HomeMy WebLinkAbout2022-017Landscape Maintenance Agreement
THIS LANDSCAPE MAINTENANCE AGREEMENT ("Agreement") is made and
entered into as of February 1 , 2022 ("Effective Date") by and between Indian River County, a
political subdivision of the State of Florida ("County"), whose address is 1801 27U' Street, Vero Beach,
Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is
700 Universe Boulevard, Juno Beach, Florida 33408.
RECITALS
WHEREAS, FPL is the owner of that certain parcel of real property located at 1575 98th
Avenue, Vero Beach, Indian River County, Florida, as more specifically described on Exhibit A
attached hereto and incorporated herein by this reference ("FPL Property");
WHEREAS, FPL installed those certain cabbage palms and associated irrigation equipment in
accordance with landscape plans set forth on Exhibit B attached hereto and incorporated herein by this
reference (collectively, "Landscape Improvements") within a portion of the County's right-of-way
along the FPL Property fronting between 16' Street and 98th Avenue ("County ROW");
WHEREAS, FPL desires to maintain the Landscape Improvements located within the County
ROW for aesthetic purposes; and
WHEREAS, the County agrees to permit FPL to maintain the Landscape Improvements within
the County ROW upon the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the above recitals, the mutual covenants, agreements
and promises contained herein, and other good and valuable consideration, the receipt, adequacy, and
sufficiency of which are hereby acknowledged, County and FPL agree as follows:
Recitals. The above recitals are true and correct and incorporated herein by this
reference.
2. Maintenance. FPL, at FPL's cost and expense, agrees to install and maintain the
Landscape Improvements within the County ROW; provided however, FPL shall not be responsible to
pay for any repair or damage to the Landscape Improvements caused by County, or its employees,
contractors, and/or agents. FPL agrees to perform the work described herein in accordance with the
standards set forth in Indian River County Code §926.12, adopted by reference herein, and County
hereby waives any permit or application fees which might otherwise be associated with the work
described herein within the County ROW. All work required hereunder to maintain the Landscape
Improvements that will require lane closures within Indian River County right-of-way, shall have a Traffic
Control Plan (TCP) approved by the County's Public Works Department, which TCP shall provide
proposed detour routes, traffic control devices, and other pertinent information for the proposed
project. FPL shall have the right, but not the obligation, to trim, replace, and/or remove the Landscape
Improvements due to conflicts with any future or existing FPL facilities.
3. Insurance. During the term of this Agreement, FPL shall maintain the following
insurance:
a. General Liability Insurance: FPL shall obtain and keep in force a general
liability insurance policy, occurrence based, with a general aggregate limit of no less than
$300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional
insured.
b. Workers' Compensation: FPL shall ensure that any contractor or
subcontractor providing labor pursuant to this Agreement shall maintain Workers Compensation in
accordance with the laws of the State of Florida.
C. Automobile Insurance: If applicable, FPL shall ensure that any contractor
or subcontractor providing labor pursuant to this Agreement shall maintain Automobile Insurance
in accordance with the laws of the State of Florida.
The insurance carriers providing the coverage required by this Section shall be rated at least
A- VII by A.M. Best. FPL shall deliver the Certificates of Insurance or a letter of self-insurance
evidencing the foregoing policies to the County within 15 calendar days after written request. The
Certificates or letter of self-insurance and the insurance policies required by this Section shall contain
a provision that provides that the insurance coverage afforded under the policies will not be canceled
or non -renewed until at least 30 days prior written notice has been given to the County, excluding
workers' compensation and pollution legal liability. With the exception of the workers' compensation
policy, the County and its shareholders, partners, officers, directors, divisions, subdivisions, affiliates,
agents, employees, successors and assigns shall be shown as additional insureds under all of the
insurance policies required by this Section. The policies required by this Section shall be primary and
the insurance providers shall agree to waive their rights of subrogation against the County and its
shareholders, partners, officers, directors, divisions, subdivisions, affiliates, agents, employees,
successors and assigns, excluding pollution legal liability. FPL may meet the requirements in this
Section using any combination of primary, umbrella/excess or self-insurance programs.
4. Indemnity.
a. To the extent allowed by law, the County agrees to hold harmless FPL from
any liability which may arise from FPL's performance of the work described herein.
b. FPL agrees to exercise the privileges granted under this Agreement at its own
risk and to protect, defend, indemnify and save County harmless, from and against any and all claims,
demands, damages, actions, causes of action, or suits relating to personal injury, death and/or property
damage to the extent arising from FPL's, its employees' or contractors' use of, or activities upon, the
Property, and except where caused by the negligence, omission or willful conduct of County. FPL's
liability hereunder shall be limited to direct damages and shall exclude any other liability, including
special, indirect, punitive or consequential damages in contract, tort, warranty, strict liability or
otherwise.
5. Termination. This Agreement may only be terminated by either party by providing
ninety (90) days written notice to the other party at the address listed above.
6. Notices. All notices that may or are required to be given by either party to the other
hereunder shall be in writing, directed to such party at the address appearing on the first page of this
Agreement and sent by United States certified mail, postage prepaid, or by overnight courier. Notices
sent by overnight courier shall be deemed delivered on the date of delivery or rejection of delivery.
Notices sent by United States certified mail, postage prepaid shall be deemed delivered three (3) days
(Sundays and holidays excluded) following deposit in the Unites States mail.
7. Complete Agreement. This Agreement represents the complete and integrated
agreement of the parties with respect to the subject matter herein and supersedes all prior oral or written
agreements.
Amendment. This Agreement may only be modified in writing by mutual agreement
of both parties.
9. Governing Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Florida. The parties agree to first attempt to settle any dispute arising out
of or in connection with this Agreement by good faith negotiation. If the parties are unable to resolve
amicably any dispute arising out of or in connection with this Agreement, each shall have all remedies
available at law or in equity.
10. Jurisdiction; Jury Trial Waiver. Venue for any litigation regarding this Agreement
shall be in any federal or state court having jurisdiction in Indian River County, Florida. The parties
hereby voluntarily, knowingly, and intentionally agree, to the extent permitted by law, to the waiver of
a jury trial in any legal action or proceeding arising under or in connection with this Agreement.
11. Counterparts. This Agreement may be executed in counterparts, each of which is an
original and all of which together constitute one and the same instrument. For purposes of this
Agreement a facsimile or other electronic signature shall be deemed to be an original.
[Signatures appear on following page.]
The parties hereto have executed this Agreement as of the date first written above.
County:
ATTEST:
JEFFREY R. SMITH
CLERK & COMPTROLLER
By: \�,P�V ,, luiQ ,o - &D,
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFI Y
By: —0
4j
Assistant ounty Attorney
FPL:
Florida Power & Light Company,
a Florida corporation
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Title: Sr. t=,n •. .. �. y .
INDIAN RIVER COUNT'
subdivision of the State of
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;.LF9�
DUFdTY. ��
By: EAM 4, 1 �
Its: Chairman
Print Name: Peter D. 0' Bryan
APPROVED AS TO TERMS AND
CONDITION
By: ILI
Depar tirec o
Exhibit A
FPL Property
DESCRIPTION:
TRACT 1, SECTION 9,
INDIAN RIVER FARMS
FLORIDA, SAID LAND
RIGHTS—OF—WAY.
EXHIBIT "A"
TOWNSHIP 33 SOUTH, RANGE 38 EAST, ACCORDING TO LAST GENERAL PLAT OF LANDS OF
COMPANY RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY,
LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS CANALS, DITCHES AND
LESS AND EXCEPT THE NORTH 50 FEET AND THE EAST 90 FEET THEREOF.
CONTAINING 36.667 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS—OF—WAY OF RECORD.
NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.00'20'22"E. ALONG THE EAST LINE OF SECTION 9,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98
ADJUSTMENT).
4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND
CORRECT TO THE BEST OF MY K EDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 11, 2020. I
FURTHER C KETC OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER
5J-1 P LORIDA ARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
RONNIE L. FURNISS, PSM
PROFESSIONAL SURVEYOR AND
MAPPER #6272
STATE OF FLORIDA — LB #3591 SHEET 1 OF 2
CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING
Q 0 LANDSCAPE ARCHITECTURE — SURVEYING
7900 GLADES ROAD — SUITE 100
BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452
INDIAN RIVER SERVICE CENTER
SKETCH OF DESCRIPTION
DATE 09/11/2020
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NOTES:
1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL
2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS—OF—WAY, EASEMENTS, OWNERSHIP, OR
OTHER INSTRUMENTS OF RECORD.
3. BEARINGS ARE RELATIVE TO A GRID BEARING OF N.00'20'22"E. ALONG THE EAST LINE OF SECTION 9,
TOWNSHIP 33 SOUTH, RANGE 38 EAST, INDIAN RIVER COUNTY FLORIDA. BASED ON THE FLORIDA
STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (90/98
ADJUSTMENT).
4. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY
AS SUCH.
CERTIFICATE:
I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND
CORRECT TO THE BEST OF MY K EDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 11, 2020. I
FURTHER C KETC OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER
5J-1 P LORIDA ARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027.
RONNIE L. FURNISS, PSM
PROFESSIONAL SURVEYOR AND
MAPPER #6272
STATE OF FLORIDA — LB #3591 SHEET 1 OF 2
CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING
Q 0 LANDSCAPE ARCHITECTURE — SURVEYING
7900 GLADES ROAD — SUITE 100
BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452
INDIAN RIVER SERVICE CENTER
SKETCH OF DESCRIPTION
DATE 09/11/2020
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INDIAN RIVER SERVICE CENTER
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ST. LUCIE COUNTY, NOW INDINA RIVER
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CAULFIELD & WHEELER, INC.
CIVIL ENGINEERING
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7900 GLADES ROAD - SUITE 100
BOCA RATON, FLORIDA 33434
PHONE (561)-392-1991 / FAX (561)-750-1452
INDIAN RIVER SERVICE CENTER
SKETCH OF DESCRIPTION
N89'38'48"W
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Landscape Improvements
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