PH.12 - A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), PURSUANT TO SECTION 29-B(C) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A GRANT OF EASEMENT (“EASEMENT”), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE FLORIDA POWER & LIGHT COMPANY, A FLORIDA PROFIT CORPORATION (“FPL”), FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT CONTAINING A TOTAL SIZE OF APPROXIMATELY FOUR HUNDRED TWENTY-TWO (422) SQUARE FEET, AS LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED AND INCORPORATED, (THE “EASEMENT AREA”) WITHIN A PORTION OF CITY OF MIAMI (“CITY”) OWNED PROPERTY LOCATED AT 455 NORTHWEST 47 AVENUE, (FOLIO NUMBER 01-4105-101-0010), MIAMI, FLORIDA, ALSO KNOWN AS CHARLIE DELUCCA PARK (“PROPERTY”), FOR FPL'S CONSTRUCTION, OPERATION, AND MAINTENANCE OF ELECTRIC UTILITY FACILITIES, INCLUDING CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE GROUND EQUIPMENT, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EASEMENT, INCLUDI...

WHEREAS, the City of Miami (“City”) is the fee simple owner of the property located at 455 Northwest 47 Avenue, Folio Number 01-4105-101-0010, Miami, Florida, also known as Charlie Delucca Park (“Property”); and

WHEREAS, pursuant to Resolution No. R-24-0420, adopted on October 24, 2024, Florida Power & Light Company, a Florida profit corporation (“FPL”), and the City previously executed an Electric Vehicle Charging Equipment Agreement in connection with the FPL’s ongoing program to install electric vehicle charging stations and related equipment on public and private properties at the sole cost of FPL hereinafter referred to as FPL Evolution; and

WHEREAS, FPL has requested the grant of a perpetual, non-exclusive easement (“Easement”) containing a total size of approximately four hundred twenty-two (422) square feet, within the Property, as more particularly described in Exhibit “A,” attached and incorporated (the “Easement Area”); and

WHEREAS, the purpose of the Easement is for the construction, operation, and maintenance, (including cables, conduits, appurtenant equipment and appurtenant above ground equipment) to be installed from time to time, with the right to reconstruct, improve, add to, enlarge, change the voltage, change the size of, and remove all or any of the facilities within said Easement Area located at the Property to provide electrical service to the FPL Evolution charging stations (“Intended Purpose”); and

WHEREAS, there will be no cost to the City for constructing the proposed utility facilities within the Easement Area for the Intended Purpose; and

WHEREAS, the Easement shall be granted to implement a project of a governmental agency or instrumentality in accordance with Section 29-B(c) of the Charter of the City of Miami, Florida, as amended;

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, in a form acceptable to the City Attorney, in favor of FPL for the Intended Purpose within the Easement Area located at the Property, in accordance with the terms and conditions of the Easement.

Section 3.  The City Manager is further authorized to negotiate and execute any and all necessary documents, in a form acceptable to the City Attorney, in connection with the Easement.

Section 4.  This Resolution shall become effective immediately upon its adoption and signature of the Mayor.