HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #14463
Date: 08/14/2023
Commission Meeting Date: 09/14/2023
Requesting Department: Department of Real
Estate and Asset Management
Sponsored By:
District Impacted: District 5
Type: Resolution
Subject: Revocable License Agreement - New Cingular Wireless, PLC, LLC
Purpose of Item:
Authorization for the City Manager to negotiate and execute a new revocable license
agreement with New Cingular Wireless, PLC, LLC, for the commercial use of City -
owned property located at 350 NW 2nd Avenue, also known as the Chief Clarence
Dickson Police College, and to negotiate and execute all other necessary documents,
including amendments and modifications to said agreements, all in a form acceptable to
the City Attorney, as may be necessary to effectuate the uses contemplated herein.
Background of Item:
The Licensee currently occupies commercial space for communications equipment on
the roof of the Police Garage located at 400 NW 2nd Avenue under a Revocable
License Agreement. The Police Garage has been deemed condemned and is unsafe to
occupy. The Licensee urgently needs another roof space nearby to continue service to
the community and has requested temporary use of roof space of the Property for
installation of communications equipment. The Department of Real Estate and Asset
Management is open to permanent installation if needed.
Budget Impact Analysis
Item is Related to Revenue
Total Fiscal Impact:
Total Fiscal Impact: $ 0.00,
General Account No: 04002.221181.448000.0000.00000
Reviewed B
Department of Real Estate and Asset Management Andrew Frey
Review Completed
Office of Management and Budget
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
08/14/2023 11:51 AM
Pedro Lacret
Marie Gouin
Larry M. Spring
Valentin J Alvarez
Arthur Noriega V
Jihan Soliman
Victoria Mendez
Maricarmen Lopez
Budget Analyst Review
Budget Review
Assistant City Manager
Legislative Division Review
City Manager Review
ACA Review
Approved Form and Correctness
Meeting
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
08/16/2023 10:37 AM
08/22/2023 9:58 AM
08/28/2023 9:57 AM
08/28/2023 11:05 AM
08/28/2023 9:09 PM
09/01/2023 1:50 PM
09/01/2023 5:42 PM
09/14/2023 9:00 AM
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14463 Final Action Date:9/14/2023
A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER
TO EXECUTE AND NEGOTIATE A NEW REVOCABLE LICENSE AGREEMENT
("RLA") BETWEEN THE CITY OF MIAMI ("CITY") AND NEW CINGULAR WIRELESS,
PLC, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("LICENSEE")
REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR USE OF ROOF
SPACE ("AREA") WITHIN THE CITY -OWNED PROPERTY LOCATED AT 350
NORTHWEST 2ND AVENUE, MIAMI, FLORIDA ("PROPERTY"), ALSO KNOWN AS
THE CHIEF CLARENCE DICKSON POLICE COLLEGE, ON A MONTH -TO -MONTH
BASIS, FOR USE AS A ROOFTOP ANTENNAE CELL SITE; AND PROVIDING FOR
PAYMENT OF A MONTHLY USE FEE OF THREE THOUSAND SIX HUNDRED AND
SIXTY-ONE DOLLARS AND TWENTY-THREE CENTS ($3,661.23), PLUS STATE OF
FLORIDA USE TAXES, IF APPLICABLE, COMMENCING ON THE EFFECTIVE DATE
OF OCTOBER 1, 2023 ("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 FOR USE OF THE CITY -OWNED PROPERTY
LOCATED AT 400 NW 2ND AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS THE
POLICE PARKING GARAGE ("GARAGE"), 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 350 Northwest 2nd
Avenue, Miami, Florida, also known as the Chief Clarence Dickson Police College (the
"Property"); and
WHEREAS, on September 14, 1995, the Miami City Commission ("City Commission")
pursuant to Resolution No. R-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 antenna ("Tower") at a certain
portion of enclosed roof space (the "Area") of the City -owned property located at 400 Northwest
2nd Avenue, Miami, Florida, also known as the Police Parking Garage ("Garage"); and
WHEREAS, on October 25, 2001, the City Commission pursuant to Resolution No. R-
01-1117 authorized the City Manager to enter into a 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
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, the Area of the Garage which the Tower is located has been condemned as
an unsafe structure by the City's Building Department, preventing occupancy and use of the
Area; and
WHEREAS, due to the condemnation of the Area, the Licensee has requested the
Tower be moved to a nearby roof area for continued operations; and
WHEREAS, the Licensee has requested its equipment be placed on a roof area of the
Property; and
WHEREAS, the Department of Real Estate and Asset Management ("DREAM")
recommends the use of the Property for the re -location of the Tower; and
WHEREAS, the City desires to revoke the current revocable license agreement and
simultaneously enter into a new revocable license agreement with the Licensee for the Tower's
use and operation at the Property;
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 a new revocable license
agreement with New Cingular Wireless, PCS, LLC, a Delaware Limited Liability Company
registered to do business in Florida, for the use of roof space of the City -owned property located
at 350 Northwest 2nd Avenue, Miami, Florida ("Property"), also known as the Chief Clarence
Dickson Police College, on a month -to -month basis, for use as a rooftop antennae cell site;
providing for payment of a monthly Use Fee of Three Thousand Six Hundred and Sixty -One
Dollars and Twenty -Three Cents ($3,661.23), plus State of Florida Use Taxes, if applicable,
commencing on the effective date of October 1, 2023 ("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 current revocable license agreement and simultaneously enter into a revocable license
agreement, with terms and conditions as more particularly set forth in the revocable license
agreement.
Section 3. The City Manager is authorized' to make non -substantive amendments to
such Agreement as needed in a form acceptable to the City Attorney.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS: