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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami EiVED Resolution 2025 FEB 27 $M 9: tilegislation fr-7M,` "r►CITYC!R'r.. File Number: 17244 LI I�Y Ci MIAMI City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUBSTATION EASEMENT AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION ("FPL"), FOR THE CONVEYANCE OF CERTAIN EASEMENTS ON PORTIONS OF THE CITY" -OWNED PROPERTIES IDENTIFIED BY FOLIO NUMBERS 01- 3132-000-0090 AND 01-3132-000-0105, MIAMI, FLORIDA (COLLECTIVELY, "PROPERTY"), CONTAINING A COMBINED TOTAL SIZE OF APPROXIMATELY NINETY-THREE THOUSAND, FOUR HUNDRED FIFTY- NINE (93,459) SQUARE FEET, AS LEGALLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION AND MAINTENANCE OF 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"); FURTHER AUTHORIZING THE CITY MANAGER TO INCLUDE IN SUCH EASEMENT AGREEMENT A PERPETUAL NON-EXCLUSIVE ACCESS ROAD EASEMENT FOR ACCESS TO THE SUBSTATION FACILITIES THROUGH THE PORTION OF THE PROPERTY CONTAINING A TOTAL SIZE OF APPROXIMATELY THREE HUNDRED FORTY-SEVEN THOUSAND, ONE HUNDRED SIXTY-NINE (347,169) SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID EASEMENT AGREEMENT, INCLUDING BUT NOT LIMITED TO AGREEMENTS FOR TEMPORARY STAGING AREAS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THIS TRANSACTION; DISPENSING OF COMPETITIVE BIDDING PURSUANT TO CITY CODE SECTION 18-179 BASED UPON THE CITY MANAGER'S FINDINGS THAT COMPETITIVE BIDDING METHODS ARE FUTILE FOR THE REASON THAT ONLY ONE POSSIBLE BIDDER COULD BE City of Miami Page 1 of 4 File ID: 17244 (Revision:) Printed On: 2/18/2025 17244 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17244 Enactment Number: CHOSEN, AS FURTHER DETAILED IN THE ATTACHED AND r..a INCORPORATED EXHIBIT "C"; DECLARING CITY CODE SECTION 18-1$ (A) AS INAPPLICABLE; ACCEPTING AND ALLOCATING FUNDS RECEIVER-*3 EXCHANGE FOR THE CONVEYANCE OF SUCH EASEMENTS TO AN AUTHORIZED ACCOUNT YET TO BE DETERMINED, SUBJECT TO -‹—•i SV NECESSARY BUDGETARY APPROVALS. -n SPONSOR(S): Commissioner Miguel Angel Gabela -< w WHEREAS, the City of Miami ("City"), owns certain real property identified bj oli los. 01-3132-000-0090 and 01-3132-000-0105, Miami, Florida (collectively, "Property"); a'rd WHEREAS, City and Miami Freedom Park, LLC, a Delaware limited liability company ("Tenant") entered into that certain Ground Lease for Soccer Stadium for the construction of a soccer stadium and ancillary facilities ("Stadium"), and that certain Ground Lease for Miami Freedom Park Commercial Development for the construction of various commercial improvements ("Commercial Development"), both of which are dated February 9, 2023; and WHEREAS, the City is currently in the process of constructing a new administrative headquarters, which shall be located within a portion of the Property ("New Administration Building); and WHEREAS, in order to ensure the efficient and effective operation of the Stadium, the Commercial Development, and the City's New Administrative Building, the City seeks to establish an electric substation within the Property; and rn In rn C7 WHEREAS, Florida Power & Light Company ("FPL") has requested that the City authorize the conveyance of various easements pursuant to a Substation Easement Agreement ("Easement Agreement") on certain portions of the Property, containing a combined total size of approximately ninety-three thousand, four hundred fifty-nine (93,459) square feet, as more particularly described in Exhibit "A," attached and incorporated, for the construction and maintenance of an electric substation, 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 Easement"); and WHEREAS, FPL has further requested that the City grant a perpetual non-exclusive access road easement for access to the Substation Facilities through the portion of the Property containing a total size of approximately three hundred forty-seven thousand, one hundred sixty- nine (347,169) square feet, as legally described in Exhibit "B," attached and incorporated ("Access Road Easement"); and WHEREAS, in no event shall the authority to convey the easements contemplated herein be construed as an authority to convey a leasehold interest, fee simple interest, or any other interest greater than the easements for the limited purposes specified herein; and City of Miami Page 2 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17244 Enactment Number. WHEREAS, FPL has agreed to compensate the City in the amount of Two Million, Eight Hundred Ten Thousand Dollars ($2,810,000.00) for the conveyance of the Substation Facilities Easement and Access Road Easement pursuant to the Easement Agreement ("Fee"); and WHEREAS, the City Manager has determined that conveyance of the Substation Facilities Easement and Access Road Easement to FPL is in the best interest of the City and that competitive bidding methods are futile for the reason that only one possible bidder could be chosen, as more particularly detailed in Exhibit "C", attached and incorporated ("Findings"); and WHEREAS, the City Manager recommends that competitive bidding be dispensed with based upon the Findings, pursuant to City Code Section 18-179; and WHEREAS, the City Manager further requests that the City Commission declare the restrictions contained in City Code Section 18-182(a) as inapplicable based upon the Findings, which must be ratified by an affirmative vote of two-thirds of the City Commission after a properly advertised public hearing; and WHEREAS, granting the Substation Facilities Easement and Access Road Easement to FPL in the manner contemplated herein is in the best interest of the City; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized' to negotiate and execute the Easement Agreement for the conveyance of the Substation Facilities Easement and Access Road Easement, in a form acceptable to the City Attorney. Section 3. The City Manager is further authorized' to negotiate and execute all necessary documents, including amendments and modifications to said Easement Agreement, including but not limited to agreements for temporary staging areas, all in forms acceptable to the City Attorney, as may be necessary to effectuate this transaction. Section 4. Pursuant to City Code Section 18-179, the Findings are accepted, and competitive bidding is hereby dispensed with as only one possible bidder could be chosen. Section 5. The City Commission, by a four -fifths affirmative vote after a properly advertised public hearing, hereby declares City Code Section 18-182(a) as inapplicable based upon the Findings. Section 6. The City Commission authorizes the acceptance and allocation of the Fee in exchange for the conveyance of the Substation Facilities Easement and Access Road ,,,, Easement to an authorized account yet to be determined, subject to necessary budgiiaryf approvals. :-, 70 '4• 01 CO �.t rn 1 The herein authorization is further subject to compliance with all legal requirements that a"be imposed, including but not limited to, those prescribed by applicable City Charter and City a < provisions. 7:..� i --n .. C7 r-- rm J City of Miami Page 3 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 17244 Enactment Number. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: c-) 2 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 4 of 4 File ID: 17244 (Revision:) Printed on: 2/18/2025 File Number: 17244 City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.co Final Actio ' ate: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHME (S), BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A SUBSTATION EASEM - T AGREEMENT ("EASEMENT AGREEMENT"), IN A FORM ACCEPT E TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY") FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT C ("FPL"), FOR THE CONVEYANCE OF CERTAIN EASEMENTS OF THE CITY OF MIAMI ("CITY") OWNED PROPERTIES ID FOLIO NUMBERS 01-3132-000-0090 AND 01-3132-000-0 FLORIDA (COLLECTIVELY, "PROPERTY"), CONTAIN! TOTAL SIZE OF APPROXIMATELY NINETY-THREE T HUNDRED FIFTY-NINE (93,459) SQUARE FEET, A IN COMPOSITE EXHIBIT "A," ATTACHED AND IN CONSTRUCTION AND MAINTENANCE OF AN EQUIPMENT ASSOCIATED THEREWITH, A APPURTENANT FACILITIES, EQUIPMENT DISTRIBUTION OF ELECTRICITY AND F PURPOSES AND OTHER USES CONSI AN ELECTRIC UTILITY SUBSTATION ABOVE GROUND AND UNDERGR RELAY VAULT, TOWERS, CABLE CONVEYANCE PIPES RELATE EQUIPMENT ASSOCIATED T APPURTENANT EQUIPME ROADS, DRIVEWAY, T ATTACHMENTS AND E OTHER USES CONSI UTILITY SUBSTATI FURTHER AUTHO EASEMENT AG EASEMENT F THE PORTI APPROXI HUNDR IN EX THE DO D THE PORATION N PORTIONS TIFIED BY 5, MIAMI, A COMBINED OUSAND, FOUR EGALLY DESCRIBED RPORATED, FOR THE ECTRIC SUBSTATION AND CHMENTS AND R THE TRANSMISSION AND UTILITY COMMUNICATION ENT WITH THE OPERATION OF CLUDING, BUT NOT LIMITED TO, ND WIRES, POLES, BREAKERS, BUS, , CONDUITS, FIBER, ANCHORS, GUYS, 0 THE EXFILTRATION SYSTEM AND REWITH, ATTACHMENTS AND , TRANSFORMERS, BUILDINGS, FENCES, S, LANDSCAPE AND IRRIGATION, IPMENT FOR ELECTRICAL PURPOSES, AND ENT WITH THE OPERATION OF AN ELECTRIC (COLLECTIVELY, "SUBSTATION FACILITIES"); ZING THE CITY MANAGER TO INCLUDE IN SUCH EMENT A PERPETUAL NON-EXCLUSIVE ACCESS ROAD ACCESS TO THE SUBSTATION FACILITIES THROUGH OF THE PROPERTY CONTAINING A TOTAL SIZE OF TELY THREE HUNDRED FORTY-SEVEN THOUSAND, ONE SIXTY-NINE (347,169) SQUARE FEET, AS LEGALLY DESCRIBED IT "B," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING TY MANAGER TO NEGOTIATE AND EXECUTE ALL NECESSARY MENTS, INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID SEMENT AGREEMENT, INCLUDING BUT NOT LIMITED TO GREEMENTS FOR TEMPORARY STAGING AREAS, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE NECESSARY TO EFFECTUATE THIS TRANSACTION; DISPENSING OF COMPETITIVE BIDDING PURSUANT TO CITY CODE SECTION 18-179 BASED UPON THE CITY MANAGER'S FINDINGS THAT COMPETITIVE BIDDING METHODS ARE FUTILE FOR THE REASON THAT ONLY ONE POSSIBLE BIDDER COULD BE CHOSEN, AS FURTHER DETAILED IN THE ATTACHED AND SUBSTITUTED INCORPORATED EXHIBIT "C;" DECLARING CITY CODE SECTION 18-182(A) AS INAPPLICABLE; ACCEPTING AND ALLOCATING FUNDS RECEIVED IN EXCHANGE FOR THE CONVEYANCE OF SUCH EASEMENTS TO AN AUTHORIZED ACCOUNT YET TO BE DETERMINED, SUBJECT TO NECESSARY BUDGETARY APPROVALS. WHEREAS, the City of Miami ("City"), owns certain real property identified by Fo'. Nos. 01-3132-000-0090 and 01-3132-000-0105, Miami, Florida (collectively, "Property"); a WHEREAS, City and Miami Freedom Park, LLC, a Delaware limited liabilit company ("Tenant") entered into that certain Ground Lease for Soccer Stadium for the co, . truction of a soccer stadium and ancillary facilities ("Stadium"), and that certain Ground Le e for Miami Freedom Park Commercial Development for the construction of various co ercial improvements ("Commercial Development"), both of which are dated Febr ry 9, 2023; and WHEREAS, the City is currently in the process of constructing new administrative headquarters, which shall be located within a portion of the Property New Administration Building); and WHEREAS, in order to ensure the efficient and effecti Commercial Development, and the City's New Administrativ establish an electric substation within the Property; and operation of the Stadium, the uilding, the City seeks to WHEREAS, Florida Power & Light Company L") has requested that the City authorize the conveyance of various easements pur ant to a Substation Easement Agreement ("Easement Agreement") on certain portions of the roperty, containing a combined total size of approximately ninety-three thousand, four hund d fifty-nine (93,459) square feet, as more particularly described in Exhibit "A," attached - d incorporated, for the construction and maintenance of an electric substation, inclu• g but not limited to an electric substation and equipment associated therewith, attachm e is and appurtenant facilities, equipment for the transmission and distribution of electric! , and for utility communication purposes and other uses consistent with the operation of an el- ric utility substation, including, but not limited to, above ground and underground wires, pole ., breakers, bus, relay vault, towers, cables, conduits, fiber, anchors, guys, conveyance pipes -fated to the exfiltration system and equipment associated therewith, attachments and app enant equipment, transformers, buildings, fences, roads, driveway, trails, landscape a irrigation, attachments and equipment for electrical purposes, and other uses consistent the operation of an electric utility substation (collectively, "Substation Facilities Easent"); and WHEREAS, F' has further requested that the City grant a perpetual non-exclusive access road ease t for access to the Substation Facilities through the portion of the Property containing a total ze of approximately three hundred forty-seven thousand, one hundred sixty- nine (347,169) - • uare feet, as legally described in Exhibit "B," attached and incorporated ("Access Ro. - Easement"); and W REAS, in no event shall the authority to convey the easements contemplated herein . construed as an authority to convey a leasehold interest, fee simple interest, or any other ' terest greater than the easements for the limited purposes specified herein; and W ' ' EAS, FPL has agreed to compensate the City in the amount of Two Million, Eight H dred Ten Thousand Dollars ($2,810,000.00) for the conveyance of the Substation Facilities asement and Access Road Easement pursuant to the Easement Agreement ("Fee"); and WHEREAS, the City Manager has determined that conveyance of the Substation Facilities Easement and Access Road Easement to FPL is in the best interest of the City and SUBSTITUTED that competitive bidding methods are futile for the reason that only one possible bidder could be chosen, as more particularly detailed in Exhibit "C", attached and incorporated ("Findings"); and WHEREAS, the City Manager recommends that competitive bidding be dispensed with based upon the Findings, pursuant to City Code Section 18-179; and WHEREAS, the City Manager further requests that the City Commission declare t restrictions contained in City Code Section 18-182(a) as inapplicable based upon the F" dings, which must be ratified by an affirmative vote of two-thirds of the City Commission aft a properly advertised public hearing; and WHEREAS, granting the Substation Facilities Easement and Access R FPL in the manner contemplated herein is in the best interest of the City; d Easement to NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION ' THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Prea e to this Resolution are hereby adopted by reference thereto and incorporated herein as ' ully set forth in this Section. Section 2. The City Manager is hereby authorized' to egotiate and execute the Easement Agreement for the conveyance of the Substatio acilities Easement and Access Road Easement, in a form acceptable to the City Attorne Section 3. The City Manager is further author" ed' to negotiate and execute all necessary documents, including amendments and odifications to said Easement Agreement, including but not limited to agreements for tempo = ry staging areas, all in forms acceptable to the City Attorney, as may be necessary to effe• ate this transaction. Section 4. Pursuant to City Code S: tion 18-179, the Findings are accepted, and competitive bidding is hereby dispensed ith as only one possible bidder could be chosen. Section 5. The City Commiss , n, by a four -fifths affirmative vote after a properly advertised public hearing, hereby • clares City Code Section 18-182(a) as inapplicable based upon the Findings. Section 6. The City C mission authorizes the acceptance and allocation of the Fee in exchange for the conveya e of the Substation Facilities Easement and Access Road Easement to an authori account yet to be determined, subject to necessary budgetary approvals. Section 7. is Resolution shall become effective immediately upon its adoption and signature of the ayor.2 APPROVED S TO FORM AND CORRECTNESS: 1 Th im erein authorization is further subject to compliance with all legal requirements that may be sed, including but not limited to, those prescribed by applicable City Charter and City Code visions. 2 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.