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Reso 2009-1416
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Reso 2009-1416
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Last modified
7/1/2010 9:42:55 AM
Creation date
5/29/2009 11:02:27 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1416
Date (mm/dd/yyyy)
05/21/2009
Description
Report on Easement Agmts w/FPL for Undergrounding Conversions
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<br />FLORIDA POWER & LIGHT COMPANY <br /> <br />Fifth Revised Sheet No, 9.726 <br />Cancels Fourth Revised Sheet No, 9.726 <br /> <br />(Continued from Sheet No. 9.725) <br /> <br />IV. When the aggregate size of the first 3 phases of a project would satisfy the minimum size criteria but, <br />for mutually-agreed engineering or logistical reasons, those phases are non-contiguous; provided that <br />(a) the next (4th) phase must be adjacent to one or more of the first 3 phases such that the combined <br />contiguous area meets the minimum size criteria, and (b) this 4th phase begins within I year from <br />completion of the 3rd phase. <br /> <br />2. Contribution-in-Aid-of-Construction (CIAC), The Local Government Applicant shall pay FPL a CIAC as <br />required by FPL's Electric Tariff and Section 25-6.115 of the Florida Administrative Code with the OtheIWise <br />Applicable CIAC amount reduced by the GAF Waiver. <br />i. OtheIWise Applicable CIAC $ ~58,903 <br />ii. GAF Waiver $_112,753 <br />ill. CIAC Due $ 146.150 (Cost. nerforms work) <br /> <br />In the event the actual cost of the Conversion exceeds the estimate, the OtheIWise Applicable CIAC shall be <br />adjusted by the lesser of (a) the difference between the actual cost of the Conversion and the estimate, or (b) 10% <br />of the Otherwise Applicable CIAC identified above. The GAF Waiver shall also be adjusted accordingly and the <br />Local Government Applicant shall pay FPL the resulting difference in the amount of the CIAC Due. <br /> <br />3. Applicant-Installed Facilities. The Local Government Applicant may, upon entering into an applicant- <br />installed facilities agreement satisfactory to FPL, construct and install all or a portion of the Underground <br />Facilities. Such work must meet FPL's construction standards and FPL will own and maintain the completed <br />facilities. The Local Government Applicant agrees to rectify any deficiencies, found by FPL, prior to the <br />connection of any customers to the Underground Facilities and the removal of the Existing Overhead Facilities. <br /> <br />4. Compliance with Tariff. The Local Government Applicant agrees to comply with and abide by the requirements, <br />terms, and conditions ofFPL's Electric Tariff. <br /> <br />5. Timing of Conversion, Upon compliance by the Local Government Applicant with the requirements, terms, and <br />conditions of FPL's Electric Tariff, this Agreement and any other applicable agreements, FPL will proceed in a <br />timely manner with the Conversion in accordance with the construction drawings and specifications set forth in <br />Attachment A hereof. <br /> <br />6. Relocation. In the event that the Underground Facilities are part of, or are for the purposes of, relocation, then this <br />Agreement shall be an addendum to the relocation agreement between FPL and the Local Government Applicant. <br />In the event of any conflict between the relocation agreement and this Agreement or the Electric Tariff, this <br />Agreement and the Electric Tariff shall control. <br /> <br />7. Term. This Agreement shall remain in effect for as long as FPL or any successor or assign owns or operates the <br />Underground Facilities. <br /> <br />8. GAF Waiver Repayment. If the Local Government Applicant does not satisfy the relevant eligibility criteria, the <br />Local Government Applicant shall repay the GAF Waiver within 30 days of written notice from FPL of such <br />failure. Additionally, if at any point within 30 years of completion of the Underground Facilities installation, the <br />Local Government Applicant elects to have electric service within the Conversion Area supplied by a provider <br />other than FPL, the Local Government Applicant shall repay FPL a pro-rata share of the GAF Waiver. The pro- <br />rata share (which shall reflect partial years) shall be determined as follows: <br /> <br />GAF Waiver * [(30 - years since the Underground Facilities completion date) / 30] <br /> <br />(Continued on Sheet No. 9.727) <br /> <br />Issued by: S. E. Romig, Director, Rates and Tariffs <br />Effective: April 4, 2006 <br />
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