentals paid in the preceding lease year.
7. Covenant of City.
The City agrees that it shall not permit any other
broadcasting towers or stacks or water tanks or other large
structures of any description whatsover to be erected within a
fifteen hundred (1500) foot radius of the broadcast tower con-
structed in accordance with this Lease during the term of this
Lease as well as all renewals or extensions thereof. The City
further agrees that it will cause its police force to patrol the
Property on a reasonable interval basis so as to provide security
to the leased property. Said undertaking shall not diminish the
obligations of to provide security measures to protect its
Property and equipment in accordance with other provisions hereof.
8. F.C.C. Approval.
The parties hereto agree and acknowledge that this
Lease is conditioneid and contingent upon the Federal Communications
Commission's approval of the premises and the facilities to be
constructed thereon and the use of same by for the purposes
-7-
a
intended. Should said approval not be obtained then this Lease
shall be deemed cancelled and terminated and of no further force
and effect and each of the parties shall be released and relieved
of any and all further obligations to the other as a result
hereof.
9. Granting of Rights to Co -Users by _ —
The parties hereto agree that shall be permitted
to allow other types of communication networks to utilize the
facilities constructed by it such as, ambulance companies, inter-
com companies, other broadcasting stations, etc. Should
elect to do so it shall cause such other users to utilize the
facilities in a manner not to interfere with the use of the
facilities by the City as provided for in Paragraph 3 hereof. In
the event enters into such agreement with other users of the
facilities it shall be entitled to charge such users an appropri-
ate fee for the use thereof as well as any and all other consider-
ations as may be deemed appropriate between . and said co -user
in connection with the contribution toward the construction
costs, utility charges, use fees, management fees, etc. Notice
of the granting of any such rights to co -users shall be given to
the City but no objection to same shall be made by the City
unless said use would in any way interfere or conflict with the
City's access to use of the facilities as provided for elsewhere
herein.
10. Subsequent Requirements of City for Change of Facilities.
Should the City or any of its subdivisions or agencies
granted use rights of the system by request any changes
therein following the completion of the initial construction of
the antenna system, the cost of such change, including but not
limited to the addition or removal or change of any antenna or
transmission line, shall be borne by the City or such agency
requesting said change. Said costs shall include the required
remeasurement of the antenna resistance by a person qualified to
make such measurements together with the cost attendant upon
IM
82-667 .
filing such measurements in pursuing the grant of authority to
determine antenna power by direct measurement. Furthermore, any
such co -user of the facilities shall maintain a stock of isocoup-
lens of appropriate values to provide replacements when needed to
protect the broadcast stations against having to operate for long
periods of reduced power using indirect measurement.
11. Non -Discrimination.
agrees that there will be no discrimination under
any circumstances against any person on account of race, color,
sex, religious creed, ancestry, or national origin in connection
with the operations referred to by this Lease. Any such acts
will be considered a default subject to the terms and conditions
of Paragraph 18, and it is expressly understood that upon final
determination of such discrimination, the City shall have the
right to terminate this Lease Agreement.
12. Permits.
agrees to have final plans prepared which will
comply with all pertinent provisions of the South Florida Building
Code and the ordinances, rules and regulations of Dade County and
the City of Miami. . agrees that no structure of any kind now
existing on the Property shall be altered or a new structure
erected upon the Property unless the plans for said construction
have been approved by the City Manager and the Director of Building
and Zoning Inspections Department of the City, which approval
shall not be unreasonably withheld or delayed.
As a condition to this Lease, shall obtain at its
sole cost and expense, all permits, approvals, and related documents
from any and all Federal, State, and local governments and agencies
required to construct, maintain, utilize and occupy the facilities
contemplated hereunder.
13. Performance Bond.
shall, within ten (10) days from the date hereof
or in no event later than the commencement of construction or the
awarding of any contract for construction on the Property by it
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or any of its agents, furnish the City with a Performance Bond,
in the amount of One Hundred Thousand Dollars ($100,000.00),
naming the City as the owner and as the principal. The
Performance Bond shall insure the faithful completion by of
the improvements contemplated to be constructed upon the Property
in accordance with the terms and conditions hereof. in its
discretion may post a One Hundred Thousand Dollar ($100,000.00)
cash deposit with the City to meet this obligation or in lieu
thereof provide a Performance Bond, the form and content of which
shall be subject to the reasonable approval of the City. The The
Performance Bond or cash deposit shall be terminated, and refunded
to as applicable, with the written approval of the City
Manager of the City, at such time as the proposed construction is
completed and fully operational.
14. Licenses.
agrees to obtain and pay for all required licenses
necessary for the proposed operation and conduct of its business,
at the leased premises.
15. Taxes.
During the term hereof, covenants and agrees to
pay all taxes of whatsoever nature lawfully levied or assessed
against the Property and improvements, property, sales, rents or
operations thereon, including, but not limited to, ad valorem
taxes. Payment thereof shall commence with and shall include
taxes assessed for the current year, subject to proration as of
the year of commencement of the term, if any there shall be.
further covenants and agrees to pay all of the said taxes,
if any, lawfully assessed, on such dates as they become due and
payable. The failure of to pay the taxes as aforesaid shall
constitute grounds for the immediate cancellation of this Lease
Agreement by the City, subject to the terms and conditions of
Paragraph 18. Nothing contained herein shall be.deemed to prohibit
from contesting, by appropriate means, any tax it deems in
good faith to have been improperly levied or assessed.
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16. Books, Records, Accounts and Statements.
shall keep true, accurate, and complete books,
records, and accounts of all business being transacted upon the
Property. Further, it shall, upon demand make available all
books and records, reports and financial statements in any way _
pertaining to the Property to authorized representatives of the
Office of Internal Audit, or such other authorized representatives
as the City Manager shall designate, at the Property during
normal business hours. The Internal Auditing Department of the
City shall be furnished any and all records of necessary to
make a full and complete audit of the books and operations of the
facilities described in this Lease Agreement.
17. Examination of the Premises by the City.
agrees to permit the City, by its City Manager's
designated personnel, to enter upon the Property at any reasonable
time for any purpose the City Manager of the City deems necessary
or incidental to or connected with the performance of City's
duties and obligations hereunder or in the exercise of its rights
or functions.
is. Default.
If abandons or vacates the Property prior to the
expiration of the term hereof; or
If fails to make the rental payments as set forth
herein and said payment is not made within thirty (30) days after
written notice is given to it; or
If fails to perform in accordance with any of the
other terms and conditions herein contained, and such default is
not cured within thirty (30)'days after written notice is given
to it or if the nature of the default is such that it cannot
reasonably cure same within said period and it fails to take
diligent measures to commence and pursue the cure thereof, within
said thirty (30) day period, then the City may re-enter the
Property and terminate this lease in any manner then permitted or
provided by law. At such time, all improvements erected on the
Property shall revert to the City.
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In addition to the right to re-enter and terminate the
lease, the City, in case of a breach in the payment of rent or in
case of the breach of any other of obligations hereunder,
shall have all other remedies, including but not limited to the
right to operate the facilities or other remedies afforded by the
laws of the State of Florida, including but not limited to, the
right to sue for and collect rent, and to bring distress proceed-
ings. Said remedies may be pursued concurrently or consecutively
and the resort to one shall not be considered an election.
19. Insurance.
shall maintain during the term of this Agreement a
comprehensive Public Liability Insurance Policy, including contin-
gent liability, in the amount of not less than a combined single
limit of $1,000,000 per occurrence for death, bodily injury and
property damage.
The City shall be named as an additional insured under
said policy and same shall provide that the City be given at
least thirty (30) days advance written notice of cancellation of
said policy or any material modifications thereof.
The form and content of the policy and the insurance
carrier shall be acceptable to the City of Miami Risk Management
Division, and a copy of an insurance certificate shall be placed
on file with the Lease Manager, City of Miami Finance Department,
65 S.W. First Street, Miami, Florida 33130, before can
commence operation or construction on the premises.
All insurance policies shall be issued by companies
authorized to do business under the laws of the State of Florida
and must be rated at least "A" as to management and Class "X" as
to financial strength, all in accordance with Best's Insurance
Guide, latest edition.
The City reserves the right to amend the insurance
requirements according to usual and customary standards in the
Insurance Industry ps circumstances dictate in order to protect
the interest of the City in this Lease Agreement.
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82-��; :'
Any equipment owned by City and maintained by it on the
leased premises shall be insured by City and not
20. Indemnification.
covenants and agrees that it shall indemnify and
save harmless the City from and against any and all claims,
suits, actions, damages or causes of action arising during the
term of this Lease Agreement for any personal injury, loss of
life, or damage to property sustained in or on the leased property
by reason of or as a result of use, activities, and opera-
tions thereon, and from and against any orders, judgments or
decrees, which may be entered thereon, and from and against all
costs, attorneys' fees, expenses, and liabilities incurred in and
about the defense of such claim and the investigation thereof so
long as such damage or injury does not occur as a result of the
negligent act or omission of the City, its agent or employees;
provided further, however, that before . shall become liable
for said cost, shall be given notice in writing that the
same are about to be incurred and shall have the option itself to
make the necessary investigation and employ counsel of its own
selection for the necessary defense of any claims. The City may,
at its option, retain its own counsel at its sole cost and expense
in addition to the provisions hereinabove set forth.
21. Damage or Loss to Property.
assumes all risk of damage or loss to the Property
for any cause whatsoever, except if such damage or loss is caused
by the negligent act or omission of the City, its agents or
employees. shall provide any security measures it deems
necessary to protect its area and equipment, materials and facil-
ities.
22. Maintenance of Property.
accepts the leased property in its present condition
and without any warranty by the City as to same. at its
sole cost and expense, shall maintain the grounds, all equipment,
facilities and improvements constructed and utilized by it in
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82-sU7.
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connection herewith. further agrees to maintain the Property
and all improvements thereon in a condition of proper cleanliness,
orderliness, and state of attractive appearance at all times.
Any housekeeping service required to properly maintain the premises
shall be provided by at its sole cost. No signs or advertising
shall be placed on the premises unless the consent of the City is
first obtained, which consent shall not be unreasonably withheld.
There shall be no living quarters nor shall anyone be permitted
to live or cook on the Property. If the Property is not kept
reasonably clean and attractive in appearance, shall be so
advised. Corrective action shall be taken by within seven
(7) days time. In the event such action is not taken, the City
shall have the right to make repairs or cause the Property to be
cleaned and shall then be required to reimburse the City
within thirty (30) days for said cost and charges.
23. Trash, Rubbish and Garbage Removal.
shall provide at its expense all garbage, trash
and rubbish receptacles within the confines of the leased Property.
Dumping of receptacles and removal of trash, rubbish, and garbage
shall be the responsibility of
24. Utilities.
shall provide all utility lines to the Property.
It shall further be responsible to provide to the City all neces-
sary utilities required by City, with regard to its permitted use
of the facilities, at no cost to the City during the full term of
this Lease.
25. Notices.
Wherever notice shall be required hereunder, same shall
be deemed given when sent in writing, by hand delivery or sent by
U.S. Mail, certified, return receipt requested, to the parties as
follows:
TO THE CITY: The City Manager
The City of Miami, Florida
+ P. O. Box 330708
Miami, Florida 33133
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TO THE COMPANY:
The City or . may change such mailing addresses at
any time upon giving the other party written notice. All notices,
given hereunder shall be deemed received when delivered or on the
date noted by the U.S. Mail on the return receipt that such
mailing was refused by the addressee or otherwise impossible to
deliver at the subject address.
0
26. Attorneys' Fees.
In the event that it is deemed necessary for either
party to file a lawsuit in the appropriate court of law in order
to enforce any of the terms or provisions of this Lease Agreement,
then the prevailing party shall be entitled to reasonable attor-
neys' fees.
27. Conformity to the Law.
covenants to comply with all laws, ordinances,
regulations, and orders of Federal, State, County and Municipal
authorities pertaining to the Property and operation thereon.
28. Pledae of Leasehold Interest.
may pledge this leasehold interest as security for
a bona fide loan obtained in connection with the construction and
operation of the facilities to be developed upon the Property,
provided, the quality of the assignee is approved by the City
Manager, which approval may not be unreasonably withheld. This
section shall under no circumstances be construed to require the
City to participate in the financing of the proposed improve-
ments. The City shall fully cooperate with in respect to
the reasonable requirements of its lender.
29. Assignment and Subletting of Premises.
shall not at any time during the term of this
Lease Agreement sublet any part of the Property or assign this
Lease Agreement or any portion or part thereof, except and by
I.
virtue of written authorization granted by the City Manager or
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City Commission of the City. Said authorization shall not be
unreasonably withheld or delayed. This provision shall not apply
to co -user agreements as contemplated in Paragraph 9 hereof, so
long as the portion of the facility made available for said
co -user is not then being utilized for public purposes.
30. Binding on Successors.
The terms and provisions of the Lease Agreement shall,
be binding and inure to the benefit of the successors and assigns
respectively of the City and
31. Ownership of Improvements.
All improvements, furnishings and equipment constructed
or installed on the Property by shall be personal property
and shall have legal title thereto during the term of this
Lease. Upon the expiration or termination of this Lease, title
to all permanent improvements constructed on the premises shall
vest in the City and shall quietly and peaceably deliver the
same to the City. Title to all supplies, furnishings, inventories,
removable fixtures and removable equipment and other personal
property shall remain vested with -end it shall have the
right to remove such items from the premises unless it is then in
default hereunder.
32. Miscellaneous.
A waiver of the breach of any of the covenants of this
Lease Agreement shall not be construed to be a waiver of any
other covenant or any succeeding breach. The provisions of this
Lease Agreement contain the entire understanding of the parties
hereto concerning the subject matter hereof. No modifications,
release, discharge or waiver of any of the provisions hereof
shall be of any force and effect unless signed in writing by the
City Manager of the City land by its appropriately designated
corporate officers.
33. Captions.
The captions contained in this Lease Agreement are
inserted only as a matter of convenience and for reference and in
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no way define, limit or prescribe the scope of this Lease Agreement
or the intent of any provisions thereof.
IN WITNESS WHEREOF, the parties herein have executed
this Agreement the day and year first above written.
CITY OF MIAMI, FLORIDA
a municipal corporation
BY:
ATTEST: CITY MANAGER
CITY CLERK
ATTEST:
BY
PRESIDENT
(SEAL)
SECRETARY
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
004/585/D
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CITY " `Ai: MI. FZOg10A
INTER -OFFICE M1AEMORANOUM
Howard V. Gary AT July 9, 1982
City Manager � I
•/ � - Lease of Virginia Key
ROM VPcent E' .,- Jr. --.
✓' 1 .r .ai.'':
'Ass ista Ca; Manager
2
In May, 1982 the City Commission authorized the lease of acreage
on Virginia Key for construction, maintenance and operation of a
broadcast tower. Bids were received the first time in June, 1982
and authority was given to you to negotiate a contract for subse-
quent City Commission ratification. Unfortunately, the first bid
received had enough exceptions that it was felt that rebidding
should be done. The City Commission was notified of this informally
and the request for proposal was redrafted so that bids could be
returned by July 19, 1982 in time for an award on July 22, 1982.
A resolution has been prepared authorizing you to execute the
attached agreement for the lease of approximately 2.2 acres of
land on Virginia Key for the construction, maintenance and oper-
ation of a broadcast tower and communications facility.
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M A Rt I N Z. M A R G U L I E S 3 GROVE ISLE DRIVE, COCONUT GROVE, FLORIDA 33133
July 19, 1982
HAND DELIVER
Honorable Maurice A. Ferre
Mayor
The City of Miami
3500 Pan American Drive
Miami, Florida
Dear Mayor Ferre:
This letter is to advise you of my intent to assist on
the Light Tower element of the Bayfront Park designed by
Noguchi. I believe it would greatly enhance the City from
local and national levels.
I would be most happy to act as General Contractor with
no charge for overhead nor profit. I have also received
assurances of donations for the reinforcing steel, the plumbing
and the use of a crane. I am working on other materials and
labor, and as soon as the working drawings are completed, I
can give you more definite information.
It is my goal to work with this great artist and see this
project; realized.
Sincerely,
`Martin Margulies
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