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HomeMy WebLinkAboutR-18-0120City of Miami Legislation Resolution: R-18-0120 File Number: 3759 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/22/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO BELLSOUTH TELECOMMUNICATIONS, LLC, D/B/A AT&T FLORIDA ("AT&T"), A LIMITED LIABILITY COMPANY OF THE STATE OF GEORGIA, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF APPROXIMATELY TEN (10) FEET WIDE OF CITY -OWNED PROPERTY KNOWN AS CITY HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, FOLIO NUMBER 01-4122-002- 0010, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" OF THE EASEMENT, FOR AT&T TO CONSTRUCT, OPERATE, MAINTAIN, ADD, AND/OR REMOVE SUCH SYSTEMS OF COMMUNICATION, FACILITIES, STAND-BY GENERATORS, AND ASSOCIATED FUEL SUPPLY SYSTEMS AS A MEANS OF PROVIDING UNINTERRUPTED SERVICE DURING COMMERCIAL POWER OUTAGES, WITH ALL WIRING, CABLE, AND CONDUITS TO BE PLACED UNDERGROUND, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE THE VOLTAGE, AND REMOVE SUCH FACILITIES OR ANY OF THEM WITHIN THE EASEMENT, AS LONG AS ALL IMPROVEMENTS REMAIN UNDERGROUND, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM; FURTHER CONTAINING A REVERTER PROVISION IF THE EASEMENT IS ABANDONED OR DISCONTINUED. WHEREAS, Bellsouth Telecommunications, LLC, a Georgia limited liability company, d/b/a AT&T Florida ("AT&T" ), has requested to the City of Miami ("City") a grant of easement of approximately ten (10) feet wide of City -owned property located at City Hall, 3500 Pan American Drive, Miami, Florida 33133, Folio number 01-4122-002-0010, as more particularly described in Exhibit "A" of the Grant of Easement ("Easement"), attached and incorporated; and WHEREAS, said Easement will be used to construct, operate, maintain, add, and/or remove such systems of communication, facilities, stand-by generators, and associated fuel supply systems as a means of providing uninterrupted service during commercial power outages, with all wiring, cable, and conduits to be placed underground, with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the Easement, as long as all improvements remain underground with full right of ingress thereto and egress therefrom; and WHEREAS, the Easement shall further contain a reverter provision that if the easement is abandoned or discontinued, the easement shall cease and revert back to 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 adopted by reference and incorporated as fully set forth in this Section. City of Miami Page 1 of 2 File ID: 3759 (Revision:) Printed On: 7/9/2018 File ID: 3759 Enactment Number: R-18-0120 Section 2. The City Manager is authorized' to execute the Easement of approximately ten (10) feet wide of City -owned property located at City Hall, 3500 Pan American Drive, Miami, Florida 33133, Folio number 01-4122-002-0010, as more particularly described in Exhibit "A" of the Easement, attached and incorporated, for AT&T to construct, operate, maintain, add, and/or remove such systems of communication, facilities, stand-by generators, and associated fuel supply systems as a means of providing uninterrupted service during commercial power outages, with all wiring, cable, and conduits to be placed underground, with the right to reconstruct, improve, change the voltage, and remove such facilities or any of them within the Easement, as long as all improvements remain underground, with full right of ingress thereto and egress therefrom, and further containing a reverter provision if the Easement is abandoned or discontinued. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: l Una ndeU�z,ty Httor iey 3/12/2018 ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. 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 2 of 2 File ID: 3759 (Revision:) Printed on: 7/9/2018