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FACILITIES RELOCATION AGREEMENT C'' (Government Entity) (P 3 THIS AGREEMENT made and entered into this -- day of October 00 by and between thy' ca© 3 Indian River Countv , hereinafter called the Applicant, and FLORIDA POWER a LIGHT COMPANY, a Florida corporation with its principal place of business in Dade and Palm Beach Counties, Florida, hereinafter called FPL. WITNESSETH: WHEREAS the Applicant intends to construct _-- the widening and four lanning and general improvements of 58th Ave from ath St. to South of Oslo Rd, and will require the relocation of certain incompatible and conflicting portions of FPUs Facilities and equipment. and WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have occurred but for the Applicant's construction, NOW THEREFORE. in consideration of the mutual promises of the Applicant and FPL and other good and valuable consideration, the Parties agree that FPL shall Rearrange the FPL Facilities and the Applicant shall reimburse FPL for the actual cost of such Relocation as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set forth below when used with initial capitalization: 1.1 Betterment is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's construction, over the service capacity of the FPL Facilities prior to Relocation and any upgrading of a Replacement FPL Facility above FPL's current minimum standard practices, as specified in Article III of this Agreement, that normally would be used on projects financed solely by FPL. Betterment does not include: (a) any increase in service capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the Replacement FPL Facilities: (b) any increase in service capacity resulting solely from the replacement of devices or materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed. or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility requested by the Applicant. (d) any upgrading of a Replacement FPL Facility required by any agency responsible for regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the Applicant's construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any upgrading that will result in a reduction in the overall project cost. 1.2 Conversion is the replacement of existing overhead facilities with underground fadltes. 1.3 Credit Ratios the credit given to the Applicant in the form of a percentage derived by dividing the sum of the Betterment and the Non -Reimbursable Work Credit by the Total cost of the Relocation: Credit Ratio = Dollar Amount of Betterment + Non- Reimb ursable Work Credit Total Cost of Relocation - The Land and Land Right Cost 1 d Date Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate was hand -delivered or transmitted by facsimile. or if mailed, five days from the date of postmark. 15 FPL's FaciFty or_Facifties shall be. but shall not be limited to, any structure consisting of manholes, conduits, poles. wires, cables, substations, system protection equipment or other appurtenances, and associated equipment, and used by FPL in connection wrath the transmission andlor distribution of electric power. 16 Relocation andlor Relocate includes the terms "rearrange or rearrangement" and * the work performed by FPL under this Agreement and any activity made necessary by Applicant's construction which conflicts with or affects FPL, its Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall not be limited to, permanent or temporary support, protection, relocation, rearrangement design, redesign, abandonment or reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers which is a result of a conflict. 1 7 Re laced ment FPL Facili is any facility which will tae constructed under the terms of this Agreement as a consequence of Relocation of an FPL Facility or portion thereof. I a Salvage is the credit to the Applicant for the reusable materials recovered or removed by FPL less the Salvage Adjustment Credit page 1 of 6 Governmental Facihtmes Relocation Agreerrtenr taev 21&10 )