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3I ( WR # 2715424 FILL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this day of 2008, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISIONERS (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as SPOONBILL MARSH - BRINE MITIGATION PROJECT located in VERO BEACH - INDIAN RIVER COUNTY , Ronda. (City/County) That for and in consideration of the covenants and agreements herein set forth , the parties hereto covenant and agree as follows: 1 . The Customer shall pay FPL a Contribution in Aid of Construction of $52.345.50 (the Contribution) to cover the differential cost between an underground and an overhead system. This is based on the currently effective tariff fled with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $12,820. 30 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit A, if applicable, and approved by FPL. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customers plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 277/480 volt, THREE phase (1201240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above-grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPUs Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching , installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customers property, on which FPL will install its facilities, is mortgaged and (1 ) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description , and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customers construction site, as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1 ) the Customers property on which FPL will install its facilities is mortgaged , 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property.