HomeMy WebLinkAboutBack-Up From Law DeptHernandez, Julia D.
From: Mendez, Victoria
Sent: Tuesday, June 03, 2014 12:49 PM
To: Hernandez, Julia D.
Cc: Quirke, Amanda L.; Gomez, Marta
Subject: FW: FPL easements
Attachments: Tariff Sheet 9.775 B.pdf; Tariff Sheets 6.020.pdf
Victoria Mendez, City Attorney
Board Certified, City, County and
Local Government
City of Miami Office of the City Attorney
Telephone: 305-416-1832
Facsimile: 305-416-1801
victoriamendez@miamigov.com
Assistant: Rosa Gomez (305) 416-1825
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constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it
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From: Quirke, Amanda L.
Sent: Tuesday, June 03, 2014 10:57 AM
To: Mendez, Victoria
Cc: Min, Barnaby; Quirke, Amanda L.
Subject: FPL easements
This is the last correspondence with FPL re: easements. They basically told us it is part of the PSC rules and tariff forms
approved by the Board, and thus cannot be modified.
Amanda L. Quirke
Assistant City Attorney
City of Miami Office of the City Attorney
Telephone: (305) 416-1851
Facsimile: (305) 416-1801
alquirke@miamigov.com
Litigation Assistant: Tania Mickens (305) 416-1820
Disclaimer: This electronic mail is intended only for the individual or entity named within the message. This electronic mail may contain legally
privileged and confidential information. If you properly received this electronic mail as a client or retained expert, please hold it in confidence to
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protect the attorney -client or work product privileges. Should the intended recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney -client privilege. If the reader of this message is not the intended recipient, or the agent
responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution, or copying of this
communication is prohibited by the sender and to do so may constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. Section
2510-2521. If this communication was received in error, we apologize for the intrusion. Please notify us by reply e-mail and delete the original
message. Nothing in this electronic mail shall, in and of itself, create an attorney -client relationship with the sender.
Please consider the environment before printing this electronic mail.
From: Sheitelman, Seth[mailto:Seth.Sheitelmanffpl.com]
Sent: Friday, April 11, 2014 11:28 AM
To: Quirke, Amanda L.
Subject: City of Miami - Distribution Easement Form
Amanda,
It was a pleasure speaking with you today. Attached please find our most recent version of the FPL distribution
easement form.
As we discussed, the FPL Tariff is a document approved by the Florida Public Service Commission (PSC) and governs FPL's
relationship with its customers. More specifically, the attached easement form is approved by the PSC as Tariff Sheet
No. 9.775. Section 2.9 of Tariff Sheet No. 6.020, also attached, provides "The Customer shall grantor cause to be
granted to the Company and without cost the Company all rights, easements, permits and privileges which, in the
opinion of the Company, are necessary for the rendering of service to the Customer." Florida Administrative Code
section 25-6.033 provides "Each utility may adopt such additional nondiscriminatory rules and regulations governing its
relations with customers as are necessary and which are not inconsistent..." Lastly, Florida Statutes, section 366.03,
provides "No public utility shall make or give any undue or unreasonable preference or advantage to any person or
locality, or subject the same to any undue or unreasonable prejudice or disadvantage in any respect."
In order to assure consistency and to avoid preferential treatment of one customer at the potential expense of another
customer, we require the use of the standard and unmodified PSC approved easement form. We require the use of the
standard form whether we are providing service to individuals, corporations, or governmental entities, without regard
to whether they are wealthy or poor, powerful or powerless. If we make the requested modification for your client,
then we must make it for every other customer, and that will defeat the purpose of having a standard easement form.
Thus, I trust that this e-mail has been responsive to the inquiry regarding our rationale for declining the request to
modify our standard easement form. Notwithstanding, I remain available to discuss further.
Thanks and please feel free to call me anytime as needed.
Regards,
Seth S. Sheitelman, Esquire
Senior Attorney
Florida Power & Light Company 1700 Universe Boulevard LAW/JB I Juno Beach, Florida 33408-2683
Tel 561.304.5954
Information in this message is confidential and may be legally privileged. It is intended solely for the person to whom it
is addressed. If you are not the intended recipient, please notify the sender and please delete the message from your
system immediately.
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FLORIDA POWER & LIGHT COMPANY
Second Revised Sheet No. 9.775
Cancels First Revised Sheet No. 9.775
EASEMENT
(BUSINESS)
This Instrument Prepared By
Sec. Twp Rge_E
Name:
, ,
Parcel I D #
•
Co. Name:
(Maintained by County Appraiser)
Address.
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 licensees, agents, successors, and assigns ("FPL"), a non-
exclusive easement forever for the construction, operation and maintenance of overhead and
underground electric utility facilities (including wires, poles, guys, cables, conduits and
appurtenant 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 1
See Exhibit "A" ("Easement Area")
Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the
easement and to operate the same for FPL's 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; 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 heretofore described, over, along, under and across the roads, streets or
highways adjoining or through said Easement Area.
(Continued on Sheet No. 9.776)
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: May 24, 2011
FLORIDA POWER & LIGHT COMPANY
Third Revised Sheet No. 9.776
Cancels Second Revised Sheet No. 9.776
(Continued from Sheet No. 9.775)
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
Signed, sealed and delivered
in the presence of:
(Witness' Signature)
Print Name
(Witness)
Print Name
(Witness' Signature)
(Witness)
By:
Print Name.
Print Address.
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged
before me this day of , by , and
respectively the
who is personally known to me or has produced as identification, and who did
(did not) take an oath.
(Type of Identification)
My Commission Expires.
Notary Public, Signature
Print Name
Issued by: S.E. Romig, Director, Rates and Tariffs
Effective: May 24, 2011
FLORIDA POWER & LIGHT COMPANY
Ninth Revised Sheet No. 6.020
Cancels Eighth Revised Sheet No. 6.020
2,2 Availability of Service. The Company will supply electric service to any applicant for service throughout the territory it serves, subject to the following
conditions: should an extension of the Company's facilities be required, the Company will pay for the cost where justified, in the Company's opinion, by revenues
to be secured; however, the Company may require monthly or annual guarantees, cash contributions in aid of construction, and/or advances for construction, when
in the Company's opinion, the immediate or potential revenues do not justify the cost of extension. If faoilities are requested that are not usual and customary for
the type of installation to be served, the Company may require a contribution in aid ofcoesnuction based upon the incremental cost of the requested facility. All
contributions in aid of construction will be calculated in accordance with applicable rules and regulations of the Florida Public Service Commission. If the
installation of facilities is justified based on the Customer's estimates for electric power but there is reasonable doubt as to level of use or length of use of such
facilities, the Customer, when mutually agreeable with the Company, may contract for a minimum Demand or monthly payment saff1cient to justify the Company's
investment. Upon request, written information will be supplied by the Company concerning the availability and character of service for any desired location, The
Company will not be responsible for mistakes of any kind resulting from information given orally.
2 3 Point of Delivery. This is .the point where the Company's wires or apparatus are connected with those of the Customer. The point of delivery shall be
determined by the Company.
2.4 Character of Service. Alternating current is supplied at a frequency of approximately sixty cycles. Standard nominal voltages are 120 or 120/240 volts for
single-phase service and 240 volts for 3-phase delta service. Where three-phase "Wye" service is provided, the standard nominal voltages are 120/208 or 277/480
volts. In some locations other voltages are available. The Company will furnish information regarding Character of Service on request.
7,5 Continuity of Service. The Company will use reasonable diligence at all times to provide continuous service at the agreed nominal voltage, and shall not be
liable to the Customer for complete or partial failure or interruption of service, or for fluctuations in voltage, resulting from causes beyond its control or through the
ordinary negligence of its employees, servants or agents. The Company shall not be liable for any act or omission caused directly or indirectly by strikes, labor
troubles, accident, litigation, shutdowns for repairs or adjustments, interference by Federal, State or Municipal governments, aots of God or other causes beyond its
control.
2 6 Temporary Service. Temporary service refers to service required for short-term exhibitions, displays, bazaars, fairs, construction work, houseboats, dredging
jobs, and the like. It will be supplied only when the Company has readily available capacity relines, transformers, generating and other equipment for the service
requested. Before supplying temporary service the Company may require the Customer to bear the cost of installing and removing the necessary service facilities,
less credit for salvage.
2.7 Indemnity to Company, The Customer shall indemnify, hold harmless and defend the Company from and against any and all liability, proceedings, suits, cost
or expense for loss, damage or injury to persons or property, in any manner directly or indirectly connected with, or growing out of the transmission and use of
electricity on the Customer's side of the point of delivery.
2 71 Indemnity to Company - Oovemmeptel. Notwithstanding anything to the contrary in the Company's tarif, including these General Rules and Regulations for
Electric Service, the Company's Rate Schedules, and its Standard Forms, any obligation of indemnification therein required of a Customer, Applicant, or QF, that
is a governmental entity of the State of Florida or political subdivision thereof ("governmental entity"), shall be read to include the condition "to the extent
permitted by applicable law."
2.8 Aces to Premised. The duly authorized agents of the Company shall have safe access to the premises of the Customer at all reasonable hours for the purpose
of installing, maintaining, and inspecting or removing the Company's property, reading meters, trimming trees within the Company's easements and rights of way,
and other purposes incident to performance under or termination of the Company's agreement with the Customer, and in such performance shall not be liable for
trespass.
2,9 Right of Way. The Customer shall grant or cause to be granted to the Company and without cost to the Company all rights, easements, permits and privileges
which, in the opinion of the Company, are necessary for the rendering of service to the Customer.
3 LIMITATION OF US&
3.1 Resale of Service Prohibiter!. Electric service received from the Company shall be for the Customer's own use and shall not be resold. Where individual
metering is not required under Subsection (5)(a) of Section 25-6.049 (Measuring Customer Service) of the Florida Administrative Code and mastering metering is
used in lieu thereof, reasonable apportionment methods, including sub -metering, may be used by the Customer solely for the purpose of aliocating the cost of the
electricity billed by the utility. Any fees or charges collected by a Customer for electricity billed to the Customer's account by the utility, whether based on the use
of sub -metering or any other allocation method, shall be determined in a manner which reimburses the Customer for no more than the Customer's actual cost of
electricity.
For the purpose of this Rule:
(1) Electric service is "sub -metered" when separate electric meters are used to allocate among tenants, lessees or other entities the
monthly hill rendered by FPL to the Customer for electric service, when these tenants, lessees or other entities are charged no
more than a proportionate share of such bill, based on their monthly consumption as measured by such meters.
(2) Electric service is "resold" when separate electric meters are used to °barge tenants, lessees or other entities more than
a proportionate share of the Customer's monthly bill.
Issued by: S. E. Romig, Director, Rates and Tariffs
Effective: December 2, 2004