HomeMy WebLinkAboutFR/SR Exhibit 1Mi;1`--06-2004 14: 36
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FRANCHISE AGREEMENT"9.1--1,
BETWEEN
FPL ENERGY SERVICES, INC.
A.ND
THE CITY OF MIAMI
This franchise is authorized pur ant to Ordinance N
Cry of Miami Commission an .2 G_
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passed and adopted by the
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TA LE OF CONTENTS
Scct+on ] Dcfnition.s 1
Section 2 Grant 3
Section 3 Franchise Fcc 3
Section 4 Term of Franchise: 5
Section 5 Assigruncxit and Transfer 5
Section 6 Use of Public Ways s
Section 7 Removal of Sy star Facilities; City Right to Purchase 7
Sccticn $ Records 7
Section 9 Forfciturc and Te mitt don (
Sion 1 0 Police Powers 1
Section 11 lnteidepcndatt Pruvixioru q
Section 12 Non COmpetc Ott r City Agreements 9
Section 13 rnsurunee y
Secclon.14 lndcmnifrcetion 10
Section 15 Venue 11
Section 16 Law Governs 11
Section 17 Compliance With Laws Rules and Regulations 11
Section 18 Notices 11
Sc on 19 Failure of City to i:afortc: No Waive 11
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s HIS—T ANCH1SE AGREEMENT mule and entered into this
e
, 199d, by and ixcwe.ni FPL ENERGY SERVICES, INC., Q Florida
corporation, its successors and assigns, whose nun i ng cddtesa u 9250 West Hagler Street, Miami, Florida
33174 and the CITY OF MIAMI, a municipality oldie State of Florida, its successors and assiGns, whose
maiting address is 3500 pan American Drivc, Miami, Florida 33133.
NOW THEREFORE, in considcratiott or the .premises, covenants of the parties and terms and
coaditiond nut forth below and other goal and vaivablc consideration, the sufficiency of which is hereby
Acknowledged, the parties agree as follows;
x.
Section 1, Ddaitions "cc�
•.a,
For the purpose of this Franchise E,greccnern the following terms, phrs3ct and wq
:. �.,,
have the follorwurg meaning, �,r,'-'
a
r
ia) "Ad -Valorem TaxLm" means a tax bused upon the assessed value ot'rea3tand Firsonal
•
property as dunrmincd by the property tax appraiser of huami-Dade County or its successor,
(b) 'Actual Ad Vaiortm-Taxes" means the amount of tag: that the City receives from the total
Ad -Valorem Taxes cellecto:1 by Miami -Dade County from the Company.
(c) "City' ITUMu the City of Miami, a municipal corporation of the State of Florida.
(d) "Company" means FPL ENERGY SERVICES. INC., a Florida, corpotation, iu successors
and assign, whose mailing address is 9250 West P agler Street, Miami, Florida 33174.
(c) "Franchise Array" means that portion of the City for which this franchise is granted, which
is specifically described in Exhibit `A_ attached hereto and by this reference rnadc a part hereof.
(t) 'Franchise Yeas" (i) the "Erse Franchise Year" shall coasiat of the period of time
commencing an the Effective Dec and ending on Scptembtz 30, 1994: (ii) the second Franchise Year shall
consist of tvweive consecutive months commencing on October 1, 1998 and ending on September 30, 1999;
arid (iii) each and every twelve corucxvtivc months thereafter throughout the term of this Franchise
Agrecrrau shall constitute a franchise year.
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{g) 'Grose kewnuc f means am auil alt LeYmivrs_dcrivrrd-by_rlw--Cornpaaly-frown-the
chilled water or swam for the purpose of providing dist►ict cooing, heating, and related services within the
frsnchuo Arta, including but not limited to, r...r rwc From rk ular scrviccf4.,.,, installation and cosnoctioit
charrta, oquipnient rentals and charges, and maintmano; charges.
(h) "Ordinance" means Ordinance No. /!G:.t paiacd and adopted on .= .I C. by the
City Commission authorizing the City Manager to t iC1L: this Franchise Agrumcrit and providing for an
effective date.
(1) "Oversight Board" means the Emergency Financial Oversight Board of the State of florida
which is empower l to review and approve &I pending City contracts.
(0) "Pubflc Ways" means the surface and the subsurface of any public atroet. path. alley,
sidewalk, boulevard, drive. bridge, waterways or other public right-of-way held or haeaftA r held by the
City. No reference in this Franchise Agreement to the Public Ways shall be dccmcd to b: a representation
or guarantee by the City that its title to or jurisdiction °set any property is sufficient to permit its use for
the purposes contemplated by this Franchise Agreement.. and teat: Company shall under the privilege granted
hereunder be deemed to gain only the rights to teat the praperty in the Public Ways as the City may have
the undisputed right and power to give.
k) "System Plant" means s facility or carers! plant producing chilled water or steam usud in
the provision of district cooling and heating services.
(1) "System FaclllUes" means distribution mains. pipes, conduits, wire, related cquiprocnt. and
all outer facilities to be installed In , upon, along or below the Public Ways for providing district cooling
and heating services to buildings looted in the Franchise Area, excluding the System Plant.
Section 2, Grant.
The City grants to the Company a non -occlusive right, privilege and franchise to con truct, operate
and maintain in. wades. upon, along, over Ind aerate th: Pablic Ways within the Franchise Area. in
accordance .with customary practices with respect to their coastruaion and TtIliMMIITICA the System
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Faeilicica for the Rurp_tac_,of_Liclivoring_.chilled-w car-steam-to-buiidin gsibcatcC wz07ia thc Franchise
Area.
This Franchise Agreement shall become r.ff'ecbve. after bcirkg fully exeeu*ed by tho City and the
Company, on the date approved by the Oversight Ftoa.rd (thc "E(Tcctivc Date").
The granting of the Dm- xclusive francbi .v crib yd hen:in shall nor pnxludc or provide a basin
for denying any qualified third party application For a non-exclusive franchise to construct, opertslc and
maintain a distribution system for the delivery of chilled water and/or steam to provide efficient }gluing and
c-0oIing to existing and future developments, both public: and private, within thc City of Miami, including
the Franchise Area. Any subsequent qualified third party franchise application shall be afforded the same
expedited review aid approval process applied to the instant application.
Section 3. Franchise Fee
(a) For cash and Lwszy Franchise Ycasr without funhcr demand, set-off or abatement, the
Company shall pay in lawful currency of th; United Stattia at the address provided for in Section is herein
fra.nchiac fop in the ronowina amounts:
1. The first franchise Year. The Company ahatt. on or before Septanbor 30,
1998 pay to the City franchise fees for the Ent Frani:hite Yk=yr in thc .mount oronc hundred fifty thousand
($1 S 0, 000).
2, Tho Second Franchise Yr. The Company shall, on or before September 30,
1999 pay to tho City frakehlse foes for the second Franchise Year in an amount which shall be the greater
of one pertetrt of the estimated Gross Rm:rums for that Franchise Your or two hundred thousand dollars
(S200,000) ); provided, however, that such payment shall be uljust.xl on the 30th of November following
such payment and credit given to the City or the Campo ty, as appropriate; based upun any difference
betwixt' the aauai and estirna.tad Gross Revenues,
3. The Third and F.wrtt Frartchjjc V. _ For the third quad fourth FrastchiseYcar:,
the Company shall pay to the City the following xmourrcy;
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tij cn or fi 3D h ".xpk lb,;r of each individual Franchise Year tie grt*ur
of: on: percent of the 4ttimattd Grocs Revenues for that Franchise Year or one
hundred thousand dollars (S100,000); provided, however. that such payment shall
ha adjusted on the 3fhft of Niivetnber following each such payment and credit
given to the City or the Company, as appropriate, based upon any dif 'er nee
between the actual and est irnatcd Gross Rrvcnues; and
(ii) an or before flit 30th death November immediately following the and of each
such individual Franchise Year an amount, itany, Otich when added to the Actual
Ad -Valorem Taxes paid by the Company which wcrc due and payable as of the
ist of November immediately following the end of each of the third and fourth
Franchise Ye'r d scull �be not less that one hundred thousand (S100,000)
Clonal a.
Exjj I. Aziurne that in the third Franchise Year the Company p -Actual & .
Valorem Taxes due far the ca.icn4 s year of 2000 in the amount of S20.000, Then the
Company, in addition to the amountall,
paid
under Section 3(a(ii), shall, on or before
Novcrttber 30. 2000 pay to the City an amount in the sum of eighty thousand dollars
(S10,0.00),
Example & 2. Assume that in the Fourth Franchise Year the Company pays Actual Ad-
Valorem ,Tuts due for the calendar rear of 20n 1 in the amount of $1311.462. he
Company shall not owe to the City any additional sum of mosey, and the total franchise;
fee due for the fourth Franchise Y.:ar alai( consist of au.: amount paid under Section
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11 is wndct-deed,--agreed-arul-tiffmut9 [list-thT: foregoing rmvisions neither directly nor indirectly
exempt the Company from its obligations to pay taxes, and arc not intended to affect in any way Lily
obligations of the Company with rtspeet to the payment of laxcs. which obligations shall bc mot u full.
4. Er• wilJise V r ai J finch*. War. Commencing on the first day of the
fifth Francbuc Year and ash and every month thereafter until sixty (60) days after the expiration of the
tenth Franchise Year, the Company shall pay fiaitichist; fees in the amount of two (2%) percent of Gross
Revenues for the monthly billing period or am Company ending sixty (60) days prior to each such monthly
payment,
5. ran i Ycar ou h FiJtnth Frdn�hi Year. Commencing on thc first day
of the eleventh Franchise Year and each and every month thereafter until sixty (60) days after thc
expiration of the fifteenth Franchise Year. the Company shall pay franchise fees in the amount of three
(3%) percent of Gross RcYanucs for the monthly billing period of the Company ending sixty (60) days
prior to each such monthly payment
6, i n Y outth 'Y �nr.bfranchise yew. Commencing on the
first day of the sixrxenth Franchise Year and each and every morph thcrcafter until sixty (60) days after
the expiration of the cam of this franchise Agrirmcrt, the Company shalt pay franchise Tees in the
amount of four (4%) percent of Gross Revenues for the monthly billing period of the Company ending
sixty (60) days prior to each such monthly payment.
(b) Etch monthly £rurchise fa paymenr shall bc accompanied by a statn<rnvt,r c14.-41-iy showing
the Gross Revenues of the Company, certified by a,r official or represectative of the Company having the
requisite knowledge to produce such a statement.
(c) truly franchise fcc payme,st is not made; sal or before the applicable dates specified above,
interest shad be charlr d from the data duo at thc annual rave or 2'%s ori.v Prime Rate (as published in the
Wall Street journal) computed daily.
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Sectiod 4.
Terns-of-franchist.
Tiic frxnehtsc and the rights, privileges and authority granted hereunder shall tskc effect
cots maieing on thc effective date of this Franchise Agreement and shall continue in force and effect for a
term of thirty seven (37) years•
Section S. Assiputtcnt Iu,d Trrrtskr.
No sale, assignment or transfer of the privilege; granted under thus Franchise Agreement or salc or
lease of the System Facilities, or any portion thereof, shall be cffacrive unless the Company shall have filed
written Waite thereof with the City Clerk at feast sixty (60) days prior to thc scheduled date of such sale,
assigrtmem, ar transfer, and unless, subsequent to the filing of such notice. thc City Coreursissioc shall have
by Ordinance approved and consented to such sale, assigtvnent or transfer, which consent shall not be
unreasonably withheld; and provided, however, the Company may sell, transfer or assign this Franchise
Agrcemcnt to its parent, or to any subsidiary orafliLioto ‘'ideout the consent othee City Commission.
Scctioa 6. Use of rublic Ways.
(a) Interf.trelice with persons. )moroyements. Public andPriyarc
'The System Facilities shall be located and mairstaiaed so u:
(i)
cot to endanger or toted rt with the health of safety of persons;
(ti) not ua unreasonably interfere with the frte and proper use of the Public
Ways, .
(b) Px1s Uti1j e .
Prior to construction, the Company shall contact any company or person which Dar bah electric,
water, cable, talcphonc, or other utilities located within the construction arm of thc Franchise Arca and
shall be rosporaible for any relocation or adjustmau cons of such facilities as may be roluircd for the
canstrucdort of the Sysurn Facilitios.
(c) =,tea tier nst of Contrrucpon piths S tt"n'LFaci$tivs.
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'tile locui-on—end n'tacaner of construc:10a "--a the System Facilities shall be established and all
construction work in connection therewith shall be permitted under such rcaaonablc rules and relations
which the City Manager or hi! design= may prescribe pursuant to Scction 337.401. Florida Steen s and in
ticoorclancc with all applicable provisions of the Charter and Cods of the City or Miami, inclu4itg withour
limitation the provisions of Section 54, during the term btn M Such rules or regulations, however, shaiI
not prohibit the exercise of the Company's right to usti t .c Public Ways.
(d) RcCQm•+a!, of Public Ways,
In case any portion of thy: Public Ways, is excavated by the Company or otherwise disturbed the
Company shill. at its own cast and in a mariner approval by the City Manager or his designee, replace and
reswn the portion of the Public Way so excavated or disturbed in as good condition as before the work
was commenced and in a skillful, timely manner in accordance with the stwtdruds for this work set by the
City.
(c) Nothing in this Section shall be construed to nuke the City liable to the Company
for any cos or expense in connection with the ccnstrualon, reconstruction or relocation of the System
Facilities in the Public Ways made necatary by widening, paving, storm drainage or otherwise improving
Public Ways (Lhe 'Sidewalk or Street improvcmcnt"), accept then the Co►nluny shall be. entitled to
reimbursement of such costs and expenses from fiords ow -noble from sources other than the City as may bc
provided by law. Howe cr, prior to the design of the Sidi:walk or Street Improvement, the City 3b41! meet
with the Company In determine in good faith want to such cost and capatcc to du: Company cart
rzasortably bc minirsiized, .
Section 7. RrtrwVal of System Facilities: City's Right to Purchases
At the expiration of the tenn of this Franchise Avvement, or upon its termination as provided for
in Section 9 hereof, the Company sha]1, immediately, if ncccnsary and upon written notice by the City,
rcrrnove at its own expense all System Fsciiit a witlxio the Franchise Ares, and repair *d restore the
surface of etc Public Ways to its original condition. The City reserves the right to purchase the System
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Fecilitieso3r-xrry portion -theme. —The pure last trice to be paid to i�Company for the Syetrrn Facilities
shall be based upon the cost of reproduction at the time, of rueh purchase by the City, l s depreciation to
the date of such purchase, plus severance costs and gousg concern value. Nothing herein shall rogi,irc thc
City to exercise either of these options.
Section B. Records.
(1)
The City shall have. the right, upon rea,sonah)a notice to the Company and at
reasonable time, hours, dates and frequencies, u) inspect cal or any pan of the Company's records and
documeJts in to,ruction with the calculation of freneho,e foes due under this Franchise Agreement,
(b)
Within 120 days of the cad of each Franchise Year. the Company shall prepare
and file with thc City an annual audited report prepared ay t)i Company of Gross Revenues.
(c) The City nhall haw the night, at its discretion, to direct an audit of the Gross
Revenues. Tf the audit determines that the financial repots of the Company regarding masers set Forth in
subaccciou (b) of this Section is in error by s margin of 33/4 or mac, the cost of the audit A*.11 be borne by
the Company. This audit shall not be performed on a cattangascy fec basis.
Section 9, Forfeiture or Termination of the Franchise.
(a)
Failure on the part of the Conijur.y to =imply in any svbstuttiol respect with any of the
provision of this Franchise Agrecnicrit aha.11 be grounds far rorreiture of this franchise' and tho privileges
granted hereunder, but no such forfeiture shall take effect if the reasonableness or propriety thereof is
disputed by she Cathparty until a court of competent jurisdiction (with right of appeal in either parry) shall
have found that the Company has failed to comply in a substantial respect with any of the provisions of this
Franchise Agreement.
(b) A substantial bread by the Company shall Include, but not be limited to: (i). failure to
make timely payments to thc City of the franchise rocs, which failure is not cured within thirty (30) days
from notice of unto violation: (ii) failure of the Company to derive Gross Revenues upon which the City
can rccaivo franchise fug fora period of Eve (5) consecutive Franchise Years, excluding the fine four
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Free cltit c leis: seer 1ti) v eArkearms .ofarty other material proration of this Franchise Agseoricn,t or any
material rule, ordcr, regulation of the Ciry appli.rablc co the Company's cont-truant:. maintenance and
operation or the System Facilities, which violatirnr by the Company continues Fur a pCriod of thirty {3t1)
days following written demand by the City, and there is no written proof that corrective action has been
taken or is bang actively and expeditiously pursue. pnwided, however, than as to the violations described
in (ii) (iii) of this Sub-sooion 9(b), the foregoing shall not corstitutc a substantial breach if the violation
occurs but is without fault of the Company or if it occurs as a result of circumstance beyond its direct
control such as war, civil dirnubance, natural catastrophe and other acts of God.
Section 10. Pollee Powers.
In accepting this Franchise Agreement, the Company acknowlodgos that its tights under this
Franchise Agreement are subject to the police powers or the City, the state, Miami -Dade Counry and the
falcral government to adopt and enforce laws, reeks and regulation and general ordinances necessary is
the safi-ry and welfare of the public, {the 'Police Pcwcrs"), and agrees to orunply with all applicable laws,
tvltand rtgulationa and ordinances enacted by the City. the ware, Miami -Dade County and ilia federal
government pursuant to their Police Powers. The City acknowledges t}131 the Company by recognieng the
existence of the Policc Powers does not waive any &cense or right that the Company may have with respect
to the exercise of the Police Powers.
Section 11. Iaterdepvndestt Provisions.
The provisions of this Franchise Agreement,are interdepeedcnt upon one another, and if any of the;
provisions arc found or adjudged to be imrslid, illegal, void or of no effect, the entire Franchise Agreement
shall be null and Void and of ato force or effect; provided however. that in the evert that this Franchise
Agreement i! declared null and void as provided for herein, the Ciry shall nevertheless be entitled to receive
payment of the pro -rats payment of franchise fees due and payable for that Franchise Year in which such
termination occurs.
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Section-1 2: Non-Compctc;-Otker-City*erwmcrtu.
A) Asa further cnrtuideration. during the term of this Franchise Agreement, or any rxtensian
tbcrcot the City apccs not to engage in the busintss of distributing and idling chiliad Waters steam or
related services in competition with the Company, its successors or Assigns; provided. however. out die
City is not prohibited or prccludod from installing, cJperating and maintaining chilled water or steam
distribution system within the City, including the Publicc. Ways within dte Franchise Area for purposes of
servicing City owned or operated facilities.
B) Asa further consideration, during the term of this Pranchisc Agreemcn[, or any extension
thereof, the City agrees that in the event that the City atvardi a franchise a rcvmcrtt to install. operate and
maintain a alined water or zumm distribution sys:cm within the Public Ways within the Franchise Arca
("0t.11wr City Agreements") v.fiieh contains a provision for she: payment to the City of franchise foes in
amounts loss than the amounu provided for under Sextiun 3 of this AI,-ruartcret, the Company shall be
entitled to bcrtcft from such more favorablk payment warts and the City agrees to amend this Franchise
Agreement to incorporate) a similar payment schedule., provided, however, that the terns of this Subsection
13 of Section 12 shall not apply to other City agraznaits a►tenud into with Miami.Darle County, the federal
government or any other gavenurterital agency.
Section 13. insuranee.
(a,) Prior to the come rrzranen: of commentstt, but in ao event later than sixty- (60)."
days atter the effective date of this Franchise Agreement and thereafter continuously throughout the term of
this Franchise Agreement the Company shall furnish to Mc Ciry =rtifnrstes of insurance, approved by the
Ciry Manager, kar all types of insurance n uinad urukr th:e Suction.
(b)
Corrusiercial Calera! Liability insurance .on a compnh uivc gcencral Iiabilhy
covaaso form, or its equivalent, etc limits of tvbidt shall not be less than Two Million Dollars
(S2.000,000) per occurrence combined single limit ibr bodily injury and property ehunaje, including, but
not limited to, contractual liability, products and con pletad operations, personal injury, and prrmiscs and
10
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oprsaiionraovcratc-a,gadace-,li-cta7mt a--or-titicu r,-boditr iniuTY. i zrroaal1njury, de3Zh a property
age occurring within the Franchise Arra a.od resulting from the operations of the Company. The City
shall be named as an Additional Iusumd oo such psticy of insurance.
(c) Pollution/Environmental Imp3irnlCnt Liability insurance coverage on an
occurrence basis with limits of One Million Dollars (S1,000,000) per ocwrrencx. providing coxrige: for
the damage caused by spillage of any hazardous substances, whether those substances are solid, liquid or
gasccsi.. Said policy of insurance shall also provide ccn+crnge for the cost of cleanup of the affected area
and for the removal, transportation and safe disposal of any contaminated area. The City shall be named as
an Additional Insured on such policy of insurance,
(d) Workers' Compcnlation insurance in the nmounta and types required by Chapter
4.40, Florida Suttees.
(C) All policies of insurance noquirii to be provided and obtained shall provide that
they shall not be emended or canceled on less rha.t Thirty (30) days prior written notice to the 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 du City.
(f) In the event the Company is self -insured, it shall provide the City with a copy of
the Ct>ttif tale of Sclf-Iasuraocc, or evidence thereof.
(g) The City reserves the right to rctsorably ariuud the bereia insurance rcquinzncstts
by the issuance of twice its writing to the Company,
Section 14. !ndcmnificaLion.
The Company, as additional consideradon Lar the' privilege and ri}tts gaantexd under this Franchise
Agreement, shalt, az itx sole cost, hilly indemnify, gold harmless and defend the City. Its officers, agents.
conunissiane.ta, and crnplayrxI spinet and sumo III liability for, any and all claims, suiu, actions,
damages, liabilities, 6.-xpcaditures, or catsot of actions of any kind, including regulszary actions Of claims
peruiaing to violations of onvirnnmontal regulations or I216►3, arising from or in connection with. this
Franchise -Agroernent.- -incluciing-but-not-limitecl-to -the --constroction.,--apYcration and lnantenuce or the
System Facilities or the use of the Public Ways and rusruiting or accruing from any negligence, art,
omiuioo or trror of the Company, its agents, or cn1loyeoc andlar arising from the failure of the Company,
its agrnts or employ s to comply with kch and every cartnant or this Franchise Agreement or with any
law, ordinance or rule; or rvgulatianrr IN'rtaining to the vat oldie Public'Ways resulting in or rdlating to:
(I) bodily injury,
(ii) loss of life or limb;
(iii) damage to property sustained by any fur% person, corporation or business
entity;
(iv) contamination of the crivironrnent by any material or substance duped w
be a hazardous maternal or subsiancc under applicable local, state or federal law.
The Company shall save the City, its otEcers, agents, cortuttissiocsors, and employees harmless
from and against all judgmonte, orders, docrccs, anomc; s fees, coats, expenses and liahiliens incurred in
and about any such claim, investigation or defense thereof, which may be entered, incurred or.asscssod as a
result of the foregoing. The Company 'hall defend,at its sole cost and expense any such legal action, claim
or proceeding instituted by any person yr firm ur corporation or business entity against the Ciry, its
officers, agents, cornmissioners and employees,
Section 15. Venue;
If Toga) action is necessary to enforce the terms of this Franchise Agreement exclusive venue shall
lie in Miami -Dade County Florida.
Section 16. Law Govenu.
In any oonttavcny or dispute under this Franchise Agremait. the Iaw of the State of Florida shall
apply without regard to eoz lkt of laws provisions.
Seetiost I7. Compliance With Laws.
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The_ -Company—a ta—this.--Fria+elisc—Agrum• i— J- rzby acknowledges that Coney's
compliance with all .pphicabk fodcral, state and local laws, ordiria.neo and regulations is n condition of
his Franchise Agreement.
Section 18. Notices.
All nosiab or other communications which may bc given pursuant to this Franchise Agreement
shall be is writing and shall bc deemed properly served if delivered by personal service or by certified mail
addressed to City and the Company at the address indi:nt8d herein or as the same may be changed from
time to time. Such notice slnll be deemed given tin the day on which personally served or if by certified
mail, on the 6fth day after being posted or the dzte of anual receipt, whichever is earlier,
Sri 4p _MIAM I
City of Miarni
City Manager
Office cite City Manager
444 SW 1 Avoaue, 1 fl* Ploor
Miami, FL 3 313 0
Section 19. Failure of City to Enforces No Waiver.
COMPANY
Ann. General Manager
FAL Energy Services, lac.
11770 U.S. l- igbwzy One
Suite SOO
North ?Alin Back. Fl )3408
The Company shall not be mewed from complying with any of the terms and conditions of this
Franchise: AgrcamiSnL by any failure or the City upn,t any one or more occasions to insist upon or to sock
compliance with any such term or conditions.
in addition to all remedies provided for under this Franchise Agroernetu, the City shill Jive the
right to apply to any cart of campewrtt jurisdiction to wcure judicial relief s9 it shall deem proper, The
City's costs and anonony+s fag for such action shall he paid by the Company if a judgment or other relief is
obtained.
13
1N Win43Z5 Of. _n_aruice_havc cauuad_tintsirmariiix-Agertacat-to-0e--t oatfld-,y---
their duly authorized officas or reprauntati.ca, clrxtive as of the dote first above written.
ATTEST:
•
wI `N ESS':
Signature '
Print Nauna
. 2.,/
f .rTY OF MIAMI, a tnunicipu1 corporation
of the Sint of Florida
By:
onager
COMPANY:
FPL ENERGY SERVICES, INC,
Tarr1J, iA iar, Pro+tident
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Print Warne
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Print Name
(CORP. SEAL)
U'PROVRT) AS TO INSURANCE APPROV -
REQ U IREM.ENTS: COI • . CTN
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Mario Soldovilla
Division of Riak Management,
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Ci . Attorney