HomeMy WebLinkAboutR-94-31 RESOLUTION NO.: R-94-31
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
ENTER INTO AN AGREEMENT BETWEEN THE CITY OF SEBASTIAN,
AND FLORIDA POWER & LIGHT COMPANY FOR THE PURPOSE OF
PROVIDING AN EMERGENCY STAGING AREA IN THE EVENT OF
NATURAL DISASTER, MILITARY OR CIVIL DISTURBANCE;
PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
W~EREAS, the city of Sebastian desires to enter into an
agreement with Florida Power & Light Company for the purpose of
providing an emergency staging area in the event of a natural
disaster, military or civil disturbance, which results in a loss of
electrical power to the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. AUTHORIZATION. The Mayor and the City Clerk of
the City of Sebastian are hereby authorized to enter into an
agreement (attached hereto as Exhibit "A") for the purpose of
providing an emergency staging area for Florida Power & Light
Company in the event of a natural disaster, military or civil
disturbance, which results in the loss of electrical power to the
citizens of the City of Sebastian.
Section 2. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith.
Section 3. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the City Council would have enacted the remainder of
this Resolution without said invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
~ EFFECTIVE DATE. This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member ~~0~ . .......... · The motion was seconded by
Council Member ~J~~ and, upon being put to a
vote, the vote was as follows:
Mayor Arthur L. Firtion
Vice-Mayor Carolyn Corum
Council Member Norma J. Damp
Council Member Robert Freeland
Council Member Frank Oberbeck
The Mayor thereupon declared this Resolution duly passed and
, 1994
ATTEST:
Kathr~n M. O,Halloran, CMC/AAE
city Clerk
(SEAL)
By: / X/~~ ~
Arthur L. Firtion, Mayor
I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Veto Beach Press Journal as
required by Section 20A-2.6 D.1 of the Land Development Code of the
City of Sebastian, Florida, that one public hearing was held on
this Resolution at 7:00 p.m. on the Sth day of June, 1994, and that
following said public hearing this Resolution was passed by the
City Council.
Kathry~ M. O'Halloran, CMC/AAE
city Clerk
Charles Ian Nas{
%t~r~ney
~REEHENT
This Agreement is made and entered into as of this ~-~ day
of ~ , I994, by and between Florida Power & Light
Company (hereinafter "F.P.L.") and the City of Sebastian, Indian
Florida, a municipal corporation (hereinafter
River County,
"City") .
WHEREAS,
hurricanes,
in the event of disasters such as major storms,
other natttral disasters, or military or civil
disturbances, disruptions of electrical service to the residents of
the City may occur; and
WHEREAS, such disruption in electrical service will jeopardize
the public health, safety and welfare of the citizens of the City;
and
WHEREAS, to provide for rapid restoration of electrical
services to the City, F.P.L. may require a staging area in the
community to park trucks, store materials and equipment, and to act
as a marshalling site for work crews from other areas; and
WHEREAS, such staging area will be secured, for materials and
equipment pick-up; and
WHEREAS, work crews will be dispatched from the staging area
to repair electrical service to the community; and
WHEREAS, the staging area will be secured against theft,
vandalism, and site abuse, and temporary lighting will be used
during darkness; and
WHEREAS, the City, in the interest of promoting the public
health, safety and welfare of its citizens, is willing to provide
a staging area for as long as reasonably necessary for F.P.L. to
restore electrical services in the event of a major disaster,
military or civil disturbance; and
WHEREAS, F.P.L. agrees that upon completion of restoration of
electrical services, the staging area shall be returned to the
original condition existing prior to use by
NOW, THEREFORE, the parties agree as follows:
1. All representations as set forth hereinabove are
considered an integral part to this Agreement and, as such, made a
part of this Agreement.
2. The city hereby grants to F.P.~. the use of the area
described herein to perform the functions as described hereinabove
on an as needed basis. Said area to be used by P.P.S. is more
particularly described in Exhibit "A" to this Agreement and may,
from time to time, be changed by the City, in their sole
discretion, upon written notice to F.P.L.
3. The City shall not charge F.P.L. for use of the staging
area for the purposes as set forth hereinabove~ further, FPL a§rees
to pay all expenses related to the use of the City's property pu.r~uant to
4. To the fullest extent permitted by law, F.P.L. shall /this
. . , ~agree-
indemnify, defend and hold harmless, the Cmty and the City s m~.tj
agents, servants and employees, from and against all claims,~~
t'l~
damages, losses and expenses, including but not limited to -]~
attorney's fees, arising out of, or resulting from F.P.L.'s use of
the city's land for a staging area, except for injuries, damages or
claims which are the result of the sole negligence of the City, its
agents, servants, or employees. F.P.L. hereby acknowledges that
the obliga=ions imposed upon the City and the tel-ms of this
Agreement are the specific consideration for the indemnification
provided herein.
5. All notices, requests, consents, and other communication
required or permitted under this Agreement shall be in writing and
shall be (as elected by the person giving such notice) hand
delivered by messenger or courier service, or mailed by registered
or certified mail (postage pre-paid), return receipt requested, and
addressed to:
IF TO THE CITY:
WITH A COPY TO:
IF TO THE F.P.L.:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, FL 32958
Charles Ian Nash, Esquire
City Attorney
c/o Frese, Nash & Torpy, P.A.
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
This Agreement may be terminated by either party upon
thirty (30) days written notice of termination
7. In the event of any action, proceeding, suit or claim is
filed, initiated or maintained to enforce any of the provisions of
this Agreement, the prevailing party shall, in addition to relief
to which it is otherwise entitled, be entitled to recover such
further amounts, to the extent lawful, as shall be sufficient to
pay the cost and expenses of enforcement, including reasonable
attorney's fees, both at trial and all appellate levels.
8. This Agreement shall be construed and enforced in
accordance with and governed by the laws of the State of Florida.
Venue for any action pursuant to this Agreement shall be in Indian
River County, Florida.
9. Neither this Agreement, nor any terms thereof, may be
changed, waived, discharged or terminated except by an instrument
in writing signed by the party against which the enforcement of the
change, waiver, discharge or termination is sought.
IN WITNESS WHEREOF, the City has hereunto subscribed and
F.P.L. has affixed his, its, or their names, or name.
ATTEST:
Ka~hry~ M. O'Halloran
CMC/AAE, City Clerk
(Corporate Seal)
CITY:
THE CITY OF SEBASTIAN, FLORIDA
Name: Art. hut L. Fi~t~on ~.
Title: Mayor
Approved as to Form and Legal
Signed, sealed and delivered
in the presence of:
FLORIDA POWER & LIGHT COMPANY
Name
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
dentification.
The for.egoing instr%hment was acknowledged before me thais .~
the ;[~ '< )~ (%~TDSk_ of the CITY O~"~EBASTIAN, ~FLORID~,
on behal/f of the~CITY OF SEBASTIAN. ~~ pe_~rsonallv known t.o
as
Notary P~biic, /
State of Florida
Pri~n=ed
Commission Number
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The forDgoing instrument was ackno~edqed befg~e met_his
day o~ ~ , 1994, by ~J~_ ~.~o~
the ~~9~~~~-- of FLOriDA POWER..& LIGH~ COMPANY,
on behalf of the 'FLORIDA POWER & LIGHT COMPANY. He/she is
personally known to me or produced ~ ~n~~L,~.
identification.
Notary~ubl~c,~
State of Florida
Printed Bame '
Commission Number
TREASURE COAST STORM STAGING SITE
SEBASTIAN MUNICIPAL AIRPORT .
FPL LOGISTICS SiTE SUPERIVSOR
DENNIS REYNOLDS
OFFICE TELEPHONE (NORMAL WORK)-881-1252
FPL PAGER #
HOME TELEPHONE #407-258.-3988 (OR)
407=74,4.-6502
[]
TEAM MEMBERS
NAME WORK TELEPHONE ,.//'
HOME TELEPHONE ..~
MAiN CONTACT-MR. JOEL KOFORD
TITLE--CITY MANAGER
CONTACT TELEPHONE--
SECONDARY CONTACT--MR. JOHN VAN ANTWERP
TITLE--Al RPORT DI RECTOR
CONTACT TELEPHONE
EXHIBIT "A" (t of 3)
HiI. JE MP.DI::W?
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EXHIBIT "A" (2 of 3)
EXHIBIT "A" (3 of 3)~