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4b <br />i <br />C> <br />ARTICLE 11- IDENTIFICATION OF CONFLICTS, CONVERSIONS <br />2.1 Kno m Corfficts. The Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities <br />more padiaAarly described and located on property described in Exhibit A attached hereto and incorporated herein. <br />2.2 Ottw Conflicts. The identification of any other conflicting facilities of FPL requiring Relocation shall be undertaken by <br />FPL pursuant to a subsequent written agreement between FPL and the Applicant. <br />2.3 Distribution Conversion. It an Applicant has requested a conversion of distribution facilities as part of a Relocation of <br />Facilities, me FPL Distribution Facilities Conversion Agreement which is approved by the Florida Public Service <br />Commission shall be attached hereto and incorporated herein. The Indemnity and Insurance provisions of this <br />Agreement shall apply to all Distribution Conversions which are part of a Relocation. In addition, all other terms and <br />conditions of this Agreement which are not expressly modified by the Addendum attached hereto shall remain in full <br />force and effect. If there is a direct conflict between this Agreement and the attached Addendum, then the <br />Underground Distribution Conversion Tariff and the Underground Disiribulion Conversion Agreement shall prevail as <br />to that specific term or condition. <br />Underground Distribution Facilities Conve,s on Agreement is attached hereto and incorporated herein. <br />__ Tnrs Project does not involve a conversion of electric distribution facilities. <br />ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FACILITIES <br />3.1 Design Standards. Engineering design standards and material specified shall meet FPL's Current Design Standards. <br />In addition the design of Relocations will be in conformity with all laws and regulations. <br />3,2 Construction Standards. Materials and construction procedures shall meet FPL's Current Construction Standards. In <br />addition, Relocations or Replacement Facilities will be accomplished in conformance with all laws, codes and <br />regulations. <br />ARTICLE IV - REPLACEMENT RIGHT-OF-WAY <br />4:0 Replacement Right -of -Way. The Applicant shall provide FPL with replacement rights-of-way in one of the following <br />manners: <br />(a) The Applicant shall reimburse FPL for costs associated with the identification and acquisition of <br />replacement rights-of-way, including, but not limited to. FPL's attorney fees for costs in prosecuting or in <br />connection with any condemnation actions for the acquisition of necessary rights-of-way. <br />_X_ (b) The Applicant shall convey or grant to FPL replacement rights-of-way sufficient to permit FPL to <br />accomplish Relocations of the FPL Facilities and to operate and maintain the Replacement Facilities in <br />accordance with FPL's customary practices. Such conveyances or grants of replacement rights-of-way <br />shall be accomplished at no cost to FPL and in a form and substance satisfactory to FPL. <br />4.1 Location of Replacement Right -of -Way. The Location of the aforesaid replacement rights-of-way are generally set <br />forth in Exttwbit B attached hereto. <br />ARTICLE V -COST ESTIMATES, CREDITS AND BILLING <br />5.1 Full Cost. The Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities. The work to be performed <br />by FPL will be in accordance with the construction drawings attached hereto as Exhibit B. <br />5 2 Cost Estimwe The Applicant shall be responsible for the total cost of the project. The estimated cost to Relocate the <br />FPL Facilities is (a) or (b) below: <br />a. Relocation: $_WB,569_ This cost estimate is set out in detail In Exhibit C attached hereto. or <br />b. Relocation Conversion <br />Relocation. $ WA (Exhibit Q <br />Distribution Conversion: + $ N/A (Addendum) <br />Total Project Cost Estimate: <br />$ NfA <br />The Applicant understands and agrees that the amount set forth in Exhibit C is an estimate only. The Applicant shall be <br />responsible for the total cost of the project. The cost for the Relocation portion shall not exceed 110% of a valid Relocation <br />cost estimate. except as provided herein. <br />page 2 of 6 Governmental Facdt�es Reiewt:on Agfesrneni (rev 2.9;00) <br />