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FPL Underground Distribution Facilities Installation Agreement WR 4 5618445 R719 FPI„ Form 360 Rev. 1/09/12 UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this 1 day of , 2017, by and between Collier Cognty (hereinafter called the Customer)and FLORIDA POWER & LIGHT COMPANY, a co ration organized and existing under the laws of the State of Florida (hereinafter called FPL). WI INESSETII I Whereas,the Customer has applied to FPI for underground distribution facilities to be installed on Customers property(mown as JlERI&located on 3901 Ave NE in . Collier,Florida. That for and in consideration of the covenants and agreements herein set forth,the parties hereto covenant and agree as follows. I. The Customer shall pay FPI.a Contribution in Aid of Construction of S27,645,60(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 FPI 2 That a credit of i0 shall be provided to the Customer for trenching.backfilling.installation of Company provided conduit and other work,as shown on Exhibit 13, if applicable,and approved by FPL If such credit applies,the resulting Contribution cash payment shall be SQ 1 The contribution anti credit are subject to adjustnrcnt when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPI 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 277/480 V,three phase(120/240 volt,single phase for tlRi)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 rue to be of standard FPI design,in conduit,and with above- grade appurtenances 5 That the payment of the Contribution does not waive any provisions of FPI'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 FPI. facilities. FPL may require mortgage subordinations when the Customer's property,on which FPL will install its facilities,is mortgaged and(I)there are no provisions in the mortgage that the hen 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 FPI.determines would make such a subordination necessary a) The Customer shall furnish FPI.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 FPI. b) 'Ile 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.FPI.may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities,at no cost to FPI,and FPL will release the existing casement. Mortgage subordinations will be necessary in this context when: I) the Customer's property on which FPL will install its facilities is mortgaged, 2) there arc no provisions in the mortgage for subordination of the lien of the mortgage to utility easements,or 3) FPI's facilities are or will be used to serve other parcels of property. 7. Before FPL can begin its engineering work on the underground electric distribution facilities,the Customer shall provide FPI.with the following a) Paving,grading,and drainage plans show ing all surface and sub-surface drainage satisfactory to FEL, 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 C) : WR P 5618445 R7I9 FPL It.l'rior to FPI.construction pursuant to this agreement,the Customer shall. a) Clear the FPI.easement on the Customer's property of tree stumps all trees,and other obstructions that conflict with construction,including the drainage of all flooded arcas 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 h) Provide property line and corner stakes,designated by a licensed surveyor,to establish a reference for locating the underground cable trench route in the casement and additional reference points when required by FPL Also,the Customer shall provide stakes identifying the location,depth,sae and type facility of all nom-FPI underground facilities within or near the easement where FPL distribution facilities will be installed The Customer shall maintain these stakes,and if any of these stakes are lost,destroyed or moved and FPL requires their use,the Customer shall replace the stakes at no cost to EPL unless the stakes are lost,destroyed nr moved by an agent,employee,contractor or subcontractor of FPL,in which case FPI.will pay the Customer the cost of replacing the stakes c) ft 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 FPL's 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. ill Provide sufficient and timely advance notice(.6 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 detemmned 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 borne 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 IPL specifications more particularly described on Exhibit 13 attached hereto.At the discretion of FPL,either correct any discrepancies,within two(2)working days,found in the installation that arc 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 wilt 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 FPt.underground facilities,point of delivery,and transformer locations and specifications required by FPL and to be adhered to by the Customer h) 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 end 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. Ibis 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 l'ublic Service Commission,as they arc now written,or as they may be revised,amended or supplemented II This agreement shall inure to the benefit of,and be binding upon,the successors and assigns of Customer and FPI. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in pro ing'-,• electric se ' of the Customer's receipt of a certificate of occupancy. / • A•'eine& Accepted: .!/L .440 __. Z(Zit $� . , (Date) aS�, W7' $ "'" _..1.(ily 7.2017 For FPL (Date) Witness i, �s tJ!` Witness (Date) .`GMT E SiI©C'C;i6Is)_,ic . Approved as to form and legality icy: � � Isles, - Ca Attest as to Chairman's;' - t o '°� signature only. Ass ant County •• t racy VJ' A M 4 . .. ��` ' P-