HomeMy WebLinkAbout26311AGREEMENT INFORMATION
AGREEMENT NUMBER
26311
NAME/TYPE OF AGREEMENT
FPL
DESCRIPTION
TEMPORARY ACCESS & CONSTRUCTION STAGING AREA &
HOLD HARMLESS AGREEMENT/CITY-OWNED PROPERTY
LOCATED AT 455 NW 47 AVE/FILE ID: 19549/R-26-
0330/MATTER ID: 25-3163
EFFECTIVE DATE
October 8, 2026
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/7/2026
DATE RECEIVED FROM ISSUING
DEPT.
10/8/2026
NOTE
DOCUSIGN AGREEMENT BY EMAIL
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Real Estate and Asset Management
DEPT. CONTACT PERSON: Danny Lozano, Property Mgmt. Specialist EXT. 1469
NAME OF CONTRACTUAL PARTY/ENTITY: FPL
IS THIS AGREEMENT TO BE EXPEDITED/RUSH
TOTAL CONTRACT AMOUNT: N/A
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑ GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
OTHER: IXl TEMPORARY ACCESS AGREEMENT.
® YES ONO
FUNDING INVOLVED? OYES ®NO
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM: Grant FPL a Temporary Access and Construction Staging Area and Hold Harmless
Agreement ("Agreement") on City -owned property located at 455 NW 47 AVE, commonly known as Charlie
Delucca Park ("City Property"), to construct a precast, concrete wall ("Wall") on the FPL Property (4631 NW 4
ST) which is adjacent to the southern boundary of the City Property and for the use of the Access Area for staging
and ancillary activities related to the construction of the Wall on the adjacent FPL Property.
COMMISSION APPROVAL DATE: 7/23/2026 FILE ID: 19549 ENACTMENT NO: R-26-0330
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
September
21, 2026 114:13:05
PRINT: ALEJANDRO MARTINEZ-ESTEVE
EDT
SIGNATURE: D''.,
SUBMITTED TO RISK MANAGEMENT
21, 2026 114:22:44
cslesFo64c4sF_.
PRINT: DAVID RUIZ
EDT 9 ,
SIGNATURE: rain, ab"-'5
C2�396C6313214E1_.
September
SUBMITTED TO CITY ATTORNEY
1, 2026 14:12:49
PRINT: GEORGE K. WYSONG III
EDT 9 >
(—Signed
SIGNATURE: G-6T- gl'isein.e� III
Matter No. 25-3163 ACA Brako October
(.15
APPROVAL BY ASSISTANT CITY MANAGER
2, 2026 1 08:54:54
69116E9FE632486..
PRINT: ASAEL MARRERO
EDT 9
SIGNATURE: z;„:._
CC6FAO9A663646A_.
October
APPROVAL BY DEPUTY CITY MANAGER
2, 2026 1 09:43:22
PRINT: NATASHA COLEBROOK-WILLIAMS
EDT SocuSigned by:
SIGNATURE: e.4-w:ee;...a
CN 84W669➢5..1B_.
October
RECEIVED BY CITY MANAGER
7, 2026 109
PRINT: JAMES REYES
45:19 EDT
SIGNATURE:
g266F2G6A473
October
SUBMITTED TO THE CITY CLERK
October
7, 2026 115:43:17
PRINT: TODD B. HANNON
EDT
SocuSigned by:
SIGNATURE: {=-
C
E46D7666DCF1459_.
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
City of Miami
Resolution R-26-0330
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 19549 Final Action Date: 7/23/2026
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
TEMPORARY ACCESS AND CONSTRUCTION STAGING AREA AND HOLD
HARMLESS AGREEMENT ("AGREEMENT"), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH FLORIDA POWER & LIGHT COMPANY, A
FLORIDA PROFIT CORPORATION ("FPL"), TO ACCESS A CERTAIN
PORTION OF CITY OF MIAMI OWNED REAL PROPERTY LOCATED AT 455
NORTHWEST 47 AVENUE, MIAMI, FLORIDA 33126, COMMONLY KNOWN AS
CHARLIE DELUCCA PARK, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED , FOR CONSTRUCTION
STAGING, ACCESS, INGRESS AND EGRESS, FOR THE CONSTRUCTION
OF A PRECAST, CONCRETE WALL ON THE ADJACENT FPL ELECTRICAL
SUBSTATION PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS,
INCLUDING AMENDMENTS AND MODIFICATIONS TO SAID AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, the City of Miami ("City") is the fee simple owner of the real property located
at 455 Northwest 47 Avenue, Miami, Florida 33126, commonly known as Charlie Delucca Park
("City Property"), as more particularly described in Exhibit "A," attached and incorporated ("the
Access Area"); and
WHEREAS, Florida Power & Light Company, a Florida corporation ("FPL") is the fee
simple owner of the real property located at 4631 Northwest 4 Street, Miami, Florida 33126,
commonly known as an FPL electrical substation ("FPL Property"); and
WHEREAS, FPL has requested permission to enter upon the Access Area over which
certain equipment and facilities will ingress and egress and/or be staged for the construction of
a wall, defined hereinbelow; and
WHEREAS, the City desires to grant FPL a Temporary Access and Construction Staging
Area and Hold Harmless Agreement ("Agreement") to construct a precast, concrete wall ("Wall")
around and on the FPL Property which is adjacent to and adjoins the southern boundary of the
City Property and for the use of the Access Area for staging and ancillary activities related to the
construction of the Wall on the adjacent FPL Property, including the right of ingress and egress,
the use of vehicles, equipment, and construction materials, the installation of temporary fencing
and mats, vegetation clearing and maintenance, and excavation, grading, leveling, and
backfilling to facilitate the project ("Intended Purpose");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 2 File ID: 19549 (Revision:) Printed On: 8/3/2026
File ID: 19549 Enactment Number: R-26-0330
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute the Agreement
with FPL, in a form acceptable to the City Attorney, for the use of the Access Area, as more
particularly described in Exhibit "A," attached and incorporated, for the Intended Purpose.
Section 3. The City Manager is further authorized' to negotiate and execute all
necessary documents, including amendments and modifications to said Agreement in
furtherance of the Intended Purpose, in a form acceptable to the City Attorney.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
44--4
ge Wyy•ng III, Cty
ttor ev 7/14/2026
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and Code provisions.
City of Miami Page 2 of 2 File ID: 19549 (Revision:) Printed on: 8/3/2026
TEMPORARY ACCESS AND CONSTRUCTION STAGING AREA
AND HOLD HARMLESS AGREEMENT
This Temporary Access and Construction Staging Area and Hold Harmless Agreement
("Agreement"), is made this 8th day of October , 2026 ("Effective Date"), by and between
Florida Power & Light Company, a Florida corporation ("FPL"), with a principal address of 700
Universe Boulevard, Juno Beach, Florida 33408, and the City of Miami, a municipal corporation
of the State of Florida ("City"), with a principal address of 444 SW 2nd Avenue, Miami, Florida
33130. FPL and City are sometimes referred to individually as a "Party" and collectively as the
"Parties".
PREMISES
A. City is the owner of that certain tract of real property located in Miami -Dade County,
Florida at 455 NW 47th Avenue, Miami, Florida 33126 and identified as Folio #: 01-4105-101-0010,
and more particularly depicted in Exhibit A attached hereto and made a part hereof ("City
Property");
B. FPL is the owner of that certain tract of real property located in Miami -Dade County,
Florida at 4631 NW 4th Street, Miami, Florida 33126 and identified as Folio #: 01-4105-032-0050,
and more particularly depicted in Exhibit B attached hereto and made a part hereof ("FPL
Property");
C. FPL intends to construct and maintain a precast concrete wall ("Wall") around and
on the FPL Property which is adjacent to and adjoins the southern boundary of the City Property; and
D. City desires to grant and convey to FPL, permission to enter upon that certain portion
of the City Property more particularly depicted in Exhibit C attached hereto and made a part hereof
("Access Area") over which certain equipment and facilities will ingress and egress and/or be staged
in furtherance of the construction of the Wall.
IN CONSIDERATION of the foregoing and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows:
1. Grant. City does hereby grant unto FPL the right to enter upon the Access Area for
the purposes of conducting ancillary activities related to the construction of the Wall on the FPL
Property, together with the right for vehicles, equipment, and construction materials to traverse over
the Access Area; and the right of ingress to and egress from the Access Area and over and along the
City Property by FPL, its agents, invitees, contractors, subcontractors, licensees, invitees,
subsidiaries and affiliates. FPL shall also have the right to install temporary fencing, lay temporary
mats, clear the land, cut, prune and remove or otherwise dispose of any foliage or vegetation and
keep the land clear of all obstructions on the Access Area, in the exercise of its rights hereunder. FPL
shall also have the right to undertake excavation, leveling and backfilling of the Access Area.
Page 1 of 12
2. Term. The term of this Agreement ("Term") shall commence on the Effective Date
and, unless earlier terminated, shall automatically expire on February 7th
2027 without the need for further action on the part of either Party.
3. Removal and Restoration. Upon the expiration or earlier termination of this
Agreement, FPL shall remove all of its personal property, fixtures, equipment and physical material
pertaining to the Wall and restore the Access Area to substantially the same physical condition that
existed immediately before FPL's use of the Access Area, as commercially practicable, including,
but not limited to, repairing any damage caused by FPL or its agents to the sidewalks, curbs, and
roadways within the Access Area (and adjoining areas) to substantially the same physical condition
that existed immediately before FPL's use of the Access Area, as commercially practicable.
4. Indemnity. FPL shall be responsible throughout the Term of this Agreement for
protection of FPL's equipment, materials, and improvements and for ensuring adequate safeguards
for FPL customers, and the personnel and equipment of City and FPL. FPL shall indemnify, defend
and hold City harmless from any and all claims, demands, costs or expenses, for personal injury or
death to persons and damage to property caused by, arising out of, or resulting from: (i) any act or
omission by FPL, its contractors, agents, servants and employees in connection with the access and
uses authorized by this Agreement or the development, construction, use or operation of its
improvements, equipment, or materials, (ii) any defect in, failure of, or fault related to, the
improvements, equipment, or materials, or (iii) the negligence of FPL, its contractors, subcontractors,
agents, servants, employees, subsidiaries or assigns. FPL shall pay all claims, costs, damages and
losses in connection with (i), (ii) or (iii) above, and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the City, including appellate proceedings and shall pay
all costs, judgment and attorney's fees that may issue thereon. The provisions of this Section shall
survive termination, cancellation, suspension, completion or expiration of this Agreement. FPL shall
require its contractors to comply with the terms of this section.
5. Limitation of Liability. To the fullest extent permitted by law, neither City nor FPL,
nor their respective officers, directors, agents, employees, members, parents, subsidiaries or
affiliates, successors or assigns, or their respective officers, directors, agents, employees, members,
parents, subsidiaries or affiliates, successors or assigns, shall be liable to the other Party or their
respective officers, directors, agents, employees, members, parents, subsidiaries or affiliates,
successors or assigns, for claims, suits, actions or causes of action for incidental, indirect, special,
punitive, or consequential damages connected with or resulting from performance or non-
performance, or any actions undertaken in connection with or related to this Agreement. Nothing
contained in this Agreement shall be deemed to be a waiver of a Party's right to seek injunctive relief.
The provisions of this Section shall survive termination, cancellation, suspension, completion or
expiration of this Agreement. City is a Florida municipal corporation whose limits of liability are set
forth in section 768.28, Florida Statutes, and nothing herein shall be construed to waive the City's
sovereign immunity as set forth therein.
6. "As -Is, Where -Is". The Access Area is provided "as -is, where -is", in the present
condition and state of repair and without any representation by or on behalf of City, and FPL agrees
that City shall not be liable for any latent, patent or other defects in the Access Area.
Page 2 of 12
7. Severability. Should any provisions, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal
or otherwise unlawful, such provisions, paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform with such laws, and the same shall be deemed
severed, and in such event, the remaining terms and conditions of this Agreement shall remain
unmodified and in full force and effect.
8. Counterparts. This Agreement may be executed in any number of counterparts, each
of which so executed shall be deemed to be an original, and such counterparts shall together constitute
but one and the same Agreement. The Parties shall be entitled to sign and transmit an electronic
signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature
shall be binding on the Party whose name is contained therein. Any Party providing an electronic
signature agrees to promptly execute and deliver to the other Party an original signed Agreement
upon request.
9. Insurance. FPL shall be required to maintain, at all times during the Term of this
Agreement, insurance requirements in accordance with Exhibit D.
10. Miscellaneous.
a. FPL has read and voluntarily signs this Agreement and acknowledges that
valued consideration was independently and freely received by virtue of the limited access period
granted hereunder, and further agrees that no oral representations, statements or inducements
apart from the foregoing written Agreement have been made.
b. Notwithstanding any language to the contrary contained herein, the Parties
agree and acknowledge that this Agreement represents a temporary, non-exclusive and revocable
license to permit FPL to enter and occupy the Access Area solely for the purposes set forth herein.
This Agreement is revocable at will by the City at its sole and absolute discretion with ninety (90)
days prior written notice to FPL. In no event shall this Agreement be assignable by FPL without
City's written approval.
c. This Agreement shall be legally binding upon FPL and its contractors,
subcontractors, assigns, agents, vendees, and successors in interest.
[SIGNATURE PAGE TO FOLLOW]
Page 3 of 12
[trt, OJ1sam 111
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, as of the day and
year first above written.
"City"
CITY OF MIAMI, a municipal corporation of
the State of Florida
Signed by:
By A68C256F2C6A478...
Signed by: James Reyes, City Manager
Date: October 7, 2026 109:45:19 EDT
ATTEST:
oocusigned by:
'-E46D7560DCF1459...
Todd B. Hannon, City Clerk
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS:
REQUIREMENTS:
Signed by: Signed by:
88776E9FE88248B... 27395C6318214E7...
George K. Wysong III, City Attorney David Ruiz, Interim Director
Risk Management
55
Matter # 25-3163
Page 4of12
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, as of the day and
year first above written.
WITNESSES:
Print name:D
Post O+
if
L
Tint 14:
`ost E
47021-6-z-
ddress: 4200 West Flager St.
Miami, Florida 33134
Address: 200 West Flager St.
Miami, Florida 33134
FPL:
FLORIDA POWER & LIGHT COMPANY,
a Florida corporation
B
N rrfe: Ignacio B, Sarmiento
Title: Project Director Real Estate
ACKNOWLEDGMENT
STATE OF FLORIDA )
)ss:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me by means of physical presence or
❑ online notarization, this IVA day of September 2026, by Ignacio B. Sarmiento, as Project
Director Real Estate of Florida Power & Light Company, a Florida corporation, on behalf of the
corporation.
(NOTARIAL SEAL)
Notary: '/ [ Y)GG/2
d2
Print Name: 7. 7/ A- 7 et
Notary Public, State of Florida
My commission expires:
A --Personally Known OR ❑ Produced Identification
Type of Identification Produced
Page 5 of 12
EXHIBIT A
City Property
Miami -Dade County Folio Number: 01-4105-101-0010
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Page 6of12
EXHIBIT B
FPL Property
Miami -Dade County Folio Number: 01-4105-032-0050
Page 7of12
EXHIBIT C
Access Area
A certain portion of Miami -Dade County Folio Number: 01-4105-101-0010
EXHIBIT C
SURVEYOR'S REPORT:
SKETCH AND DESCRIPTIDNI
F.P.L. ACCESS AREA
PORTION TRACT'B', KINLOCH PARK
(P.B. 171, PG. 25. M.D.C.R )
w I l Y OF MIAM I MIAMI-DADE COL 1 Y, FLORIDA
1, Reproductions of this Sketch are not valid without the SIc, nature and the original seal or verified dlyllal signature of a
Florida Licensed Surveyor and Mapper. Additions or deletions to this survey map or report by other than the signing
party Is prohibited wlthou: written consent of the signing party.
2. No Title Opinion or Abstract to the subject property has been provided. It Is possible that there are Deeds, Easements,
or ether Instruments (recorded or unrecorded) which rray affect the subject property, ND searcn of the Public Records
has been made by the Surveyor. NO1 ICE: 1 Here may be encumbrances tnal are not delineated can this survey that may
be found In the Public Records of Miami -Dade County, Florida.
3. The land description shown hereon was prepared by the Surveyor,
4. Da a shown hereon was compiled from instrument(s) of record and does not constitute a boundary surrey.
5, Bearings shown hereon are relative to he plat KINLOCH PARK, as recorded In Plat Book 171. Page 25 of the Public
Records of Mier'nI-Dade County. Florida with the south line of Tract "B" having a bearing of S 96'49.1 r W.
b. This map Is Intended to be displayed at a scale of 1;4t9Q (1'=h10')or smaller,
7. Abbreviation Legend; F,P,L.= Florida Power & Ugh:: L.B.= Licensed Business; h9.D.C.R.= Miami -Dade County Records:
No.= Number O.R.B. Official Records Book; P.B.= Plat Book; PG.= Page; P.L.S.= Professional Land Surveyor:
P.O.B.= Point of Beginning; P.O.C.= Point of Commencement; RiVII= Right -of -Way; U.E.= Utility
Easement; 'NASD='Ara ter and Sewer Department; j = Centerline,
CERTIFICATION;
I HEREkiY f`.EFHfII-Y that tie attached Sketch and Description of the hereon described ornperty Is true and correct to the
best of my knowledge and belief es preaared under my direction, I FURTHER CERTIFY that this Sketch and Description
meets the Standards of Practice set forth in Chapters 5J-17, Florida Administrative Code. pursuant :o Chapter 472, Florida
Statutes.
Date;
Keith M. Chee-A-Tow PLS Digitally signed
sATow,PLSo 1Keith, a
•-'7/?.1 /2:326
'Aar a VALLLJ stint Y WTJ4OUT;:.
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KEITH N, CHEE-A-TOW4, P.L.S.
Flcdda Registration No, 532ti
AVIROM&ASSOCIATES, INC.
L.B. No. 3300
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Page 8 of 12
EXHIBIT
LEGAL DESCRIPTION:
SKETCH AND DESCRIPTION
F.P.L. ACCESS AREA
PORTION TRACT T.', KINLOCH PARK
{P.B. 171. PG. 25. M.D.C.R.;
CITY OF MIAMI. riIAMI-oADE COLrk 1 Y.1-LORIDA
A parcel of land being a portion of Tract "B', KINLOCH PARK according to the plat thereof as
recorded In Plat Book 171, Page 25 of the Public Records of Miami -Dade County, Florida more
particularly described as:
COMMENCING at the southwest corner of said Tract "B": thence N 86"49'17" E along the south
line of said Tract "B", a distance of 50.90 feet to the POINT OF BEGINNING; thence N 01'31'59' W
a distance of 8,01 feet: thence N 86°49'17" E a distance of 4,05 feet: thence N 01°5B'22"W,
distance of 10.66 feet: thence N 86'49'17" E, a distance of 72.81 feet; thence S 03'10'43" E, a
distance of 8,29 feet; thence N 85°49'17" E, a distance of 71,13 feet; thence S 02°24'56" E, a
distance of 9.01 feet; thence N 86'38'48" E, a distance of 63.25 feet; thence 5 02¢24'56" E, a
distance of 21,42, feet; thence N 86°38'48" E, a distance of 7,34 feet; thence S O317'39" E, a
distance of 9.66 feet to the south line of said Traci "B"; thence 5 86'49'17" W along said south line,
a distance of 100,03 feet to the west line of said Tract "B"; thence N 02°17'13" W along said west
line, a distance of 27.49 feet to the south line of said Tract "B"; thence 5 86°49'17" W along said
south line, a distance of 119,05 feet to the the POINT OF BEGINNING,
Said lands lying and being In Section 5, Township 54 South, Range 41 East. City of Miami,
Miami -Dade County, Florida hawing an area of 5,108,55 square feet (0,117 acres) more or less,
6T A VALID Sakfti liTilccflrr
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Page 9 of 12
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4531 NW 4!11 STRaT, MU, FL 33126
'qEVISIONS
LO i' 480
EXHIBIT C
0
4- 1
40
80
GRAPHIC SCALE IN FEET
r =40'
F.R.L. Temporary Access &
— Construction Staging Area
iv LP-E.
Feu. i71, 2.5,
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N 80'413'17" E
I
1'9.05'
5 2.1.57
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39" E..
S 88'4-917
FLAGLER GROVE ESTATES EXTENSION IsL100.03
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(0.B. 9. pa 163, mox,R,)
LC;! 462 LOT 483 LOT 484
Amin* 4 ASSOCIATES, WC,
SURVEYING & IAA WING
50 S.W. 2nd AVENUE, SUOTE 102
BOC.4 PUTelfd. FLORIDA 33432
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SKETCH S DESCRIPTION
F.P.L ACCESS AREA
PORTION OF TRACT "B"
KINLOCH PARK
(P.B. 171, PG, 25, M.D_C_11)
CITY OF VIAHI
MLAMI-13.40E COIATY F_ORIDA.
21. 42'
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SCALE: 1-.4.0'
DATE 07.010076
CHECKED: KAI°.
F.O. NIA PG. IVA
SI-FET 3 OF 3
EXHIBIT D
Insurance Requirements —
(Florida Power & Light Company)
FPL shall procure and maintain, at FPL's sole cost and expense, commercial general
liability insurance providing coverage which protects FPL and City and the City's Related
Parties from and against any and all claims and liabilities for bodily injury, death and
property damage arising from operations, premises liability, fire with respect to the
Substation and any occupation or use of the Other Easement Areas. Such insurance shall
provide minimum coverage of $1,000,000.00 per occurrence and $2,000,000.00 aggregate
including coverage for completed operation exposures, as may be applicable in connection
with the services performed under this agreement. Such insurance should be written on a
primary and non contributory basis listing the City as an additional insured FPL shall be and
remain liable for and pay all deductibles and other amounts not covered, paid or reimbursed
under the insurance policies. If applicable to this agreement, FPL shall also maintain
coverage for auto liability with limits of $1,000,000 per occurrence affording coverage on
all owned autos, including non owned auto exposures. FPL may provide evidence of all the
insurance required herein via self insured program. FPL shall require its contractors to
comply with the terms of this section,
(b) FPL shall procure and maintain, at FPL's sole cost and expense, workers'
compensation insurance as required by applicable law, and employers' liability insurance,
with coverage amounts with minimum limits of (i) One Million Dollars ($1,000,000) for
bodily injury per accident, (ii) One Million Dollars ($1,000,000) for bodily injury by disease
per policy and (iii) One Million Dollars ($1,000,000) for bodily injury by disease per
employee.
(c) Intentionally Deleted.
(d) Certificates of Insurance. FPL shall cause certificates of insurance or a self -
insured letter, as applicable, to be provided to City for all applicable required insurance
coverage. Certificates shall state the types of coverage provided, limits of liability, and
expiration dates.
(f) Insurance Renewals. FPL shall cause certificates of insurance in
conformance with the requirements hereof to be promptly provided to City. Thirty (30) days
prior to the date of policy expiration occurring during the Term and so long as FPL otherwise
occupies or uses the Substation Premises or any of the Other Easement Areas. FPL shall
provide to the City a letter stating there is no lapse in coverage and a certificate of insurance
not later that fifteen (15) business days after each renewal.
(g) FPL's insurance in all instances shall be primary and any insurance that may
be maintained by City shall be in excess of and shall not contribute with FPL's insurance.
All insurance policies shall be issued by a company or companies licensed to do business in
the State of Florida, if applicable. The City must be listed as additional insured with respect
Page 11 of 12
to the general liability and auto policies.
(h) FPL's obligations hereunder shall survive the termination or expiration of this
Agreement.
(g) In the event that FPL's contractor(s) enter into or upon the Access Area, FPL
shall ensure that such contractor(s) have obtained and submitted to the City certificates of
insurance demonstrating compliance with the insurance requirements set forth above.
Nothing in this paragraph shall limit FPL's insurance obligations under this Agreement.
Page 12 of 12
FPL
700 Universe Blvd. Juno Beach, FL 33408
August 7, 2026
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
Re: Self -Insurance Documentation for Florida Power & Light Company ("FPL") — City of
Miami
This letter confirms FPL's self -insured retention / self-insurance (together, the "Self -Insurance")
as required by City of Miami. This Self -Insurance letter pertains only to FPL's and/or its
contractor's Work (the "Work"). Specific to, and for the duration of the Work, FPL will maintain
Self -Insurance for the following insurance coverages:
General Liability: $ 1,000,000— per occurrence
$ 2,000,000— per aggregate
Automobile Liability: $ 1,000,000- per occurrence - all owned, hired, rented and/or leased
Workers' Compensation and Employer's Liability: as required by state with statutory limits
not less than $1,000,000
Certificate Holder and Additional Insured Includes: City of Miami
For a copy of NextEra Energy, Inc.'s latest annual report as evidence of FPL's financial ability to
self -insure, please copy and paste the following link into your web browser:
http://www.nexteraenergy.com/investors/index.shtml
Sincerely,
J
Senior Director
Risk Management
FLORIDA POWER & LIGHT COMPANY
CERTIFICATE AS TO SIGNATURE AND INCUMBENCY
The undersigned, Jennifer L. Johnson, Assistant Secretary of Florida Power & Light Company, a Florida
corporation (the "Company"), hereby certifies that the person whose name, title and signature appear below is a
duly appointed representative of the Company and holds, on the date hereof, the title set forth opposite his name
and that the signature set forth opposite his name is genuine facsimile of such representative:
Name Title Signature
Ignacio Sarmiento Project Director Real Estate
IN WITNESS WHEREOF, I have hereunto signed my name on September 23, 2026.
Jennifer L. Johnson
Assistant Secretary
Olivera, Rosemary
From: Lozano, Danny
Sent: Thursday, October 8, 2026 12:41 PM
To: Hannon, Todd
Cc: Olivera, Rosemary; Ewan, Nicole; Maichel, Hans
Subject: Matter No. 25-3631 - FPL Temporary Access & Construction Staging Area & Hold
Harmless Agreement - Charlie Delucca Park
Attachments: DocuSign_PKT_Fully_Executed_FPL_Temporary_Access_Agreement.pdf
Good afternoon Todd,
Attached please find the fully executed copy of an agreement from DocuSign that is to be considered an
original agreement for your records.
Thank you,
Danny Lozano
Property Management Specialist 'City of Miami
Department of Real Estate & Asset Management (DREAM)
14 NE 1st Avenue, 2nd Floor, Miami, Florida 33132
T: 305.416.1469 I DLozano@miamigov.com
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