Miami-Dade Legislative Item
File Number: 120367
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File Number: 120367 File Type: Resolution Status: Adopted
Version: 0 Reference: R-296-12 Control: Board of County Commissioners
File Name: NON-EXCLUSIVE EASEMENT AGREEMENT W/ COMCAST Introduced: 2/27/2012
Requester: Public Housing and Community Development Cost: Final Action: 4/3/2012
Agenda Date: 4/3/2012 Agenda Item Number: 8L1
Notes: TLL- 2/27/2012 Title: RESOLUTION AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS TO COMCAST OF MIAMI, INC., TO CONSTRUCT, USE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, RECONSTRUCT, INSPECT AND REMOVE AT ANY TIME AND FROM TIME TO TIME A BROADBAND COMMUNICATIONS SYSTEM REFERRED TO AS ''COMPANY WIRING'' IN, ON, OVER, UNDER, AND ACROSS PROPERTY OWNED BY MIAMI-DADE COUNTY LOCATED GENERALLY AT THE INTERSECTION OF NW 75TH STREET AND NW 22ND AVENUE IN CONJUNCTION WITH HOPE VI-PHASE II PROJECT SITES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENTS
Indexes: NON-EXCLUSIVE AGREEMENT
Sponsors: Audrey M. Edmonson, Co-Prime Sponsor
  Jean Monestime, Co-Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/3/2012 8L1 Adopted P

Economic Development & Social Services Committee 3/14/2012 3C Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. Hearing no objections, the Committee considered Agenda Items 3C, 3D, and 3E simultaneously. Commissioner Bell asked Deputy Mayor Jack Osterholt to evaluate the feasibility of the County requiring utility companies to proffer some type of plan to landscape and maintain easements conveyed to them, and to provide her with a report of his findings. Mr. Gregg Fortner, Director, Public Housing and Community Development Department, pointed out the properties in this proposed resolution were already landscaped as part of the HOPE VI project. Commissioner Sosa noted landscaped easements presented a challenge for utility companies to access the utility lines. She clarified that tree roots could intertwine with the utility lines. Deputy Mayor Osterholt pointed out that Floirda Power & Light had the right to trim trees or take any action necessary, regardless of location, to maintain its power lines. Hearing no other questions or comments, the Committee proceeded to vote.

County Attorney 2/29/2012 Assigned Terrence A. Smith 3/1/2012

County Mayor 2/27/2012 Assigned County Attorney 4/3/2012
REPORT: PHCD (ASST. COUNTY ATTY: Unreadable- see Agenda Review Form) (ATTACHMENT(S): COMCAST SC IIB EASEMENT AGREEMENT W/ LEGAL; COMCAST SC IIC EASEMENT AGREEMENT W/ LEGAL) (PENDING CMTE ASSIGNMENT) (BCC SPONSORS- BOTH ARE CO-PRIME SPONSORS: CMSR EDMONSOR AND CMSR MONESTIME)

County Mayor 2/27/2012 Assigned Russell Benford 2/22/2012 2/24/2012

Legislative Text


TITLE
RESOLUTION AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENTS TO COMCAST OF MIAMI, INC., TO CONSTRUCT, USE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, RECONSTRUCT, INSPECT AND REMOVE AT ANY TIME AND FROM TIME TO TIME A BROADBAND COMMUNICATIONS SYSTEM REFERRED TO AS ''COMPANY WIRING'' IN, ON, OVER, UNDER, AND ACROSS PROPERTY OWNED BY MIAMI-DADE COUNTY LOCATED GENERALLY AT THE INTERSECTION OF NW 75TH STREET AND NW 22ND AVENUE IN CONJUNCTION WITH HOPE VI-PHASE II PROJECT SITES; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXECUTE AGREEMENTS

BODY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying memorandum, a copy of which is incorporated herein by reference,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby authorizes the conveyance of non-exclusive easements to Comcast of Miami, Inc. (Comcast) to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time a broadband communications system referred to as “Company Wiring” in, on, over, under and across Miami-Dade County-owned property located generally at the intersection of NW 75th Street and NW 22nd Avenue in conjunction with the HOPE VI-Phase II development, as more fully described in the attached Comcast easements, in substantially the form attached hereto and incorporated by reference; authorizes the County Mayor or County Mayor’s designee to execute said easements for and on behalf of Miami-Dade County and to exercise all provisions therein; and pursuant to Resolution No. R-974-09, directs the County Mayor or the County Mayor’s designee to record the instruments of easement conveyance accepted herein in the Public Records of Miami-Dade County, Florida; directs the County Mayor or the County Mayor’s designee to provide a recorded copy of the instruments to the Clerk of the Board within thirty (30) days of the execution of said instruments; and directs the Clerk of the Board to attach and permanently store recorded copies together with this resolution.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Resolution Authorizing the Conveyance of Non-exclusive Easements to Comcast of Miami, Inc., for the Construction, Operation, Maintenance, Inspection and Removal of Broadband Communications System Along Specified Easements for the HOPE VI-Phase II Development

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) approve the attached resolution authorizing the conveyance of non-exclusive easements to Comcast of Miami, Inc., to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time a broadband communications system referred to as “Company Wiring” around and within the specified easements for the HOPE VI-Phase II project sites as noted on attached easement agreements. These easements are necessary to provide utilities to the new development Northpark at Scott-Carver.

Scope
The extent of each easement is more specifically noted on each attached non-exclusive easement agreement located generally at the intersection of NW 75th Street and NW 22nd Avenue in conjunction with the HOPE VI redevelopment project. The folios contained in the attached easements and the corresponding Commission districts are provided below:


Folio District Folio District
30-3110-079-0010 3 30-3110-081-0010 2
30-3110-079-0020 3 30-3110-081-0020 3
30-3110-079-0030 3 30-3110-081-0030 2
30-3110-080-0010 3 30-3110-081-0040 2
30-3110-080-0020 3 30-3110-081-0050 3
30-3110-080-0030 3 30-3110-081-0060 2

Fiscal Impact/Funding Source
Approval of this resolution will not create a fiscal impact to the County.

Track Record/Monitor
This project will be monitored by Jorge R. Cibran, Director of Facilities & Development for Public Housing and Community Development (PHCD)

MANAGER'S BACKGROUND
Background
Comcast of Miami, Inc. has requested easements as delineated on attachments in order to provide utility requirements to the new HOPE VI-Phase II development. PHCD has no objection to these proposed locations.

The HOPE VI redevelopment project was made possible by the U.S. Housing and Urban Development (HUD) 1999 grant, which has been leveraged with other funding sources to facilitate the financial viability of the project.

Phase II of the redevelopment effort was started immediately after the execution of a Master Development Agreement (MDA) with the HOPE VI-Phase II developer, McCormack Baron Salazar, Inc. (MBS) in December 2008, and is anticipated to be completed by the end of 2012.  A total of 354 family rental units are planned for this phase, of which 177 are public housing units, 107 are low and moderate income units and 70 are market-rate units.




Attachments



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Deputy Mayor



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