Extend FPL property license for public works complex parking five years

RESOLUTION NO. 2024-__ A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO NOTIFY FPL OF THE VILLAGE’S INTENT TO EXTEND THE LICENSE AGREEMENT FOR USE OF PROPERTY AS AN ANNEX FOR THE PUBLIC WORKS COMPLEX FOR AN ADDITIONAL FIVE-YEAR TERM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council approved Resolution 2005-38 authorizing the execution of an agreement with FPL for use of a portion of their property for parking at the adjacent Public Works complex; and WHEREAS, the Village Council approved Resolution 2010-45 authorizing extending the license agreement for use of property as an annex for the public works complex for an additional five-year term; and WHEREAS, the Village Council wishes to extend the agreement for an additional five-year term;

NOW, THEREFORE,

BE IT RESOLVED BY THE VILLAGE COUNCIL OF PINECREST, FLORIDA AS FOLLOWS: Section 1. That the Village Council hereby authorizes the Village Manager to notify FPL of the Village’s intent to extend the License Agreement, for the use of the property as an annex for the Public Works complex, for an additional five-year term. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10th day of September, 2024. Joseph M. Corradino, Mayor Attest: Priscilla Torres, MMC Village Clerk Approved as to Form and Legal Sufficiency Mitchell Bierman Village Attorney Consent Agenda DATE: August 30, 2024 TO: The Honorable Mayor and Members of the Village Council FROM: Yocelyn Galiano, ICMA-CM, Village Manager RE: Lease Agreement with FPL I hereby respectfully request authorization to execute the attached lease agreement with Florida Power and Light, for the use of approximately 7,320 square feet of FPL property (strip measuring 35 feet by 245 feet), for parking and storage adjacent to the Public Works complex at the rear of Pinecrest Gardens. The parking is available to employees of the Public Works Department and Pinecrest Gardens. Since 2005, the Village has executed similar 5-year lease agreements for the continued use of the property. This most recent lease agreement will cost the Village a total of $52,048.50 over the next five years. /yg Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 Instructions for Executing Your New Agreement with Florida Power & Light Co. Enclosed is the new license Agreement (“Agreement”) that allows use of Florida Power & Light (“FPL”) owned property. Please complete the following steps to execute the Agreement: 1. Do not fill in the Effective Date at the top of the Agreement. This will be completed when the Agreement is fully executed. 2. The person whose name appears on the Agreement must sign and print their name on the signature page. For an entity such as a corporation, limited liability company, partnership, or similar, a person who is authorized to bind the entity to a lease or similar type of contract must provide signature, legible printed name, and title on the signature page. 3. Return the original document to the below office address Attn: Asset Management. When the Agreement is executed by FPL, a copy will be sent to you for your records. 4. Please include your first payment, plus any applicable sales tax, as it appears in the Agreement. Please send the first payment to the below office address Attn: Asset Management. Subsequent payments should go to the address in the agreement. 5. Please include a Certificate of Insurance that satisfies the $3 million minimum requirements per the Agreement. FPL must be named on the certificate as both an “Additional Insured” and as a “Certificate Holder”. If you are uncertain whether your policy complies with this requirement, please consult with your insurance carrier. Please also note that the following language, or something similar, should be used in the Description of Operations section of the Certificate of Insurance: This insurance is primary and non- contributory over any existing insurance and limited to the liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract. Please return the executed original postmarked no later than September 12, 2024. If you have any comments or edits to the document, DO NOT MAKE CHANGES TO THE FILE SENT. Please communicate your changes to me via email or phone and I will edit the document and resend to you. Noemi Vaden Florida Power & Light Company 700 Universe Boulevard, B2A/JB Juno Beach, FL 33408 Phone: 561-890-8999 Mobile Noemi.vaden@fpl.com LICENSE AGREEMENT (FPL License #0330-SD-2010) THIS LICENSE AGREEMENT (“License”) is made this___ day of ___________, 2024 (“Effective Date”) by and between Florida Power & Light Company, a Florida corporation (“Licensor”), whose mailing address is 700 Universe Blvd., B2A/JB, Juno Beach, Florida 33408-0420, and the Village of Pinecrest, a Florida municipal corporation (“Licensee”), whose mailing address is 10800 SW 57th Avenue, Pinecrest, Florida 33156. WITNESSETH WHEREAS, Licensor is the owner in fee simple of that certain real property located in Miami-Dade County, Florida, more particularly shown and described on Exhibit A attached hereto and incorporated herein by this reference (“Licensed Premises”); and WHEREAS, Licensee desires to occupy and use the Licensed Premises as stated herein and Licensor desires to allow such occupancy and use of the Licensed Premises upon the terms and conditions hereinafter set forth; and

NOW, THEREFORE, in consideration of the mutual benefits, covenants, agreements and promises contained in this License, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: TERMS, CONDITIONS, AND PROVISIONS 1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. 2. Use. Licensor hereby grants to Licensee and Licensee hereby accepts from Licensor, a non-exclusive license to occupy and use the Licensed Premises solely for vehicle parking purposes and commercial storage, but not for any other purpose whatsoever, upon the terms and conditions set forth in this License. Licensee shall adhere to, mandate, and strictly enforce rules in regards to the staging and storage, including, but not limited to the following: (i) no pressure washing of vehicles / equipment on the Licensed Premises; (ii) no sand blasting or painting upon the Licensed Premises; (iii) no repairing or maintenance of vehicles / equipment upon the Licensed Premises; and (iv) nobody shall either permanently or temporarily (overnight) live or reside inside a vehicle, trailer, or any other type of equipment parked upon the Licensed Premises. Licensee shall obtain at its sole cost and expense, all applicable federal, state, and local permits required in connection with Licensee's allowed use of the Licensed Premises and provide copies of each such permit to Licensor. 3. Term. This License is for a term of five (5) years, commencing retro actively on the 8th day of January, 2024 (“Commencement Date”) and ending on the 7th day of January, 2029 (“Term”), unless earlier terminated as provided by this License, or otherwise extended by mutual written agreement of Licensor and Licensee. 4. License Fee. During the term, Licensee shall pay Licensor the sum of ten thousand, four hundred nine and 70/100 dollars ($10,409.70) annually plus any applicable sales tax (“License Fee”), in lawful currency of the United States of America in the form of a regular bank check, cashier’s check or money order. The first year’s License Fee shall be due upon the Effective Date of this License; and thereafter, the License Fee shall be due on or before the first (8th) day of each and every January during the term. The total aggregate License Fee calculated over the initial 5-year term shall equal fifty-two thousand forty-eight and 50/100 dollars ($52,048.50). Installment payments shall be mailed to the following address and shall correspond to the following “Fee Due Date / Payment Amount” schedule: Fee Due Date / Payment Amount January 8th, 2024 $10,409.70 January 8th, 2025 $10,409.70 January 8th, 2026 $10,409.70 January 8th, 2027 $10,409.70 January 8th, 2028 $10,409.70 2 The License Fee shall be mailed to the following address: Florida Power & Light Company Attn: Asset Management Tammy Jaufmann 700 Universe Boulevard B2A/JB Juno Beach, FL 33408 5. Licensor's Rights. Licensee agrees to never claim any interest or estate of any kind or extent whatsoever to or in the Licensed Premises by virtue of this License or the occupancy or use hereunder. Licensee's use of the Licensed Premises shall always be subordinate to Licensor's rights to and in the Licensed Premises. Licensor hereby reserves the right to enter upon the Licensed Premises at any time and for any purposes and Licensee shall notify its employees, agents, contractors, subcontractors, licensees, and invitees accordingly. Licensor, its employees and contractors are not and shall not be responsible or liable for any injury, damage or loss to Licensee resulting from Licensor's use and/or Licensee’s use of the Licensed Premises. Licensor may at its sole discretion, install and/or permit others to install facilities upon, over and/or under the surface of the Licensed Premises at any time and from time to time during the Term. 6. Conditions and Restrictions on Use. (a) Licensee shall, at its sole cost and expense, comply with all laws, rules, and regulations of all governmental authorities having jurisdiction over the Licensed Premises or use of the Licensed Premises. Licensee shall employ agricultural and other land management practices standard in the county and/or counties in which the Licensed Premises is located according to the purpose for which this License is granted and for the protection of the Licensed Premises. Licensee shall not designate or use the Licensed Premises to satisfy or comply with any minimum required parking code. Licensee shall not within the Licensed Premises, construct or erect any permanent or temporary building, structure, fixture, fence, shelter, attachment or improvement without the prior written consent of Licensor. All work to be performed by Licensee upon the Licensed Premises shall be in accordance with detailed plans and specifications to be prepared by Licensee and submitted to Licensor for Licensor’s prior written approval thereof. Licensee shall not commence any work on the Licensed Premises unless and until such plans and specifications have been approved in writing by Licensor. Licensee shall pay directly on its own behalf for all costs and expenses associated with the construction and maintenance of all improvements and facilities that it constructs, operates and maintains upon the Licensed Premises. All fences, gates, lighting systems and irrigation systems installed by Licensee shall be electrically grounded according to Licensor's specifications. Licensee shall not cause or allow any waste of the Licensed Premises and shall not remove soil, import soil or alter the existing surface elevation of the Licensed Premises without first obtaining Licensor’s prior written consent, which Licensor may grant or withhold in its sole discretion. Licensee shall pay for all utility and other services furnished to or for Licensee upon the Licensed Premises. Licensee shall remove trash, rodents, insects and vermin from the Licensed Premises as necessary. (b) Licensee shall not use the Licensed Premises in any manner which, in the sole opinion of Licensor, might interfere with Licensor's use of the Licensed Premises or might cause a hazardous condition to exist. Licensee acknowledges that electrical equipment and appurtenances including, but not limited to, utility poles, overhead and underground wires, cables, conduits, circuits, insulators, transformers, guy wires and guy wire anchors (collectively “Licensor Facilities”), are installed or may be installed over, upon and under the surface of the Licensed Premises by Licensor and/or by others and are conductors of high-voltage electricity. Licensee understands that contact with or disturbance of any of these Licensor Facilities may cause a condition hazardous to persons and/or property. Licensee shall exercise extraordinary precautions to prevent injury or damage to persons and/or property that could result from contact with or disturbance of Licensor Facilities. Licensee shall notify its employees, agents, contractors, subcontractors, licensees and invitees of the existence of Licensor Facilities when working in the vicinity of Licensor Facilities. 3 (c) Licensee shall not install any improvements within twenty-five (25) feet of Licensor Facilities, unless Licensee first obtains prior written approval from Licensor. Licensee shall not cause or allow anything to exceed fourteen (14) feet in height above the surface of the Licensed Premises, nor allow any equipment capable of extending greater than fourteen (14) feet above the surface of the Licensed Premises to be brought upon the Licensed Premises, except that this provision shall not apply to equipment and items brought onto the Licensed Premises by Licensor or Licensor’s employees, agents, and contractors. Licensee shall utilize effective dust control measures to prevent contamination of high-voltage circuit insulators. In each and every location where an electrical circuit exists above the ground surface of the Licensed Premises, Licensee shall not allow to be planted or rooted in the ground within less than fifty (50) lateral feet of such circuit, any type of vegetation that is capable of growing to a height of fourteen (14) feet or more above the ground surface. Licensee may, anywhere upon the Licensed Premises, grow any type of vegetation that is planted and rooted in a pot or container where the volume capacity of the pot or container does not exceed twenty-five (25) gallons and where no part of the pot or container exists below the surface of the ground that touches the pot or container. Vegetation planted and rooted in a pot or container shall not be allowed at any time to exceed a height of fourteen (14) feet above the ground surface of the Licensed Premises. Licensor shall have the right, but no form of obligation, to inspect the Licensed Premises to determine if Licensee is in compliance with all terms, conditions and provisions of this License. 7. Environmental. (a) Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be placed upon, under, transported across, or stored upon the Licensed Premises, which restricts, impairs, interferes with, or hinders the use of the Licensed Premises by Licensor or the exercise by Licensor of any of its rights thereto. (b) After the Effective Date, Licensee may perform a Phase I and/or Phase II environmental site assessment as per ASTM criteria to investigate the existing environmental condition of the Licensed Premises that is the subject of this License. The performance or the failure to perform an environmental site assessment does not relieve the Licensee from compliance with any other provision of this section of this License. Licensee shall maintain copies of any local, state or federal permits, licenses or other authorizations required for any and all of its activities on the Licensed Premises and present copies of such permits, licenses or other authorizations to Licensor and to any local, state and federal governmental agency official that requests to see the same. (c) Licensee shall not create or contribute to any Environmental Contamination, Unauthorized or Unpermitted Wetland Impacts, Unpermitted Groundwater Wells, Illegal Use of Ground or Surface Waters or any Other Environmental Impacts (individually and collectively referred to as “Environmental Conditions”) as a result of its use of the Licensed Premises. (1) Environmental Contamination is defined as any spilling or discharge of any chemical constituent by the Licensee to the environment that results in any pollution, sheen or contamination of the groundwater, surface water, soil, or any other environmental media, on or from the Licensed Premises, above the federal, state or local regulatory levels; including: (i) for groundwater: Chapters 62-777, Table I, 62-520, or 62-550 of the Florida Administrative Code (“FAC”); (ii) for surface waters: Chapters 62-777, Table I, or 62-302 of the FAC; and (iii) for soils: Chapters 62-777, FAC, Table II; or above natural background levels. (2) Wetland Impacts are defined as activities impacting areas defined as “wetland” under the following: (i) federal law (for example, Section 404 of the Clean Water Act); (ii) federal rules (for example, current approved Army Corps of Engineers (“ACOE”) Delineation Manual); (iii) federal guidance; (iv) state law (for example,