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2010-194.B
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2010-194.B
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Last modified
2/23/2016 3:45:47 PM
Creation date
10/1/2015 2:23:20 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
08/17/2010
Control Number
2010-194.B
Agenda Item Number
12.J.1.
Entity Name
Florida Power & Light
Subject
Underground Distribution Facilities Installation
Area
North County RO Water Treatment Plant Well
Supplemental fields
SmeadsoftID
9755
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A TRUE COPY � . �. . <br /> I <br /> CERTIFICATION ON LAST PAGE r WR 3892146 <br /> J . K . BARTON , CLERK <br /> FPL <br /> UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT <br /> This Agreement, made this 17th day of August 20 1O by and between INDIAN RIVER COUNTY BOARD OF COUNTY <br /> COMMISIONERS ( hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the <br /> laws of the State of Florida ( hereinafter called FPL) . <br /> WITNESSETH : <br /> Whereas , the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as <br />INDIAN RIVER <br /> NORTH WATER TREATMENT PLANT - WELL 47 located in VERO BEACH - INDIAN RIVER COUNTY , Florida . <br /> ( City/County) <br /> That for and in consideration of the covenants and agreements herein set forth , the parties hereto covenant and agree as follows: <br /> 1 . The Customer shall pay FPL a Contribution in Aid of Construction of $2 , 862 . 11 (the total Contribution ) to cover the <br /> differential cost <br /> between an underground and an overhead system . This is based on the currently effective tariff filed with the Florida Public <br />Service <br /> Commission by FPL and is more particularly described on Exhibit A attached hereto. <br /> 2 . That a credit of $2 , 626 . 64 shall be provided to the Customer for trenching , backfilling , installation of Company provided <br /> conduit and <br /> other work, as shown on Exhibit B , if applicable, and approved by FPL. If such credit applies , the resulting Contribution cash <br />payment <br /> shall be $235 .47 . <br /> 3 . The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission <br /> and the <br /> Customer has requested FPL to delay FPL's scheduled date of installation . Any additional costs caused by a Customer's change in <br /> the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution <br /> does <br /> not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing <br /> overhead or <br /> underground facilities to serve the property identified above . <br /> 4 . That the Contribution provides for 277/480V volt, THREE phase ( 120/240 volt, single phase for URD Subdivisions ) <br /> underground <br /> electrical service with facilities located on private property in easements as required by FPL. The contribution <br /> is based on <br /> employment of rapid production techniques and cooperation to eliminate conflicts with other utilities . Underground service , secondary , <br /> and primary conductors are to be of standard FPL design , in conduit, and with above-grade appurtenances . <br /> 5 . That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. <br /> If the property is subject to an underground ordinance , FPL shall notify the appropriate governmental agency <br /> that satisfactory <br /> arrangements have been made with the Customer as specified by FPL. <br /> Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. <br /> 6 . That good and sufficient easements , including legal descriptions and survey work to produce such easements <br />, and mortgage <br /> subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or <br /> obtained , <br /> and recorded , at no cost to FPL , prior to trenching , installation and/or construction of FPL facilities . FPL may <br /> require mortgage <br /> subordinations when the Customer' s property , on which FPL will install its facilities , is mortgaged and ( 1 ) there are <br /> no provisions in <br /> the mortgage that the lien of the mortgage will be subordinate to utility easements , (2 ) FPL's easement has not been recorded <br /> prior to <br /> the recordation of the mortgage , ( 3) FPL's facilities are or will be used to serve other parcels of property , or (4) <br /> other circumstances <br /> exist which FPL determines would make such a subordination necessary . <br /> a ) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description , and <br /> exact <br /> name of the legal owner to be used when an easement is prepared , as required by FPL. <br /> b) The Customer shall furnish drawings , satisfactory to FPL, showing the location of existing and proposed structures <br /> on the <br /> Customer's construction site , as required by FPL. <br /> c) Should for any reason , except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may <br /> require <br /> the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities , at no <br /> cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when <br /> 1 ) the <br /> Customer' s property on which FPL will install its facilities is mortgaged , 2 ) there are no provisions <br /> in the mortgage for <br /> subordination of the lien of the mortgage to utility easements , or 3 ) FPL's facilities are or will be used to serve <br /> other parcels of <br /> property. <br />
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