HomeMy WebLinkAboutR-25-0060City of Miami
Resolution R-25-0060
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17244 Final Action Date: 2/27/2025
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: A) Printed On: 8/14/2025
File ID: 17244 Enactment Number: R-25-0060
CHOSEN, AS FURTHER DETAILED IN THE ATTACHED AND
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.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, the City of Miami ("City"), owns certain real property identified by Folio Nos.
01-3132-000-0090 and 01-3132-000-0105, Miami, Florida (collectively, "Property"); and
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
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: A) Printed on: 8/14/2025
File ID: 17244 Enactment Number: R-25-0060
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 authorizedI 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 budgetary
approvals.
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 3 of 4 File ID: 17244 (Revision: A) Printed on: 8/14/2025
File ID: 17244 Enactment Number: R-25-0060
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ge Wy j ng III, C y ttor -y 3/5/2025
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: A) Printed on: 8/14/2025