|
FACILITIES RELOCATION AGREEMENT
<br />(FPL — TRANSMISSION)
<br />(GOVERNMENTAL ENTITY)
<br />THIS FACILITIES RELOCATION AGREEMENT ("Agreement") is made and entered into this 29 day of
<br />March , 2023, by and between Indian River County, a political subdivision of the State of Florida
<br />("Applicant"), with an address at , and FLORIDA POWER& LIGHT COMPANY, a
<br />Florida corporation ("FPL"), with its principal placeofbusiness at700Universe Boulevard, Juno Beach, Florida 33408.
<br />Applicantand FPL are sometimes hereinafter individually referred to as a "Party" and collectively as the "Parties."
<br />WITNESSETH:
<br />WHEREAS, Applicant intends to construct and widen 66t'Avenueand other appurtenant facilities located in Indian
<br />River County, Florida, which will require the relocation of certain incompatible and conflicting portions of FPL's facilities and
<br />equipment; and
<br />WHEREAS, FPL will incurcosts and expenses in the relocationof such FPL facilities and equipment thatwo u Id not
<br />have occurred but for Applicant's construction; and
<br />WHEREAS, FPL would not have agreed to such relocation butfor re ceipt of this Agreement.
<br />NOW THEREFORE, in consideration of the mutual promises of Applicantand FPL, and other good and valuable
<br />consideration, the receipt of sufficiency of which is hereby acknowledged by the Parties, the Parties agree that FPL sh a 11
<br />relocate the FPL facilities and equipment and Applicant shall reimburse FPL for the actual cost of such relocation as
<br />follows:
<br />ARTICLE 1 —DEFINITIONS
<br />For the purposes of this Agreementthe following terms, whether used in the singular or plural, shallhave the meanings set
<br />forth below when usedwith capitalization:
<br />1.1 Date Cost Estimate Received means the daythatthe costestimate was hand -delivered ortransmitted byf acsim ile,
<br />or if mailed, five (5) days from the date of postmark
<br />1.2 FPL Facilities means, butshall notbe limitedto, any structure consistingof manholes, conduits, poles,wires, cables,
<br />substations, system protection equipmentor other appurtenances, and associated equipment, and used by FPL 1n
<br />connectionwith the transmission and/or distribution of electricpower.
<br />1.3 Relocation and/or Relocate means the work performed by FPL under this Agreement and any activity made
<br />necessary byApplicant's construction which conflicts with oraffects FPL, any FPL Facilities, orservice, including any
<br />work associated with the Transmission Line Clearance. Relocation shall include, but shall not be limited to,
<br />permanent or temporary support, protection, relocation, rearrangement, design, redesign, abandonment or
<br />reconstructionof the FPL Facilities and all otherworkrequiredto provide continuity of service to FPL's customers
<br />which is a resultof a conflict.
<br />1.4 Rer)lacementFPL Facilities means any FPL Facilities whichwillbe constructed underthe terms of this Agreementas
<br />a consequence of Relocation of any FPL Facilities or portion thereof.
<br />1.5 Transco isslon Line Clearance (FPL Facilities de-energization) means a de-energization of FPL Facilitiesfollowing a
<br />review performed by an FPL system operatorto ensure the FPL Facilities de-energization does not compromise
<br />FPL's powersystem reliability.
<br />ARTICLE II -IDENTIFICATION OF CONFLICTS
<br />2.1 Known Conflicts. Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities located
<br />on the real property depicted on ExhibitA attached hereto and incorporated herein by this reference ("Property").
<br />Applicant understands that this Agreement is solely for the relocation of FPL Facilities. Itis the Applicant's
<br />responsibility to contact the owner(s) of any facilities co -located on FPL's Facilities (such as telephone, cable
<br />and wireless/cell phone providers), and to negotiate, and paythe costof, the relocation of such third -party
<br />facilities. Applicant understands that FPL's work under this Agreement cannot proceed until such third -party
<br />negotiations have been completed. Applicant shall provide FPL with written documentation from each such
<br />third -party provider reflecting the date upon which such third -party facilities will be relocated.
<br />Page 1of7
<br />
|