Placement: Resolutions
Action Requested: Motion / Vote
title
Resolution 19-R61, A Resolution of the City Council of the City of Port St. Lucie, Florida, Authorizing the City Manager to enter into a Right-of-Way Consent Agreement between Florida Power and Light Company, a Florida Corporation, and the City of Port St. Lucie, necessary for constructing a Park and Ride Lot on the south side of Gatlin Boulevard between Brescia Street and Edgarce Street; Providing for Conflict; Providing for Severability; and Providing an Effective Date.
body
Submitted By: Clyde Cuffy, E.I., Public Works
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Florida Power & Light Company (FPL)
2. Parties: City of Port St. Lucie and FPL.
3. Purpose: St. Lucie Transportation Planning Organization (TPO) has allocated State Funding for the Gatlin / I-95 Jobs Express Park and Ride Lot (Project). FDOT is managing the Project and has identified two vacant parcels underneath the existing FPL transmission lines south of Gatlin Boulevard between Brescia Street and Edgarce Street as the location for the Project. FPL requires the City to execute a Right-of-Way Consent Agreement for the proposed use of the land as a Park and Ride Lot.
4. New/Renewal/Modified: New
5. Duration: Perpetuity.
6. Benefits to Port St. Lucie: Use of the un-developed FPL property as a Park and Ride Lot.
7. Cost to Port St. Lucie (Annual and Potential): Annual maintenance cost of the Project is estimated at $12,000.00 (based on average annual maintenance cost of Bayshore Boulevard Park and Ride Lot). There are additional potential costs relating to the Right-of-Way Consent Agreement which are discussed in more detail below.
Presentation Information: Staff will be available to answer any questions.
Staff Recommendation: Move that the Council approve the Resolution authorizing the City Manager to enter into a Right-of-Way Consent Agreement between Florida Power and Light Company and the City of Port St. Lucie for the Gatlin Boulevard Park and Ride Lot.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the resolution.
2. Move that the Council not approve the resolution and provide staff direction.
Background: In 2013, FDOT conducted a Park and Ride Analysis as part of a Project Development and Environment (PD&E) Study for the I-95 corridor within St. Lucie County. The Park and Ride Analysis concluded that a Park and Ride Lot located near I-95 which can provide Express Bus Service from St. Lucie County to Palm Beach County will help reduce projected traffic congestion on I-95. The TPO also identified the need for such a Park and Ride Lot in the Go2040 Long Range Transportation Plan. FDOT and the TPO identified two parcels of undeveloped land underneath the FPL transmission lines located south of Gatlin Boulevard, between Brescia Street and Edgarce Street, as a preferred location for the Park and Ride Lot. In 2016, City Council adopted Resolution 16-R94 supporting the Project. The design and construction of the Project is managed by FDOT and construction is scheduled in the FDOT Work Program for 2020. On or about August 2018, City Council approved Resolution 18-R61 authorizing FDOT to acquire property rights on behalf of the City for construction of the Project. Also, in 2018, City Council approved Resolution 18-R64 authorizing the execution of a Highway Maintenance Memorandum of Agreement between FDOT and the City for the design, construction, and maintenance of the Project.
Issues/Analysis: This Resolution authorizes the City Manager to enter into the Right-of-Way Consent Agreement between FPL and the City. The Agreement designates and sets forth the responsibilities of each party regarding rights and interest to the lands under the FPL easement, maintenance, relocation, and alterations to the existing and proposed facilities, indemnification clauses, prohibited activities and equipment, prohibited plantings, reimbursement to FPL for cost and expense related to damages to FPL’s facilities, and insurance requirements.
It is important to note that the Agreement requires the City to indemnify FPL and its parent, subsidiaries, affiliates, and their officers, directors, agents and employees (FPL Entities), from all liability and loss which may be sustained by FPL Entities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property, arising out of or in connection with the Park & Ride, unless caused by FPL’s gross negligence. The indemnification provision is limited in the amount the City has to pay out per claim to $200,000.00, or when totaled with all other claims arising out of the same incident, to $300,000.00. Therefore, the City would be responsible for paying claims, subject to the monetary limits above, for FPL’s negligence as well as its own.
While the City does not typically agree to indemnify third parties for their own negligence, the City was able to negotiate limits to the indemnification to its sovereign immunity limits set forth in Section 768.28, Florida Statutes.
Financial Information: Annual maintenance cost of the Project is estimated at $12,000.00 (based on average annual maintenance cost of Bayshore Boulevard Park and Ride Lot). The City may also be liable to FPL for an unknown amount if it becomes necessary, as a result of the City’s future use of the lands, for FPL to relocate or rearrange any of its facilities. The City may also be liable for an unknown amount if it becomes necessary, as a result of the City’s facilities interfering with or preventing FPL from properly and safely constructing or maintaining its facilities, to relocate, rearrange or remove any City facilities. The indemnification provision also has financial implications, which are discussed above.
Special Consideration: Execution of the Right-of-Way Consent Agreement is critical to the Project. FDOT has negotiated a purchase agreement with FPL and FDOT has negotiated access easements with the adjoining property to the west and south for access to the Park and Ride Lot. These agreements have been placed on hold pending the execution of the FPL Right-of-Way Consent Agreement with the City. Additionally, time is of the essence as FDOT scheduling for construction is at risk of being affected.
Location of Project: South side of Gatlin Boulevard between Brescia Street and Edgarce Street.
Attachments:
• Resolution
• Exhibit “A” to Resolution - Right-of-Way Consent Agreement
• Location Map
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
LEGAL SUFFICIENCY REVIEW:
Approved as to Legal form and sufficiency by James D. Stokes, City Attorney. (Reference Legistar database for authorizing City Attorney representative.)