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2000-337N
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2000-337N
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Last modified
8/16/2024 10:19:08 AM
Creation date
8/16/2024 10:18:43 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/07/2000
Control Number
2000-337N
Agenda Item Number
11.G.6.
Entity Name
Florida Power & Light
Subject
Agreement Facilities Relocation 58th Ave from 8th Street to South
Oslo Road (Widening & Four Lanes)
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maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially <br />altered without at least thirty (30) days written notice to FPL. <br />The Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry <br />form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon <br />reasonable request. <br />7.6 Contractor indemnification. The Applicant further agrees to include the following indemnification in all contracts <br />between the Applicant and its general contractors who perform or are responsible for construction or maintenance <br />work on or around the subject FPL Facilities: <br />'Tile Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its <br />parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, <br />liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bodily injuries or <br />death to person(s) or damage to property resulting in connection with the performance of the described work by <br />Contractor, its subcontractor.. agents or employees. This indemnification shall extend up to but shall not exceed <br />the sum of $1,000.000.00 for bodily injury or death of person(s) or property damage combined single limit and <br />$3.000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of <br />these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. <br />Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in <br />addition to the aforesaid limitation of liability for injury, death and property damage" <br />7.7 Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the <br />above indemnity and further agrees to verify wtli its contractors that such insurance is in full force and effect. The <br />Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of <br />Applicant's contractors as specified in section 7.6 above, prior to the commencement of the Relocation of FPL <br />Facilities by FPL. <br />7.8 Modification or Termination of Agreement. This Agreement may be modified, amended, or terminated at any time by <br />written agreement of the Parties authorized and executed with the same formality as this Agreement. FPL's <br />Underground Facilities Distribution Conversion Agreement, if attached hereto, is approved by the Flonda Public <br />Service Commission and may not be modified or amended by the Parties. <br />7.9 Effect of Headings. The headings set forth herein are for convenience only and shall not be deemed to modify or <br />affect the rights and obligations of the Parties to this Agreement. <br />7.10 FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the extent necessary to eliminate <br />Conflicts with the Applicant's construction in accordance with the terms and conditions of this Agreement. The <br />Applicant shall make all necessary arrangements and agreements with any person or entity which has facilities <br />attached to the FPL poles for the Relocation of those facilities at no expense to FPL. <br />7.11 Delegation of Power and Duties and Notice. The following persons are designated as the authorized representatives <br />of the Parties for the purposes of this Agreement and all notices or other communications to either Party by the other <br />shall be made in writing and addressed as follows! <br />To the Applicant: Terry Thompson. Capital Projects Manager <br />(Name and Tidal <br />Indian River County <br />1840 25th Street <br />Vero Beach, FL. 32960 <br />WIh Copies to <br />For FPL_ Bill Hesler, Dsbn Dsnr <br />(Na" and Thiel <br />FLORIDA POWER & LIGHT COMPANY <br />1050 S. E. Brandon Circle <br />Port St tucie, FL. 34952 <br />page 5 of & Governmern%l Fac lhims Reiocai�an Agreernem trey 2ra,001 <br />
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