CITY HALL • 201 WEST PALMETTO PARK ROAD • BOCA RATON, FLORIDA 33432-3795 • PHONE: (561) 393-7700 (FOR HEARING IMPAIRED) TOO: (561) 367-7046

SUNCOM: (561) 922-7700 INTERNET: www.ci.boca-raton.fl.us

March 9, 2015

TO:

FROM:

SUBJECT:

Mayor and City Council

Leif J. Ahnell, C.P.A., C.G.F.O. City Manager ~

Non-Disturbance Agreement with Florida Power & Light Company Subordinating Utility Interests Over a Shared Use Pathway at 1 Town Center Road

RECOMMENDATION:

I recommend approval of this Resolution, which authorizes the Mayor and City Clerk to execute a non­disturbance agreement with Florida Power & Light Company ("FPL") for the purpose of subordinating utility interests in a public shared use pathway easement ("Easement") to facilitate a federal grant for construction of the public shared use pathway ("Pathway") at 1 Town Center Road.

BACKGROUND:

Concurrently with this non-disturbance agreement, the City Council will be considering the approval and acceptance of the Easement that will allow another link to Patch Reef Trail. The Pathway will be constructed and maintained by the City. A Federal grant for the pathway project has been secured; however, a requirement of the grant is the subordination of any and all utilities located within any portion of the Easement.

As FPL has facilities located within the Easement, they have agreed to subordinate their interest to the City via a non-disturbance agreement. Bellsouth Telecommunications, LLC also has facilities within the Easement and have also agreed to subordinate their interests via a separate agreement and petition to City Council.

Execution of the non-disturbance agreement will facilitate another link to Patch Reef Trail, extending the Pathway south along the Lake Worth Drainage District E-3 Canal to connect to Verde Trail South.

The Development Services and Municipal Services Departments both support the agreement.

This Resolution serves as the vehicle for the City Council to authorize the execution of the Non­Disturbance Agreement by the Mayor and City Clerk

FISCAL IMPACT:

There is no expense to the City.

This document originated by:

Carolyn D. Bodor, SRPA C-1)0 Property Specialist/Appraiser

ro \6¢j Printed on recycled paper. - AN EQUAL OPPORTUNITY EMPLOYER-

EXHIBIT "1", Page 1 of 10 ' ,,

Prepared by:

Seth S. Sheitelman, Esq. Florida Power & Light Company P.O. Box 14000 (LA W/JB) Juno Beach, Florida 33408

NON-DISTURBANCE AGREEMENT

This Non~ Disturbance Agreement ("Agreement'') is made this __ day of , 2015 by and between the City of Boca Raton, Florida, a municipal corpotation existing under the laws ofthe State of Plorida ("City") and Florida Power & Light Company, a Florida corporation ("FPI/').

WHEREAS, City holds permanent llon~exclusive easements and right of access for a public shared use pathway on certain real properly located in Palm Beach County, Florida as recorded in Official Records Book ___ at Page , and Official Records Book 25997 at Page 1086 both of the Public Records of Palm Beach County, Florida ("l>athway Easement") and more particularly described as follows:

See Exhibit A attached hereto and made a part hereof (the "ProperLy");

WHEREAS, FPL is the grantee under those ce1tain two (2) utility easements granting FPL easement rights over the Property recorded in Official Records Book 2994 at Page 1710 and Official Records Book 6367 at Page 1084, each of the Public Records of Palm Beach County, Florida (collectively, the "Utility Easement");

WHEREAS, a portion of the City's Pathway Easement located on the Property encroaches into the Utility Easement (the "Encronchment") also reflected on the dtawings attached hereto as Exhibit A and made a patt hereof;

WHEREAS, FPL is agreeable to the Encroachment remaining in its present location within the Utility Easement;

WHEREAS, FPL does not desire to release any easement rights it may have in and to the Utility Easement; and

WHEREAS, City and FPL wish to commemorate their agreement that the Encroachment remain in place within the Utility Easement.

NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, the parties agree as follows:

J. The parties agree that the foregoing recitals are tnte and correct and are incOlvorated herein by reference.

2. FPL agrees, for itself, its successors and assigns, that the Encroachment may remain within the Utility Easement at the locations presently shown on the drawing attached hereto as Exhibit A FPL tllrther agrees that in the event the Encroachment is destroyed, damaged or in need ofreplacement, replacement of the Encroachment may be installed or constructed at the location of the Encroachment within the Utility