Reso 2006-959 - Laserfiche WebLink

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UNDERGROUND FACILITIES CONVERSION AGREEMENT This Agreement, made and entered into this 24 day of February, 2006, by and between 40 CONSTRUCTION, LLC (hereinafter called the Applicant) and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida (hereinafter called FPL) is for the provision of underground electric distribution facilities by FPL in place of existing overhead electric distribution facilities pursuant to the Applicant's request for such facilities. In consideration of the premises, covenants and agreements set forth herein, FPL and the Applicant agree as follows: 1. The Applicant shall pay FPL a Contribution in Aid Of Construction (CIAC) in the amount of $142.962.00. In tho ovont the 3ctu31 co!;:t of tho projoct contr3cted for horoin, oxceed!;: tho CIAC identified 3bove, the /\pplic3nt Sh311 P3Y 3n 3ddition31 contribution oquaJ-..te..-tRe-le!;:ser of tho difference beNieen tho 3ctu31 co!;:t of the project 3nd the CIAC iGeAtif.iod 3bc1vo, or 10% of tho CIAC idontified 3bove. 2. Pursuant to this agreement, the Applicant agrees to comply with and abide by the requirements, terms, and conditions of FPL's Electric Tariff as those requirements, terms, and conditions are set forth in said Tariff. 3. Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff, FPL will proceed in a timely manner with the conversion of the existing overhead distribution facilities to an underground configuration in accordance with the construction drawings and specifications set forth in Attachment A hereof. 4. In the event that the underground facilities to be installed, as specified in Attachment A, are part of, or are for the purposes of, relocation, then this Agreement shall be an addendum to the relocation agreement between FPL and the Applicant. In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall control. 5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this agreement or FPL's Electric Tariff shall result in termination of this agreement. The Applicant may terminate this agreement at any time prior to the start of construction and the CIAC paid by the Applicant will be refunded to the Applicant, provided however, that the refund of the CIAC shall be offset by any costs incurred by FPL in performing under the agreement up to the date of termination. 6. This agreement is not assignable. IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of electric underground distribution facilities to be effective as of the date first above written. APPLICANT /f .." Signed j~~~ L...:----- --, FPL Signed ~~. / ~ e....' /y~ / ~10"'./. ..........""';\. ,,'V ~t: Name e7?~;( /1. il1ffc!/( Name If ('/1-"'-(' f- IWI (, c: {'.I C c., !-In : 'If r:: L' I I . v.' t.-- 1._,- Title t/ It: C F~/(~ J /1/ F)/',/) , Title Pr!).J (.( T' I.l\ i:'^J'''~r'tr : <,' t"::') '..' .j