UTILITY REIEMBURSEMENT AGREEMENTUTILITY REIMBURSEMENT AGREEMENT
(City of Clearwater — City Hall — Myrtle Ave)
6-441
THIS AGREEMENT, made and effective this day of 0_011
, 205 is by
and between Duke Energy Florida, LLC., a Florida corporation (hereinafter referred to as
"DEF"), and City of Clearwater, in Florida (hereinafter referred to as "the Local Government").
WITNESSETH:
WHEREAS, as a Florida public utility, DEF has the right under Florida law to construct,
operate and maintain its utility facilities upon Florida public road right of way including but not
limited to, Myrtle Ave in Clearwater, Florida; and
WHEREAS, DEF has constructed and now operates and maintains certain electric line
facilities near, upon, along, within and/or adjoining Myrtle Ave, all of which are more
particularly depicted or described on the attached Exhibit "A" (hereinafter referred to as "the
Utility Facilities"); and
WHEREAS, the Local Government is requesting DEF to convert the overhead Utility
Facilities to underground ("UGC Work"); and
WHEREAS, simultaneous with execution of this Reimbursement Agreement, DEF and
Local Government have entered into that certain Underground Conversion Agreement ("UGC
Agreement") to perform such underground UGC Work.
WHEREAS, the UGC Agreement requires, among other things, that Local Government
secure certain property rights for the UGC Work as further described therein.
WHEREAS, as consideration for DEF relocating the Utility Facilities in accordance with
the UGC Agreement, Local Government hereby agrees to pay the costs in accordance with the
UCG Agreement as well as this Reimbursement Agreement;
NOW, THEREFORE, for and in consideration of the mutual promises from, to and
between DEF and the Local Government, hereinafter contained, DEF and the Local Government
do hereby agree to and with each other, as follows:
Recitals. The Parties agree that the above recitals are true and correct and are
incorporated into this Agreement.
UGC Work. DEF will relocate the Utility Facilities as depicted in the UGA. The
preliminary estimated cost thereof is set forth in the UGA.
Future Relocation Work.
A. As consideration for DEF relocating the Utility Facilities in accordance
with the UGC Agreement, Local Government hereby agrees to pay (1) all costs incurred by DEF
in accordance with the terms of the UGC Agreement and (2) for any and all future relocation
costs and expenses incurred by DEF to the extent such Utility Facilities need to be relocated due
to any local, state, or federal road or highway improvement project or for any other work or
project of the Local Government or other governmental agency or third party entity which
interferes with the Utility Facilities ("Future Relocation Work"). The Local Government shall
reimburse DEF for the costs incurred by DEF to perform any Future Relocation Work within
thirty (30) days of receipt of an invoice from DEF for such Future Relocation Work. Said
statement shall include supporting documentation to substantiate the invoice. DEF shall have the
right to submit such statements for progress payments as the Work proceeds and such statements
shall be paid within thirty (30) days of receipt.
B. DEF shall not start the Work or any Future Relocation Work until all
conditions precedent set forth in the UGA and below have been satisfied by Local Government,
including but not limited to the following: (a) written notice has been given to DEF by the Local
Government that (i) the Work has been authorized and funds are available to reimburse DEF, and
(ii) all necessary public road right of way and easement areas have been acquired for the Work
and all obstructions or obstacles have been removed (clean, cleared and ready to go) and all
utility locates have been performed, (b) the Local Government has denoted the public road right
of way line in the area of the Work, by staked survey at not more than 100 foot intervals with
station markings, (c) the Local Government has trimmed/removed all vegetation away from the
public road right of way in the area of the Work, as reasonably determined by DEF, and (d) the
Local Government and DEF have executed the Underground Conversion Agreement and this
Reimbursement Agreement for the Work.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by through their duly authorized representatives, effective the date first above written.
DUKE ENERGY FLORIDA, LLC
(Signature)
(Name, Printed or Typed)
(Position)
CITY OF CLEARWATER
By:
Printed Name:
Printed Title:
Dated:
By:
Printed Name:
Printed Title:
Dated:
By:
Printed Name:
Printed Title:
Dated:
Attest:
Treasurer
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Countersigned:
Bruce Rect
Mayor
App
ved as to form:
Jerr
Sen
it Assistant City Attorney
Simpson
CITY OF CLEARWATER, FLORIDA
By:
Attest:
oirrier
City - nager
Rosemarie CaII
City Clerk
UTILITY REIMBURSEMENT AGREEMENT
EXHIBIT A
(City of Clearwater — City Hall — Myrtle Ave)
The areas highlighted on the map indicate the locations where Duke Energy will be installing
conduit and cable within the right of way. This installation will also include several pull boxes,
which are the designated locations where Duke Energy has agreed to perform the installations.
Neurocare Pro 0
Bob's
Tank
ater
Clearwater Parks and
Recreation Department