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City of Miami 3500 Pan American
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Miami, FL 33133
Legislation
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Resolution
File Number: 08-01111
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
REVOCABLE LICENSE AGREEMENT ("AGREEMENT") IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY') AND NEW
CINGULAR WIRELESS, PCS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY ("LICENSEE") REGISTERED TO DO BUSINESS IN THE STATE
OF FLORIDA, FOR USE OF APPROXIMATELY ONE HUNDRED NINETY
TWO (192) SQUARE FEET OF ENCLOSED ROOF SPACE ("AREA") WITHIN
THE CITY -OWNED PROPERTY LOCATED AT 400 NW 2nd AVENUE, MIAMI,
FLORIDA ('PROPERTY'), ALSO KNOWN AS CITY OF MIAMI POLICE
PARKING GARAGE, ON A MONTH-TO-MONTH BASIS, FOR USE AS A
ROOFTOP ANTENNAE CELL SITE; AND PROVIDING FOR PAYMENT OF A
MONTHLY USE FEE OF TWO THOUSAND, THREE HUNDRED AND FIFTY
DOLLARS AND ZERO CENTS ($2,350), PLUS STATE OF FLORIDA USE
TAXES, IF APPLICABLE, COMMENCING ON THE EFFECTIVE DATE OF
OCTOBER 1, 2008 ("EFFECTIVE DATE"); FURTHER PROVIDING FOR A
THREE PERCENT (3%) ANNUAL ESCALATOR IN MONTHLY USE FEES
AND SECURITY DEPOSIT COMMENCING TWELVE (12) MONTHS FROM
THE EFFECTIVE DATE; AND FURTHER AUTHORIZING THE CITY
MANAGER TO CANCEL THE EXISTING REVOCABLE LICENSE
AGREEMENT SIMULTANEOUSLY WITH ENTERING INTO THE
AGREEMENT, WITH TERMS AND CONDITIONS MORE PARTICULARLY
SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH
AGREEMENT AS NEEDED IN FORM(S) ACCEPTABLE TO THE CITY
ATTORNEY.
WHEREAS, the City of Miami ("City") owns the property located at 400 NW 2nd Avenue, Miami,
Florida, also known as the Police Parking Garage (the "Property"); and
WHEREAS, on September 14, 1995, the Miami City Commission ("City Commission") pursuant to
Resolution No. 95-614 authorized the City Manager and McCaw Communications of Florida, Inc., a
wholly-owned subsidiary of AT&T Wireless Services of Florida, Inc., to enter into a Revocable Permit
which was issued October 27, 1995, for the installation, operation, and maintenance of an unstaffed
microcell telecommunications site at a certain portion of enclosed roof space (the "Area") of the
Property; and
WHEREAS, on October 25, 2001, the City Commission pursuant to Resolution No. 01-1117
authorized the City Manager to enter into a Revocable License Agreement (the "Existing Revocable
License Agreement") with AT&T Wireless Services of Florida, Inc. for the operation and maintenance
of an unstaffed microcell telecommunications site at the Area and to increase monthly fees related
File Number.' 08-01111
thereto; and
WHEREAS, subsequent to an acquisition by Cingular Wireless LLC, AT & T Wireless of Florida,
Inc. merged into New Cingular Wireless Services of Florida, LLC which merged into New Cingular
Wireless, PCS, LLC, and the surviving entity managing the antennae operations is now called New
Cingular Wireless PCS, LLC ("Licensee"), a Delaware Limited Liability Company, registered to do
business in Florida; and
WHEREAS, Licensee has expressed an interest in continuing to use said city -owned Area of
approximately one hundred and ninety-two (192) square feet for the operation and maintenance of an
unstaffed microcell wireless telecommunications antennae site on a month-to-month basis; and
WHEREAS, the City has modified the terms and conditions of the Existing Revocable License
Agreement for the continued use of Area by the Licensee and the Licensee has accepted these new
terms and conditions and now desires to enter into a new Revocable License Agreement with the City
for continuing said use as an antennae site; and
WHEREAS, the City and Licensee now wish to replace and cancel the Existing Revocable License
Agreement simultaneously with entering into the new Revocable License Agreement;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a new Revocable License Agreement (the
"Agreement"), in substantially the attached form, with New Cingular Wireless, PCS, LLC ("Licensee"),
a Delaware Limited Liability Company registered to do business in Florida, for the use of approximately
one hundred and ninety-two (192) square feet of certain enclosed roof space area of the City -owned
property ("Area") located at 400 Northwest 2nd Avenue, Miami, Florida ('Property"), also known as
City of Miami Police Parking Garage, on a month-to-month basis, for use as a rooftop antennae cell
site; providing for payment of a monthly Use Fee of Two Thousand Three Hundred and Fifty Dollars
and Zero Cents ($2,350), plus State of Florida Use Taxes, if applicable, commencing on the effective
date of October 1, 2008 ("Effective Date") and further providing for a three percent (3%) annual
escalator in monthly use fees and security deposit commencing twelve (12) months from the Effective
Date, and further authorizing the City Manager to cancel the Existing Revocable License Agreement
simultaneously with entering into the Agreement, with terms and conditions as more particularly set
forth in the Agreement.
Section 3. The City Manager is authorized{1 } to make non -substantive amendments to such
Agreement as needed in form(s) acceptable to the City Attorney.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
City of Miami Page 2 of 3 Printed On: 1/30/2009
File Number. 08-01911
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BR
CITY ATTORNEYL
Footnotes:
(1)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.
(2) If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 Printed On: 1/30/2009