Loading...
HomeMy WebLinkAbout2002 - Airport Runway 4-22UNDERGROUND DIb-"rRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made t"~is 13th day of November, 2002, by and between The Cl~y Of Sebastian (hareinalter called the Customer) and FLORIDA POWER & LIGHT OOK4PANY. a corporation organized and existing under the laws of the State of FleXtie {bereinafler called FFL), WITNE$$ETH: Whereas, Re Customer has adD[led to F~L fc~ u ndergn3o~d distribution f'.~cfli~ee to be ir~s~lled on Customer'5 property kncwn as Sebeehan k:xTated in Indian River CDun[y, Florida. That io~ and ~n consideration of tf'~ covenants anc~ agreements herein set follfl, the pantie6 hereto covenant and agree as follows: 1. The Customer shall pay F~L e Contridut[on in Aid of Conatructim3 ~ $0 (the Contdbuaon) to cover toe diffemnti~ cost bstw~n an ande~lround end an ovmhead system. This is ~eeed on the cun'eotly effective tariff flied w~th the FIo~da Poblic Servlc~ Commission by FPL and is bml(e~ dow~ as tollows( UCD tanff far radial padmount tranSformer ) 2. That a credit of $0 shall be provided to tf~e Ccetemer fo' ~.ten0hlng, t3~ckfllling and the Jnataitation Df Company provtc~ed cot~ult, ii' apl~icable, and approved by FPL. 3. The ¢onttll3ution and Credi~ am su~Je¢~ to adjustment when FPL's tariff Is rav~ed by the Florida IP~l~lim .~ervins Commission a~l the Customer has requested FPL to delay FPL's scheduled da~e of installation. Any sddlf~:~nal costs caused b~' a Customers c~angs in the Customers pidns submitted to FF'L on whl0h ~e contdt3ufion was based shell be beio for by the Custe~r, The contrii3~dcn does not t~olu~le the cost of oonvet~ion of any exi~lr~ overhead lines to underground or t~e reioc, stton of any existing overt~eacl er undergn3und [ecllltle~ to serve the pmpe,-ty ident~ad above, 4. That the Contrli3.itiee provides fi3r 12G'240 volt, single phase (120~240 volt, single phees for URD Subeivisio~s) undergmuncl electncel service with facilities Iocsted on pdvsth p~berty in easements as t~:l~red by FPL. The cor~rib~tle~ is based on employment of rapid prod~-tion techniques &nd cooperaaon to elirr~nste contiit~s with other u~lWes, Underground service seconaery, and pdrnary cor~ucte~s Installed by FPL are fo be of standard FPL demg~, in conduit, and with a0ove-gmde 5, That the payment of the Co~ltdbution does not wslva any p¢ov~slons of FPL'$ Electric Tariff. Ii' the prope~/' is subjeot to an undergrow]d o~ll~ance, FPL shall notify the appropriate govemmenlal agency that arrangements have been made with the C ua~wler as el3eCi~cl ~3y FPL. T~le to and ownership of the faoBties Insto~lesl b~ FPL as e ~esult of this agreement 8hstl at ell times remair~ the ember~y of FPL. 6. That good and sufficient easements, including lager descriptions end survey work t~ p~educe such e~sernents, and mortgage subordineti0n's required by FPL ~o? the instaJlation and mailltena~ca of ~ electhc distribution facititias must be grar~d or o~tained, st no cost to FPL, prior to FPL'$ manchioa, inateltation an~/o~ construc~n o' ~ fa<~ilflas, FPL may teduim mortgage subor~ina0on'~ w~en the Customers property, on which FPL wifl hstall ~ fadll~es, is mertgagecl and (1) there am no provisions in the mortgage that the lisr~ of the mo-tgege will be subordinate to utility easements~ (2) FPL's ~emerlt has not been recordscl pilot te ~he recerclstlon of the mortgage. {;3) FPL's facilities em or will be used I.o seP/e other pamela of proper[y, or (4) other clrcumstancas exist which FPL dsterminas would make eu~h s suedrdinat~3o a) The Ccatemer ~hall furnish FPL ~ copy of th~ dasd er ~ther su~b~ d~o~nt~ which c~nta~ns e fu~ ~agai descnpik3~' end exact name of the legal owner tO be us~;J when an easement is pmi:~red, as required by FPL, b) The Customer shell furnish drawings, satisfactory to FPL, showlr~3 the iocatlon of ~iatlng and dro~osed structures oh the C~stomefs construction site, as requir~cl by FPL, o} Should f~r any reason, except fa' tho sole en~r of FPL. ~LIS tso~aes not ~ ~ ~i~ ~ ~eme~, FPL m~ ~uire the ~or ~ g~ n~ ~e~n~ a~ o~in any n~ ms.ge ~ln~nis to ~ver F~L's Ins~i~d ~l~S, e~ ~L ~11 1 of 2 17:54 5624896224 ST LUCZE SVC O~-R PA6E 84 ? Before FF'L can begin it~ ~n~ginee~ng work on ~e unCefground ele~ ~i~lfil~t~on f~iiti~s, ~r~ Customer ~hall i~ovide FPL with t~e t~l~ing: a) Paving, grading, and drainage plan~ sno~ng all surface and sul3~ucface drainage saflsf'act~ry to FPL, F~ FPL 2~f2