HomeMy WebLinkAboutR-09-0052Vop City of Miami
Legislation
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Resolution: R-09-0052
File Number: 08-01111
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/12/2009
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 ATHREE 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 CITYATTORNEY.
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
thereto; and
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File Number: 08-01111 EnactmentNnmber: R-09-0052
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}
Footnotes:
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File Number: 08-01111
Enactment Number: R-09-0052
(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.
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