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99-23350 RESO RESOLUTION NO. 99-23350 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE GRANT OF AN EASEMENT TO FLORIDA POWER & LIGHT COMPANY'(FPL) FOR THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT AT THE MIAMI CITY BALLET BUILDING SITE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE EASEMENT FOR THE REQUIRED UNDERGROUND FACILITIES AND TRANSFORMER VAULT. WHEREAS, the City and the Miami City Ballet (MCB) are parties to a Ground Lease Agreement, dated April 13, 1994, as amended, for the development and construction of a permanent facility for MCB, within the City's Cultural Campus, adjacent to Collins Park; and WHEREAS, the City, as Lessor, retains ownership of the land; and WHEREAS, construction of the new MCB facility is nearing completion and electrical service is required for testing and other construction needs; and WHEREAS, in order for Florida Power & Light to energize the building, the City must grant, execute and record the attached Easement for the underground utilities and the transformer vault. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein approve the grant of the attached Easement to Florida Power & Light Company (FPL) for the provision of underground distribution facilities and a transformer vault at the Miami City Ballet building site; and authorize the Mayor and City Clerk to execute and record the Easement for the required underground facilities and transformer vault. PASSED and ADOPTED this ~ day of October, 1999. fJI/ MAYOR ATTEST: ~{{ (' p CC~~,~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:I WORKI$ALLICHA TRANDlEASERESO. WPD AM~ City 'A ~J SO J 00/ Date ~ME~DlimI - TO: CHRISTINA CUERVO City of Miami Beach Richard Lane . RANi) DELIVER FROM: DATE: RE: August 27, 1999 Fn-REQUlRED--EASEMENI Enclosed is a letter and support documents from FPL for a required utility Easement from the property owner, not tenant. In a conversation/with FPL's Mr. Robert Steward, he said that the City can substitute any name authorized by Ithe City in place of the President and Secretary's signatures. Christina, we need to have the easement executed and recorded in order to energize the building, in order to power up the Alc, in order to close up the few remaining windows, in order to protect the building from!tropical storms...and it is the season. THEREFORE, please have the easement completed ASAP. If faster, we will have the document recorded. I have alsdinc1uded a copy 0 Julio Grave de Peralta's letter with the new and correct folio #. I can be reached at 305-532-4880, extension 214 or by fax 305-532-2726. Christina, thank you ~or your support of and work on our new facility. Hope August has been relatively calm! newbld\cmb\memo.hm ~ ( 1. MIAM ( III ~AllL~ ,CW'AC'ilLLE" .l. t:; ';':::; i' ~ a I 11:: ~ ": Florid" I ntcnIJlt".onall., Acclaim; Dallc Comp<ln <. 905L/NCOLNROAD M/AMIBEACH.FLORIDA ]]139.2601 (30S)S]2.~880 FAX,(30S)S3\!.\!7\!1\ F.M"". m;~m~hln).h~dow.n ~ug-25-99 03:44P Stabs Bras Canst Ca. 305 7576564 P.04 Wock orner No. EASEMENT TN$ In..trvrnent Prepared By Name: Robert Steward Co. Name: Florida Power &; Light Company Addrus: 122 SW 3 Street Miami. Florida 33130 Sec. 27 , Twp J1 S, Rge S E Parcel 1.0. # (Mailltained by County Appniscr) The underngncd, in consideration of the payment of S 1.00 and other good and valuable considention, the adequacy and receipt of which is hereby acknowledged. grant and glve to Florida Power &. LIght Company, its ,licensees. . agents, successors and assigns. an easement forever for the construction, operation and mainten~e of overhead and underv-ound electric utility facilities (including wires, poles, $UYs, cables, conduits and appurtenant equipmcnt) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 15.7 (eet in width dcscribed as follows: I Racrvcd for Circ:uit COU1t The North 15.7 feet ot the South 115 feet of lot 10 and the WC$t 23 feet of the North 15.7 feet of the South IlS feet o(Lot 8, Block I. of The Amended Plat oCOcean Front Property, as recorded in Plat Book S, Page 7 of the Public Records of Dade County Florida.. Together with the right to pennit allY other person, firm or corporation to att:lch wires 10 any facilities hereunder and Ill)' cable and conduit within the ea.c;ement 3nd to operate the same for communications purposes; the righl of ingress and egress to s:lId premises at all times: the right to clear the land and keep it elclU'Cd o( all trees, undergrowth llnd other obstruccions within the easemcnt arel1; 10 trim and cut and keep trimmed and cut all dead. weak, Icanin~ or dangerous trees or limbs outside of the e:lSetnent area which might int~rfe;"e with or fall upon the lines or systems of commumcations or power transmission or distribution; and further grants. to the rullest extent the undersigned h:u the power to g!":1nc, If at 3l1. the rights hereinabove gr3nled on the land heretofore described, over, along. under and across the roads. streets or highw3Ys adjoining or tl1rough said property. IN WITNESS WHEREOf, the undersigned hilS signed and scaled this instrument on , 19_. Signed. scaled and delivered in the presence of: By: (Mayor) (V, uncu :tlinArun:) Print Name: Print Address: Print Name l""UIlCSS) Attest: (c'i ty Clerk) (W~rnei:1. :s:.sn.3f.ure) Print Name: Print Name (W.I....SS) Print Address: .. (Corporate Seal) STATE OF before me this AND COUNTY OF day or .19_. by respectively the . The foregoing instrument was aclcnowledgec . IIJ\d President and Secretary 0 . a corporation, on behalf of SOlie as identification. and who did (did not) t1lce an 03tO (Type or Iden'ifica,ion) corporation, who are personally known to Ole or have produced My Commission EJtpires: 1'1......,. Publie. Sisna,u,c Print Name FO'", J7:n'(Stoclced\ RIV. 21'11. ,m":; .' -:,:':~, .r", ,'. .,'j.. ",' ....\o~ ~ , . J '.'~ . I~'" .. .~. . . ~<~?~~~~::~\~;~/~~. "l..~. -..tJi,(,"}I.. \,..f.......~~l<.t~~ ~\" . ";": .~.;.:~;\.~ ,~,~ t... -.f". ". 'H'" ...,.. ..'.:~ ! : r;, t ~ ., ~+ " r ".~ ~'.~".' , ~.1 ~ r~." . ....., ~. .; . \" .... -t--r. -.......- :~, ...,:~. '\. "., : r~~'.;' .:: I '.;: ~,' , . - .~. '. ::t 1;:;(1) I w' . ., '. i .1;:; ~ r ", t....(.:~^-_~(1 ~..:~ .;: J 4$ , .; ~ STeier." ''''.\.'. . . ./ '.1# ." 'if ..".~.,.,..s "':'1' .# H\ . - #.. f'../t. ~",''';'':'.r:- c.- ....... . 'IT'~ . ro:.... ~. ~o ,,: ., '. . -.. :.1 ." .' i ../: "'~ . ',.. ..IJ> ' ; ~ . 1~' j. ,,. 'l ., . . : .,. JI.;!. . .'. ............ .....~ --- ~. .~~J ...~i ~,,~.' "';f,~..; ~~.' .... '''" .~:.' ;;~; .:+'~\,. :. C.i~ . ....., i III : (.~ '. ., t>:.,.: 'I -So." -4 .... ~ , 1 j I , ~ I i ~.! ; .~- - I~I. ~ 1..-._ .:t... I"~ -. . , " ~l 0;" ..' ~ .. '. , 1.-0 ~ 'i' 1>'~ .O~_N ~ . .,: 7'. . '''.11' .~. ." ~ ..'~~. .~ ~ c:, ~. ''''1 ~>4' ..~. '. , I". " r-.' -"" '.' ......! . :' t. .. ..... ," ",..: .....,.. ..~. .......... .. ~ I: ~~ -;;"'0' '-"p'-.~--r. ---::-..;., .'_. ..,;;;J -,.wJ __ , " ... . ...... i ' . " l.. ",.~:" .~....~':' - /~. " -,;. , ....... .f 4 . 1 I I . ;.a-+-:~.~-- J-:..... C~~~~ntf . ..,. I J;' " '.: 4, ~ '."r ~ f <0' 4 I f , . '1'.' ';' ~ '.-'.. .. , . . '.. '. , .....;:....~~~~~""... '--.. . .~ '. ".-. - ~~ . . ~~ ~,)..' ;f "~ "y..,. .' '.~' '.' . '....,. :". ":,..' " . .. " ~7~\iJ~;i~'~~~~~?, - ... ~:,':$ CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. ~ TO: Mayor Neisen O. Kasdin and Members of the City mission , DATE: October 6,1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLUT ON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO GRANT THE ATTACHED EASEMENT TO FLORIDA POWER & LIGHT COMPANY (FPL) FOR THE PROVISION OF UNDERGROUND DISTRIBUTION FACILITIES AND A TRANSFORMER VAULT AT THE MIAMI CITY BALLET BUILDING SITE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD THE EASEMENT FOR THE REQUIRED UNDERGROUND FACILITIES AND TRANSFORMER V AUL T. ADMINISTRA TION RECOMMENDATION: Adopt the Resolution. BACKGROUND: On April 13, 1994 a Ground Lease was approved between the City of Miami Beach and the Miami City Ballet (MCB) for the City to grant MCB a site for their proposed permanent facility. Subsequent Amendments to the Ground Lease were approved on June 18, 1997, October 21, 1997 and January 6, 1999. The Amendments addressed changing the location of the designated site, waiver of permit fees and parking requirements. The location of the site was changed in the First Amendment to the Ground Lease Agreement to the current location at a City owned property which will have a new address of 2200 Liberty Avenue. The new MCB building is being constructed at this site. ANAI,YSIS: Construction of the Miami City Ballet building is now almost complete. In accordance with the Ground Lease agreement, the City retains ownership of the land. The easement for the Florida Power & Light (FPL) underground utilities and the transformer vault must be granted by the City. The easement must now be executed in order to have FPL energize the MCB building for HV AC testing and other construction needs. AGENDAITEM~ DATE~ CONCLUSION: The granting of the easement by the Mayor and City Commisssion for the underground utilities and the transformer vault, and the execution and recording by the Mayor and the City Clerk, is necessary for Florida Power & Light to energize the Miami City Ballet building for HV AC testing and other construction matters. Attachm~~ts SR~CC~l/J1J F:IWORK\$ALLICHA TRANDIEASEMEMO.WPD