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Home My WebLink About2024-0023120240004201 RECORDED IN THE PUBLIC RECORDS OF RYAN L. BUTLER, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 3675 PG: 478 Page 1 of 8 1/30/2024 9 52 AM Prepared by and after recording return to: Seth S. Sheitelman, Esq. Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 FENCE ENCROACHMENT AGREEMENT THIS FENCE ENCROACHMENT AGREEMENT ("Agreement") is made this fth day of January, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, Attn: Corporate Real Estate Department. The County and FPL are sometimes individually referred to herein as a "Party" and collectively as the "Parties." Recitals WHEREAS, FPL owns that certain real property located at 1480 27"' Avenue SW, Vero Beach, Indian River County, Florida having Indian River County Parcel Identification Number 33392600006000200009.0 ("FPL Property"); WHEREAS, the County owns that certain real property located adjacent to and contiguous with the FPL Property ("County Property"); WHEREAS, FPL's existing fence encroaches onto the County Property ("Encroachment") as reflected on the drawing attached hereto as Exhibit A and by this reference made a part hereof ("Encroachment Area"); and WHEREAS, FPL has requested consent from the County to keep, maintain, repair, replace and enjoy the Encroachment upon the County Property within the Encroachment Area, and the County is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Agreement, FPL and the County hereby agree as follows: 1. Recitals. The Parties agree that the foregoing recitals are true and correct and are incorporated -herein by this reference. 2. Encroachment. The County hereby consents for FPL to maintain, use, operate, repair, replace and enjoy the Encroachment on the County Property within the Encroachment Area, subject to compliance with the following terms and conditions: a. FPL shall keep the Encroachment Area free of any trash or debris caused solely and directly by FPL, or its contractors, employees or agents. FPL shall not allow the Encroachment Area to be used for any unlawful purpose. FPL shall comply with all applicable governmental laws, ordinances, rules and regulations while using the Encroachment Area for the purposes granted herein. b. FPL will repair any damage to the Encroachment Area if the Encroachment area is damaged during the term of this Agreement, unless such damage is caused by the County's negligence or misconduct. C. Except as to the Encroachment, FPL shall not construct any additional improvements of any kind within the confines of the Encroachment Area. d. Notwithstanding the forgoing, in the event the Encroachment is destroyed or damaged or in need of replacement, now or in the future at any time, the replacement Encroachment may only be installed or constructed in the same location as the current Encroachment. 3. Future County Improvements. The Parties hereby acknowledge and agree that, in the future, the County may need to pave, expand and/or improve the Encroachment Area in connection with a County public right-of-way project ("Future Improvement"), and that the County's construction of such Future Improvement may conflict with, and in the ordinary course would require the relocation of the Encroachment. However, both Parties recognize that relocation of the Encroachment may not be practicable given the nature of the Encroachment. Should the County's need for improvement or construction of any Future Improvement occur which presents a conflict with FPL's Encroachment, and FPL is not able or willing to relocate or alter its Encroachment to resolve the conflict, then FPL agrees to pay the County the incremental actual and reasonable costs incurred by the County to design and construct its Future Improvement so as to avoid the conflict with FPL's Encroachment that otherwise would not have been incurred, whereupon FPL shall pay the County within sixty (60) days after receipt from the County of an invoice for those incremental costs; provided, however, in no event shall incremental cost exceed $50,000.00 without the prior written consent of FPL. 4. No Ownership. FPL acknowledges and agrees that it shall not have any ownership interest in and to the Encroachment Area or the County Property by virtue of this Agreement. 5. ' Termination. The County may terminate this Agreement at any time upon at least one (1) year's prior written notice to FPL. FPL may terminate this Agreement at any time upon at least thirty (30) days' prior written notice to the County. 6. Removal; Restoration. Upon the termination of this Agreement, upon the County's written request, FPL shall remove the Encroachment and restore the Encroachment Area, normal wear and tear excepted. 7. Liability and Indemnification. The County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement, unless caused by the County's negligence or misconduct. FPL shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by FPL Page 2 in conjunction with any of the activities described in this Agreement, unless caused by the County's negligence or misconduct; provided, however, in no event shall FPL be liable for any consequential, special, exemplary, punitive, indirect or incidental losses or damages. This section shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. 8. Insurance Requirements. FPL shall procure, maintain and provide evidence of Commercial General Liability Insurance covering liability arising out of premises, operations, bodily injury, property damage, products and completed operation and liability under an insured contract (contractual liability), with limits of One Mission Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. The policy shall list the County as an additional insured and shall provide the County with at least 30 days written notice prior to cancellation or material change in coverage. FPL may meet the above insurance requirements by any combination of primary, excess or self-insurance. 9. 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. 10. Choice of 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. 11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 12. Counterparts. This Encroachment Agreement may be executed in counterparts, each of which when conformed shall be an original and all of which together shall constitute a single document. [Remainder of page intentionally left blank, Signature pages and Acknowledgements follow] Page 3 IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date and year first above written. ATTEST: RYAN L. BUTLER CLERK & COMPTROLLER By: Deputy Clerk Signed and delivered in the presence of: hm✓l ono Witness Sign ure Kimberly K. Moirano Print Witness Name A4!V-- Witness Signature 41hLeu13r-WLA/4 Print Witnes'6 Name APPROVED AS TO FORM AND OF CI By: William K. DeBraal,"County Attorney Page 4 INDIAN RIVER COUNTY, a subdivision of the State ofNU Nam*: Susan Adams APPROVED AS TO TERMS AND C DI NS By: ep ent Director WITNESSES: Sign: /.. /) &." Print: A-Chel fal mo d Sign:_ 4-4izk' Print: tr1CU' M,44,L STATE OF FLORIDA COUNTY OF PALM BEACH FPL: Florida Power & Light Company, a Florida corporation By: Name: e5" c 4 q 6 t 1L Title:�� ,��• ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by means of lel' 11 presence or ❑ online notarization, this 1'3_ day of IJnv�,.,,/i , 20,za, by as pt &,,,,& U., of Florida Power & Light Company, a Florid corporation, on behalf of the corporation. [NOTARIAL SEAL] 7-lor-ded JENNIFER COR"ELLry Public State l Floridaommfsslon I NN 138034omm. Expires Jun 4, 2025rough National Notary Assn. Notary: Print N Notary Public, State of Florida My commission expires: jj n, 4. 24 2-r ?'Personally Known OR ❑ Produced Identification Type of Identification Produced Page 5 Exhibit A Encroachment Area Page 6 Exhibit A Encroachment Area Page 6 Exhibit "A" LEGAL DESCRIPTION: A PORTION OF 26TH COURT SOUTHWEST ALSO KNOWN AS TENNESSEE AVENUE (A 70.00 FOOT WIDE PUBLIC RIGHT-OF-WAY PER OSLO PARK UNIT NUMBER 7 AS RECORDED IN PLAT BOOK 4, PAGE 28 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), BEING WITHIN THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.- COMMENCE OLLOWS: COMMENCE A T THE NOR THEAS T CORNER OF L 0 T 1, BL OCK B, OSL 0 PARK UNI T NUMBER 7, ACCORDING TO SAID PLAT BOOK 4, PAGE 28; THENCE RUN ALONG THE EAST LINE OF SAID BLOCK B, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID 26TH COURT SOUTHWEST (TENNESSEE AVENUE) S00 O3'11 "W FOR 427.33 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID RIGHT OF WAY LINE 500X3'11 "W FOR 172.67 FEET TO THE SOUTHEAST CORNER OF LOT 13, BLOCK B, BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 15TH STREET SOUTHWEST ALSO KNOWN AS SHAMROCK LANE (A 35.00 FOOT WIDE PUBLIC RIGHT-OF-WAY PER SAID PLAT BOOK 4, PAGE 28); THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE RUN S89 4856 E FOR 4.39 FEET- THENCE RUN ALONG A LINE PARALLEL TO AND 4.39 FEET EASTERLY OF SAID WEST RIGHT-OF-WAY LINE N0003'11'E FOR 172.67 FEET- THENCE RUN N894856"W FOR 4.39 FEET TO THE POINT OF BEGINNING. CONTAIN/NG 758 SQUARE FEET (0.017 ACRES) MORE OR LESS. LEGEND: SHEET INDEX SHEET 1: VICINITY MAP, NOTES, LEGAL DESCRIPTION SHEET 2: SKETCH OF DESCRIPTION SKETCH NO TES. 1. BEARINGS SHOWN HEREON ARE BASED PLANE COORDINATE SYSTEM, EAST N ADJUSTMENT), DERIVING A BEARING OF EAST LINE OF BLOCK B, OSLO PARK BOOK 4, PAGE 28. 13TH ST SW AT 3 3 cn 3 cn 3 to to U ¢ U Q GC Q ti = N N N N N SITE 15TH ST SW VICINITY MAP (NOT TO SCALE) ON THE FLORIDA STATE ZONE, NAD 83 (2011 SO003'11 "W ALONG THE UNIT NO. 7 PER PLA T TE)yR' 0 NSE N 1J* - 7151 STATE OF v FLORIDA a 40ISurrey�11-110, 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR Timothy A. Digitally signed by Timothy A. Terranova OTHER INSTRUMENTS OF RECORD. Terranova Date: 2023.12.081594:47-05W 12/08/23 J. THIS SKETCH MEETS THE APPLICABLE "STANDARDS OF TIMOTHY A. TERRANOVA DATE PRACTICE" AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYOR &MAPPER LICENSE NUMBER LS 7151 PROFESSIONAL SURVEYORS AND MAPPERS IN RULE NOT VALID 107HOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A 5J17.050-.052, FLORIDA ADMINISTRATIVE CODE. FLORIDA LICENSED SURVEYOR AND MAPPER 4. THIS IS NOT A BOUNDARY SURVEY. (SEE SHEET 2 FOR SKETCH OF DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SHEET 1 OF 2 SKETCH OF DESCRIPTION OF SGC ENGINEERING, LLC FENCE ENCROACHMENT SURVEY AND MAPPING AGREEMENT 1001 TOWN PLAZA COURT, SUITE 1032 LOCA7ED IN WINTER SPRINGS, FLORIDA 32708 SECTION 26, TOWNSHIP 33 SOU7H, RANGE 39 EAST SGC INDIAN RIVER COUNTY, FLORIDA PHONE: (800) 581-4031 PREPARED FOR: WWW.SGCSURVEY.COM FLORIDA POWER & LIGHT COMPANY LB 7s7s DATE: 12/08/23 SCALE: 1" = 40' DRAWN: SAS CHECK: TAT POINT OF LINE COMMENCEMEN T LENGTH NE CORNER OF LOT 1, BLOCK B S894856 'E PER PLAT BOOK 4, PAGE 28 L2 NORTHING.- 1179670.14' 4.39' EAS ANG: 846108.21 " PARCEL ID - 33392600006000200008.0 N LOT 8 m 0 i POINT of BEGINNING NORTHING: 1179242.81' LOT 9 EASTING:846107.81' E LINE OF BLOCK B AND -WEST R/W LINE OF 26TH COURT SW LOT 10 OSLO PARK UNIT NO. 7 PB 4, PG 28 BLOCK B PARCEL ID - 33392600006000200009.0 1 1 1 N I LOT 11 I LOT 12 1 LOT 13 1 1 4.39 GC i 1 1 NOR 774 R/W LINE OF 15ITH STREET SW 1 ?0 40 15TH STREET SW SHAMROCK LANE (P) (35.00' WIDE R/W PER I INCH = 40 FEET PB 4, PG 18) Q0 1 p 0 0 L2 LINE TABLE LINE BEARING LENGTH L 1 S894856 'E 4.39' L2 N89 4856V 4.39' Q � N � Oeoa � Woa o =2a Z � I FENCE ENCROACHMENT AGREEMENT AREA (±0.017 AC OR 758 SF) '-Ll SE CORNER OF LOT 13, BLOCK B, PB 4, PG 28 (SEE SHEET 1 FOR LEGAL DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SHEET 2 OF 2 SKETCH OF DESCRIPTION OF SGC ENG/NEER/NG, LLC FENCE ENCROACHMENT SURVEY AND MAPPING AGREEMENT 1001 TOWN PLAZA COURT, SUITE 1032 LOCATED IN WINTER SPRINGS, FLORIDA 32708 SGC SECRON 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA PHONE: (800) 581-4031 PREPARED FOR: WWW.SGCSURVEY.COM LB 7979 FLORIDA POWER & LIGHT COMPANY DATE: 12/08/23 SCALE: 1" = 40' DRAWN: SAS CHECK: TAT