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FPS.. UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT Work Request # 526272 This Agreement, made this day of , 20 , by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (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 INDIAN RIVER COUNTY JOINT USE FACILITY located in VERO BEACH/INDIAN RIVER COUNTY , Florida . 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 $651 . 00 (the Contribution ) to cover the differential cost between an underground and an overhead system . This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is broken down as follows SEE ATTACHED TARIFF WORKSHEET. 2. That a credit of $246.40 shall be provided to the Customer for trenching , backfilling and the installation of Company provided conduit, 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 Customer's 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 277/480V volt, THREE phase ( 120/240 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 installed by FPL 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 FPL's 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 by FPL 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 subordination's required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained , at no cost to FPL, prior to FPL's trenching , installation and/or construction of its facilities . FPL may require mortgage subordination's when the Customer's 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 Customer's 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 subordination's to cover FPL's installed facilities, and FPL will release the existing easement. Mortgage subordination 's will be necessary in this context when 1 ) the Customer's 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. 1 of 2