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Landscape Maintenance Agreement
<br />THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and
<br />entered into as of February 1 , 2022 ("Effective Date") by and between Indian River County, a
<br />political subdivision of the State of Florida ("County"), whose address is 1801 27U' Street, Vero Beach,
<br />Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is
<br />700 Universe Boulevard, Juno Beach, Florida 33408.
<br />RECITALS
<br />WHEREAS, FPL is the owner of that certain parcel of real property located at 1575 98th
<br />Avenue, Vero Beach, Indian River County, Florida, as more specifically described on Exhibit A
<br />attached hereto and incorporated herein by this reference ("FPL Property");
<br />WHEREAS, FPL installed those certain cabbage palms and associated irrigation equipment in
<br />accordance with landscape plans set forth on Exhibit B attached hereto and incorporated herein by this
<br />reference (collectively, "Landscape Improvements") within a portion of the County's right-of-way
<br />along the FPL Property fronting between 16' Street and 98th Avenue ("County ROW");
<br />WHEREAS, FPL desires to maintain the Landscape Improvements located within the County
<br />ROW for aesthetic purposes; and
<br />WHEREAS, the County agrees to permit FPL to maintain the Landscape Improvements within
<br />the County ROW upon the terms and conditions set forth in this Agreement.
<br />NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements
<br />and promises contained herein, and other good and valuable consideration, the receipt, adequacy, and
<br />sufficiency of which are hereby acknowledged, County and FPL agree as follows:
<br />Recitals. The above recitals are true and correct and incorporated herein by this
<br />reference.
<br />2. Maintenance. FPL, at FPL's cost and expense, agrees to install and maintain the
<br />Landscape Improvements within the County ROW; provided however, FPL shall not be responsible to
<br />pay for any repair or damage to the Landscape Improvements caused by County, or its employees,
<br />contractors, and/or agents. FPL agrees to perform the work described herein in accordance with the
<br />standards set forth in Indian River County Code §926.12, adopted by reference herein, and County
<br />hereby waives any permit or application fees which might otherwise be associated with the work
<br />described herein within the County ROW. All work required hereunder to maintain the Landscape
<br />Improvements that will require lane closures within Indian River County right-of-way, shall have a Traffic
<br />Control Plan (TCP) approved by the County's Public Works Department, which TCP shall provide
<br />proposed detour routes, traffic control devices, and other pertinent information for the proposed
<br />project. FPL shall have the right, but not the obligation, to trim, replace, and/or remove the Landscape
<br />Improvements due to conflicts with any future or existing FPL facilities.
<br />3. Insurance. During the term of this Agreement, FPL shall maintain the following
<br />insurance:
<br />a. General Liability Insurance: FPL shall obtain and keep in force a general
<br />liability insurance policy, occurrence based, with a general aggregate limit of no less than
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