RE.5 - Allow Fpl Construction Staging Access

WHEREAS, the City of Miami (“City”) is the fee simple owner of the real property located at 455 Northwest 47 Avenue, Miami, Florida 33126, commonly known as Charlie Delucca Park (“City Property”), as more particularly described in Exhibit “A,” attached and incorporated (“the Access Area”); and

WHEREAS, Florida Power & Light Company, a Florida corporation (“FPL”) is the fee simple owner of the real property located at 4631 Northwest 4 Street, Miami, Florida 33126, commonly known as an FPL electrical substation (“FPL Property”); and

WHEREAS, FPL has requested permission to enter upon the Access Area over which certain equipment and facilities will ingress and egress and/or be staged for the construction of a wall, defined hereinbelow; and

WHEREAS, the City desires to grant FPL a Temporary Access and Construction Staging Area and Hold Harmless Agreement (“Agreement”) to construct a precast, concrete wall (“Wall”) around and on the FPL Property which is adjacent to and adjoins the southern boundary of the City Property and for the use of the Access Area for staging and ancillary activities related to the construction of the Wall on the adjacent FPL Property, including the right of ingress and egress, the use of vehicles, equipment, and construction materials, the installation of temporary fencing and mats, vegetation clearing and maintenance, and excavation, grading, leveling, and backfilling to facilitate the project (“Intended Purpose”);

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 authorized to negotiate and execute the Agreement with FPL, in a form acceptable to the City Attorney, for the use of the Access Area, as more particularly described in Exhibit “A,” attached and incorporated, for the Intended Purpose.

Section 3. The City Manager is further authorized1 to negotiate and execute all necessary documents, including amendments and modifications to said Agreementin furtherance of the Intended Purpose, in a form acceptable to the City Attorney.

Section 4.  This Resolution shall become effective immediately upon its adoption.