HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #12206
Date: 06/27/2022
Commission Meeting Date: 07/28/2022
Type:
Subject:
Requesting Department: Office of Capital
Improvements
Sponsored By:
District Impacted: District 5
Resolution
Agreement - Moore Park Gym Non -Disturbance FPL 40-B193513
Purpose of Item:
A Resolution of the Miami City Commission, with attachment(s), authorizing the City
Manager to execute a Non -Disturbance Agreement, in substantially the attached form,
with Florida Power and Light Company ("FPL"), a for -profit Florida Corporation, for the
encroachment of a proposed gymnasium in Moore Park on portions of the FPL
Easement recorded in the official record book 28859 on page 3531 in support of Office
of Capital Improvements Project number 40-B193513.
Background of Item:
The City of Miami ("Miami") owns the property located at 765 NW 36th Street Miami,
Florida (Also known as Moore Park). The City intends to construct a twenty thousand
(20,000) square foot multipurpose gym with and elevated track as an addition to the
existing community center. A portion of the gym encroaches on a utility easement held
by FPL. While amenable to the encroachment FPL does not want to relinquish any right
it may have in and to the utility easement and request the City enter into an agreement
to commemorate the terms under which the encroachment will remain in place within
the utility easement.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
0
CIP Project No:
40-B193513
Office of Capital Improvements Hector L Badia
Office of Management and Budget Lai -wan McGinnis
Office of Management and Budget Marie Gouin
City Manager's Office Nzeribe Ihekwaba
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Department of Resilience and Public Works
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
Joseph Murray
Completed
Completed
Completed
Completed
Completed
Completed
ACA Review
06/28/2022 6:43 PM
07/12/2022 5:13 PM
07/13/2022 8:48 AM
07/13/2022 1:56 PM
07/14/2022 4:45 PM
07/15/2022 1:55 PM
Completed
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 07/19/2022 10:48 AM
City Commission Nicole Ewan Meeting Completed 07/28/2022 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 08/01/2022 6:25 PM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0270
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12206 Final Action Date:7/28/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON -
DISTURBANCE AGREEMENT AND ANY AMENDMENTS THERETO, ALL IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH FLORIDA POWER & LIGHT
COMPANY ("FPL") REGARDING THE ENCROACHMENT OF A PROPOSED
MULTIPURPOSE SPORTS GYMNASIUM IN MOORE PARK LOCATED AT 765
NORTHWEST 36 STREET, MIAMI, ON PORTIONS OF THE FPL EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 28859 ON PAGE 3531, AS PART OF
OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B193513.
WHEREAS, the City of Miami ("City") intends to design and construct a new twenty
thousand (20,000) square foot multipurpose sports gymnasium with an elevated running track
as an addition to the existing Community Center in Moore Park located at 765 Northwest 36
Street, Miami ("Property"), as part of Office of Capital Improvements ("OCI") Project No. 40-
B193513 ("Project"); and
WHEREAS, the City previously granted Florida Power & Light Company ("FPL") a non-
exclusive underground easement in the Property ("Easement"), which was recorded in Official
Record Book 28859 at Page 3531 of the Public Records of Miami -Dade County, Florida on
October 9, 2013, and is attached hereto and incorporated as Exhibit A; and
WHEREAS, a portion of the proposed gymnasium encroaches on the Easement
("Encroachment") as reflected on the sketch attached hereto and incorporated as Exhibit B;
and
WHEREAS, FPL is agreeable to the Encroachment remaining in its proposed
location within the Easement, but does not desire to release any easement rights it may
have in and to the Easement; and
WHEREAS, the City and FPL wish to commemorate an agreement that the
Encroachment remain in its proposed location within the Easement via the execution of a
Non -Disturbance Agreement ("Agreement"); and
WHEREAS, the City Manager requests authorization to negotiate and execute said
Agreement with FPL and any amendments thereto, all in a form acceptable to the City Attorney;
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 Manager is authorized to negotiate and execute an Agreement with
FPL and any amendments thereto, all in a form acceptable to the City Attorney, regarding the
Encroachment on the Easement.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Httor
ey ) 7/19/2022
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.