HomeMy WebLinkAbout2019 - FPL Underground Facilities AgreementUNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT
This Agreement, made fins 12 day of August, 2019 by and between City of Sebastian (hereinafter called the Customer) and Florida Power 8 Light Company,
a corporation organized and writing under Ne laws of the Stale of Florida (hereinafter called FPL).
WITNESSETH:
Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customer's properly known as 160 Ahead Or E
located in Vero Beach, Florida.
(CitylGwnty)
That for and in consideration of the covenants and agreements herein set forth, the panics hereto covenant and agree as follows'.
1. The Customer shall pay FPL a Contribution in Aid of Construction of $36,759.T3 (the total Contribution) to cover the differential cast between an
underground and an overhead system This is based on the currently effective thri f film With the Florida Public Service Commission by FPL and Is
mare particularly described on Exhibit A attached hereto.
2. That a credit of O shall be provided b Me Customer for tmnching, backfilling, installation of Company provided conduit and other work, as shown
an Exhibit B. if applicable, and approved! by FPL If such credit applies, Ne resulting Contribution cash payment shall be $36.75V .
3. The contributon add credit are subject to adjustment when FPL's tariff is revised by Ne Florida Public Service Commission and Bre Customer has
requested FPL to delay FPCs schedul ed date of installation. Any additional costs caused by a Customers change in the Customer's plans submitted
to FPL on whits the contribution was basest shall be paid far by the Customer. The contribution does not include the cost of conversion of any
existing overhead lines to underyround or Ne relocation of any existing overhead or underground facilities to serve the property identified above.
4. That the Contribution provides for 1201240 volt, 1 phase (120240 volt, single phase for URD Subdivisions) underground electrical service with
facilities located on private property in easements as required by FPL. The Contribution Is basest on employment of rapid Overdosed tachniquea and
confederation to eliminate conflicts Wits other util'Nes. Underground service, secondary, and primary conductors are to a of standard FPL design, in
conduit, and with above -grade appurtenances.
5. That Ne Payment of the Contribution does not waive any provisions of FPL's Second Tariff.
If the property U subject to an underground ordinance, FPL shall early the apprgpnate governmental agency Nat satisfactory arrangements have
been made with the Customer as specified by FPL.
This to and ovmerelep of We fadlifies installed as a result of this agreement shall at all times remain the properly of FPL.
6. That goad antl suffrUere easements, Including legal descriptions and survey mi to produce such easements, and mortgage subordination required
by FPL for the installation ad maintenance of its elecbk distribution facilities must ba greatest or obtained, and recorded, at no cost d FPL, prior to
scroll fraddlation andlo construction of FPL facilities. FPL may require mortgage subordination when the Customers property, an which FPL
Wit install its facilities, la mortgaged atm (1) there are rico provisions in the mortgage that Ne lien of the mortgage will be subordinate to utility
easements. (2) FPL's easement has rot been recorded prior to Na readation of the mortgage, (3) FPL's facilities are or Wit be used to serve other
parcels of property, an (4) other circumstances, exist which FPL determines would make such a subordination necessary.
a) The Customer shall famish FPL a body, of the steed or other suiteble document which contains a full legal description and exact name d the Iagal
oxmer to be used when an easement is prepared, as required by FPL.
b) The Customer shall famish drewings, satisfactory to FPL, showing Bre location of existing and proposed structures on the Customers
conduction site. as required by FPL
c) Should fix any reason, except M the cost, error of FPL FPL's facilities not be cenbuaetl Witilin Ne easement. FPL may require We Customer to
grant naw easements and obtain any neressary mortgage suboriffinuations to cover FPL's installed facilities, antl FPL Will release Me existing
easement. Mortgage subon ination afil be necessary in this context when 1) the Customers property on which FPL will Install he facilities Is
mortgaged, 2) there are no provisions in the mortgage far subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities am
or will be used to serve other parcels of property.
T. Before FPL can begin its eigincering wade on the underground electric distribufla tecilities, the Customer "it provide FPL with the follovnrg:
a) Paving, grading, and drainage plans MoMng all surface and subsurface drainage satisfactory d FPL
b) A construction schedule.
C) An estimate of when embil service will be required, and
d) Chase of Ne Customers final censtruchan plans as well as other construction Warnings (plot, site, sevrage, electrical, etc) requested by FPL.
Plate amended by Ne Customer must be other recorded by W arab clerk or other mcartling officer or prepared and certified as meeting the
mqumandools far recoding (except approval by the governing body) by a registeretl land surveyor.
8. Prior to FPL bonbuctim pursuant to tis agreement. We Customer shall:
a) Clear We FPL easement on are Customers property of tree stumps, all trees. and other obstr ctions Was deal 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 atm addressing other special conditions. The easement shall be graded to whin six inches of final grade With soil stabilized.
b) Provide property line and comer amiss, designated by a licensed surveyor, to establish a mference for locating the urdeground cable trench
mute in the easement and additional reference points when required by FPL. Also. W Customer shall provide stakes identifying the location,
depth, size add type facility of all non -FPL underground facilities Within or near the easement where FPL distribution faUllBes will be Installed.
The Customer shall maintain these stakes, and if any of these stakes are Io d. destroyed o moved and FPL requires their use. We Customer
shall replace Ne stakes at no cost to FPL, unless the stokes am last. destroyed or moved by an agent, employee, contractor or widdam actor of
FPL, in whitlt rase FPL will pay the Customer We an d replacing W stakes.
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C) It is further understood and agreed that subsequent relocation or repair of Me FPL system, once installed, will be paid by the Customer If said
relocation or repair Is a result of a change in Me grading by the Customer or any of Me Customers contractors or subcontractors from the time
Me underground facilities were Installed; and, that subsequent repair to FPL's system, once Installed, will be paid by Me Customer If said repair is
a result of damage caused by the Customer or any of the Customers contractors or subcontractors.
d) Provide sufficient and timely advance notice L days) as required by FPL, for FPL to install fix uMergmmM distribution faagifies prior to No
installation of paving, landscaping, sodding, sprinkler systems, or other surface obsbuctiooa. In Me absence of suffcleml coon irow, as
determined by FPL, by Me Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and we of the costs of
restoring pavirig, landscaping, grass, spender systems and all other surface obstructions to Meir original condition, should they be installed poor
W FPL's facilities, shall be bores by FPL.
e) Pay for all atldtional costs incurred by FPL which may induce, but are tot Ilmced to, engineering design, administration and relocation expenses,
due b changes made subsequent to this agreement on Me subdivision or development layout or grade.
ff Provide applicable benching, backfilling, installation of Company pmvged cendu t antl other work in accordance with FPL specifications more
particularly described on Exhibit B attached hereto. At the disore0on of FPL, otter correct any discrepancies. Within Ma (2) vaut days, found
in the installation that ate inconsistent with the instructions and specifications attached M this agreement or pay the associated cost to correct Me
InstallaUm within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for casts associated with lost crew time due to
such discrepancies.
9. FPL shall:
a) Provide Me Customer Win a plan showing Me 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 distdbutton facilities up d the designated point of delivery except wren otherwise noted.
c) Request the Customer to participate In a pre-consWdion conference vvM the Customers contractors, Me FPL representatives and other utilities
Within six (6) weeks of the start of construction. At Me pre construction conference, FPL shall provide the Customer with an estimate of the dale
Men service may be provided.
10. This Agreement is subject to FPL's Electric Tariff, including but not limited to Me 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 Me benefit of, and be binding upon, Me successors and assigns of Me Customer and FPL.
The Customer and FPL will coordinate closely in Iotlling obligations in order to avoid delays in providing permanent electric service at Me tlme of Me
Customers receipt of a certificate of occupancy.
Accepted; Accepted:
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