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UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
<br />This Agreement, made this 15 day of March, 2022 by and between Indian River County Solid Waste Disposal District (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 known as 1325 74 Ave SW
<br />located in Vero Beach/IRC, 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 $4,551.05 (the total Contribution) to cover the differential cost between an
<br />underground and an overhead system This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is
<br />more particularly described on Exhibit A attached hereto.
<br />2. That a credit of $2.222.00 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as
<br />shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $2,329.05.
<br />3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has
<br />requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted
<br />to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any
<br />existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above.
<br />4. That the Contribution provides for 277/480 volt, 3 phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with
<br />facilities located on private property in easements as required by FPL. The Contribution is based on employment of rapid production techniques and
<br />cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in
<br />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 arrangements have
<br />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 subordinations required
<br />by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to
<br />trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL
<br />will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility
<br />easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other
<br />parcels of property, or (4) other circumstances 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 name of the legal
<br />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 Customer's
<br />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 the Customer to
<br />grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, and FPL will release the existing
<br />easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is
<br />mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are
<br />or will be used to serve other parcels of property.
<br />7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following:
<br />a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL,
<br />b) A construction schedule,
<br />c) An estimate of when electric service will be required, and
<br />d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL.
<br />Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the
<br />requirements for recording (except approval by the governing body) by a registered land surveyor.
<br />8. Prior to FPL construction pursuant to this agreement, the Customer shall:
<br />a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the
<br />drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal,
<br />paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized.
<br />b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench
<br />route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location,
<br />depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be installed.
<br />The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer
<br />shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of
<br />FPL, in which case FPL will pay the Customer the cost of replacing the stakes.
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