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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.