Loading...
129-93 RDA RESOLUTION NO. 129-93 A RESOLUTION APPROPRIATING FUNDS FOR THE RELOCATION OF FLORIDA POWER AND LIGHT COMPANY FACILITIES THAT EXIST WITHIN THE FIRST PHASE PARCEL OF THE COBB PARTNERS PROJECT SITE, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A FACILITIES RELOCATION AGREEMENT TO EFFECT SAID RELOCATION. WHEREAS, on March 31, 1989 the Miami Beach Redevelopment ~ Agency entered into an agreement with Cobb Partners Development, ;;. " Inc., for the construction of a town-home project in an effort to stimulate development in the South pointe Redevelopment area. WHEREAS, the Miami Beach Redevelopment Agency has invested public funds in excess of $6,000,000 to assemble the properties necessary for the construction of the First Phase of the Cobb Partners townhouse project; and, WHEREAS, lying within the First Phase of the Cobb Project site, there are certain facilities owned by Florida Power and Light Company which must be removed and relocated to other existing rights-of-way in order to facilitate the development of said project; and, WHEREAS, under the terms of the Development Agreement the Miami Beach Redevelopment Agency committed to fully cooperate with Cobb Partners' efforts to obtain removal of privately-owned utility lines from street rights-of-way; and, WHEREAS, even though in accordance with the terms of the Development Agreement the Redevelopment Agency is not responsible for any costs related to the removal of any of Florida Power & Light Company facilities, the Redevelopment Agency has deemed that due to time constraints associated with the closing of the First Phase Parcel, it would be beneficial to expedite the relocation of said facilities by providing interim funding and obtaining a reimbursement from Cobb Partners at the time of closing; and, Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 March 3, 1992 Wayne Blanchett Major Account Manager Florida Power & Light Company P.O. Box 025209 Miami, Florida 33102-5209 SUBJECT: FACILITIES RELOCATION AGREEMENT FOR THE COBB PROJECT SITE Dear Mr. Blanchett, The Miami Beach Redevelopment Agency (Agency) has approved your proposal for the removal and relocation of the facilities identified as: any, and all, poles, wires, cables, underground or above-ground conduits, manholes, or any other fixtures, equipment, or facilities owned, operated, or controlled by Florida Power & Light Company (FPL), and located within the area bounded by the east side of Alton Road on the west, the west side of Meridian Avenue on the east, the north side of First (1st) Street on the south, and the south side of Second (2nd) Street on the north, all of which is in the City of Miami Beach, Florida, and specifically lying in Ocean Beach Addition No.3, as recorded in Plat Book 2, Page 81, of the public records of Dade County, Florida. The Agency shall pay the actual cost of the relocation not to exceed 110% of the estimated cost of Twenty-nine Thousand and Forty-six Dollars ($29, 046.00). Changes in the scope of the relocation work requested by the Agency or due to unknown site conditions are not included within this estimate or the 110\ limitations on actual cost. The Agency will not perform or allow its contractors or third parties to perform any construction in or around the area of the utility facilities of FPL during the relocation of FPL facilities. The Agency shall pay FPL the full estimated amount prior to the start of construction by FPL. This action was Agency Agenda Item 4.A. of the meeting of March 3, 1993. You are hereby authorized to proceed with the above described work upon payment of the estimated amount by the Agency and, upon completion, to bill the Agency for the actual cost if in excess of the estimated amount, as provided above. The Agency shall require refund Of any amount paid to FPL in excess of the actual cost. Miami Beach Redevelopment Agency ~~ Roger M. Carlton, Executive Director by au . WHEREAS, Florida Power & Light Company has submitted to the Redevelopment Agency a written proposal for the relocation of their facilities within the First Phase of the Cobb Project site; and, WHEREAS, funds in the amount of $34,855.20 are available in the Agency's Operating Budget for Fiscal Year 1993. NOW, THEREFORE, BE IT DULY RESOLVED BY THE BOARD OF DIRECTORS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, THAT: 1. The Executive Director be authorized to execute the attached Facilities Relocation Agreement (Exhibit "A") between the Miami Beach Redevelopment Agency and Florida Power and Light Company for the removal and relocation of any existing facilities located within the First Phase of the Cobb project site. 2. An amount of $34,855.20 be appropriated, from the Redevelopment Agency's operating Budget for fiscal year 1993, to fund the costs of relocating Florida Power & Light Company facilities that lie within the Cobb Partners Project site. PASSED and ADOPTED this 3rd , 1993. CHAIRMAN ATTEST: FORM ~ROVED By~~~l , / ?~ Oat } ; [1// ff3 :JGulVl\.,4- [~.'~ CVVV'--. SECRETARY Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 RBDBVBLOPMBNT AGBNCY MENORANDUK NO. 93-10 March 3, 1993 TO: Chairman and Members of the Board of the Redevelopment Agency PROM: Roger M. Carlton /JJ h M) .- Executive Direc~ SUBJBCT: A RESOLUTION APPROPRIATING PUNDS POR THB RBLOCATION OW FLORIDA pown AND LIGHT COMPANY FACILITIBS THAT EZIST WITHIN THB FIRST PJlASE PARCEL OW THB COBB PARTJlBRS PROJECT SITE, AND AUTHORIZING THB BZBCUTIVB DIRECTOR TO EZECUTB A WACILITIES RELOCATION AGRBBKBRT TO BFFBCT SAID RELOCATION. ADMINISTRATION RECOKMBNDATION: The Miami Beach Redevelopment Agency (Agency) Administration recommends that the Agency's Board adopt the attached resolution appropriating funds, in the amount of $34,855.20, for the relocation of existing utilities owned by Florida Power and Light Company (FPL) within the First Phase Parcel of the Cobb Partners (Cobb) Development site, and authorize the Executive Director to contract for these services with Florida Power and Light Company as outlined in the attached Facilities Relocation Agreement. BACKGROUND: On March 31, 1989, the Miami Beach Redevelopment Agency entered into an Agreement with Cobb Partners Development, Inc., for the construction of a town-home project in an effort to stimulate development in the South pointe Redevelopment area. To date the Miami Beach Redevelopment Agency has expended public funds in excess of $6,000,000 to assemble the properties necessary for this phase of the project. According to City of Miami Beach (City) records FPL owns certain facilities that lie within the First Phase parcel of the Cobb Project. The First Phase of the project encompasses the area bounded by Alton Road on the west Meridian Avenue on the east, First Street on the south and Second Street on the north. ANALYSIS: Under the terms of the Development Agreement with Cobb Partners the Agency is Obliged to deliver the First Phase Parcel to Cobb, by August of 1993, or risk loosing the $500,000 security deposit, plus any interest accrued. The Agency has certain responsibilities regarding the relocation of privately-owned utility lines that lie within the Cobb Partners Project Site. In accordance with the terms of the Cobb Development au . KARCH 3, 1993 - 2 - AGDCY JOIIO 93-10 Agreement the Agency shall fully cooperate with Cobb's efforts to obtain removal of privately-owned utility lines from the street rights-of-way pursuant to City's franchise or license agreements. staff members from the Agency and the City's Public Works Department have been in contact with FPL representati ves in an effort to coordinate the relocation of their facilities. In accordance with the terms of the Development Agreement the Agency is not responsible for any costs related to the removal of any of FPL's facilities. However, due to the time constraints associated to the closing of the First Phase Parcel, the Agency Administration considers that it would be beneficial to expedite the relocation of FPL's facilities by providing interim funding and obtaining a reimbursement from Cobb at the time of closing. COlfCLUSZON: The Agency Administration believes that it must continue to move this project forward as expeditiously as possible. Furthermore, it has been determined that providing interim funding in order to expedite the relocation of these facilities is the most practical and appropriate course of action at this time. Therefore, the Agency Administration has concluded that it would be in the Agency's best interest to facilitate this process and recommends that FPL be authorized to proceed with this project. FPL has submi tted a proposal which estimates the relocation of their facilities at $29, 046.00. The proposal contains a "not to exceed clause" of 110\ of the aforementioned estimated amount, but does not include costs for any unforeseen site-conditions. The Agency Administration considers that the Agency Board should appropriate a total of $34,855.20 which would include a 20\ contingency of $5,809.20, to cover the "not to exceed clause" and for any costs associated with unforseen site-conditions. Funds for this project are available from the Redevelopment Agency's Operating Budget for fiscal year 1993. RMC:JD:rd Attachments Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 March 3, 1992 Wayne Blanchett Major Account Manager Florida Power & Light Company P.O. Box 025209 Miami, Florida 33102-5209 SUBJECT, FACILITIES RELOCATION AGREEMENT FOR THE COBB PROJECT SITE Dear Mr. Blanchett, The Miami Beach Redevelopment Agency (Agency) has approved your proposal for the removal and relocation of the facilities identified as: any, and all, poles, wires, cables, underground or above-ground conduits, manholes, or any other fixtures, equipment, or facilities owned, operated, or controlled by Florida Power & Light Company (FPL), and located within the area bounded by the east side of Alton Road on the west, the west side of Meridian Avenue on the east, the north side of First (1st) Street on the south, and the south side of Second (2nd) Street on the north, all of which is in the City of Miami Beach, Florida, and specifically lying in Ocean Beach Addition No.3, as recorded in Plat Book 2, Page 81, of the public records of Dade County, Florida. The Agency shall pay the actual cost of the relocation not to exceed 110\ of the estimated cost of Twenty-nine Thousand and Forty-.ix Dollar. ($29, 046.00). Changes in the scope of the relocation work requested by the Agency or due to unknown site conditions are not included within this estimate or the 110\ limitations on actual cost. The Agency will not perform or allow its contractors or third parties to perform any construction in or around the area of the utility facilities of FPL during the relocation of FPL facilities. The Agency shall pay FPL the full estimated amount prior to the start of construction by FPL. This action was Agency Agenda Item 4.A. of the meeting of March 3, 1993. You are hereby authorized to proceed with the above described work upon payment of the estimated amount by the Agency and, upon completion, to bill the Agency for the actual cost if in excess of the estimated amount, as provided above. The Agency shall require refund of any amount paid to FPL in excess of the actual cost. Miami Beach Redevelopment Agency ~I~ Roger M. Carlton, Executive Director by au .