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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12484 Date: 08/24/2022 Commission Meeting Date: 09/22/2022 Type: Resolution Subject: Agreement - Miami Central DAS Purpose of Item: Requesting Department: Department of Real Estate and Asset Management Sponsored By: District Impacted: District 2 A Resolution of the Miami City Commission with attachments, authorizing the City Manager to execute a License Agreement ("License"), in substantially the attached form, between DT Residential South LLC ("Licensor") and the City of Miami ("City" or "Licensee), solely for the use of certain space on the roof and in the "DAS Room" of the building located 400 NW 1st Avenue, Miami, Florida 33128 ("License Area"), as more particularly described in the License. The License will be used for the installation, operation and maintenance, at City's sole cost and expense, on the Licensed Area for the purposes of providing (i) communication services used in the operation of Licensee's internal business activities where Licensee holds a Federal Communications Commission ("FCC") license for said use, (ii) common carriage where Licensee holds an FCC license as a Radio Common Carrier, (iii) communications services for others where Licensee holds an FCC license as the system operator, or (iv) transceivers for use by others where others hold an FCC license for the operation of said transceivers. Further authorizing the City Manager to negotiate and execute all necessary documents, including amendments and modifications to said License, in a form acceptable to the City Attorney, as may be necessary. Background of Item: DT Residential South, LLC ("Licensor") is the owner of the property located at 400 NW 1st Avenue, Miami, Florida 33128 ("Property"). The City of Miami ("City" or "Licensee") requested to the Licensor to enter into a License Agreement ("License") for the use of certain space on the roof and in the "DAS Room" of the Property ("License Area"). The License will be used for the installation, operation and maintenance, at City's sole cost and expense, on the Licensed Area for the purposes of providing (i) communication services used in the operation of Licensee's internal business activities where Licensee holds a Federal Communications Commission ("FCC") license for said use, (ii) common carriage where Licensee holds an FCC license as a Radio Common Carrier, (iii) communications services for others where Licensee holds an FCC license as the system operator, or (iv) transceivers for use by others where others hold an FCC license for the operation of said transceivers. The City Commission finds it in the best interest of the City to authorize the City Manager to execute the License, and any other necessary documents, including amendments, modifications, all in forms acceptable to the City Attorney, in order to effectuate said License. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: General Account No: TBD Special Revenue Account No: TBD CIP Project No: TBD Office of the City Attorney Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division Reviewed B Jacqueline Lorenzo Pedro Lacret Marie Gouin Larry M. Spring Valentin J Alvarez City Manager's Office Arthur Noriega V OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez City Commission Nicole Ewan Legislative Division Valentin J Alvarez OMNI Community Redevelopment Agency Office of the City Attorney Victoria Mendez Office of the City Clerk City Clerk's Office Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review Legislative Division Review City Manager Review Isiaa Jones Approved Form and Correctness Meeting Legislative Division Review Isiaa Jones Approved Form and Correctness Rendered Completed Completed Completed Completed Completed Completed ACA Review Completed Completed Completed ACA Review with Modification(s) Completed 08/25/2022 10:39 AM 08/26/2022 4:39 PM 08/29/2022 10:03 AM 09/06/2022 12:01 PM 09/07/2022 12:40 PM 09/07/2022 4:15 PM Completed 09/08/2022 11:21 AM 09/22/2022 9:00 AM 09/26/2022 1:27 PM Completed Completed 10/19/2022 3:07 PM City of Miami Legislation Resolution Enactment Number: R-22-0364 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12484 Final Action Date:9/22/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("LICENSE"), BETWEEN DT RESIDENTIAL SOUTH, LLC ("LICENSOR") AND THE CITY OF MIAMI ("CITY"), FOR THE USE OF CERTAIN SPACE ON THE ROOF AND IN THE DISTRIBUTED ANTENNA SYSTEM ROOM ("DAS ROOM") OF THE BUILDING LOCATED AT 400 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA 33128 ("LICENSE AREA") FOR THE INSTALLATION, OPERATION, AND MAINTENANCE, AT CITY'S SOLE COST AND EXPENSE, OF CERTAIN COMMUNICATIONS EQUIPMENT IN THE LICENSED AREA FOR THE CITY'S OPERATION AND MAINTENANCE OF RADIO COMMUNICATION SERVICES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE LICENSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID LICENSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO AUTHORIZE THE PROPOSED USE. WHEREAS, DT Residential South, LLC ("Licensor") is the owner of the property located at 450 Northwest 1st Avenue, Miami, Florida (Folio No. 01-4137-072-0080) ("Property"); and WHEREAS, the City of Miami ("City") requested that Licensor enter into a License Agreement with the City ("License") for the City's use of certain space on the roof and in the Distributed Antenna System Room ("DAS Room") of the Property ("License Area"); and WHEREAS, the License will be used for the installation, operation, and maintenance of certain communications equipment, at City's sole cost and expense, on the License Area for the operation and maintenance of radio communication services in accordance with the terms and conditions of the License; and WHEREAS, the City Commission finds it in the best interest of the City to authorize the City Manager to execute the License, and any other necessary documents, including amendments, modifications, all in forms acceptable to the City Attorney, in order to effectuate the uses set forth in said License; 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 fully set forth in this Section. Section 2. The City Manager is authorized' to execute this license and further 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 City Code provisions. authorized1 to all other necessary documents, extensions, renewals and modifications, including amendments, all in forms acceptable to the City Attorney. Section 3. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: sndez, City Httor ey 9/8/2022