A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TWO (2) NON-EXCLUSIVE UTILITY EASEMENTS, IN THE FORM ATTACHED TO THIS RESOLUTION, IN FAVOR OF FLORIDA POWER AND LIGHT FOR THE FOLLOWING LOCATIONS: (I) AN EASEMENT BEING LOCATED ALONG THE SOUTHERLY LINE OF THE PENNSYLVANIA AVENUE GARAGE CONDOMINIUM, CONTAINING APPROXIMATELY 46 SQUARE FEET (ATTACHMENT A) AND (II) AN ADDITIONAL EASEMENT AREA SOUTHERLY OF, AND ADJACENT TO, THE AREA DESCRIBED IN ATTACHMENT A, LOCATED IN A PORTION OF THE NORTHEAST ¼ OF SECTION 34, TOWNSHIP 53 SOUTH, RANGE 42 EAST, CONTAINING APPROXIMATELY 146 SQUARE FEET (ATTACHMENT B), IN ORDER TO INSTALL, OPERATE AND MAINTAIN AN ELECTRICAL TRANSFORMER FOR THE TESLA SUPERCHARGER STATIONS WHICH ARE PROJECTED TO BE INSTALLED IN THE PENNSYLVANIA AVENUE PARKING GARAGE, LOCATED AT 1661 PENNSYLVANIA AVENUE, PURSUANT TO AN APPROVED CONCESSION AGREEMENT WITH TESLA; PROVIDED, HOWEVER, THAT THE EXECUTION OF SAID EASEMENTS SHALL BE CONTINGENT UPON THE CONCESSION AGREEMENT BEING EXECUTED AND IN COORDINATION WITH THE PROJECT SCHEDULE.

The Administration recommends approving the Resolution.

On April 19, 2017, the Sustainability and Resiliency Committee made a motion referring a discussion to the City Commission, with a favorable recommendation, regarding the installation of Tesla electric vehicle charging stations at the Pennsylvania Avenue Parking Garage or other underutilized city garages.

On October 18, 2017, the Mayor and City Commission adopted Resolution No. 2017-30048, accepting the recommendation of the Finance and Citywide Projects Committee and authorizing the Administration to negotiate an agreement with Tesla Motors, Inc., and further authorizing the Mayor and City Clerk to execute an agreement, acceptable to the City Manager and City Attorney.

On October 16, 2019, the City Commission waived the formal competitive bidding requirement, by a 5/7ths vote, as permitted under Section 2-367(e) of the City Code, as being in the best interest of the City, and approved, in substantial form, a Concession Agreement, between the City and Tesla Motors, Inc., to install, operate and maintain self-service electric vehicle supercharger stations at certain municipal parking facilities for a term of nine (9) years.

The Concession Agreement contemplates the initial installation of ten (10) electric vehicle charging stations at the Pennsylvania Avenue Parking Garage, located at 1661 Pennsylvania Avenue. The parties have not finalized or executed the Concession Agreement.

These stations shall consist of: (a) necessary utility infrastructure, which may include a utility transformer, metering equipment, conduit, wiring and concrete pads (collectively, the “Infrastructure”); and (b) certain trade fixtures as determined by Tesla, which shall include charge posts (“Superchargers”), power electronics equipment, switchgear and signage, and may also include, without limitation, fence or other visual barriers, a canopy, solar panels and an energy storage system.

In connection with the installation of the electric vehicle charging stations at the Pennsylvania Avenue Parking Garage, Florida Power and Light (FPL)  will need an easement for the placement of an electrical transformer.   In order to have this equipment installed, FPL requires easements (Attachments A and B) to be provided by the City.