HomeMy WebLinkAbout2013-034 WR # 4570239
FPL 03
UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
This Agreement, made this 19th day of Februarv20 131 by and between INDIAN RIVER COUNTY BOCC (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 SOUTH
COUNTY PARK MULTIPURPOSE FIELDS
located in VERO BEACH - INDIAN RIVER COUNTY , Florida.
(Cit /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 $4, 500.71 (the total 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 more particularly described on Exhibit A attached hereto.
2. That a credit of -0- shall be provided to the Customer for trenching, backfilling, installation of Company provided
conduit and other
work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment
shall
be $4, 500.71 .
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 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 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
subordination 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) FPUs 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, FPUs 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
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.
WR # 4570239
7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following:
a) Paving, grading , and drainage plans showing all surface and sub-surface drainage satisfactory to FPL,
b) A construction schedule,
c) An estimate of when electric service will be required, and
d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by
FPL
plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting
the
requirements for recording (except approval by the governing body) by a registered land surveyor.
8. Prior to FPL construction pursuant to this agreement, the Customer shall:
a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction,
including
the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock
removal, stump
removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized.
b) Provide property line and comer stakes, designated by a licensed surveyor, to establish a reference for locating
the underground cable
trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying
the
location, depth, size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities
will be
installed. The Customer shall maintain these stakes, and . W any of these stakes are lost, destroyed or moved and FPL requires their
use, the
Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee,
contractor or
subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes.
c) it is further understood and agreed that subsequent relocation or repair of the FPL system, once installed , will be paid by the Customer
if said
relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors
from the.
time the underground facilities were installed; and, that subsequent repair to FPUs system, once installed, will be paid by the Customer
if said
repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors.
d) Provide sufficient and timely advance notice M days) as required by FPL, for FPL to install its underground distribution
facilities prior to the
installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination,
as
determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the
costs of
restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they
be installed
prior to FPL's facilities, shall be bome by FPL.
e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design,
administration and relocation
expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade.
f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more
particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two
(2) working days,
found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated
cost to
correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs
associated with lost
crew time due to such discrepancies.
g) Provide a meter enclosure, downpipe and ell which meet all applicable codes and FPL specifications and which will accommodate
FPL's
service cable size and design . 'these items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved
in
modifying or replacing items which do not meet the above criteria.
9. FPL shall:
a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery,
and transformer locations and
specifications required by FPL and to be adhered to by the Customer.
b) Install, own , and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted.
c) Request the Customer to participate in a pre-construction conference with the Customer's contractors, the FPL representatives and other
utilities
within six (6) weeks of the start of construction. At the pre-construction conference, FPL shall provide the Customer with an estimate of
the date
when service may be provided.
10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service
and the Rules of
the Florida Public Service Commission , as they are now written, or as they may be revised, amended or supplemented.
11 . This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL.
The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric
service at the time of the
Customer's receipt of a certificate of occupancy.
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