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<br />equally between the City and the Franchisee. Franchisee estimates the cost <br />for opening its own trench to approximate $233,000. In the event the costs <br />shall be substantially different from this estimated amount, Franchisee shaH <br />promptly notify the City prior to COmmencement of the Work in order that <br />the City may evaluate same. The City shall use its best efforts to secure <br />FP&L's cooperation in this matter provided however, if FP&L excavates <br />the trench and charges back to the Franchisee a portion of its costs for its <br />excavation, permitting and restoration of the trench, Franchisee's <br />responsibility shall be limited to $116,500 with respect to Phase I. The <br />City will bear the balance of the costs involved. <br /> <br />c. It is agreed that the Phase I work shall be performed in conjunction with <br />the construction of the City's beach front park and, accordingly, if the trench <br />is to be opened by Franchisee, work must be completed within forty-five <br />(45) days from commencement and it is acknowledged by the Franchisee <br />that it is the goal of the City to have all Phase I Work completed by <br />September 1, 1999. If FP&L excavates the trench, Franchisee shall <br />complete its work no later than forty-five (45) days from the opening, <br />subject only to delays beyond Franchisee's control. If Franchisee must <br />excavate the trench, it shall do so within one hundred and twenty (120) <br />days, subject again only to delays beyond Franchisee's control. <br /> <br />d. Subject to the terms of subparagraphs a. and b. hereinabove, the City <br />shall initially pay for all direct costs of the Phase I Work, provided the <br />Franchisee shall reimburse the City for 50 % of those costs incurred, which <br />reimbursement shall be pro rated and paid by Franchisee over a twelve <br />month period beginning in the year 2000. <br /> <br />2. Additional Phases. The undergrounding of all cable wires shall be accomplished <br />in two additional phases. Phase II shall consist of the undergrounding of all cable <br />wires not yet undergrounded from theoretical 175[h Street to the northerly City <br />limits along ColIins A venue (hereinafter referred to as "Phase II Work"). Phase III <br />shall consist of the undergrounding of all cable wires between theoretical 160lh <br />Street, south to the southerly City limits (hereinafter referred to as "Phase III <br />Work"). <br /> <br />a. For all new construction projects for which the City has received an <br />contribution for utility undergrounding, through either a voluntary proffer <br />or as a result of the passage of Ordinance # 99-63, the City shall reimburse <br />Franchisee for the direct costs associated with Phase II and III Work. If, <br /> <br />-7- <br /> <br />Cable Franchise A&rrcmem <br /> <br />~ <br />