HomeMy WebLinkAboutR-18-0372City of Miami
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Legislation
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Resolution: R-18-0372
File Number: 4249
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
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 (4/51ns) 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
City of Miami Page 1 of 3 File ID: 4249 (Revision:) Printed On: 11/20/2018
File ID: 4249
Enactment Number: R-18-0372
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.'
' 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.
City of Miami Page 2 of 3 File ID: 4249 (Revision:) Printed on: 11/20/2018
File ID: 4249
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Attor ey 9/25/2018
Enactment Number: R-18-0372
City of Miami Page 3 of 3 File ID: 4249 (Revision:) Printed on: 1112012018