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1 ' <br /> APPLICANT-INSTALLED FACILITIES AGREEMENT FOR UNDERGROUND <br /> CONVERSIONS (WR#4982016) <br /> This Agreement,made and entered into this day of , 20 , by and between <br /> CITY OF SUNNY ISLES BEACH (the"Applicant"), a Florida municipal corporation or county <br /> with an address of 18070 Collins Avenue, Sunny Isles Beach, FL 33160 and FLORIDA <br /> POWER&.LIGHT COMPANY ("FPL"), a Florida corporation organized under the laws of the <br /> State of Florida, with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach,FL <br /> 33408-0429. <br /> WITNESSETH: <br /> WHEREAS, the Applicant has executed the appropriate underground facilities conversion <br /> agreement ("Conversion Agreement") with FPL to convert certain overhead electric distribution <br /> facilities (collectively the "Existing Overhead Facilities") to underground distribution facilities <br /> (collectively the "Underground Facilities"), as described in the aforementioned Conversion <br /> Agreement(hereinafter the"Conversion"); <br /> WHEREAS, the Applicant desires to perform itself, or through its Contractors, certain Work as <br /> such term is described in Exhibit A associated with the Conversion; <br /> WHEREAS, FPL is willing, subject to all the terms and conditions set forth below in this <br /> Agreement, to allow the Applicant to perform the Work based on Applicant's assurance that such <br /> Work will be in accordance with FPL's designs, instructions, standards and specifications, and <br /> such Work will not adversely impact FPL or its electric customers; <br /> NOW, THEREFORE, in recognition of the foregoing premises, and in consideration of the <br /> covenants and promises set forth herein below,FPL and Applicant do hereby agree as follows: <br /> 1. Compliance with Tariff. Applicant shall comply with and abide by the requirements,terms, <br /> and conditions of this Agreement, the Conversion Agreement, and FPL's electric tariff(the <br /> "Tariff'). <br /> 2. Conditions for Work to be Performed. Applicant shall, at its own cost and expense, <br /> perform or cause to be performed, all Work, as described in Exhibit A, in accordance with <br /> the terms and conditions of this Agreement and the standards and specifications shown in <br /> Exhibit B. The Applicant shall provide all survey and staking to ensure that all Underground <br /> Facilities are installed as shown in the Conversion Agreement and provide As-Built prints to <br /> FPL within two (2) weeks of installation, signed and certified by a Florida registered <br /> surveyor along with a FPL"Redline"document. <br /> 3. Commencement of Work. Applicant shall perform the Work, or any portion of the Work, <br /> only upon receipt of a notice to proceed containing the approved drawings, specifications and <br /> instructions from FPL ("Notice to Proceed"). After receipt of the Notice to Proceed, <br /> Applicant shall provide written notice of intent to commence work to FPL at least five (5) <br /> days prior to commencement of such Work. Applicant shall not perform any excavation <br /> Page 1 of 6 (Rev. 10/23/06) <br />