M Underground Transmission Agrm
UNDERGROUND ELECTRIC TRANSMISSION
FACILITIES AGREEMENT
TillS AGREEMENT, made and entered into this day of 1998, by and
between the City of Miami Beach (hereinafter the "City") and Florida Power & Light
Company, a Florida corporation, with its principal of business in Dade and Palm Beach
Counties, Florida (hereinafter "FPL").
WHEREAS, FPL has proposed to construct an overhead electric transmission line
between the 40th Street and Venetian Substations, and the City made a request that the
electric transmission line be installed underground; and
WHEREAS, FPL will incur costs in the underground installation, which costs
would not have occurred but for the City's request; and
WHEREAS, the CITY has agreed to pay for the additional costs incurred by FPL
to install an electric transmission line underground;
NOW THEREFORE, in consideration of the mutual promises of the City and FPL
and other good and valuable consideration, the Parties agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions. For the purposes of this Agreement the following terms,
whether used in the singular or plural, shall have the meanings set forth below when used
with initial capitalization:
1.1.1 Contribution-In-Aid-Of-Construction (CIAC). The CIAC to be paid by
the City under this section shall be determined according to the following formula:
CIAC=UG-OR
Where UG is the estimated cost to install the FPL
Transmission Line underground and OR is the estimated
cost to install the FPL Transmission Line overhead.
1.1.2 FPL's Transmission Line. FPL transmission line shall be that portion of
FPL's electric transmission line running between the 40TH Street Substation and Venetian
Substation which is to be installed underground and appurtenant equipment.
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ARTICLE 11
SCOPE OF WORK
FPL agrees to install the FPL Transmission Line underground in the City of Miami
Beach. The City agrees to pay FPL for the CIAC as defined in Section 1.1.1 hereof
ARTICLE ITI
RIGHT-OF-WAY (EASEMENT)
3.1 Easements and Permits. As a condition precedent for the underground
installation of the FPL Transmission Line, FPL shall obtain all easements
and all federal, state or local permits which may be necessary for such
installation. The City agrees that it will assist FPL, upon FPL's request, in
FPL's processing of the necessary remaining permits required for the
construction of this FPL Transmission from the State of Florida, Miami-
Dade County and other permitting authorities.
The City shall grant to FPL an easement under the terms described in
Section 26 of City Resolution No.
3.2 Location. The location of the aforesaid underground portion of the FPL
Transmission Line is shown on the attached map as generally set forth in Exhibit A,
attached hereto.
ARTICLE IV
COST ESTIMATES. CREDITS AND BILLING
4.1 Full Cost. The City shall pay FPL the full CIAC.
4.2 CIAC Estimates. The estimated CIAC to install the FPL Transmission
Line underground is $ 3.986.059.00.
The City understands and agrees that the CIAC is an estimate only. The City
shall be responsible for the CIAC, provided however, the cost to the City of the CIAC
shall not exceed the estimate, except as provided below.
4.3 Scope of Work Changes: Re-estimates.
4.3.1 The City shall be responsible for fifty percent (50%) of any
increased cost due to unknown or unforeseen physical conditions at the site which
differ materially from those originally projected.
4.3.2 Pre-construction. If the construction of the underground
installation of the FPL Transmission Line has not commenced and if the scope of
work (underground installation) has been changed, the estimate is invalid and a
new estimate is required. FPL shall provide a re-estimate of the work prior to
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commencement of the underground installation by FPL and the City may elect to
pay the re-estimate cost.
4.3.3 After Start Of Construction. If after the start Of Construction, the
City requests a change in the scope of work (underground installation) of the FPL
Transmission Line and, in the sole discretion of FPL, FPL determines to make
that change, and such change causes the CIAC of the project to change, the City
shall be responsible for any such increase in cost and the City shall be credited for
any such decrease in cost.
4.4 Billing and Payment. With respect to the CIAC amount shown in Section 4.2 of
the Agreement, the City shall make payments to FPL according to the terms of a
Promissory Note executed between the City and FPL.
In order to facilitate the restoration of the landscaping and irrigation systems on the
Bayshore Golf Course impacted by FPL' s activities associated with the installation and
construction of the underground transmission line along the proposed route, FPL will
provide additional financing to the City in the amount of $333,778.00. This financed
amount for the restoration shall be included in the total CIAC to be paid to FPL by the
City pursuant to the terms of the Promissory note executed between FPL and the City.
At the City's request $6,000.00 has also been included in the total CIAC to be paid to
FPL in order to cover the bond counsel fees.
ARTICLE V
FORCE MAJEURE
5.1 Force Maieure. Neither FPL nor the City shall be liable or responsible for any
delay in the performance of, or the ability to perform, any duty or obligation required by
this Agreement in the event of a force majeure occurrence. The obligation to pay money
in a timely manner is absolute and shall not be subject to the force majeure provisions.
Force majeure, as used herein, shall include but is not limited to acts of civil or military
authority (including courts or administrative agencies), acts of God, war, riot, or
insurrection, inability to obtain required permits or licenses, blockades, embargoes,
sabotage, epidemics, fires, unusually severe floods or either strikes, lockouts or other
labor disputes or difficulties. .
5.2 Force Maieure Notice. In the event of any delay or non-performance caused by a
force majeure occurrence, the Party affected shall promptly notify the other in writing of
the nature, cause, date of commencement thereof, and the anticipated extent of such
delay, and shall indicate whether it is anticipated that the completion dates would be
affected thereby.
ARTICLE VI
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NOTICE
6.0 Notice. All notices to either Party by the other shall be made in writing and
addressed as follows:
To the City of Miami Beach:
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
With Copies to:
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
To FPL:
Barbara Jaindl
Florida Power & Light Company
Post Office Box 14000
Juno Beach, Florida 33408-0420
With Copies to:
Manny 1. Rodriguez
Florida Power & Light Company
Post Office Box 029100
Miami, FL 33102-9100
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ARTICLE vn
COMPLETE AGREEMENT
7.0 Complete Agreement. This agreement signed by the authorized representative of
both Parties constitutes the final written expression of all the terms between the Parties
and is a complete and exclusive statement of those terms and no amendment or
modification or waiver of any provision hereof shall be effective unless set forth in
writing authorized and executed by authorized representatives of the Parties.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
by their duly authorized officer or representatives effective as of the date first above
written.
CITY OF MIAMI BEACH
FLORIDA POWER & LIGHT
By:
flk
By:
Niesen Kasdin, Mayor
Antonio Rodriguez
Vice-President
Power Delivery
Post Office Box 14000
Juno Beach, FL 33408-0420
Attest:
~d fCU(k
Robert Parcher, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
$~ t20 -y?
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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