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Fifth Revised Sheet No.9.725 <br /> FLORIDA POWER&LIGHT COMPANY Cancels Fourth Revised Sheet No.9.725 <br /> UNDERGROUND FACILITIES CONVERSION AGREEMENT— <br /> GOVERNMENTAL ADJUSTMENT FACTOR WAIVER <br /> • <br /> This Agreement, which is available to customers that sign the Agreement on or before October 30,2009,is made and <br /> entered into this_day of , 2Q, by and between CITY OF SUNNY ISLES BEACH ("Local Government <br /> Applicant"), a Florida municipal corporation or county with an address of 18070 Collins Avenue, Sunny Isles Beach, <br /> Florida 33160 and FLORIDA POWER&LIGHT COMPANY ("FPL"), a Florida corporation with an address of P.O. Box <br /> 14000,700 Universe Boulevard,Juno Beach,FL 33408-0429. <br /> WHEREAS, the I teal Government Applicant has requested that FPL convert certain overhead electric distribution facilities <br /> located within the following boundaries (the "Conversion"): Along Atlantic Isle in Sunny Isles Beath, FL (see attached <br /> drawings, WR # 30854481 (collectively, the "Existing Overhead Facilities") to underground facilities, including <br /> transformers, switch cabinets and other appurtenant facilities installed above ground at set forth in Attachment A hereof <br /> (collectively,the"Underground Facilities"). <br /> NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and <br /> other consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby <br /> covenant and agree as follows: <br /> 1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government <br /> Applicant represents and warrants that it meets the following eligibility criteria for the Conversion: <br /> a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical <br /> continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately <br /> 200 detached dwelling units within contiguous or closely proximate geographic areas (the "Conversion <br /> Area"). The Conversion may be completed in mutually agreed upon phases, with the project size <br /> minimums applying to the aggregate project—provided that any necessary subsequent phase begins within <br /> a 1 year period from completion of the prior phase and the minimums are met within, at most, 3 phases; <br /> and <br /> b. The J oral Government Applicant must require all customers within the Conversion Area who currently <br /> have overhead service directly from the Existing Overhead Facilities to convert their service entrances to <br /> underground within 6 months of completion of the Underground Facilities installation or each phase <br /> thereof; and <br /> c. The I trill Government Applicant must be willing and able to execute a right of way("ROW') agreement <br /> with FPL if the I ncal Government Applicant requests that facilities be placed in the ROW;and <br /> d. For any affected laterals, the complete lateral must be converted, including all stages of any multistage <br /> lateral; and <br /> e. There are no state or federal funds available to the Local Government Applicant to cover any portion of the <br /> cost of the Conversion. <br /> Special Circumstances. Conversions which do not men the project size minimums described in section 1.a are <br /> eligible for the GAF Waiver in the following special circumstances: <br /> i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate <br /> limits are to be converted,but are less than the pole line mileage or dwelling unit minimums; or <br /> i. A single lateral that serves at least one Critical Infrastructure Facility as determined by the <br /> appropriate local agency with the mutual agreement of FPL;or <br /> iii. An island or peninsula where 100%of the Existing Overhead Facilities are to be converted;or <br /> (Continued on Sheet No. 9.726) <br /> Exhibit "A" <br /> Issued by: S.E.Romig,Director,Rates and Tariffs <br /> Effective: May 4,2007 <br />