6/29/2016 12:18:32 PM
9/30/2015 11:33:24 PM
Official Document Type
Agenda Item Number
Florida Power & Light
Underground Distribution Facilities Installation
West Regional Wastewater Treatment Facility
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7r <br /> WR # 2861173 / <br /> FPL <br /> UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT <br /> This Agreement, made this 1 8th day of Dec . , 2007, by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISIONERS <br /> (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of <br /> Florida (hereinafter called FPL). <br /> WITNESSETH: <br /> Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customers property known as INDIAN RIVER <br /> COUNTY WEST WASTE WATER TREATMENT PLANT EXPANSION located in VERO BEACH - INDIAN RIVER COUNTY , Florida. <br /> (City/County) <br /> That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: <br /> 1 . The Customer shall pay FPL a Contribution in Aid of Construction of $7,593.56 (the Contribution) to cover the differential cost between <br /> an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service <br /> Commission by FPL and is more particularly described on Exhibit A attached hereto. <br /> 2. That a credit of $2,490.25 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and <br /> other work, as shown on Exhibit A, if applicable, and approved by FPL. <br /> 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the <br /> Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in <br /> the Customers plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does <br /> not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or <br /> underground facilities to serve the property identified above. <br /> 4. That the Contribution provides for 277/480 volt, THREE phase ( 120/240 volt, single phase for URD Subdivisions) underground <br /> electrical service with facilities located on private property in easements as required by FPL. The contribution is based on <br /> employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, <br /> and primary conductors are to be of standard FPL design, in conduit, and with above-grade appurtenances. <br /> 5. That the payment of the Contribution does not waive any provisions of FPUs Electric Tariff. <br /> If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory <br /> arrangements have been made with the Customer as specified by FPL. <br /> Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. <br /> 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage <br /> subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, <br /> and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage <br /> subordinations when the Customers property, on which FPL will install its facilities, is mortgaged and ( 1 ) there are no provisions in <br /> the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPUs easement has not been recorded prior to <br /> the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances <br /> exist which FPL determines would make such a subordination necessary. <br /> a) The Customer shall furnish FPL a copy of the deed or other suitable document, which contains a full legal description, and exact <br /> name of the legal owner to be used when an easement is prepared, as required by FPL. <br /> b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the <br /> Customers construction site, as required by FPL. <br /> c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require <br /> the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no <br /> cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1 ) the <br /> Customers property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for <br /> 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 <br /> property. <br />
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