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HomeMy WebLinkAboutExhibit C-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Exhibit "Cj" CITY OF MIAMI, FLORIDA INTER-OFFICEVIEMORANDUM mo• w., r: Arthur Noriega V City Manager '2.5 FEB27 AM 9: 47 DATE: `v C CITY Y CL .SUBJECT: CITY OF MIAMI OS FROM: Andrew Frey, Director[ Department of Real Estate & Asset Management ("DREAM") February 19, 2025 Easement Agreement for FPL Striker Substation at Miami Freedom Park REFERENCES: N/A ENCLOSURES: Mr. Manager, This is regarding agenda item File ID 17244 for a Resolution of the Miami City Commission, granting easement rights to Florida Power and Light Company ("FPL") for the proposed FPL Striker Substation, on a certain portion of Miami Freedom Park identified by Folio Numbers 01-3132-000-0090 and 01-3132-000-0105, Miami, Florida ("Property"). The City of Miami ("City") and Miami Freedom Park, LLC, a Delaware limited liability company (the "Tenant") entered into that certain Ground Lease for Soccer Stadium, effectively dated February 9, 2023 (the "Ground Lease"). Pursuant to the Ground Lease, City leased to Tenant that certain parcel of real property for a soccer stadium (the "Stadium Parcel"). To operate the Stadium Parcel efficiently, the City seeks to establish an electric substation. Also, the City is currently in the process of constructing a new administrative headquarters, which shall be located within a portion of the Property ("New City Administration Building"). FPL has requested the easements ("Easement Agreement") on that certain portion of the Property, containing a combined total size of approximately ninety-three thousand four hundred fifty-nine thousand (93,459) square feet, for the equipment and improvements constructed or placed on the substation premises, including but not limited to an electric substation and equipment associated therewith, attachments and appurtenant facilities, equipment for the transmission and distribution of electricity and for utility communication purposes and other uses consistent with the operation of an electric utility substation, including, but not limited to, above ground and underground wires, poles, breakers, bus, relay vault, towers, cables, conduits, fiber, anchors, guys, conveyance pipes related to the exfiltration system and equipment associated therewith, attachments and appurtenant equipment, transformers, buildings, fences, roads, driveway, trails, landscape and irrigation, attachments and equipment for electrical purposes, and other uses consistent with the operation of an electric utility substation (collectively, "Substation Facilities"). FPL has agreed to compensate the City in the amount of Two Million Eight Hundred Thousand Dollars ($2,810,000) for the Easement Agreement for the Substation Facilities. There is currently in effect a franchise agreement between the City and FPL, the terms of which are set forth in City of Miami Ordinance No. 9472. The City recognizes FPL as a public utility which has the demonstrated ability to supply such electrical services. Therefore, the Substation Facilities will be necessary in order to bring electrical service to the New City Administration Building and Stadium Parcel. Section 18-179 of the City Code provides that competitive bidding requirements may be waived upon the City Manager's finding "that such methods would be futile for the reason that only one possible bidder can be chosen" so long as the procedural requirements of Section 18-182 are satisfied. Section 18-182(c) of the City Code provides in relevant part that "the city commission may declare an exemption from the restrictions contained in subsection (a) above and declare them inapplicable by resolution provided that the city manager has made a written finding that it is in the best interest of the city, which findings must be ratified by an affirmative vote of 2/3 of the commission after properly advertised public hearing." In light of the above, this memorandum serves to confirm your findings and recommendation to the City Commission that it is in the best interest to consummate this Easement Agreement to FPL. Please sign below to acknowledge your approval. [vuArDocuSlgned by: itbritlek, February 19, 2025 1 11:48:31 EST 8c CrsC372DD42A... Art Noriega V City Manager 17244 Exhibit C-SUB SUBSTITUTED Exhibit C Placeholder City Manager's findings and recommendation will be distribu d on or before the item is heard by City Commission and this placeh• der shall be substituted thereby.