Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 24-R17, a Resolution of the City Council of the City of Port St. Lucie, Florida, Authorizing the City Manager to enter into an Easement Agreement between Florida Power & Light Company, a Florida Corporation, and the City of Port St. Lucie, necessary for the Design and Construction of a Raw Water Main; Providing for Conflict; Providing for Severability; and Providing an Effective Date.
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Submitted By: Kevin R. Matyjaszek, Utility Systems Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Utility Systems Department (“USD”)
2. Parties: City of Port St. Lucie and Florida Power & Light Company, a Florida corporation (“FPL”)
3. Purpose: The USD desires to construct a raw water main on FPL-owned property for the project known as the Western Raw Water Main (“Project”). The 30’ easement will grant authority for the City to enter onto FPL-owned property to install a 30” raw water main pipe.
4. New/Renewal/Modified: N/A
5. Duration: In perpetuity.
6. Benefits to Port St. Lucie: This raw water main draws water from the Floridan aquifer and delivers the raw water to the James E. Anderson Water Treatment Facility for processing.
7. Cost to Port St. Lucie (Annual and Potential): The acquisition cost of this easement is $14,904.00.
Presentation Information: N/A
Staff Recommendation: Move that the Council approve Resolution 24-R17 authorizing the City Manager to execute the Easement Agreement with FPL for the Project.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve Resolution 24-R17 authorizing the City Manager to execute the Easement Agreement with FPL for the Project.
2. Move that the Council not approve Resolution 24-R17 authorizing the City Manager to execute the Easement Agreement with FPL for the Project and provide staff with direction.
Background: FPL owns property with a major sub-station at the southwest corner of I-95 and Midway Road with a large site and multiple large-scale power lines running to and from the substation. This easement agreement allows the City to access real property owned by FPL to install and maintain a 30” raw water main pipe.
Issues/Analysis: This Resolution authorizes the City Manager to enter into the Easement Agreement between FPL and the City. The Agreement designates and sets forth the responsibilities of each party regarding rights and interests to the lands including, maintenance, relocation, and alterations to the existing and proposed facilities, indemnification clauses, prohibited activities and equipment, prohibited plantings, reimbursement to the FPL for cost and expense related to damages to FPL’s facilities, and insurance requirements.
Financial Information: The acquisition cost for the 30’ easement is $14,904.00 which is budgeted in Account # 448-3312-563010.
Special Consideration: Execution of the Easement Agreement is critical to the design and construction of the Project.
Location of Project: 9001 W Midway Road.
Attachments:
1. Resolution 24-R17; and
2. Easement Agreement and its Exhibits.
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.
Internal Reference Number: 24037-01
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.