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WR # 4570239
<br /> FPL 03
<br /> UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
<br /> This Agreement, made this 19th day of Februarv20 131 by and between INDIAN RIVER COUNTY BOCC (hereinafter called the Customer)
<br /> and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the 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
<br /> known as SOUTH
<br /> COUNTY PARK MULTIPURPOSE FIELDS
<br /> located in VERO BEACH - INDIAN RIVER COUNTY , Florida.
<br /> (Cit /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 $4, 500.71 (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 -0- shall be provided to the Customer for trenching, backfilling, installation of Company provided
<br />conduit and other
<br /> work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment
<br /> shall
<br /> be $4, 500.71 .
<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
<br /> in
<br /> the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does
<br /> not include the cost of conversion of any existing overhead lines to underground or the relocation of any
<br /> existing 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) underground
<br /> electrical service with facilities located on private property in easements as required by FPL. The
<br /> contribution 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
<br /> or 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 /> subordination 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) FPUs easement has not been recorded prior
<br /> 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
<br />structures on the
<br /> Customer's construction site, as required by FPL.
<br /> c) Should for any reason, except for the sole error of FPL, FPUs facilities not be constructed within the easement, FPL may 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 1 )
<br /> 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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