HomeMy WebLinkAboutR-22-0270City of Miami
Resolution R-22-0270
Legislation
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.
City of Miami Page 1 of 2 File ID: 12206 (Revision:) Printed On: 6/16/2025
File ID: 12206 Enactment Number: R-22-0270
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, ity Attor
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.
City of Miami Page 2 of 2 File ID: 12206 (Revision:) Printed on: 6/16/2025