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Home My WebLink AboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #4249 Date: 07/13/2018 Commission Meeting Date: 09/13/2018 Requesting Department: Bayfront Park Management Trust Sponsored By: District Impacted: Type: Resolution Subject: Approve License Agreement Bayfront Park Management Trust & Crown Castle NG East LLC Purpose of Item: The nature of this item is to present the proposed License Agreement between the Bayfront Park Management Trust (BPMT) and Crown Castle NG East LLC to the City of Miami Commission for approval and adoption. The License Agreement would grant Crown Castle the permission to locate, place, attach, install, operate, control and maintain equipment at Bayfront and Museum Parks. Background of Item: The Bayfront Park Management Trust (Trust) was created by the Miami City Commission to direct, operate, manage and maintain all aspects of Bayfront and Museum Parks. As the Trust operates on earned income and receives no funding from the City of Miami, the Trust looks for ways to generate revenue. The proposed License Agreement with Crown Castle guarantees a revenue share to the Trust of $570,000 over the first 10 year term (the agreement provides an option to renew for four (4) 5- year periods. Additional revenue comes from an initial $50,000, recurring fees of 25% of monthly recurring gross revenues and wireless carrier signing fees of $50,000/per carrier. Aside from the revenue, the main point of this agreement is to provide visitors to Bayfront and Museum Parks increased wireless connectivity. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Revenue guarantee of $570,000 over the first 10 year term Bayfront Park Management Trust Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Reviewed B Jose Gell Donovan Dawson Christopher M Rose Nzeribe Ihekwaba Nikolas Pascual Maricarmen Lopez Maricarmen Lopez Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review Deputy City Attorney Review Completed Completed Completed Completed Completed Skipped Skipped 07/13/2018 1:22 PM 08/07/2018 5:35 PM 08/24/2018 10:46 AM 08/29/2018 12:17 PM 08/29/2018 12:56 PM 09/13/2018 9:40 AM 09/13/2018 9:40 AM Office of the City Attorney Maricarmen Lopez Approved Form and Correctness Skipped 09/13/2018 9:40 AM City Commission Joyce Jones Meeting Completed 09/13/2018 9:00 AM Office of the Mayor Mayor's Office Signed by the Mayor Completed 09/24/2018 3:49 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 09/24/2018 4:36 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/25/2018 8:45 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/25/2018 9:09 AM Office of the City Clerk City Clerk's Office Rendered Completed 10/09/2018 4:40 PM City of Miami Legislation Resolution Enactment Number: R-18-0372 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4249 Final Action Date:9/13/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND ADOPTING THE LICENSE AGREEMENT BETWEEN THE BAYFRONT PARK MANAGEMENT TRUST AND CROWN CASTLE NG EAST LLC, A FOREIGN LIMITED LIABILITY COMPANY ("CROWN CASTLE"), ALLOWING CROWN CASTLE TO PLACE, OPERATE, AND MAINTAIN MICROCELLULAR EQUIPMENT USED TO PROVIDE WIRELESS CONNECTIVITY IN BAYFRONT AND MUSEUM PARKS. WHEREAS, the Bayfront Park Management Trust ("Trust") was created by the City Commission to direct, operate, manage, and maintain all aspects of City of Miami ("City") owned real property and improvements located at or within Bayfront Park, 301 North Biscayne Boulevard, and Museum Park, 1075 Biscayne Boulevard, Miami, Florida ("Properties"); and WHEREAS, at the Trust meeting held on April 24, 2018, the Trust passed Resolution 18- 029, authorizing the Interim Executive Director to enter into the License Agreement ("Agreement"), in substantially the attached form, with Crown Castle NG East LLC, a foreign limited liability company ("Licensee"), in order for the Licensee to own, construct, operate, maintain, and control a fiber -based telecommunication Network, or Networks, as defined in the Agreement, serving the Licensee's wireless carrier customer(s) utilizing microcellular Equipment, as defined in in the Agreement, and, for the purpose of operating the Network(s), the Licensee wishes to locate, place, attach, install, operate, control, and maintain Equipment at the Properties; and WHEREAS, pursuant to Sections 18-72(a) and 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the Trust approved by a four -fifths (4/5ths) vote, waiving competitive sealed bids and supporting the conclusion that competitive sealed bidding is not practicable nor advantageous to the Trust; and WHEREAS, the Licensee and the Trust desire and intend to enter into this Agreement for the use of Properties; and WHEREAS, the Trust wishes to engage the Licensee for the exclusive right to sublicense portions of the Properties primarily and solely for the construction, installation, maintenance, monitoring and/or operation of a Network or Networks by Licensee ("Sole Purpose"); and WHEREAS, the Licensee wishes to obtain a license from the Trust, in order to own, construct, operate, maintain, and control a fiber -based telecommunication Network or Networks serving the Licensee's wireless carrier customer(s) and utilizing microcellular Equipment; and WHEREAS, the Licensee wishes to locate, place, attach, install, operate, control, and maintain Equipment at or in the Properties, managed and operated by the Trust, for the purpose of operating the Network(s); and WHEREAS, the Trust has evaluated the professional qualifications, experience and financial resources of the Licensee and determined that the Trust's entry into this Agreement is in the best interests of the Trust; and WHEREAS, this Agreement is not assignable or otherwise transferable to individuals or entities other than any of the Licensee's subsidiary or affiliate companies with notice to be given to the Trust; and WHEREAS, this Agreement permits only certain, enumerated, specific, listed permitted uses, and does not permit anything further; and WHEREAS, this Agreement requires that the Licensee must maintain and comply always with applicable Laws, as amended; and WHEREAS, this Agreement confers no exclusive possession of the Property; and WHEREAS, this Agreement does not convey any right to exclude the City and/or the Trust from the Property; and WHEREAS, except as required for public safety and national security, the Licensee can exclude the City and/or the Trust and its representatives from the Equipment; and WHEREAS, the City and/or the Trust shall be granted access to the Equipment upon forty-eight (48) hours written notice to the Licensee and shall be accompanied by a representative of the Licensee; and WHEREAS, as this is a multi -year Agreement approval and consent of the City Commission as provided in Section 38-104 of the City Code; and WHEREAS, the Trust and the Licensee desire and intend to enter into this 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 Commission hereby approves and adopts the Agreement between the Trust and Licensee allowing Licensee to place, operate, and maintain mircrocellular Equipment used to provide wireless connectivity in the Properties. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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. APPROVED AS TO FORM AND CORRECTNESS: