2018-280 - Laserfiche WebLink

Home Browse Search

A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK responsibility to pursue reimbursement directly with the Other User. FPL will not be responsible for notification, monitoring, billing or collection of reimbursement for any New Attachments or modifications made to poles where Licensee paid Make -Ready Work costs. 4.2 Attachment Fees. (a) Annual Attachment Fee. Licensee will be charged an annual attachment fee, payable in semi-annual installments in advance, beginning on January 1, 2024. Subject to annual adjustment as set forth in Section 4.2(b) below, the annual Attachment fee of $16.93 per distribution pole per year, $104.06 per transmission pole with under - built distribution per year and $208.12 for OPGW attachments per transmission structure per year, such rate being effective on January 1, 2024. The annual rate shall apply to all Attachments existing as of the effective date of that rate, regardless of the date of Attachment. Upon confirmation of the Existing Attachments, Licensee and FPL shall update Exhibit D attached hereto to detail such Existing Attachments. (b) Fee Adjustment. On the first day of January of each calendar year starting in 2024 that this Agreement is in effect, the annual fee shall be adjusted in accordance with the most current pole cost data compiled by FPL. FPL shall bill semi-annually in advance for the semi-annual installments of the annual fee. The payment of the Attachment fee hereunder shall include such pro rata amount as may be due for the increased Attachments or change in use to FPL poles since the previous billing date. An Attachment or change in use of an Attachment to any FPL pole without notification of Attachment or change in use or FPL's authorization shall be deemed to have been made on the Effective Date or the date of the last survey, whichever is later. FPL's acceptance of payment for unauthorized Attachment shall not constitute a waiver of any other rights or remedies under this Agreement or at law. Payment shall be made within forty-five (45) days of the date of invoice and under the terms and conditions provided in Section 4.7. (c) Essential Service Attachments. Licensee shall not pay an Attachment fee for those Attachments exclusively dedicated for the operation and maintenance of traffic signals or essential community services such as emergency communications. Licensee is obligated to notify FPL promptly, and report the number of Attachments impacted, if any applicable portion of the System is used for any other purpose. The number of Attachments dedicated for the operation and maintenance of traffic signals or essential community services shall be set forth on Exhibit D when updated by Licensee and FPL after the Effective Date. (d) Unauthorized Attachments. A New Attachment to an FPL pole without notification of New Attachment or FPL's authorization (each, an "Unauthorized Attachment") shall be deemed to have been made on the Effective Date or the date of the last survey, whichever is later. If the Unauthorized Attachment is identified by survey, the "last survey" shall mean the survey immediately prior to the survey which identified the Unauthorized Attachment. FPL's acceptance of payment for Unauthorized Attachments shall not constitute a waiver of any other rights or remedies under this Agreement or at law. Any Unauthorized Attachment to a transmission pole without distribution underbuilt shall be immediately removed by FPL at the sole cost of Licensee and with no liability or consequences therefore accruing to FPL. Confidential 10 Linear Facilities Attachment Agreement 116402702.1