Loading...
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 anuer; -iR� �� F� 1 TYj17AP b erg_• r +i'r a 110. a .- '. i ` ! lir. j end - 'k '9 ...e (4f- - ;pi) pm 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;:. :::_'ALA ACCO.ii?AM1°i1VG 5h'EETS:::=::;: KEITH N, CHEE-A-TOW4, P.L.S. Flcdda Registration No, 532ti AVIROM&ASSOCIATES, INC. L.B. No. 3300 E-Mall: KelthgAvIrornSurvey.com A VFFf OM & ASSOCIATES, ANC. S FWLYWO & MAF'€'N G 06, S. W. Lr' A Vcr4Ut. S)_) J t 102 ROr:A Rh MN, .1-C.ORI;v3 39432 0.1 3 2-Z.59f I RWIV 4VlROMS1JRVtY.son1 r',Is,rsa-r:u e M; 10457-3 SCALE; a A LSATF: 0 ;CWT.:PE. C 1FGKF:; F,B, V+A 3Ntt1: 1 OF 3 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 =Ail e AiTk4NG SP E Ti':=rt AVFRCalf & ASSOCIATES., INC. SuH VEYTfdG & M4PPrNG au S. W. 22d AVENUE; SUITE 162 aocA RA TO4 RORTIA 33432 • ) 392-23114 / www_AWROAASLORVEY.evm pwr, AIWWMaASSIMATE&x .al'Ariarefired ?hS-sketrA AMs orAi9W[WNS &MOM TES. Ala a 1of a kAd�IOr m s+'Mal Wan mark4ei n 413is 10457-3 CALE: WA DATE: 1:7141 rwt026 61" K.G. CHECK: K.M'.Cr4T I{A PG. WA SHEET 2 OF 3 Page 9 of 12 L T EAST TO WASD oug-NEE cobvirr FEjirAw EASEMENT DPAI0104 erce4 ARGO I N E35-4917" E 72.ei° 50.9.7 R6'4Vir E MORRIS MANORS (P.B. 48, PG 56. AI.D.CR) KINLOCH PARK rRAc S GCH PA.'( RE PLA CAR FAPi 2avceR) FclioNDA14195-10"-::01D 455 NW 47th AVENUE.P1lI. FL 531n E LINE BEARING' DISTAL IL:t l i r, a 1-.11'sq- lesr FLC - L2 N 65•49- r E AL': L3 19 O1•597.2".A1 10...ic.' L4 S 0r1r'439 E L5 S 072456E 9.0 " 'NASD RHINE EAILIGY7 GrONOVIV 1 ' • :2••••..... 25 Ce • 1—Acto, 9649.171 69EAWAIa SASS) 57411 44 DIAL. saw raw MCI' 1r LOT 479 FPI. RIVERSIDE SUBSTATION Follo ir-4105-ig2-06:1 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, LA 71.13. N 80'413'17" E I 1'9.05' 5 2.1.57 LOT 47.6 REST Lloti_mI-- rFACT 5 ▪ E 6125' 39" E.. S 88'4-917 FLAGLER GROVE ESTATES EXTENSION IsL100.03 . 2 VO (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 /5613 392-2594 / voodwAVAROMSURVEKcorq igime AVENOIM&ASSOC.M7E. !MC& deft rezerved Z=Zirhgt=.1rijAdrOp 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' S 0.2.24'54. E 7.34' £1630'413" LO r 485 - 6 0 uJ uJ ul uJ >cr c CC uJ s orke'mr E LOT 486 10457-3 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 1