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HomeMy Public PortalAboutUnderground Distribution Facilities Installation Agreement - FPLUNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT This Agreement, made this 19 day of SEPTEMBER, 2022 by and between CITY OF CRESTVIEW(hereinafter called the Customer) and Florida Power & Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas, the Customer has applied to FPL for underground distribution facilities to be installed on Customers property known as 2807.2809.2811 Suzy Q Ln located in Crestview, Florida. (City/County) That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construction of $13,745.00 (the total Contribution) to cover the differential cost between an underground and an overhead system This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $0.00 shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, if applicable, and approved by FPL. If such credit applies, the resulting Contribution cash payment shall be $0. 3. The contribution and credit are subject to adjustment when FPL's tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customer's plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 120/240 volt, 1 phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The Contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground service, secondary, and primary conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPL's Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customer's property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPL's easement has not been recorded prior to the recordation of the mortgage, (3) FPL's facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall furnish FPL a copy of the deed or other suitable document which contains a full legal description and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customer's construction site, as required by FPL. c) Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the Customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will install its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. 7. Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following: a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required, and d) Copies of the Customer's final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL. Plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the goveming body) by a registered land surveyor. 8. Prior to FPL construction pursuant to this agreement, the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas. The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal, paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and corner stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes identifying the location, depth, size and type facility of all non-FPL underground facilities within or near the easement where FPL distribution facilities will be installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer 1 OF 2 shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes. c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer if said relocation or repair is a result of a change in the grading by the Customer or any of the Customer's contractors or subcontractors from the time the underground facilities were installed; and, that subsequent repair to FPL's system, once installed, will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors. d) Provide sufficient and timely advance notice 60 days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and all other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be bome by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade. f) Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre -construction conference with the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre -construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPL's Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission, as they are now written, or as they may be revised, amended or supplemented. 11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupancy. Accepted: rFPL Gca� - Area Manager DSBN 9/28/2 (Date) O4 • �O• RATF ' .o :.'» : ,Ym Qa D p .N�� 0E� 0000a�ia 2 OF 2 Accepted: Witness 47/24' 20' (Date) `11/44.-454-1401k- 1)1.4 (Date) —a(i(dV. (Date) Section No. IV Seventeenth Revised Sheet No. 4.25 Canceling Sixteenth Revised Sheet No. 4.25 PAGE EFFECTIVE DATE f) The Applicant agrees to rectify any deficiencies found by the Company prior to the connection of any customers to the underground electric distribution system or the connection of the underground electric distribution facilities to the Company's distribution system. Furthermore, the deficiencies must be corrected in a timely manner or the Company shall construct the system improvement using overhead facilities and the Applicant will have to pay the cost of such improvement and the cost of its removal before the corrected underground facilities will be connected. Before commencing any work on the Company's behalf, the Applicant should submit Agreement for Underground Construction Standards (Form 9a, under Standard Contract forms) to the Company. 6.2.9 Location of Distribution Facilities Underground distribution facilities will be located, as determined by the Company, to maximize their accessibility for maintenance and operation. The Applicant shall provide accessible locations for meters when the design of a dwelling unit or its appurtenances limits perpetual accessibility for reading, testing, or making necessary repairs and adjustments. 6.2.10 Special Conditions The costs quoted in these rules are based on conditions which permit employment of rapid construction techniques. The Applicant shall be responsible for necessary additional hand digging expenses other than what is normally provided by the Company. The Applicant is responsible for clearing, compacting, boulder and large rock removal, stump removal, paving, and addressing other special conditions. Should paving, grass, landscaping or sprinkler systems be installed prior to the construction of the underground distribution facilities, the Applicant shall pay the added costs of trenching and backfilling and be responsible for restoration of property damaged to accommodate the installation of underground facilities. 6,2.11 Point of Delivery The point of delivery to the building shall be determined by the Company and normally will be at the point of the building nearest the point at which the underground secondary system is available to the property to be served. When a location for a point of delivery different from that designated by the Company is requested by the Applicant, and approved by the Company, the Applicant shall pay the estimated full cost of service lateral length, including labor and materials, required in excess of that which would have been needed to reach the Company's designated point of service. The additional cost per trench foot is $13.29. Where an existing trench with existing conduit is utilized, the additional cost per trench foot is $6.24. Where the Applicant provides the trenching and installs Company provided conduit according to Company specifications and backfilling, the cost per additional trench foot is $6.24. Any re -designation requested by the Applicant shall conform to good safety and construction practices as determined by the Company. Service laterals shall be installed, where possible, in a direct line to the point of delivery. 6.2.12 Location of Meter Socket & Service Entrance Facilities The Applicant shall install a meter enclosure and downpipe to accommodate the Company's service lateral conductors at the point designated by the Company. These facilities will be installed in accordance with the Company's specifications and all applicable codes. 6.2.13 Relocation or Removal of Existing f acilities If the Company is required to relocate or remove existing facilities in the implementation of these Rules, all costs thereof shall be borne exclusively by the Applicant, as follows: a) For removal of existing facilities, these costs will include the costs of removal, the in -place value (less salvage) of the facilities so removed and any additional costs due to existing landscaping, pavement or unusual conditions. b) For relocation of existing facilities, these costs will include the costs of relocation of reusable equipment, costs of removal of equipment that cannot be reused, costs of installation of new equipment, and any additional costs due to existing landscaping, pavement or unusual conditions. 6.2.14 Develooment of Subdivisions The above charges are based on reasonably full and timely use of the land being developed. Where the Company is required to construct underground electric facilities through a section or sections of the subdivision or development where, in the opinion of the Company, service will not be required for at least two years, the Company may require a deposit from the Applicant before ISSUED BY: Tiffany Cohen FLORIDA POWER & LIGHT COMPANY Fourth Revised Sheet No. 9.776 Cancels Third Revised Sheet No. 9.776 (Continued from Sheet No. 9.775) IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 5Qroint0Q f a!ln . O.. z .. Signed, sealed and delivered in the presence of: (Witness' Signature) By: Print Na�ne 0444 N'� `Q.(-- Print Name: _s 2 - I'{ ��' ' . `' kg itness) l 0010111A111 � �♦ S�OI7 e* CREST'•., Print Address: f' S 4 f d ' 1 i .SEAL ice= r,; ,,'4 ZEDA. STATE OF AND COUNTY OF 0k-ri..4cCSCt. ll . The foregoinr beforerg \ me by',means of [v�physical presence or [ ] online notarization, thisaC�.d day of byJ\? Wk the ,1 A{ " L 9(Sf'V t E,l•v a MlI� U i t �l Ira (, I f -- personally known me or has produced My Commission Expires. 21 5- 4 [Notary Seal] CRIS7AS.SHEPHEARD _ Commission # HH 089570 41 Expires February 26, 2025 ®ended Ttnt Troy Fain Insurance $004854019 instrument was acknowledged , ).4_, rYkaky-Y- of on behaW of the corporation. He/she is as identification. Issued by: S.E. Romig, Director, Rates and Tariffs Effective: June 14, 2011 Notary Public, Signature PrintCAACIOL 31-\?,f htAilral iName fL Oahn Pa.thc. Title or Rank { o? 3 7O Serial number, if any Ala, 3 Cl‘uf Luke( *EXHIBIT A* Begin at Northwest corner of Southwest 1/4 of :Southwest 1/4 of Section 36, Township 3 North, Range 24 West, Okaloosa County, Florida; thence East 19,11 feet, thence South 250 feet thence West 348,48 feet; thence North 250 feet; thence East 329_37 feet to the Point of Beginning_ 111 UPLINE PROTECTION J-5007 50A KS 33709/62980 ST#1 RISER ON WHITEHURST LN ANTIOCH SUB#909912 *MASTEC TO TRENCH 1 -2" SCH40 DUCT* *AND INSTALL 1 -1 /OAXNJ 760'* *INSTALL 1-DUMMY CAN & 25KVA PADMNT* *CUSTOMER TO PROVIDE SERVICE WIRE* ST#6 33691/62879 37.5KVA URD MP CR-1 60' r-� I , ,„ POINT CENTER RD ANTIOCH ELEMENTARY SCHOOL PROPERTY x x x 100A x -x x 260' *IN 25KVA 120/240 *TAG ST #8 *TAG TLN#33644/62852 *TOTAL LOAD=4KVA *IN 15 GROUND RODS t DC i L-� SUBJECT: IN URD FACILITES TO SERVE WATER TWR LOCATION: 2260 T POINT CENTER RD DRN. BY: SHANE DATE: 07/21/22 E.A.# MAP# REV. BY: DATE: SCALE: N/A OCB# 909912 CONTACTS: KYLE LUSK 850-682-6132 *IN DUMMY CAN *TAG ST#7 *TAG TLN#33670/62863 *IN 15 GROUND RODS EXHIBIT C* WR# 11636412 UIO: D00011636412 Gulf Power' Section No. IV Fifth Revised Sheet No. 4.23 Canceling Fourth Revised Sheet No. 4.23 PAGE EFFECTIVE DATE TRENCH MILE -The length of trench in miles required for underground primary cables. TOWNHOUSE - A one -family dwelling unit of a group such that units are separated only by fire walls. Each townhouse unit shall be constructed upon a separate lot and serviced with separate utilities and shall otherwise be independent of one another. 6.2 GENERAL 6.2.1 Application Underground electric distribution facilities may be offered in lieu of overhead facilities in accordance with these Rules and Regulations. (a) (b) (c) (d) (e) (f) (9) New Residential Subdivisions (SECTION 6.3) New Service Laterals from Overhead Systems (SECTION 6.4) Replacement of Existing Overhead and Underground Service Laterals (SECTION 6.5) New Multiple -Occupancy Buildings (SECTION 6.6) Installation of Underground Electric Distribution Facilities for New Construction (SECTION 6.7) Installation of Underground Electric Distribution Facilities for Conversion of Overhead Electric Distribution Facilities (SECTION 6.8) Installation of Underground Electric Distribution Facilities to Small Commercial/Industrial Customers (SECTION 6.9) 6.2.2 Early Notification and Coordination In order for the Company to provide service when required, it is necessary that the Applicant notify the Company during the early stages of planning major projects. It is the Applicant's responsibility to insure that close cooperation is maintained with the Company throughout the planning and construction stages by the architect, the builder, and the consulting engineers to avoid delays and additional expense. Particular attention must be given to the scheduling of the construction of paved areas and the various subgrade installations of the several utilities. Failure of the Applicant to provide such notification and coordination shall result in the Applicant paying any additional costs incurred by the Company. Any Applicant seeking the installation of underground distribution facilities pursuant to a written request hereunder shall execute the Agreement for Underground Construction Standards under Standard Contract Forms, Failure to execute said agreement within 180 days after the delivery by Gulf Power Company of a binding cost estimate shall result in forfeiture of the deposit made. Any subsequent request for underground facilities will require the payment of a new deposit and the presentation of a new binding cost estimate. For good cause Gulf may extend the 180-day time limit. Upon execution of the Agreement for Underground Construction Standards, payment in full of the differential cost specified in the binding cost estimate, and compliance with the requirements of this tariff, Gulf shall proceed to install the facilities identified in a timely manner. As a condition precedent to the conversion of any overhead distribution facilities, the Company may require that the Applicant obtain executed agreements with all affected pole licensees (e.g. telephone, cable TV, etc.) for the simultaneous conversion of those pole licensees' facilities and provide Gulf with a copy of the Agreement(s). Such agreements shall specifically acknowledge that the affected pole licensee will coordinate the conversion with Gulf and other licensees in a timely manner so as to not create unnecessary delays. Failure to present to Gulf Power Company executed copies of any necessary agreements with affected pole licensees within 180 days after delivery of the binding cost agreement to the Applicant shall result in forfeiture of the deposit paid for the binding cost estimate, the return of any differential cost paid for the binding cost estimate, the return of any differential cost paid less any actual cost incurred, and the termination of any Agreement For Underground Construction Standards entered into between the Applicant and Gulf Power Company. 6.2.3 Chances to Plans The Applicant shall pay for all additional costs imposed on the Company by the Applicant including, but not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to the agreement in the subdivision layout or final grade. ISSUED BY: Tiffany Cohen Gulf Power' Section No. IV Eighth Revised Sheet No. 4.24 Canceling Seventh Revised Sheet No. 4.24 PAGE EFFECTIVE DATE 6.2.4 Undercround installations Not Covered Where the Applicant requests or government ordinance mandates underground electric facilities including, but not limited to, three phase primary feeder mains, transformers, pedestal mounted terminals, switching equipment, meter cabinets, service laterals, or other electrical facilities not specifically covered by these Rules and Regulations, or in areas where the terrain, Toads, and/or equipment are not typical, and where overhead facilities would otherwise normally be provided, the Applicant shall pay the Company the differential installed cost between the underground facilities and the equivalent overhead facilities as calculated by the Company. The Applicant shall also provide the necessary rights of way and easements as given in Section 6.2.7. 6.2.5 Type of System Provided The costs quoted in these rules are for underground residential distribution service laterals, secondary and primary conductors of standard Company design with cable in conduit and above -grade appurtenances. Unless otherwise stated, service provided will be 120/240 volt, single phase. If other types of facilities other than standard Company design are requested by the Applicant or required by governmental authority, the Applicant will pay the additional costs, as calculated by the Company, if any. All service laterals and secondary and single phase primary conductors shall be underground. Appurtenances such as transformers, pedestal -mounted terminals, switching equipment, and meter cabinets may be placed above ground. Feeder mains required within a subdivision may be overhead if the Applicant and the Company determine that the additional cost of underground is not justified for that particular location, unless otherwise required by governmental authority, in which case the differential cost will be borne by the Applicant or governmental authority. 6.2.6 Design and Ownership The Company will design, install, own, and maintain the electric distribution facilities up to the designated point of delivery except as otherwise noted. Any payment made by the Applicant under the provisions of these Rules will not convey to the Applicant any rights of ownership or right to specify Company facilities utilized to provide service. 6.2.7 Rinhts of Way and Easements The Company shall construct, own, operate, and maintain distribution facilities only along easements, public streets, roads, and highways which the Company has legal right to occupy. The Applicant shall record and furnish satisfactory rights of way and easements, including legal descriptions or such easements and all survey work associated with producing legal descriptions of such easements, as required by and at no cost to the Company prior to the Company initiating construction. Before the Company will start construction, these rights of way and easements must be cleared by the Applicant of trees, tree stumps and other obstructions that conflict with construction, staked to show property corners, survey control points, and at transformer locations, graded to within six (6) inches of final grade, with soil stabilized, at no cost to the Company. In addition, the Applicant shall provide stakes showing final grade along the easement. Such clearing and grading must be maintained by the Applicant during construction by the utility. Should paving, grass, landscaping, or sprinkler systems be installed prior to the construction of the underground distribution facilities, the Applicant shall pay the added costs of trenching, backfilling, and restoring the paving, grass, landscaping, and sprinkler systems to their original condition. 6.2.8 Contributions and Credits The Applicant shall pay the required contribution upon receipt of written notification from the Company. No utility construction shall commence prior to completion of a written agreement and payment in full of the entire contribution. Where, by mutual agreement, the Applicant performs any of the work normally performed by the Company, the Applicant shall receive a credit for such work in accordance with the credit amounts contained herein, provided that a) The work is in accordance with Company specifications. b) The credits shall not exceed the total differential costs. c) The Applicant agrees to pay the Company costs associated with estimating the work to be performed by the Applicant, representing the cost of time to review and inspect the Applicant's work. d) The credit will be granted after the work has been inspected by the Company and, in the case of Applicant - installed conduit, after the applicable conductors have been installed. e) The Company will assume ownership and maintain the completed distribution facilities, once they are determined to meet Company specifications and/or installation of cable in Applicant -installed conduit. ISSUED BY: Tiffany Cohen lfr Guff Power' Section No. IV Twenty -First Revised Sheet No. 4.26 Canceling Twentieth Revised Sheet No. 4.26 PAGE EFFECTIVE DATE construction is commenced. This deposit, to guarantee performance, will be based on the estimated total cost of such facilities rather than the differential cost. The amount of the deposit, without interest, in excess of any charges for underground service will be returned to the applicant on a pro-rata basis at quarterly intervals on the basis of installations to new customers. Any portion of such deposit remaining unrefunded, after five years from the date the Company is first ready to render service from the extension, will be retained by the. Company. 6.2.15 Service Lateral Conductor All residential Tariff charges are based on a single service conductor installed in a single 2" conduit, limited to a maximum size of 4/0 triplex. All parallel services, or any single services requiring service conductor larger than 4/0 triplex, require additional charges determined by specific cost estimate. 6.2.16 Damage to Company's Equipment The Applicant shall be responsible to ensure that the Company's distribution facilities once installed, are not damaged, destroyed, or otherwise disturbed during the construction of the project. This responsibility shall extend not only to those in his employ, but also to his subcontractors. Should damage occur, the Applicant shall be responsible for the full cost of repairs. 6.3 UNDERGROUND DISTRIBUTION FACILITIES FOR NEW RESIDENTIAL SUBDIVISIONS 6.3.1 Availability After receipt of proper application and compliance by the Applicant with applicable Company rules and procedures, the Company will install underground distribution facilities to provide single phase service to new residential subdivisions of five (5) or more building lots. 6.3.2 Contribution by Apolicant a) The Applicant shall pay the Company the average differential cost for single phase residential underground distribution service based on the number of service laterals required or the number of dwelling units, as follows: Where density is 6.0 or more dwelling units per acre: Buildings that do not exceed four units, townhouses, and mobile homes — per service lateral. 2. Where density is 0.5 or greater, but less than 6.0 dwelling units per acre: Buildings that do not exceed four units, townhouses, and mobile homes — per service lateral Applicants Contribution $ 0.00 $ 0.00 Where the density is less than 0.5 dwelling units per acre, or the Distribution System is of non-standard design, individual cost estimates will be used to determine the differential cost as specified in Paragraph 6.2.5. Additional charges specified in Paragraphs 6.2.10 and 6.2.11 may also apply. b) The above costs are based upon arrangements that will permit serving the local underground distribution system within the subdivision from overhead feeder mains. If feeder mains within the subdivision are deemed necessary by the Company to provide and/or maintain adequate service and are required by the Applicant or a governmental agency to be installed underground, the Applicant shall pay the Company the average differential cost between such underground feeder mains within the subdivision and equivalent overhead feeder mains, as determined by the Company in accordance with Paragraph 6.2.5. ISSUED BY: Tiffany Cohen Fourth Revised Sheet No. 9.778 FLORIDA POWER & LIGHT COMPANY Cancels Third Revised Sheet No. 9.778 Sec. Twp 3N , Rge 24 Parcel I.D. r36-3N-24-0000-0001-0020 (Maintained by County Appraiser) WR # 11536412 UNDERGROUND EASEMENT (BUSINESS) This Instrument Prepared By Name: Shane Fedorak Co. Name: - Florida Power & Light Address: 1 Energy Place, Pensacola, FL 32520 The undersigned, in consideration of the payment of $1.00, and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above- ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: [ Reserved for Circuit Court ] See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the -rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. (Continued on Sheet No. 9.779) Issued by: S. E. Romig, Director, Rates and Tariff s Effective: June 4, 2013 Inst. #3595734 Bk: 3654 Pg: 3356 Page 1 of 4 Recorded: 12/13/2022 2:00 PM RECORDING ARTICLE V: $16.00 RECORDING: $19.50 D Doc Stmp: $0.70 DEPUTY CLERK mbums JD PEACOCK II CLERK OF COURTS, OKALOOSA COUNTY, FLORIDA Exhibit "A" A ten foot (10') strip of land Tying five feet (5') on each side of the center of the electrical facilities as installed and or to be installed on the following described tract of land to -wit: COIIYFHCE A7 TILE SOOLNWEST 00014R Ci SECTION 36. 100415141P 3 NDRNN, RANGE I4 NEST, 01017005A COUNTY. FLORIDA; THENCE PROCEED NORIO CO DECREES 33 MINUwE5 4T SECONDS 635r, ALONG 151E NEST IDE Cr SAID SE{110N SO. A DISTANCE OF 133941 FEET TO THE SOUTHWEST COINER Or THE NCR1NN[51 QUARTER or THE S .J1NUEST WARIER Cr SAID SEECUON 36 AND INS PONT Dr BEGINNING; THENCE. OEYARpSO THE 6EST UK OF S6d5 06 TIO0 36. PROCEED NORTH 09 EWES 27 UINU(E5 04 S0001% NEST. ALONG 151E SDUIR LINE OF IE NORTHEAST CANTER Cr THE S0JTNEAST OJARTER Cr SEC;uN 35, 101M19t6' 3 NORTH. RANEE 24 615T, OMALCOSA COUNTY'LOT60A. A DISTANCE Cr 392.70 FEET; THENCE. DEFAMING THE SOUTH I/1E Cr DIE I4DI.D4EA51 QUARTER Cr THE SOUTHEAST WARIER Cf sa0 5EC110N 35, PROCEED NORM 00 DEUEES 3.1 IOYUIES 41 SECONDS EAST. A OISTANM OF 1199.25 FEET: THENCE NOR1M 74 CEORE55 10 NCD11E5 40 SEC0.95 EAST ALONG A UNE PAR*JEt WITN AND 132 FEET SOUTHEASTERLY OF THE SOLFTHTRLY RW4LT-O!-96AT U61 OF INTTRSIATE HIOIWAT ID I N VAEUESI. A 0STANi.T; Or 401.35 7E'y1; 1NOLCE D£PAA1R'4C SAID PARALLJ;1 LINE AND PROCEEDING SDIIT E4SILRLT, 175.02 FEET ALONG T7E ARE 0r A WK. COACAVE SO llineS1ERLY, HAVING A RADIUS OF 15840 FUT. CENTRAL ANQE O 63 DECREES 26 96NUTES 07 SECONDS, AND A CHORD BEANIE'S SOUTH 74 OEC+i1S 05 ULMUIES 17 SECONDS LAST. 166.27 FEET 15 A POO4T MEN IS PARALLEL NGTT4 AND 66 FRET SOUTHWESITRLY 5 THE NESTERLY 9101T-OF-WAY LL4E Or ANDOCH ROAD (R/W VARIES); BODICE SOUTNEASIERLY ALONG FAN PARALLEL 1PNE. ia433 TEST 440N6 THE ASO OF A LVR9E. CONCAVE NORTHEASTERLY. 91AV31G A RADIUS Or 1713.67 FEEL CDOORA. ANGLE OF 12 OEGR_E5 SO 111k00E5 D9 SECONDS RID A CNORO BENING SOUTH 40 DEGREES A6 I91IUTts 25 MEMOS EAST. 383 62 FEET: TNEMTE O[PARDH^r SAID PARN.LF1 UNE. SOUTH 37 DECREES 13 MINUTES 20 SECONDS NEST, 20229 FEET; i 430X SOUTN 00 DEGREES 33 M IMS 41 SECONDS WEST. A INSTANCE 0r 790.00 r0ET TO A PONT ON THE SOUTH UNE OF IRE NGRMVEST QUARTER OF 114 SCUMMY WARIER Cr SAND'SECTION 36. DICNCE PROCEED 11081I0 89 DEGREES 91 1n1ry7E5 25 SECONDS NEST, ALONG THE SOUTH LONE OF THE NOR1MNEST QUARTER 0f 151E SOUD16E1T 01ARTER Or SAW SECOC1 36, A D15TANCE Cr 275.01 FEET TO 114E PONr OF DE5NNINQ Or 151E PARCEL HEREIN DESCRIBEO, COITMµ0.1f0 20A0 ACRES, MORE 0R 1655. TOGETHER LOTH A PARCEL Cr LAND M SKEW LEN TGPI1911P 3 NORM, RANCE 24 WEST II1 OAALOQSA comm. FU70oRIU A DOOMED AS COICNG AT AN IRON AN (4150 AT TILE INIEI�CTION OF DIE SDDIHERLY R1CNT-OF-0A9 LNE (J. AN11001 ROAD (8/69 VALUES) AND DIE EAST UNE OF NNE I.O41816f5T 1/4 Cr TIE 0OUDLLEST 1/4 OF SAID SF.CDNI 36; WINCE Ab01N 63STSff atm ALONG 5110 59UDIUtLT R94O-Or-far 'NE. A 015TAACE Or 4o22 FE2T; 114LNR OCPAEMIG SAID 90011IERLT UM, 556114 2O02'2r WESf, 57,12D nu TO A PUNT Of CURVATURE; TWICE 9DIIOI6ES un.r. 5496 FEET ALlr10 OIL A$ 0r A 45690, C3CfJ4M NOAT)I7ESTEIAY. HA71N0 A RAMS OF 35.00 rEIE A CE111RAL AUNT, f OF 009300', AND A MMDAO VEµ116TO SEMI 71'02'22" WEST, 49.50 K U 1D A PONT Cr 1AN.E11CY, NICNCE NDEEH 0337'39' WEST. -A2.67 art 10 5A0 SOUTHERLY RIGLMT-9T-WAY WC Cr A1110CN RO9l 1HD9% NL INAESIERtY ALONG SAO opium AIUF, 220f0 FEET 6LEA10 WC ARC Or A CURIE CONCAVE H1°REEAS1U&Y. 119101 O A 9A04JS OF 1047.57 FELT. A CAPORAL MOLE Or 073914', AND A OIG7O °CAVING man! 59UY22' VEST. 2E1.34 FEET 10 AN IRON P917 144452 VOICE CCNIgMHG N.ENG SA0 SE611NRLY UNE, 11011106110217 193.09 rift ALGItS NIL ARC 07 A CUN97 CONCAIS 41061T1ASft61Y. 11ANH5 A RAMIS at 104A O'L(1. A CENTRAL AW.F.E Cr 1W4711.1', AND A OFORD DEARING ND9TIE 515414' 1f9E 194.96 tat; rigout team; SAID SQUIRMY UNE, S01/114 41'2916' WEST. 66,0O FEET: PENCE SOUTHEASTERLY. 200.00 FEET, ALONG. 111E ARC 0r A CW19E. 50(05 E NMIHEASIERLY, 9U1VIV0 A NACHO Or 1113.6E rat, A CENt1AL ANGLE of 061113', AND A CF1pa7 ETEMni16 swot 550,79' EAST, 191.89 FLED D4INC( CL4[TAA6N0 ALGN4 TI9E LAST (E506045 CJIGPE, 231112 TEST ALONG DIE ARC Or A CLOW. 0011C114E NCRIIIEASIERLY. 9SAW10 A RADIUS Of 1713.6E RTET, A 1599111AL ACME Or 0114611r, AND A 04090 BEANINO Salo S912471' EAST, 231.65 fat 10 A PONT Or 1AN5LN07. 1NTIM SI NIN 139T36' CAST, 571,10 FELT 10 A POEM Or 411NVA0U90 TREK( SOUR(ASICRLY, 5490 t[CF ALONG TI(E ARC Or A CURVE mom SDA1111ES1ERLY, HAI2 o A WOW O 35.00 FIEC A MORAL ANGLE 0r 990 117', AND A 01@RT1 BENENG 50J1M 1017•20' EAST. 49.50 FEET TO A PONT ar RAKE CILEVADR1E; wax SOUmHEOLY, 100.29 FIST ALONG THE ARC 0r A CURL& GONG*([ CASTERaY, NAM A LADIES Or 20D00 FEEL, A RRDIAL ANGLE Or 100915'. Alm A 010d9 etyma 500D1 5745'19' WEST, 90.62 FEET; OUNCE SOUTH 543314J' (AST, 14.01 FEET 10 SAID IA51 LM 0r 114E 1A01RAS4 1/4 O' N6 SOUTHWEST 1/4 SECNDN 36; THERM NORM 0016'1r CAST ALONG 5A0 EAST M. A DISTANCE 0r 247.44 I(E1 111 ME KM OrTEC0nN4G, CON7A010 2,285 AWES, MORE OR LESS, ALL 01 SECTION 33. 100113K11 S 1901111, RARE 24 %1ST. 0904.0054 CW.Vflf, FLDI60A, HOWEVER, NOTWITHSTANDING THE FOREGOING, IN THOSE LOCATIONS WITHIN THE ELECTRICAL DISTRIBUTION SYSTEM WHERE TRANSFORMER BOXES, SPLICE BOXES, AND TERMINATION POINTS, ARE LOCATED GULF POWER IS HEREBY GRANTED AN EASEMENT AREA WITHIN A FIFTEEN FOOT (15') RADIUS FROM THE CENTER LINE OF THE PRIMARY VOLTAGE CONDUCTORS. IT IS UNDERSTOOD AND AGREED SAID FACILITIES WILL BE INSTALLED AT A MUTUALLY ACCEPTABLE LOCATIION TO BOTH PARTIES. UPLINE PROTECTION J-5007 50A KS 33709/62980 ST#1 RISER ON WHITEHURST LN ANTIOCH SUB#909912 *MASTEC TO TRENCH 1-2" SCH40 DUCT* *AND INSTALL 1-1 /OAXNJ 760'* *INSTALL 1-DUMMY CAN & 25KVA PADMNT* *CUSTOMER TO PROVIDE SERVICE WIRE* x POINT CENTER RD ST#6 33691/62879 37.5KVA URD MP CR-1 ANTIOCH ELEMENTARY SCHOOL PROPERTY -P• 260' *IN 25KVA 120/240 *TAG ST #8 *TAG TLN 33644/62852 *TOTAL LOAD=4KVA *IN 15 GROUND RODS SUBJECT: IN URD FACILITES TO SERVE WATER TWR LOCATION: 2260 T POINT CENTER RD DRN. BY: SHANE DATE: 07/21/22 E.A.# I MAP# REV. BY: DATE: SCALE: N/A OCB# 909912 WORK LOCAT9EON 9 CONTACTS: KYLE LUSK 850-682-6132 60 ; I afdej 6 x I *IN DUMMY CAN *TAG ST#7 *TAG TLN 33670/62863 *IN 15 GROUND RODS • WR# 11636412 EXHIBIT B* • UIO: D00011636412 FLORIDA POWER & LIGHT COMPANY Fourth Revised Sheet No. 9.776 Cancels Third Revised Sheet No. 9.776 (Continued from Sheet No. 9.775) IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on November Z4 , 2 022 Signed, sealed and o delivered The School Bo of Okaloos� Cpinty, Florida e Pa 75 ( tress' Signature) By: /a4144,' 411 Print Name Amber Floyd (Witness) Malt: U i&v Print Name (Witness' Signature) Mari McGowan (Witness) Print Name- Timothy Bryant, Chairman Print Address - 120 Lowery Place Fort Walton Beach, FL 32548 STATE OF Florida . AND COUNTY OF Okaloosa . The foregoing instrument was acknowledged before me by means of fiQ physical presence or [] online notarization, this (-I1n day of November 2022 . by Timothy Bryant the Chairman of The School Board of Okaloosa County,.Florida on behalf of the Board . He/she is �rsonally known to me r has produced as identification. My Commission Expires. £. 4024 1,20 2 [Notary Seal] ''' JAN R. CRAWFORD Commission # NH 031433 Ac : Expires September 21, 2024 %4`.:ife6'`' Bonded Thu Troy Fain Insurance 800-315.7019 No ry Public, Signature aarti t C rau. J rJ Print Name 1 BO Title or Rank Serial number, if any Issued by: S.E. Romig, Director, Rates and Tariffs Effective: June 14, 2011