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WR# 6692595 <br />UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT <br />This Agreement, made thisli, day of 261 by and between INDIAN RIVER COUNTY BOCC (hereinafter called the <br />Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter <br />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 SOUTH <br />COUNTY RIO PLANT WELL#7 located in VERO BEACH - INDIAN RIVER COUTY <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 $3667.00 (the total Contribution) to cover the differential cost <br />between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public 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 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 shall <br />be $3,667.00. <br />3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission 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 does <br />not include the cost of conversion of any existing overhead lines to underground or the relocation of any 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 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 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, and mortgage <br />subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, <br />and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage <br />subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are 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 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) 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 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 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 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) the <br />Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions 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 other parcels of <br />property <br />