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HomeMy WebLinkAboutPrevious Franchise Agreement FR/SRrU?-06-2004 14:38 TECO W1SSri4da r.+a7 FRANCHISE AGREEMENT BETWEEN FPL ENERGY SERVICES, INC. AND THE CITY OF MIAMI This franchise is authorized put ant to Ordinance N. City of Miami Commission on rn in .• m passed and adopted by the MAY-06-2604 14:3e TECO e133753400 P.06 TA$%E CIF CONTENTS Section 1 Definitions Section 2 Grua 1 Section 3 Franchise Fcc 3 3 Section 4 Term of Franchise; 5 Section 5 Assignmen and Transfer 5 Section 6 Use of Public Ways $ Section 7 Removal of S City S Section 8 System Facilities: Ci Right to Purchase 7 itacords 1 S=i n 9 Forfeiture and Termirtanon Section 10 Police Powers 1 Section 11 interdependent Provisions 9 Section 11 Non Compete Oth:r City Agrear�entx 9 4 Section 13 �u Sectlort'14 Indemnification10 w Section 15 Vetw 11 Section 16 Law Governs 1 Section 17 Compliance With Laws Rules and Regulations 11 Section 18 Notices 11 Section 19 Failure of City to Enforce; No Waiver 11 11 MAY-06-2004 14a38 TECO 8133753400 P.07 THIS FRANCHISE AGREEMENT made and entered into this , 199ti, by and bccwers% FPL ENERGY SERVICES, INC., a Florida corporation, its successors and assigns, whose mailing c4drest is 9250 West Fiagler Street, Miami, Florida 33174 and the CITY OF M.IAMI, a mcinicipality of the State of Florida, its successors and !assigns, Whasc ;!anteing address is 3500 pan American Drive Miami, Florida 33133. NOW TREREFORE, i'ta consideration or the premises, covenants of the parties and semis and conditions forth below and athcr good and vaivabit consideation, the atrlfcieracy of which is hereby *cltnowlazed, the parties agreo as foItows; Section 1., Definitions P1 d7-.rra i1 For the �r�y purpose of this Franchise Agreement the following terms, phrase, and Wigs sh ljfl • have the following meaning, xr. .,4s'1 0 r• (a) "Ad -Valor m 7axiz" means a tax horsed upon the assessed value oI'reas and ?art onaI property as dctermi.nul by tax: pmpurty tax appraiser of Miami -Dade County or its successor, (b) "Actual Ad Valarent Taxes" means the amount of tax that the Ciry receives from the total Ad Valorcwn Taxes collcetad by Miami -Dade Collar;! from the Company. (c) "City" means the City of Miami, a municipal corporation of rho State of florida. (d) "Ctsmpatty" means FPL ENERGY SERVICES. INC., a Florida corporation, its successors and aasalons, whose mailing address is 9250 West rimier Street, 1V iami. Florida 33174, (e) "Franchise Arras" means that portion of the City for which this franchise is granted, which is specifically described in Exhibit "A" atwchod hereto and by thus reference made a part hereof. (f) "Franchise Yeas" (i) the "first Franchise Year" shall consist of the period of time carturnmc,ng en the Effiacxiw Deane and wading on September 30, 1998: (ii) the second Franchise Year shall consist of twelve consecutive months commencing on OctoSer 1, I998 and ending on September 30, 1999; and (iii) each and every twelve consexucive months thereafter throughout the term of this Franchise Agreement shall constitute a franchise year. Mi Y-Ora-2004 14:38 TECO 8133'753400 P.08 (g,) 'Gross Revenues" m+rarts any atul all tuvenues derived by the Company from the sale or ctti]lod warcr or scram far this purpose of providing) district cooling, heating. and Mated services within the Franchise Area, including but not limited to, revirue from regular k;rvirocs, installation and oesnoction charges. equipment rentals and charges, and maintct'ano: charges. (h) "Ordinance" means Ordinance No, .//G,i . passed and adopt an G by the City Commission authorizing the City Manager to tv * iu: this Franchise Agrauncrtt, and providing for an ctivc date. (i) "Oversight Board" means the Emergency Financial Oversight Board of the Stare of Florida which is empowered to review And approves!! pending City contracts. (i) "Public Ways" (IleaD.1 the surface and the subsurface of any public street, path, alley,, sidewalk, boulevard, drive. bridge, waterways or other public right -or -way held or htxtarter lurid by the City, No rcforaicc in this Franchise Agreement to he Public Ways shall be deemed to be a r presentation or guarantee by the City that its title tc or Jurisdiction over any property is auft cicnt to permit ita tut for the purposes contemplated by this Franchise Agreemcrlt, and etc CumpanY shall under the privilege granted herewtder be deemed to gain only the rights to use the property in the Public Ways as the City tray have the [undisputed tight and power to give. at) "System Plant* means a facility or central plant producing chilled water or steam will in the provision of disuict cooling Lind heating services. (l) "System Facilkies" merits distributiacn mains. pips, conduits, wire, related equipment. and all other facilities to be installed in , upon, along or below the Public Ways for providing district cooling and heating services to buildings located in the Franchise Arta occluding the System Plant, Section 2. Grant. The City grants to the Company a non-exclusive right, privilege and franchise to construct. operas and maintain in. under. upon, along, over and aerate th': Public Ways within the Franchise Area, in accordance with customary practice, with respect to their construction and maintenance, the System 2 MAY-09-2004 14:39 TECO 9133753400 P.09 Facilities for the purple of delivering chilled water or steam to buildings located within the Franchise Area. This Franchise Agrecmeni shalt become i:ffective, after being fully executed by rho City and the Company, on the date approved by the Oversight Ebard (thc "Effective Date"). The granting of the tutu -exclusive franchi:.v dicribud shall not pnxludc or provide a basil for denying any qualified third party application for a non.e*clusive franchise to construes. opec is and maintain a distribution system for the delivery of chilled water and/or steam to provide efficient homing and cooling to existing and future developments, both public and private, widtin the City of Miami, including the Franchise Ara. Any aubseiuent qualified third party franchise application shall be afforded the same expedited review and approval process applied to the instant application. Section 3. Franchise Fee (A) For each and evt.Ty Franchiuc Year without Company shall pay ire lawful currency of the United Slaty at franchise foes in the following amounts; 1. The Heft Fortehisc erg, The Company shaft, on or be tare September 30, 1998 pity to the City franchise fees for the first Franchise Year in the mount of ono hundred fifty thousand (S 150,000). further demand, set -oft or abatement, the the address provided for in Section is herein 2, s ceond Frame s.. Yat: 'Mc Company shall, an or before September 30, 1999 pay to tho City friachiic roes for the second Franchise Year in an amount which shell be the greater of one permit ache estimated Gross Ilrottnues for that Franchise Year or two twndrcd tbouaand dollars ($200,000) ); provided, however, that such payment shall be uljustai on the 30th of November Fallowing such payment and credit giver to the City or the Company, as appropriate, based upon any difference between the actual and estimated Gross Revenues, 3.' Tie Third and Fourth Fmgdialgira. or the third sad towel ,Franchise Years, the Company shall pay to the Ciry thc following amounts; 3 P1AY-06-2004 4 : 39 TECO 0133?53400 P.10 o lc () no or bcd'un 30th of : pu.,bcr of each individual Franchise Year the grater of one percent or the estimated Gross Revenues for that Franchise Year or one hundred thousand dollars (S100,000); provided, however, than such payment shall be adjusted on the 30th of NP>vember follovvieg each such payment and credit given to the City or the Company, as appropriate, hosed upon any difference between the actual and estimated Gross Revenues; and (ii) can or before the 30th of each November immediately following the end of each such individual Franchise 'Year an amount, if any, which when added to the Actual Ad -Valorem Taxes paid by the Company which were duc and payable as of the 1st of November immediately following the end of each of the third and fourth Franchise YeArial shall be not less �. thin oat hundred thousand (5100,000) gxjog444_1. Assume that in the third Franchise Year the Company pays Actual Act - Valorem, Taxes due for the ealend:.r year of 2000 in the amount of S20,000. Then the Company, in addition to the amount paid under Soctlon 3(2)2'ii shall, or before November 30, 2000 pay to the City err amotutt in the sum of eighty thousand dollars (S80,000), Faratawkil Alxumo that in the fourth Frani:Nee Year the Company pays Actual Ad - Valorem Taxes duc for the calendar year of 200 i in thc amount of $ ISA,et12. The Company shall not owe to the City any additional sum of money, and thc total franchise ibe duc for the fourth Franchise Y.ar shall consist of thu amount paid under Section 2:j g- 3(i). 4 MAY-06--2004 14:39 T CO 8133753400 P.11 It is understood, agreed utd affirmed that the foregoing provisions neither directly not indirectly exempt the Company from its obligations to pay taxes, and an• not intended to affect in ally %Ay any obligations of the Company with respect to the payment of taxes, which obligations shall be mot is full. 4. f 'h Ypar Through Z�Ilh. l ictti • •i.�ar. Commcne n �-�—.. b on the first duty of the fifth France Year and each and every month thereafter until sixty (60) days after the expiration of the talth Franchise Year, the Company shall pay franchise fees in the amount of two (2%) percent of Gross Revcnuee for the monthly billing period orthc Company ending sixty (60) days prior to each such monthly payment, 5.Eltemgasai ,Flaggaz. Commencing on the First day of the eleventh Franchise Year and each and every month thereafter until sixty (60) drys Wier the ekpiration of the tiftmush Franchise Year. the Coriparry shah pay franchise fees inn the amount of duce (3%) percent of Gross Revenues for the monthly billing period of the Company ending sixty (60) days prior to each such monthly payment. 6. Sigont3t Frahct� _ Year 7itrough_ ,*•v $$evensb Franchise Ysea. Commencing on the first day of the aixuzn h Franchise Year and each and every month thereafter until sixty (60) days after the expiration of the term of this franchise Agrixmrr.t, the Company shall pay franchise ,fees in the amount of four (4%) percent of Gross Revenuat nor the tnondily billing period of the Company aiding SAY (60) data prior to each such monthly payment. (b) Each monthly franchise foe payment shall be accompanied by a atswnrant clearly showing the Gross Revenues of the Company, certified by an official or rnpre. entaitive of the Company having the requisite knowledge to produce such a statement. (c) If any fruichiec fee paymeYtt is not made on or before the applicable dues specifiest above, interest shill be charged from the dew due at the moult rue of 2'/% over Prime Rue (as published in the Wail Street Journal) corttputcd daily. 3 MPY-06-2004 14: 39 TECO et33?53400 P.12 Section 4. Term of Franchise. The franchise and the rights, privilegttt and authority granted hereunder shall take effect commateiag on the effective date of this Franchise Agreement and shall continue in force and cffcet for a term of_thirry seven (37) years. Section 5, Asaienmcnt and Transfer. No sale, assignment or transfer of the pri aileseti granted under this Franchiso Agreement or sale or lease of the System Facilities, or any portion thereof, shall be effective unless the Company shall have filed written notice thereof with the City Clerk at least sixty (60) days prior to the scheduled date of such sale, assisranent. or transfer, and unless, subsequent to the filing of such notice, the City Commission shall have by Ordinance approved and consented to such sale, assignment or transfer, which consent shall not be unreasonably withheld; and provided, however, the Corapany may sell, transfer or assign this Franchise Agreement to its parent, or to any subsidiary or aftt ota without the consent of the City Commission, Section 6. Use ofll'ublie Ways. (a) latrerfere+ce with Percents. JfmlugVem nu. Pu lie sagYriyare Un1i j, The System Facilities shall be locatrad axtd maintained so rus: (i) not to endanger or Interfere with the health of safety of persons; (ii) not w Unr+rasoOably interfere with the free and proper use of the Public Ways, krist,ing Utilities. (b) Prior to construction, the Company shall contact tnycompany or person which has gad, cieciric. wane', cable, tiephonc, or other utilities looted within ihu construction arm, of the Franchise Arca and shall be responsible far any relocation or adjustment coin of such facilities as may be required for tiro construction of the System Facilities, (c)LaarizukuLibaciursgranztioaAribe $vstentraicilitias. ti MAY-06-20014 14: 40 TECO 8133753400 P.13 The location and marmot of construction of the System Facilities shell bc established and all construction work in connection therewith shall be permitted under such reasonable rules and regulations which the City Msnagcr or his designee may prrscribcpursuant to Section 337.401► Florida Statutes and in areardattcc with all applicable pr o3fo s of the C.hartar and Code of the City or Miami, including without limitation the provisions of S%lion 54, during the term her if, Such rules or regulations, however, shall not prohibit the exercise of the Cornpnu?s right to u. the Public Ways. (d) R f bli w s. In case any portion of the Public Wayy is enca'vaLe.d by the Company or otherwise dicturbed, the Company shall, at its own cost and in a maru►cr approvai by the City Manager or his designee, replace and restore the ponion of thc Public Way so excavated or disturbed, in is good condition as before the work was commenced turd in a timely manner in accordance with the standords for this work set by the City. (e) Nothing in this Section scull be construed to nuke thc City liable to the Company for Lily cost or expense in corms tioo with the ecnstn,ctJon, reconstruction or relocation of the System Fecillttp in thc Public Ways made necessary by widening, paving, storm drainage or otherwise improving Public Ways (the "Sidewalk or Street improvaerrrnt1, i xrcpt that rho Company sha11 be- entitled to rcimburrlement of such costs and expense, front funds available from sources other brie the City as may bc provided by law. However, prior to the design of the S;di:vwlk or Street In'provemanc, the City alsall meet With the Company ID determine in good faith wsether such east and gqttsc to too Company can reasonably be minimized. Serration 7. Removal or System Facilities; City's Right to Purchase. At the expiration of the term of this Franchise Apeemcnt or upon its termination as providod for in Section 9 hereof, the Company shall, immediately, if necessary ssry and upon written notice by the City, rcattove at its own expense sail System Factures within the Franchise Area, and repair and restore the surface of tho Public Ways to its original condition. The City reserves the right to purchase the System 7 MAY-06-2004 14; 40 TE±C° 8133753400 P.14 Facilities, or any portion theme The purchase price to be paid to tits Company for the System Facilities shall be based upon the quart of reproduction at the time of such purcharc by the City, less de. n:dation to the date of such purchase, plus severance costs slid going concern value. Nothing herein shall rogture the City to exercise either of these options. Section 8. Records. (a) The City shall have the right, upon reasonable notice to the Company and at remonable times, hours, dates and frequencies, to inspect all or any part of the Company's rewords and documents in connection with this enlculatien of franchise fees due under this Franchise Agreement, (b) Within 120 days of the end of each Franchise Year, the Company shall prepare and file with the City an annual audited report prep•ucd ay the Company of Cross Revenues. (c) The City shall haw the ;�i hi, at its discretion, ro direct an audit of the Gross Revenues. It the audit Antral uca that the financial report of the Company regarding matters set forth in subsection (b) of this Section is in I: ror by a margin of :i% or more. thu cost of the audit anal1 be borne by the Company. This audit shall not bc performed on a contingency fee basis. Section 9. Forfeiture or Termination of the Franchise. (a) Failure on the pert or the Com *r.y to as nply in any svbsraratial respect with any of the provisions of this Franchisee Agreement *hs11 be grounds for forfeiture of this frnnehise'and tha privileges granted hereunder, but no much forfeiture shall take effect if the reasonableness or propriety thereof is disputed by the Carpany until v court of competent jurisdiction (with right of appeal in either party) shall have found that the Company has failed to comply in a substantial respect with any otthc provisions of this Franchise Agreement. (b) A substantial bream by the Company shall include. bat not bc limited to: (i)• failure to make timely payments to the City of the franchise liars, Web failure is not cured within thirty (30) days from notice or such vie ooson; (ii) failure of the Company to derive Gross Revenues upon which the City caa rceaivo franchise fees for a period of Five (5) coascctctive Franchise Years, excluding the Am four 8 r1i w-06-2004 14: 40 TEC4 8133753400 P.15 Franchise Years; and (lit) violation of any other material provision of this Franchise Agreemet or any material rule. vrct r, rcgalation of the City applicable to the Companys ennstruction, ma;ntatenco and operation of the System Facilities, which violation by the Company continues for a period of ininy (30) days following written demand by the City, and there is no written proof that corm -cave action has been taken or is being actively and expeditiously pursued; pmvidcd, however, that as to the violatiarts described in (ii) (nil) of this Sub -section 9(b), the &regains shall not constitute a substantial breach if the violation occurs but is without fault of the Company or if it occurs as a result of circunstat,co beyond its direct control such as war. civil dirnubancc, aatura! catastrophe arid other acts of God. Section 10. Police Powers. In accepting this Franchise Agreement, the Company acknowledges that its rights under this Franchise Agreement are subject to the police powers ar' the City, the etatc, Miami -Dada County and the federal govertunet,t to adopt and enforce laws, rules end regulations and general ordinances °ry to the saf:ty and welfare of the public, (the "Police Powers"), and *grecs to comply with all applicable 1Rws, rules and regulations and ordinances enacted by the City, the state, Miami -Dade County and die federal govemmcnt pursuant to their Police Powers, The Ciry acknowledges that the Company by recognizing the existence of the PoliCc powers dots not waive any dr:fenee or right bull the Company may have with respect to the a tezcise of the Police Powers. Satinet 111. Interdependent Provisions. The provisions of this Franchise Agrecmcntaare Lnterdcpcszdent upon one another, Ana ifany of the provisions arc found or adjudged to bc invalid, illegal, void or of ao effect, the enure Franchise Agreement shalt bc null and void and of ao force or effect; provided however. that in the event that this Franchise Agreement is doctarvd null and void as provided for herein, the City shall nevertheless be entitled to receive payment of the prate - ro payment ymc,nt of franchise focs duo and payable for that Franchise Year in which such termination ours. 9 w � vi imsv &t o [q_ ur IL4 untying i..lT , . 7:.r:a. . O _ , elf _. _.. _ .. r 1AY-06.2004 14 : 40 TECO 8133753400 P.15 Section 12. Mori Compete; Other City Agreements. A) As a further consideration, during the term of this Franchise Agreement, or any extension tberea4 the City agrees cot to =gage in the busincs of distributing and telling chilled water, steam or related services in competition with the Company, its at:ccGsaors or assigns; provided, howc;vcr, that the City is not prohibited or precluded from installing, operating and maintaining chilled water or sty distribution system within the Cary, including the Pubfk Ways within dhe Franchise Area for purposes of servicing City owned or operated IBC;lilies. B) As a. further consideration. during the term of this Franchise Agrcanc„nr. or any extension thereof. the City agrees that in the event that the City away a franchise agreement to install, °perm and :maintain a chilled water or stzrn distribution syr,+aan within the Public Ways within the Franchise Arca ("0t r City Agreements") which contains a. provision for the: pa►,ymcnt to the City of franchise fees in anoints less than the amounts provide! for under Session 3 of this Agn spent, cite Company thadl be entitled to benefit from such more favorabic payment terms and the City age w amatd this Franchise Agreement 10 incorporuo a similar payment schedule; provided, however, that the tastes of this Subsection 0 of Section 12 stall not apply to other City assume1w La ra! into with Miami -pad, County, the Federal government or Arty other governmental any. Section 13. Xusuramre. (a) Prior to the eotitimtc, ,; of construction, but in no evert later than sixty (60) days att r the effective date of this Franchise Agreement and thereafter continuously throughout the term of this Franchise Agreement the Company shall furnish to the City certificates of insurance, approved by the City Manager, for all types of insurance ra luirvd under th s Section. (b) Commercial G.sacra1 Liability insurance vn a temp t/t 1, 4 vitenl liability coverage form, or its eytsivalent, the limits of ‘vhich shall not be less than Two Million Dollars (S2,000,000) per occurrence combined ainglc limit for bodily injury and property &mabc. }excluding, but not limited to. contractual liability, products and t omplased operations, personal injury, and premix; and 10 MAY-06-2004 14141 TECO 8133?53400 P.17 operatiose coverage against all clairn4, demands o,• editing, bodily injury, porsoaal injary, death Of propcnY damage occurring within the Franchise Area and resulting from the operations of the Company. The City shall be named as an Additional Insured oa such policy afinsurance. (c) Pollutioranvironmcntal Impairment Liability insurance coverage on an occurrent basis with limits of One Million Dollars ($),000,00f) per occurrence. providing coverage for the damage caused by spillage of ally haxaxdous substances, whether those substances are solid, liquid or gaseous. Said policy of insurance shall also provide ciivcragc for Cho cost of cleanup of the affected arra rind for the removal, transportation and safe disposal of WIy conusairuttod arca. The City shall be named as an Additional Insured on such policy of insurance. (d) Workers' Compensation iisura.,cc in the Amounts and types required by Chapter 440, Florida Statutes. (u) All policies of insurance n quiroi to be provided and obtained shall provide that they shall riot be emended or canccted on less tha.= Thirty (30) days prior written notice to doe City and shall be written by companies authorized to do business in the State of Florida and of recognized solvency and responsibility reasonably acceptable to the City. (I) 1n the event the Company is sd F insured, it shall provide the City with a espy of the Certificate of Self -Insurance, or rvidcucc thereof. (g) The City reserves the right to rctsonably;shod the herein ill -SWUM rcquiromcros by the issuance of a notice in writing to the Company. Section 14. Indemnification. The Company, 3.t additional consideration Ear the privilege and rights granted under this Franchise Agreement; shall, at its sole cost, fully indemnify, bold harmless and defend the City, its officers, ege lts. commissioners, and cmployLxv sg►irut and assume: s.il liability fur. any and all claims, suits, action, dartuirs, liabilities, sxpenditurc s, or causes of cations of any kind, including regulatory actions or claim Pertaining to violations of ortviranmcnral regulations or laws, arising from or in connection wllh this 7l MRY-08-2004 14;41 TECO 8133753400 P.18 Franchise Agreement, including but not limited to the construction, operation and maintesaocc of the System Facilities or the use of the Public Ways and rusting or accruing from any negligence, act, omission ar error of the Company, its *gents, or cn1pioy_a and/or arising from the failure of file Company, its agents or unnpioyixs to comply with tch and every covenant of this Franchise Agreement ar with any law. Ordinance ar rules or rvguluions pertaining to the use of the Publie'Ways resulting in or relating to: (i) bodily injury; (ii) loss of life or limb; (iii) damage to property sustained by any fimt, parson, corporation ar business entity; (iv) contarnii won of the environment by any material or substance dusmcd to be a hararrdous matenai or substance under applicable local, state or federal law, ibe Company stall save the City, its officers, agents, comrttissioners, and employees harmless from and against all judgments, orders, decrees. ati:orne).'s fees, costs, epiceltinnieg and linbilitit, incurred in and about any such claim, investigation or defense thereof which may be entered, incurred or menial as resuk critic forogoing. The Computy shall defend, at its sole coat and expense any such legal action. claim or proccoding instituted by say person or firm or corporation or business entity against the City, its otictrs, agents, commissioners and employees, Section 1S. Venire. If logal action is nectuary to enforce the terms of this Franchise Agreeanent exclusive venue :lull lie in Miami -Dads County Florida. Section 16, Law Governs. In any controversy or dispute under this Franchise Agra:mcnt. the; law attic Stuc of Florida shall apply without regard to conf le; of lava provisions. Section II, C113104rue With Lttwg. 12 MAY-06--2004 14: 41 TECO 8133?53400 P .19 The Company accepts this Franchise Agaa:mjkat :and hcrcby acknowledges that Company's compliance with ail applicable fodetal, state and local laws, ordina.nc and regulations is o condition of this Franchise Agreement. Section Ia. Notices. MI notices or other communications which rtwy be given pursuant to this Franchise Agreement shall be in writing and shall he domed properly served:f delivered by personal service or by certified mail ddrmsed to City and the Company at the sddrei; indiuund herein or as the :atoc may be changed from ime to time, Such notice shalt be cleaned given on the day on which personally served or if by certified mail, on the fifth day atter being posted or the date of actual receipt, wbichevrr is earlier. C1D' OP teAlvtl oMPAI. Ann. General Manager FPL Energy Services, lnc. 11770 U.S, highway One Suite .500 North Palm Brach, FI 33408 a t City ofMimru City Manager Office atilt City Msusagcr 444 SW 2 Avenue, 10't' Moor Miaad, FL 33130 Section IL. Failure of City to Enforeet No Waiver. The Company shall not be stied from complying with any of the tame and conditions of this Franchise: Agreement by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such term or conditiow. In addition to all remedies provided for fuller this Pranchise Agreement, the City shall have the right to apply to any coup of competent jurisdiction to ujcure judicial relief as it shall dcem proper. The City's eostJl and attomuy s foes' for such action shall be paid by the Company if a judgment or other relieris obrn aeci. 13 MAY-06-2004 14:41 TECO 8133753400 P.20 IN WITNESS WHEREOF. the patties hive cau*ed this Franchise Agrecm,cnt to be moaned by their duty authorized officers cr rcpresakuttirer, ctroctive as of the date first abort written. ATTEST: WITNESS • Signature ' Pant N►una Print Name (CORP. SEAL) CT?( OF MIAM1, a municipal corporation of the Stataof Florida By: LtttligN..r COMPANY: FI'L ENERGY SERVICES, INC, tar.. Pcoaident Print lc Print Title A.PPROVFI) AS TO INSURANCE AITROV REQUIREMENTS: COI • , CTN �.e Mario SoTdavilla Oivieion of Rink Mnnageraent. 14 iU ( 'D Alcjac•Vi,. to Ci . Attorney MAY-06-2004 14:41 TECO 8133753400 P.21 SERViCG wM EXHIBIT "A" The aervioe aroa for purposes of this Franchise: Agrccmeuit shall be defined as follows: ViDWItiTOWN Area bounded by, Inters I.95, N. E. and N. W. 20 Street, Biscayne Bay and the Miami River. JRJ KEi.L Agra bowled by lntarsratc 1.95, the Miami Rivcr, Tilcaytrc Bay and S. E. 25 Road. CIVIC C;NTS4B COMPLEX Area bounded by N. W. 14 Avenue, N. W..0 $tnx t, Ina:minte 1-95 and N. W. l 1 Strout, 15