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HomeMy WebLinkAbout25594AGREEMENT INFORMATION AGREEMENT NUMBER 25594 NAME/TYPE OF AGREEMENT GATEWAY AT WYNWOOD DESCRIPTION MEMORANDUM OF AGREEMENT/BUILDING ROOFTOP ACCESS/MATTER ID: 25-1052/#78 EFFECTIVE DATE January 21, 2025 ATTESTED BY TODD B. HANNON ATTESTED DATE 5/2/2025 DATE RECEIVED FROM ISSUING DEPT. 5/21/2025 NOTE MEMORANDUM OF AGREEMENT FOR BUILDING ROOFTOP ACCESS, WITHIN THE CITY OF MIAMI a55c� This Memorandum Of Agreement, made and entered into n this I g# day of scoluury , 2O2.S, by and between the CITY OF MIAMI, FLORIDA, a Florida municipal corpo tion, einafter referred to as the "CITY", whose office address is 3500 Pan American Drive, Miami, FL 33 133, and _, the owner of the building or structure on the p rop erty located atro x// 1 i)r. , h einafter referred to as "OWNER" hereby acknowledge th e following 33jd recitals: WHEREAS, in the interest of public safety and convenience and for operational efficiency, the CITY, through its police department, monitors certain public areas and streets within the corporate limits of the CITY; and WHEREAS, the installation of specialized radio antennas and related equipment, including closed-circuit television ("CCTV") cameras, for the express purpose of transmitting safety and security information, is required on certain privately owned properties, buildings, and/or structures, including th e rooftops of certain high-rise buildings located within the CITY, to assist the CITY in providing for the health, safety and welfare of its residents, businesses, and visitors; and WHEREAS, the OWNER of the bu ildingor structure located on the above -reference property warrants that they possess the title, lease, licenses, or is an individual with authorization from the owner or lessee, or his/her agent, to enter into agreements pertaining to the scope of this agreement; and WHEREAS, this memorandum of agreement is separate and apart from any other concurrent duties and obligations OWNER may be engaged in with CITY pursuant to the terms and conditions of any other current valid agreement between the parties; and NOW, THEREFORE, in consideration of the foregoing, the CITY and OWNER (collectively referred to as, "the Parties") agree as follows: The OWNER shall provide limited access to the building's rooftop for CITY's police department, its officers or their representatives, at pre -arranged times, as mutually agreeable by the parties. 2. The OWNER shall allow lim ited rooftop space for the installation of small radio antennas and related communications equipment, including CCTV cameras (collectively referred to as, "the CITY'S Equipment"), in an area that is agreeable to the Parties. 3. The OWNER shall provide rooftop access to I I 0 VAC electrical service for low -voltage supply to power CITY's Equipment and related apparatuses (power usage will be limited to not more than 5 amps maximum). 4. The CITY shall provide, at its own risk and expense, all installation work, including connection to electrical supply wiring by the City's vendor or representative at no cost to the OWNER. 5. The CITY shall operate, and maintain, at its own risk and expense, all of the CITY'S Equipment, hardware, and wiring installed on Owner's building rooftop. 6. The CITY shall provide a fu Ily trained contact person or representative who is solely responsible for the operation and maintenance of CITY's Equipment and all activities associated with this agreement. 7, The CITY agrees to comply with all federal, state, and local laws and ordinances or regulations which relate to this installation, maintenance and use of CITY's EQUIPMENT and data or equipment collected therefrom. 8. The CITY agrees to use its best efforts to immediately move or relocate, at its sole expense, any or all of the CITY's Equipment and related hardware at the request of OWNER. 9. The OWNER understands and agrees that all of the CITY's Equipment, hardware, or any other materials whatsoever installed by the CITY pursuant to or under the terms of this agreement is, and shall at all times remain, the property of the CITY. The OWNER agrees not to use, alter, modify, or make contact with any of the CITY's Equipment, hardware, or any other material whatsoever installed on the rooftop for any purpose whatsoever. 10. This agreement shall be terminated at will by either party at any time upon written notification by either party. I I. Upon termination ofthis agreement by either party, CITY shall promptly, at the CITY's expense, remove the CITY's equipment and repair any damage to the building caused by such installation or removal and the OWNER shall grant the CITY access onto the rooftop to recover the City's Equipment. 12. This agreement is not intended to and does not constitute or give rise to, or otherwise recognize a joint venture, partnership, corporation or other formal business association or organization of any kind between OWNER and the City. 13. The terms of this agreement may be modified only in writing signed by both parties hereto. 14. All notices to Owner should be sent to: al%Co /V, ,M(AbM r A\)C , 1441,414i P.- 3307 Att: Property Manager, with a copy to: General Counsel, with email copies to: and II-4-ra) (1—agy8 cearca /7y, c 4 , Attn: IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year written below:. CITY OF MIAMI, a Florida Municipal Corporation: CITY MANAGER (P-c Address: .Pf( i I j t 'FL MOW , Company: 'eF cue 9 % 235 By: , Property Manager Date: d/f 2%fa 5 Gateway at Wynwood Memorandum of Agreement Rooftop Access CITY OF MIAMI, a Florida Municipal Corporation By: Arthur Noriega V, City Manager Attest: Approved as to Form and Correctness: By: Georgsong, Ill City Attorney (JCP / 25-1052 - The Gateway at Wynwood - 2916 N Miami Av - Rooftop access) Approved as to Insurance Requirements: Date: (/— l Date: Date: 4/25/25 By: �Yi( Date: 04/17/25 Ann -Marie Sharpe, Director of Risk Management Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.