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AGREEMENT FOR BINDING COST ESTIMATE FOR ISLAND ESTATES ~.; " .. I I AGREEMENT FOR BINDING COST ESTIMATE PRESENTED TO THE CITY OF CLEARWATER FOR ISLAND ESTATES FLORIDA POWER CORPORATION .... I;"~- t.~ r: c/ -" ..~ ~ (/6) , . ~ I I AGREEMENT FOR BINDING COST ESTIMATE THIS AGREEMENT, is made and entered into as of the Pl.sd-f-- day of~J?91 by and between FLORIDA POWER CORPORATION, a Florida corporation (the "Utility") and the City of Clearwater (" Applicant"). RECITALS 1. The Utility is an investor-owned electric utility providing retail electrical service under the regulation of the Florida Public Service Commission (the "Commission "). 2. Applicant is a Florida municipal corporation within the Utility's Commission- approved service territory. 3. Applicant is considering the undergrounding of all existing overhead distribution facilities on Island Estates (hereinafter called the "Distribution Facilities") by the Utility as governed by tariff Part XII of the Utility's Rules and Regulations as approved by, and on file with, the Commission as same may be amended from time to time (the "Tariff Rules" or individually, a "Tariff Rule"). 4. Applicant has submitted to the Utility a written request pursuant to Tariff Rule 12.02(2) for the Utility to develop a written cost estimate to accomplish the undergrounding of the Distribution Facilities (the "Undergrounding"). 5. The parties desire to set forth an agreement under which the Utility shall submit to Applicant a binding cost estimate (the "Binding Cost Estimate") to accomplish the Undergrounding. AGREEMENT 1 . Recitals Correct. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Delivery of Estimate. Within Sixty (60) days from the date of this Agreement the Utility shall deliver to Applicant, a Binding Cost Estimate to accomplish the Undergrounding. 3. Duration of Estimate. The Binding Cost Estimate shall remain valid for a period of 180 days from the date of receipt by Applicant. If Applicant has not accepted the Binding Cost Estimate within such period by executing a construction contract as contemplated by Tariff Rule 12.05, the Binding Cost Estimate shall be of no further force and effect. J 1 !: Ii I 4. Work Included. The Binding Cost Estimate shall establish a firm price to accomplish the Undergrounding. The scope of the Undergrounding covered by the Binding Cost Estimate shall include installation to all appropriate residential and commercial areas of all primary and secondary conductors, conduit, splices, switch gear, transformers and conduit, and electric service drops necessary to accomplish the undergrounding of the Distribute Facilities. 5. Cost Estimate Fee. Upon execution of this Agreement, Applicant shall pay to the Utility a fee (the "Cost Estimate Fee") in the amount of Nine Thousand Dollars ($9,000.00), which Cost Estimate Fee has been calculated in accordance with Tariff Rule 12.04(2). 6. Offset Against Future Construction. If Applicant timely accepts the Binding Cost Estimate by executing a construction contract with the Utility as contemplated in Tariff Rule 12.05, the Cost Estimate Fee shall be counted as a credit against the facility charge in such construction contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. FLORIDA POWER CORPORATION By: ~~ O. ~\/\' Title ~ \\JQ.I1..]j Di~I((JJci\\mJ ml\N~2Ffl.. CITY OF CLEARWATER By: ~A:' LCPW' Eli a eth M/Deptula Title: City Manage-I' - . -, " ATTEST: -->" --