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<br />FACILITIES RELOCATION AGREEMENT
<br />(Government Entity)
<br />THIS AGREEMENT made and entered into this day o1 , 2coo by and between
<br />Indian River County , hereinafter called the Applicant, and FLORIDA POWER & LIGHT COMPANY, a Florida
<br />corporation with Its principal place of 'business in Dade and Palm Beach Counties, Florida, hereinafter called FPL.
<br />WITNESSETH:
<br />WHEREAS the Applicant intends to construct a bridge over the Lateral "B" Canal and widen 12 Street at 69' Ave and will
<br />require the relocation of certain incompatible and conflicting portions of FPL's Facilities and equipment, and
<br />WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have
<br />occurred but for the Applicants construction,
<br />NOW THEREFORE, in consideration of the mutual promises of the Applicant and FPL and other good and valuable
<br />consideration, the Parties agree that FPL shall rearrange the FPL Facilities and the Applicant shall reimburse FPL for the
<br />actual cost of such Relocation as follows.
<br />ARTICLE I - DEFINITIONS
<br />For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set
<br />forth below when used with initial capitalization:
<br />1.1 pajLenneJ is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's
<br />construction, over the service capacity of the FPL Facilities prior to Relocation and any upgrading of a Replacement
<br />FPL Facility above FPL's current minimum standard practices, as specified In Article III of this Agreement, that
<br />normally would be used on projects financed solely by FPL. Betterment does not Include: (a) any increase in service
<br />capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the
<br />Replacement FPL Facilities; (b) any increase in service capacity resulting solely from the replacement of devices or
<br />materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed,
<br />or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility
<br />requested by the Applicant, (d) any upgrading of a Replacement FPL Facility required by any agency responsible for
<br />regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the
<br />Applicant's construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any
<br />upgrading that will result in a reduction in the overall project cost.
<br />1.2 Conyersic is the replacement of existing overhead facilities with underground facilities.
<br />1.3 graoljB Jo is the credit given to the Applicant in the form of a percentage derived by dividing the sum of the
<br />Betterment and the Non -Reimbursable Work Credit by the Total cost of the Relocation:
<br />Credit Ratio D Ilar Amount of Betterment + Nan- aimbablq Work
<br />Credit
<br />Total Cost of Relocation - The Land and Land Right Cost
<br />1.4 fate Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate
<br />was hand -delivered or transmitted by facsimile, or it mailed, five days lrom the date of postmark,
<br />1.5FPL's Facili or Facifilies shall be, but shall not be limited to, any structure consisting of manholes, conduits, poles,
<br />wires, cables, substations, system protection equipment or other appurtenances, and associated equipment, and
<br />used by FPL In connection with the transmission and/or distribution of electric power.
<br />1.6 Relocation and/or Relocate includes 1ha terms"rearrange or rearrangement" and is the work performed by FPL under
<br />this Agreement and any activity made necessary by Applicant's construction which conflicts with or affects FPL, its
<br />Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall riot be
<br />limited to, permanent or temporary support, protection, relocation, rearrangemant, design, redesign, abandonment or
<br />reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers
<br />which is a result of a conflict.
<br />1.7 Replacement FPL Facili is any facility which will be constructed under the terms of this Agreement as a
<br />consequence of Ralocation of a FPL Facility or portion thereof.
<br />is Salvage Is the credit to the Applicant for the reusable materials recovered or removed by FPL less the Salvage
<br />Adjustment Credit.
<br />ARTICLE II - IDENTIFICATION OF CONFLICTS CONVERSIONS
<br />2.1 Known Coniticts. The Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities
<br />more particularty described and located on property described in Exhibit A allachad hereto and incorporated herein.
<br />Page 1 of 6 Governmental Faclllttas nolocationAgreemeni (rev. 7JelUUi
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