HomeMy WebLinkAbout2006 - Emergency Staging Area
AGREEMENT
This agreement is made and entered into as of the '3~ day of ~ePt , 20 Db, by and
between Florida Power & Light Company (FPL) and the City of Sebastian
(Grantor).
WITNESSETH:
WHEREAS, in the event of disasters such as major storms, hurricanes, other natural
disasters, and military or civil disturbances, FPL will require temporary staging areas
from time to time in the communities to park trucks and stage employee vehicles and to
act as show-up sites for employees of FPL, its contractors, and other utilities assisting
FPL, and
WHEREAS, the staging areas will be secured against theft, vandalism, and site abuse,
and temporary lighting will be used during darkness, and
WHEREAS, Grantor is willing to provide a staging area for as long as reasonably
necessary for FPL to reinstall electric service, and
WHEREAS, FPL agrees that upon the completion of the company's storm restoration, the
staging area will be returned to its previous condition.
NOW, THEREFORE, the parties agree as follows:
1. GRANTOR hereby grants to FPL the use and control of the area described in Exhibit
"A" to perform the functions described in the recitals above on an "as needed" basis.
2. FPL agrees to protect, defend, indemnify and hold Grantor, its tenants, and their
officers, directors, employees, agents, and servants and its public officials, if a
subdivision of the State of Florida, (Grantor Entities) free and unharmed from and
against any and all third party (including employees of FPL, other utilities assisting
FPL, and its contractors) claims, liabilities, losses, costs, or damages whatsoever,
including court costs and reasonable attorneys' fees resulting from or in connection
with the use of the staging area by FPL and its contractors, including ingress and
egress thereto. FPL will also reimburse Grantor Entities for damages sustained as a
result of the negligence of its employees or the employees of its contractors or other
utilities assisting FPL.
3. FPL will provide any surface improvements it deems necessary for the effective use
of the area, required utility services, sanitation facilities, fuel dispensing for its
equipment, mobile office facilities, tents, eating facilities, and upon termination of
use, FPL will restore the property to at least its original condition.
4. This Agreement shall be for a term of one (1) year from date made and automatically
renewed from year to year thereafter until one party gives the other party ninety (90)
days written notice prior to the anniversary date that the Agreement will not be
renewed for the following year.
IN WITNESS WHEREOF, the parties have caused this agreement to be signed by
their duly authorized officers or representatives effective as of the date first above
written.
FL~~A POWER & LIGHT COMPANY
By ~ q I~
Title L~\'J\\~~ M~6eYL
<<Yn~
'-
Sally A. aio, MMC
City Clerk
Approved as to form and
legality for reliance by the City
of tian only:
L
EXHIBIT "A"
As an attachment to the staging agreement entered into as of the
8 ~ day of S QPTetV\ 8 s{L. , 2006, by and between Florida
Power & Light (FPL) and the City of Sebastian.
An area described on this date as the northern half of the deactivated
Runway 13-31 accessed by gate with additional area at the City
Manager's discretion. See attached highlighted picture.
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of
This Agreement
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AGREEKEN'l'
is made and entered into as of this t5~
day
1994, by and between Florida Power & Light
Company (hereinafter "F.P.L.") and the City of Sebastian, Indian
River County, Florida, a municipal corporation (hereinafter
"city").
WHEREAS, in the event of disasters such as major storms,
hurricanes, other natural 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
~IIDIT "A"~
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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 F.P.L.
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. L. 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 F.P.L. 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
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area for the purposes as set forth hereinabove, further, FPL agrees
to pay all expenses related to the use of the City's property p~~uant to
4. To the fullest extent permitted by law, F.P.L. shall this
agree-
indemnify, defend and hold harmless, the City and the City's ment.
1'\( U
agents, servants and employees, from and against all claims ~ ~ ;:5t
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 obligations imposed upon the City and the terms of this
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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 CrTY:
City of Sebastian
Attn: Joel Koford, city Manager
1225 Main Street
Sebastian, FL 32958
WITH A COPY TO:
Charles Ian Nash, Esquire
City Attorney
c/o Frese, Nash & Torpy, P.A.
930 S. Harbor City Boulevard
Suite 505
Melbourne, Florida 32901
IF TO THE F.P.L.:
F?/...
~7N: C. J.~CUtuAf3
_ fJ;D'J.. If Y
Pr IE-ReEJ Ft. 3of9S't-
terminated by either party upon
6. This Agreement may be
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.
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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.
rN WrTNESS WBEREOF I the City has hereunto subscribed and
F.P.L. has affixed his, its, or their names, or name.
CITY:
ATTEST:
(~m ()rlw~
athry M. O'Halloran
CMC/AAE, City Clerk
:~?~
Name: Arthur L. Firtion
(Corporate Seal)
Title: Mavor
as to Form and Legal
,
Charles Ian Nas, ity Attorney
Signed, sealed and delivered
in the presence of:
~.JJ(V~
@~Ip r;;:;Mh~/1
Name:bKEI4,DA E. EG~IS
FLORIDA POWER & LIGHT COMPANY
By:fhu~jd~
C/
Name: CJifl/tLEJ j'" S c#WAd
Title: h(~ Site Aep SUPV 7..
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was ackno ledged b fo e m tl:}is 8&. vj&
day of ~ ' 1994, by .', >' Ylt .0' "-
the ~ f\-. (lJlJAIL. of the CITY OF SEBASTIAN, FLORI ,
on behall 0 the CITY OF SEBASTIAN. He/fib? ~ personal Iv known to
~ or produced. as
identification.
SALL V A. MAIO
NoIIryPu_lOoI_
... eom_ Expir&oOCT 05.1_
COMM.CC045llOl
~a f1f~
Notary P bh~,
State of Florida
S~A.da.io
Printed ame
commission Number
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The for going instrument was ackn~~edqed b~flNe me this 7.J:b
day of , 1994, by ~ V. 0,'c.i..tJ~ ,
the .fie ( of FLORIDA POWER & LIGHT COMPANY,
on behalf of the FLORIDA POWER & LI~HT CO~ANY. He/she is
personally known to me or produced FL 1M~,,:;t;>';A' J1" S/6D-/5b-Yb-/n-o
identification. , Q /I. t2 .
N~Ub1iJ:1
State of Florida
pr?n\~~a~' JjcU()
SALL V A. MAIO
NoIIry __ of_
...eom_Expir&oOCT 05,1_
OOMM.COO45llOl
Commission Number
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TREASURE COAST STORM STAGING SITE
SEBASTIAN MUNICIPAL AIRPORT
FPL LOGIS11CS SITE SUPERIVSOR
DENNIS REYNOLDS
OFFICE TELEPHONE (NORMAL WORK}--881-1252
FPL PAGER #
HOME TELEPHONE #407-253-3988 (OR)
407 = 744-6502
TEAM MEMBERS
NAME
WORK TELEPHONE #
HOME TELEPHONE #
MAIN CONTACT -MR. JOEL KOFORD
TITLE--CITY MANAGER
CONTACT TELEPHONE--
SECONDARY CONTACT --MR. JOHN VAN ANTWERP
TITLE--Af RPORT DI RECTOR
CONTACT TELEPHONE
EXHIBIT "A" (1 of 3)
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EXHffiIT "A" (2 of 3)
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EXHIBIT "A" (3 of 3)
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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.
WBEREAS ,
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 rT RESOLVED BY THE CrTY COUNCrL OF THE CrTY
OF SEBASTrAN, rNDl:AN RrVER COUNTY, FLORrDA, that:
Section 1.
AUTHORrZATrON. 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.
CONFLrCT.
All resolutions or parts of
resolutions in conflict herewith.
Section 3.
SEVERABrLITY. In the event a court of
competent jurisdiction shall hold or dete~ine 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
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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.
Section 4.
EFFECTrVE DATE.
This Resolution shall take
effect immediately upon final passage.
The foregoing Resolution was moved for adoption by Council
Member ()!~ The motion was seconded by
Council Member ~~1-Ia~.{ 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
m
a.y-'
The Mayor thereupon
adopted this S-!t- day of
declared this Resolution duly passed and
~
, 1994.
CrTY
BASTIAN, FLORIDA
~
AT'l'EST:
L. F~rt~on, Mayor
Clr'j,,~, In f)Md~ 4^^-
Kathryn M. O'Halloran, CMC/AAE
City Clerk
(SEAL)
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I HEREBY CERTIFY that notice of public hearing on this
Resolution was published in the Vero 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 8th day of June, 1994, and that
following said pUblic hearing this Resolution was passed by the
~ Council. . .
/1 J, In f)';;;.//~ A
Kathry~ M. O'Halloran, CMC/AAE
City Clerk
Content:
./;:.
Attorney
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