Broward County Commission Regular Meeting
Director's Name: Joseph Morris
Department: Port Everglades Division: Director’s Office
Information
Requested Action
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MOTION TO APPROVE Amendment to Exclusive Underground Cable Easement between Broward County, as Grantor, and Florida Power and Light, as Grantee, for the installation, operation, and maintenance of underground electric utility facilities within the duct bank to be constructed by Broward County within Port Everglades, together with the nonexclusive right to make other uses of the adjacent lands and surface area; and authorize the Mayor and Clerk to execute same.
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Why Action is Necessary
Broward County Board of County Commissioners’ approval is required for the execution of the Amendment to the Exclusive Underground Cable Easement.
What Action Accomplishes
Amends the Exclusive Underground Cable Easement to extend the time frame provided for Broward County to begin construction of the duct bank from one year from the date of execution to two years, with five additional one-year extensions.
Goal Related Icon(s)
☒County Commission
☐Go Green
☐MAP Broward
Previous Action Taken
None.
Summary Explanation/Background
THE PORT EVERGLADES DEPARTMENT RECOMMENDS APPROVAL.
This action supports the Broward County Board of County Commissioners’ (“Board”) Value of “Building Partnerships and working collaboratively with others to meet shared objectives,” and the Goal of “Ensuring economic opportunities and a sustainable economy, with an emphasis on Broward's lower and middle class.”
On April 16, 2024 (Item No. 17), the Board approved an Exclusive Underground Cable Easement (“Easement”) granting Florida Power and Light (“FPL”) a perpetual right of exclusive use of a duct bank to be constructed by Broward County (“County”) for the installation, operation, and maintenance of underground electric utility facilities, together with the nonexclusive right to make other uses of the adjacent lands and surface area for purposes including, but not limited to, ingress and egress and excavation. The duct bank would be constructed as part of the County’s initiative to provide shore power to the eight cruise ship berths at Port Everglades. The agreement currently provides the option for the County to terminate the easement if the County fails to commence construction within one year of the date of execution of the agreement. This amendment extends the time frame for the start of construction two years, with five additional one-year extensions that can be exercised by the Port Everglades Department Chief Executive/Port Director.
A Request for Proposals (“RFP”) for Engineering Design Services for Shore Power Electrification for Port Everglades is expected to be released in April 2025. Approval of this amendment extends the timeframe for start of construction for up to an additional six years if needed, allowing sufficient time to complete a final design, competitively bid, and commence the duct bank construction.
The proposed Amendment to the Exclusive Underground Cable Easement has been reviewed and approved as to form by the Office of the County Attorney.
Source of Additional Information
Neil J. Kutchera, Assistant Port Director, Energy and Innovation, Port Everglades Department (954) 468-3520
Fiscal Impact
Fiscal Impact/Cost Summary
None.