AO RECEIVED. City of Deerfield Beach Action Request for City Commission Agenda. fiw8 e Requested August Date Submitted August

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1 j r e l of Item 5 L D AO RECEIVED ti City of Deerfield Beach Action Request for City Commission Agenda AU face sheet t1 fiw8 e Requested August Date Submitted August 9 21 Contact Person Charles DaBrusco Director of Environmental Services Descri ption FPL Fibernet is requesting the City grant an easement for their facilities at our West Water Treatment Plant 29 Goolsby Blvd to service the MetroPCS cell tower Fiscal Impact None FY Budget Line Item Number and Title N A Supporting Documents Attached x Cover Memo to City Manager signed by Department Head x Resolution x Budget Justification N A x Letter From FPL FiberNet x Letter From MetroPCS x Easement Agreement required THIS SECTION COMPLETED BY L CITY MANAGER S OFFICE C CITY ATTORNEY S OFFICE t tv l D CITY CLERK S OFFICE I c AQenda Item Tvpe Written Request Public Hearing Public Hearing Second Reading Quasi Judicial Public Hearing General Item Consent Agenda Action to be Taken Commission Action Information Commission Request Staff Request Public Request Public Information Comments

2 RESOLUTION NO 211 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA APPROVING A GRANT OF A NON EXCLUSIVE EASEMENT TO FPL FIBERNET WHEREAS FPL FiberNet is under contract with Metro PCS to be their telecommunications utility provider and WHEREAS FiberNet will be installing new conduit and cable along Goolsby the right of way on the west side of the road and Boulevard in WHEREAS the City Commission is desirous of an granting easement and the form attached hereto to FiberNet for the property described in the attached easement deed and NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH FLORIDA AS FOLLOWS part hereof Section 1 The above referenced Whereas clauses are true and correct and made a Section 2 The City Commission does hereby approve the grant of a non exclusive easement in the form attached hereto and as approved by the City Attorney and for the property described therein from the City of Deerfield to FPL FiberNet Section 3 This Resolution shall become effective immediately upon adoption PASSED AND ADOPTED THIS DAY OF 21 PEGGY NOLAND MAYOR ATTEST ADA GRAHAM JOHNSON MMC CITY CLERK Deerfleld ResolutlonslFPL FlberNet Easement

3 City of Deerfield Beach Public Works and Environmental Services Dept MEMORANDUM TO Burgess Hanson Interim City Manager FROM Charles DaBrusco Director of PW ES CC Andrew Maurodis City Attorney Keven Klopp Acting Assistant City Manager Amanda Shafer Assistant to the City Manager DATE August 9 21 SUBJECT Flbernet Easement at 29 Goolsby Blvd FPL FiberNet is under contract with MetroPCS to be their telecommunications utility provider at the cell tower facility located on the subject property MetroPCS has an agreement with the City for their facilities at this site With the evolution ofthe cell phone industry MetroPCS is upgrading their system to increase their bandwidth capacity MetroPCS is switching providers from ATT copper service to FiberNet s fiber optic network A Resolution letters from FPL FiberNet and MetroPCS and an Easement Agreement regarding the proposed installation are attached FPL Fibemet is requesting the City grant an easement for their facilities at our West Water Treatment Plant to service the MetroPCS cell tower

4 P O Box Miami Fl FPL FiberNet August 9 21 City ofdeerfield Beach Mr Andrew Maurodis City Attorney Charles DaBrusco Director ofpublic Works 15 NE 2 Ave Deerfield Beach FL Re Easement on City Property 29 Goolsby Blvd Deerfjeld Beach FL To Service MetroPCS cell tower facilities Dear Mr Maurodis and Mr DaBrusco FPL FlberNet is under contract with MetroPCS to be their telecommunications utility provider at the cell tower facility located on the subject property MetroPCS has an agreement with the City for their facilities at this site With the evolution ofthe cell phone industry MetroPCS is upgrading their system to increase their bandwidth capacity MetroPCS IS switching providers from A TT copper service to FiberNet s fiber optic network Please see attached letter from MetroPCS regarding the proposed installation am requesting permission from the City to grant an easement for our facilities to service the MetroPCS cell tower on the property This work will be done in a timely manner and will be coordinated with City staff All areas will be restored to theiroriginal condition FiberNet would like to schedule this work during the month of September 2 I O I will be more than happy to meet with you orwith City staff to address any questions or concerns fyou have any questions please feel free to contact me at or on my cell phone at I look forward to working with you on this project Thank you for your cooperation in this matter Sincerely Marian Russell Project Manager Easements FPL FiberNet 925 W Flagler St Miami FL office cell fax marian russell@fbl com www fblfibernet com

5 1 Sawgrass Corporate Parkway SUite 4 metropcs Ft Lauderdale Florida Tel Fax Notice of Utility Maintenance Upgrade June 3 21 Mr Andrew Maurodis City Attorney City of Deerfield Beach 15 NE 2 Ave Deerfield Beach FL Re Metro PCS Site 29 Goolsby Blvd Deerfield Beach FL Dear Mr Maurodis MetroPCS in conjunction with FPL FiberNet our new telecommunications utility provider is replacing the utilities that currently service our wireless communications facilities located on your property I have approved the location ofthe FiberNet cabinet in the MetroPC S lease space at this property Please feel free to contact me with any concerns you may have regarding this installation I appreciate your patience and cooperation with our ongoing network maintenance efforts Respectfully Paul Rajkumar Site Acquisition Manager South Florida Region

6 PreDared bv and Return to followinl for Recordinl FPL FiberNet LLC 925 W Flagler Street MIami FL Attn Marian Russell GRANT OF NON EXLUSIVE EASEMENT THIS GRANT OF EASEMENT Easement is hereby made this day of 21 by City of Deerfield Beach Florida with an address of 15 NE 2nd Ave Deerfield FL Grantor to FPL FiberNet LLC a Delaware limited liability corporation with an address of 925 West Flagler Street Miami FL Grantee also referred to herein as FiberNet l WITNESSETH WHEREAS Grantor is the fee simple owner of certain real property more commonly known as 29 Goolsby Blvd Deerfield Beach FL and more particularly described as Parcel A Deerfield Beach Public Works Complex as recorded in Plat book 17 Page 26 ofthe public records ofbroward County the Property and WHEREAS FiberNet has requested that Grantor grant it a non exclusive easement to install fiber optic cable and fiber optic encasement conduit and appurtenant equipment property and improvements and on the WHEREAS Grantor is agreeable to providing FiberNet anon exclusive easement on the terms and conditions as set forth herein of the sum of NOW THEREFORE in consideration of the foregoing premises payment One dollar 1 by Grantee to Grantor and other good and valuable considerations the receipt and sufficiency ofwhich are hereby acknowledged Grantor and Grantee for themselves their heirs successors and assigns agree as follows 1 Grantor hereby grants to FiberNet its successors and assigns a non exclusive easement ten feet in width in perpetuity on over under across and through the Property and improvements thereon at the locations more particularly shown on the attached Exhibit A to this Non Exclusive Easement which Exhibit is incorporated herein as fully as though set forth at length the Easement Area for the purpose of constructing operating inspecting and maintaining underground cable and conduit and adjacent areas of the improvements to the fiber optic cable and fiber optic encasement conduit and appurtenant equipment the Facilities to be installed from time to time with the right to reconstruct improve add to enlarge change the size of and remove such fiber optic facilities solely within the Easement Area The Grantee will perform this work in a timely manner and the Easement Area will be restored to the condition existing prior to the commencement of its work All installations shall be underground Grantee shall not disturb any existing cable conduit or other lines or facilities already in the Easement Area 1

7 2 Upon completion of construction and FiberNet s receipt of as built plans for installation of the cable and conduit by FiberNet this Easement shall be amended to replace Exhibit A with the as built plans At such time the Grantee will have the Easement Agreement recorded in the public records at Grantee s sole expense Area in good 3 FiberNet will keep and maintain its Facilities located within the Easement condition at all time and regulations now existing or hereinafter adopted in compliance with all applicable laws and FiberNet shall repair any damage it causes within or outside the Easement Area caused by the installation or removal of FiberNet s Facilities within the Easement Area Upon termination of this Easement FiberNet shall at FiberNets expense remove any improvements it constructed or installed located within or outside the Easement Area Unless caused by the negligence of Grantor its employees or agents Grantor shall not be liable for injury loss or damage to any of FiberNet s Facilities that may be present in or outside the Easement Area from time to time however occurring 4 FiberNet agrees at its sole cost and expense throughout the term of this Easement to carry and maintain comprehensive public liability insurance against personal injury death or property damage arising out of or from its negligent misconduct in use of the Easement Area claims for or intentional So long as this Easement is in effect FiberNet shall continuously maintain all such insurance in full force and effect 5 Grantor shall not bear or assume any liability whatsoever resulting from or arising out of Grantee s use and occupancy under this Easement Agreement Therefore unless caused by Grantor s or negligence intentional misconduct FiberNet agrees to indemnify and hold harmless Grantor and its directors and members of and from any and all liabilities claims demands causes of action actions suits damages judgments and expenses Claims which are in any way related to or arise out of Grantee s use and occupancy under this Easement the use of the Easement Area by FiberNet and the activities of FiberNet hereunder or for anyone whose acts or omissions Grantor is liable and all reasonable expenses related thereto including without limitation court costs reasonable attorney s fees in trial and appellate review and any and all costs incident thereto Nothing herein shall waive City s sovereign immunity IN WITNESS WHEREOF the undersigned with fully authority to do so has caused this Easement to be executed as ofthe date and year first set forth above Signed sealed and delivered in the presence of City of Deerfield Beach a local government agency Its 2

8 ACKNOWLEDGMENT STATE OF FLORIDA ss COUNTY OF On this day of 21 before me the undersigned notary public personally appeared title of personally known to me to be the person who subscribed to the foregoing instrument or who has as identification and produced acknowledged that he she executed the same for the purposes stated therein with due authority to do so IN WITNESS WHEREOF I hereunto set my hand and official seal NOTARY PUBLIC STATE OF FLORIDA Commission No My Commission Expires 3

9 Signed sealed and delivered in the presence of FPL FiberNet LLC adelaware limited liability corporation Its ACKNOWLEDGMENT STATE OF FLORIDA ss COUNTY OF On this day of 21 before me the undersigned notary public personally appeared title of FPL FiberNet LLC a Delaware limited liability corporation personally known to me to be the person who subscribed to the foregoing instrument or who has as produced identification and acknowledged the same for the purposes stated therein with due authority to do so IN WITNESS WHEREOF I hereunto set my hand and official seal that he she executed NOTARY PUBLIC STATE OF FLORIDA Commission No My Commission Expires 4

10 Exhibit A Easement Area 5

11 JOHN A GRANT JR INC 3333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS land SURVEYORS BOCA RATON florida PHONE UCENSED BUSINESS LB 5 FAX LEGAL DESCRIPTION FIBERNET EASEMENT SITE ADDRESS 29 GOOLSBY BLVD DEERFIELD BEACH FL Ni HILLSBORO BLVD in v ci I w v b p Ul WEST LINE OF PARCEL A 6 S LINE OF PARCEL DETAIL A NOT TO SCALE SITE PARCEL A DEERRELD BEACH PUBLIC WORKS COMPLEX PLAT BOOK 17 PAGE 26 BCR m LOCATION Not to Scale MAP I a i I z N z l3 ij I POINT OF TERMINUS OF 6 STRIP N E CI 66 6 o 41 CJ CO POINT OF TERMINUS OF 12 STRIP REFERENCE POINT A POINT OF BEGINNING OF 6 STRIP LEGEND BCR P BROWARD COUNTY RECORDS PLAT REV1 1 AUG 1 ADDRESS SAR THIS IS NOT A SURVEY Drawn By SAR Dote 23 MAR 1 REVIEWED A Checked By F B 215 Pg 37 7 Scale 1 1 Job No JG23 FIB1 SCOTT A REID Sheet of Drawing K JGOO23 F1B1 CAD F1LES JGOO23FlB1 ESM fs dwll SKETCH PROFESSIONAL LAND SURVEYOR NO 6258 STATE OF FLORIDA

12 JOHN A GRANT JR 3333 NORTH FEDERAL HIGHWAY CONSULTING ENGINEERS LAND SURVEYORS BOCA RATON FLORIDA PHONE UCENSED BUSINESS I L8 5 FAX LEGAL DESCRIPTION FIBERNET EASEMENT INC SITE ADDRESS 29 GOOLSBY BLVD DEERFIELD BEACH FL LEGAL DESCRIPTION A STRIP OF LAND LYING WITHIN SECTION 2 TOWNSHIP 48 SOUTH RANGE 42 EAST BEING A PORTION OF PARCEL A DEERFIELD BEACH PUBLIC WORKS COMPLEX AS RECORDED IN PLAT BOOK 17 PAGE 26 OF THE PUBLIC RECORDS OF BROWARD COUNTY SAID STRIP DESCRIBED AS FOLLOWS A STRIP OF LAND 12 FEET IN WIDTH THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL A THENCE NORTH 1 4 EAST ALONG THE WEST LINE OF SAID PARCEL A A DISTANCE OF 6 27 FEET TO THE POINT OF BEGINNING OF SAID STRIP THENCE SOUTH WEST ALONG A LINE 6 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT A DISTANCE OF FEET TO THE POINT OF TERMINUS OF SAID STRIP AND A POINT HEREINAFTER KNOWN AS REFERENCE POINT A TOGETHER WITH A STRIP OF LAND 6 FEET IN WIDTH THE CENTERLINE OF SAID STRIP DESCRIBED AS FOLLOWS BEGINNING AT SAID REFERENCE POINT A THENCE NORTH EAST A DISTANCE OF 66 6 FEET TO THE POINT OF TERMINUS OF SAID 6 FOOT STRIP THE SIDELINES OF SAID STRIPS BEING LENGTHENED OR SHORTENED TO A POINT OF INTERSECTION TO FORM A CONTINUOUS STRIP SAID LAND SITUATE IN THE CITY OF DEERFIELD BEACH BROWARD COUNTY FLORIDA REV1 1 AUG 1 ADDRESS SAR Drawn By SAR Date 23 MAR 1 Checked By F B 215 Pg 37 Scale N A Job No JG23 FIB1 Sheet 2 of 2 Drawill9 K JGOO23 FlB1 en FlLES JCOO23FlB1 ESt tts ciwll LEGAl