FEMA s authorized debris removal was limited to that particular instance Irma and does not apply to any future Federal Declared Disaster.

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1 OFFICE OF THE MAYOR Diane Veltri Bendekovic, Mayor ADMINISTRATION Horace A. McHugh Chief Administrative Officer CITY COUNCIL Lynn Stoner President Mark Hyatt President Pro Tem Jerry Fadgen Ron Jacobs Peter S. Tingom May 25, 2018 Dear Homeowner Association President/Contact, As you are aware, in the event of a hurricane, the does not normally use City staff, resources or City contractors to provide storm debris removal on private roads or gated communities. However, after Hurricane Irma during the 2017 hurricane season, the City of Plantation received authorization from FEMA that allowed City forces and/or City-hired contractors to assist in storm debris removal services on private roads and roadways in gated communities that serve residential areas. FEMA s authorized debris removal was limited to that particular instance Irma and does not apply to any future Federal Declared Disaster. However, should the City be hit with another significant storm event or hurricane, and in the event that FEMA authorizes the City to assist with storm debris removal on private streets and roadways, the City will require that an Agreement be executed. The Agreement is intended to address the following: It will provide the City and its contractors with access to the private rights-of-way for this specific purpose (in case other legal documents which may have been executed previously are insufficient for this specific purpose); It will indemnify and hold the City and its debris removal contractors harmless from any bodily injury or property damage that is caused by the removal operations (any damage to the pavement, ground area, irrigation lines, private water and sewer lines, etc. will not be repaired by the City or its contractors but will be your community s responsibility); It will clarify that any remaining debris not removed after the City or its contractors make a pass through your area will not be the responsibility of the City or its contractors to remove (the equipment used for this purpose is large and heavy and never picks up all the debris); Finally, it will release the City from any liability if the City does not perform the removal (it is possible that FEMA s position may change, that there are areas in your community which may not be safely accessible by the large equipment, or that the clean-up by the City in the disaster zone in which your community is situated is complete prior to your community returning the Agreement to the City).

2 To facilitate the process, and expedite debris removal actions, we are requesting that your homeowner s association/condominium provide the City with a signed Debris Removal Agreement now, prior to a storm or hurricane s approach. Citywide, a debris removal process could potentially take several weeks, and will be accomplished by a schedule as developed by the City and its contractors. Private communities will not receive preferential treatment in the removal process. As a reminder, private communities may not receive storm debris removal assistance from the City if not authorized by FEMA. If your community would like to be included in this process, please sign and return the enclosed Debris Removal Agreement to the attention of: Plantation, FL If your community would NOT like to be included in this process, please sign and return the enclosed Opt Out of the Debris Removal from Private Streets form which is enclosed and return it to the attention of: Plantation, FL If you have any questions, or need further information, please call at Sincerely, Horace A. McHugh Chief Administrative Officer HAM/pp cc: Mayor Diane Veltri Bendekovic, Executive Office Assistant

3 Debris Removal Agreement This Agreement is between ( Owner ) and the City of Plantation ( City ) for hurricane debris removal within, (name of residential community) for the purpose of clearing paved and roadway swale areas of the following private roadway areas (the Premises ): [Identify street, avenue, court, terrace, etc. segments] 1. Grant of Right-of-Entry Owner hereby grants City a right-of-entry over the Premises for the purpose of removing and clearing Hurricane or storm generated debris from the Premises, subject to the terms and conditions set forth in this Agreement. It is fully understood that this Agreement does not create any obligation on the City to perform debris clearance. Owner acknowledges that debris removal is subject to the approval of the Chief Administrative Officer and is contingent upon FEMA authorizing the City or its contractors to perform such work. Owner understands that the City will undertake no cleanup action until this Debris Removal Agreement is signed and returned. 2. Cost Reimbursement It is possible that homeowner associations or condominium associations have insurance coverage to pay for a portion of the costs of removal of Hurricane or storm generated debris within the Premises. City will continue to use reasonable efforts to obtain FEMA reimbursement and will then apply any monies obtained by Owner from Owner s insurance coverage. If the Owner has submitted an insurance claim for debris removal, Owner must provide a copy of the insurance policy, proof/statement of loss and settlement agreement from Owner s insurance company to City. If Owner has received payment, or when Owner receives payment for debris removal from Owner s insurance company, or any other source, Owner shall notify and send such payment and proof/statement of loss to City within thirty (30) days. Owner understands that all disaster related funding, including that for debris removal from private property, is subject to public audit, and agrees to keep it books and records in a suitable condition for such purposes. Owner (does, does not ) have insurance that covers this loss. If Owner indicates that Owner does not have such insurance; Owner certifies under penalty of perjury that there was no insurance in effect at the time of the hurricane, which provided coverage for the debris removal. Owner (has, has not ) and (will, will not ) receive(d) any compensation for debris removal from any other source including Small Business Administration (SBA), Nation Resource Conservation Service (NRCS), private insurance, individual and family grant program or any other public assistance program. Owner will advise City in writing within ten (10) days of receipt of any insurance settlements for debris removal that has been performed at government expense. Owner further agrees to pay such amounts to the City within thirty (30) days of City s written request therefore. 3. Liability Matters In consideration of the disaster assistance the City is providing to Owner, Owner agrees that City assumes no liability or responsibility. To the extent permitted by law, Owner indemnifies for claims made against, and shall not seek to recover from, the City, the United State Government, the

4 Federal Emergency Management Agency (FEMA), the State of Florida, or any of their officers, agencies, agents, contractors, subcontractors, employees and volunteers, for the costs of any repair or remediation of damage to the Premises due to actions taken pursuant to this Agreement. Owner further agrees that City shall not be liable to perform or fully perform the debris removal contemplated by this Agreement. The City shall not be liable for, and Owner shall indemnify and hold harmless, the City, the United States Government, the Federal Emergency Management Agency (FEMA), the State of Florida, and any of their officers, agencies, agents, contractors, subcontractors, employees and volunteers (hereinafter collectively referred to as Indemnified Parties ) from, any and all claims, demands, liability, judgments, awards, losses, damages, expenses, charges or costs of any kind or character (including but not limited to all fees and charges of experts, attorneys, and other professionals, and all Court or other prosecution, defense, and dispute resolution costs including appeals), which are associated with or recoverable by any person or legal entity as a result of any alleged personal injury, bodily injury, or property damage which arises out of, relates to, or pertains to actions of the Indemnified Parties in connection with this Agreement (hereinafter collectively, the Claims ). Additionally, Owner does hereby irrevocably and unconditionally release and discharge the Indemnified Parties from the Claims. Further, the Owner agrees to never institute any action or any suit at law or in equity against the Indemnified Parties, nor institute, or prosecute or in any way aid in the institution or prosecution of any of the Claims. City is a state agency or political subdivision as defined in Chapter , Florida Statutes, and agrees to be fully responsible for acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by the City or State registered homeowners association to be sued by third parties in any matter arising out of this Agreement or any other contract. 4. City Contractors Any person, firm or corporation authorized to work upon the Premises by the City shall be deemed to be City s contractor and shall be subject to all applicable terms hereof. 5. Authority Owner represents and warrants that it has full power and authority to execute and fully perform its obligations under this Agreement pursuant to its governing instruments, without the need for any further action, and that the person(s) executing this Agreement on behalf of Owner are the duly designated agents of Owner and are authorized to do so. 6. Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 7. Modification The provisions of this Agreement may not be modified, except by a written instrument signed by both parties.

5 8. Partial Invalidity If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 9. Successors & Assigns This Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. 10. Governing Law and Venue The laws of the State of Florida shall govern the validity, construction and effect of this Agreement. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Broward County, Florida. IN WITNESS WHEREOF, Owner and City have executed this Agreement effective as of. CITY:, a Florida municipal Corporation OWNER: Print Name of Association By: By: Signature Print name: Title: Phone#1: Cell phone#: address:

6 Please supply the following insurance information: Insurance Company: Policy #: Agent Name: Agent Phone#: Special instructions (i.e., gates, locks, major cross streets and special directions contractors will need for site access): Mailing address for Association Do you have a management company: No: Yes (if yes, list below) Name of Management Company Address: Contact Person: Phone Number: Please return signed form to: Plantation, FL 33317

7 HOME OWNERS ASSOCIATION AGREEMENT TO OPT OUT OF THE DEBRIS REMOVAL FROM PRIVATE STREETS AS PROVIDED IN CITY OF PLANTATION ORDINANCE NO The (Name of HOA) requests that the, or any of the City s sub-contractors, will not enter private streets owned by the (Name of HOA) to remove storm debris. The consent to this agreement not to have storm debris removed from private streets will continue unless a written request to withdraw from this agreement is submitted to the City. The City will not reinstate an HOA unless the written request is received at least 90 days prior to any debris removal activity. Signature: Name: Title: Date: Please return signed form to: Plantation, FL 333