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Home My WebLink AboutAgreement_General_09/10/1998 OCT 26 '98 05 :31PM JONES FOSTER JOHNSTON & STUBBS P.2i3 !4 , Work Order No. 1883 - 07-454 Project Name: Village of Tequesta Water Treatment Plant UNDERGROUND COMMERCIAL DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made (his 10 day of September 1998 by and between Village of Tequesta (hereinafter called the Customer) and Florida Power.& Light Corn )any, 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 commercial distribution facilities to be installed on Customer's property known as 901 North Old Dixie Hwy located in Tequesta I Palm Beach , Fiorida. (City /County) That for and in consideraticn 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 $ nla (the Contribution) to cover the differential cost between an underground and a 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: Customer to trench, install 5" pvc and backfill. . 2. That a credit of $ n/a shall be provided to the Customer for trenching, back filling and the installation of Company provided conduit, if applicable and approved by FPL. 3. The Contribution and credit are subject to adjustment when PPL'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 Customers change in the Customer's plan., 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 facilitie:; to serve the property identified above. 4. That the Contributior provides for 277 / 480 volt, 3 phase electrical service with facilities located on private property in easements as required by FPL. The Contribution is for underground distribution secondary and primary conductors of standard FPL design with cable in conduits and above -grade appurtenances_ It is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. 5. That the payment of :he 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 ownershi � 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 sufti;ient 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, at no cost to FPL, prior to FPL's trenching, installation and /or construction of its facilities. FPL may require mortgage subordinations when the Customer's N.J perty, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the rortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the me rtgage, (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 stall 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 Customers construction site, as required by FPL. c) Should for any re anon, except for the sole error of FPL. FPL's facilities not be constructed within the easement, FPL may require the Customer to (,lrant new easements and obtain any necessary mortgage subordinations to cover FPUs installed facilities, 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. 7. Before FPL can begi-i 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, Page 1 of 2 Form 604011 (Non-Stocked) 9195 F OCT 26 '98 05.31PM JONES FOSTER JOHNSTON & STUBBS P.3i3 b) A construction schedule, c) An estimate of when electric service will be,required, and d) Copies of the (;ustomer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by F'L. Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and cortifred as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor_ 8_ Prior to FPL constrL ction 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 ihal conflict with construction, including the drainage of all flooded areas. FPL shall not be responsible for clearing, compacting or stump removal. b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground czble trench route in the easement and additional reference points when required by FPL Also, the Customer shall provide stzikes 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 if any of these stakes are lost, destroy ed 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 saic relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontracto•s 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. d) Provide sufficient and timely advance notice (_30 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 coo'dination, 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 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, backfrlling and installation of Company provided conduit in accordance with FPL specifications. 9. FPL shall: a) Provide the Cu!;tomer with a plan showing the location of all FPL underground facilities, point of delivery, and transrormer locations and sr ecifications required by FPL and to be adhered to by the Customer. b) install, own, anc 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 2 estimate of the date when service may be provided. 10. This Agreement is �ubjeot 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, ameided or supplemented. 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 rec:ipt of a certificate of occupancy. Accepted: Accepted: 11 /�/ �?�„ Q (f _r/ ,� �7 � • /�G ar l� l0 �Z or L (Date) Customer (Date) Page 2 of 2 rMeS ate � - ess (ate)