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HomeMy WebLinkAboutExhibitExecution Version ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT This ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT ("Agreement") is made this day of , 2024 (Effective Date"), by and between CITY OF MIAMI ("Host") with the locations identified in Exhibit A, attached hereto (individually and collectively, as the context may require, the "Property") and Florida Power & Light Company, a Florida corporation ("Company"), with an address at 700 Universe Blvd CEA/JB, Juno Beach, FL, 33408. Host and Company are sometimes individually referred to herein as a "Party" and collectively as the "Parties." WHEREAS, Company desires to install and own electric vehicle charging and related equipment, including electrical power inverters, interconnection equipment, electrical wiring, underground conduit, wire and cable management systems, charging stations, electric meters, metering and switch cabinets, and power distribution boxes (the "Equipment") on the Property and Host desires to have the Equipment installed and agrees to permit Company to utilize the Property upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Use. During the Term, Host agrees that Company may use the Property for the purposes of, and has the sole right (at Company's cost and in Company's sole discretion) of, constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, removing (at any time), testing and replacing the Equipment and any additional equipment required to dispense electricity to charge electric vehicles for the Equipment, together with the following rights: (a) the right of ingress and egress 24 hours -a - day, 7 days a week; (b) the right, at Company's sole cost and expense, to paint/stripe and to install signage (in either case, in a manner substantially similar to the form attached hereto as Exhibit B) on and around the Equipment —any additional or substantial change from the depicted paint/stripe and signage in Exhibit B shall be approved in writing by the Host; and (c) Company's quiet enjoyment of the Property needed for purposes of this Agreement shall not be disturbed. The location of the Equipment is as described in Exhibit A. In the event that Company, in its sole discretion, determines that an easement is necessary for the sole purpose of connecting the Equipment to the electrical grid, then Host shall grant Company an easement in a mutually agreeable location in, on, over, under, through and across a portion of the Property to be identified by the Parties in the form attached hereto as Exhibit C. In the event that Company, in its sole discretion, determines that a site is no longer viable to install the Equipment, then the Parties can mutually agree, in writing, to a new site location and provide an amendment to Exhibit A. This will not impact other sites agreed upon in the Agreement. If the Parties mutually agree in writing, additional site locations can be added to this agreement and an updated Exhibit A will be provided. This will not impact other sites agreed upon in the Agreement. 2. Term. Subject to this Section 2, the initial term of this Agreement shall terminate on the tenth (10th) anniversary of the date on which commissioning for the Equipment was completed, which date shall be evidenced by receipt of acknowledgement the Equipment is operational in the form attached hereto as Exhibit D (the "Initial Term"), and unless terminated earlier as herein provided, shall automatically renew on a year-to-year basis after the Initial Term until the thirteenth (13th) anniversary of the date on which commissioning for the Equipment was completed (each year, a "Renewal Term," and each Renewal Term together with the Initial Term, the "Term"). If either Party elects not to renew this Agreement for a Renewal Term, then such Party must give a written notice of termination to the other Party at least 90 days prior to the expiration of the then -current Initial Term or Renewal Term, as applicable. In the event such notice is delivered, no further automatic extensions shall occur and this Agreement shall terminate at the end of the then - existing Initial Term or Renewal Term, as applicable. The Company may terminate this Agreement at any time and for any reason by giving 30 days' prior written notice to Host. 3. Cooperation. In general, the Parties agree to cooperate to achieve the purposes and intent of this Agreement. Host shall make any and all documents necessary available to the Company for the Company's efforts to obtain all permits, licenses and approvals necessary for the installation and operation of the Equipment. Company will not permit any lien against the Property arising from the installation or operation of the Equipment. Company shall (i) pay any personal property tax which is attributable to the Equipment, and (ii) be the sole recipient and beneficiary of any and all such federal and/or state tax credits, and other financial incentives arising from the installation and/or operation of the Equipment. The right to access and use of Host's electrical system(s) includes for purposes of powering Company's computer equipment used in monitoring the electricity dispensed from the Equipment and record system data to evaluate charging behavior. Host understands and acknowledges that Company and/or its contractors will gather data and information from the Equipment with respect to vehicle charging activity, vehicle usage and technical performance of the vehicle and Equipment. Company shall own all rights to such data and information. Host acknowledges that such data and information will be used and disclosed by Company and third parties for the purpose of understanding and evaluating the impact of electric vehicles on transit systems and the electric power grid, for use in regulatory reporting, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations. To the extent Host has access to the applicable information, the Host will share information reasonably requested by the Company (including, but not limited to, baseline data requests, electric vehicle information, visitor and employee counts, and user surveys), which all information shall be in accordance of Florida Statutes Chapter 119, as amended from time to time. The Company acknowledges the Host is to retain all of its sovereign prerogatives and rights as a city under Florida law and shall in no way be estopped from withholding or refusing to issue any approvals of applications for building, zoning, planning or development under present or future laws and regulations, and provider further that the City shall not intentionally withhold, scrutinize or delay approvals for compliant applications. 4. Payment of Electricity. Company is responsible for paying at consumption costs for electricity dispensed from the Equipment. -1- 5. Charge for Use of Equipment. Host acknowledges and agrees that Company will directly charge users of the Equipment for use of the Equipment pursuant to the then -applicable tariff rate. 6. Interference. During the Term, Host shall not Interfere, or cause or permit to be caused any Interference, with the Equipment. For purposes of this Agreement, "Interfere" and "Interference" shall mean interference with Company's use, operation, access, maintenance or repair of the Equipment including: (a) subject any portion of the Equipment to any lien or encumbrance unless the holder thereof delivers a non -disturbance agreement; and (b) sale, transfer, assignment, lease or sublease any portion of the Property other than subject to Host's rights hereunder. As Company shall be responsible for the maintenance of the Equipment, the Host will not maintain nor interfere with the Equipment in any way. 7. Insurance. Each Party will maintain at all times during the Term, the following insurance: (a) commercial general liability insurance with limits of One Million Dollars ($1,000,000) per occurrence combined single limit for bodily injury and property damage; (b) business automobile liability insurance with limits of One Million Dollars ($1,000,000) for bodily injury and property damage; and (c) workers' compensation insurance in compliance with Florida statutes. Such policy or policies shall be issued by companies authorized to do business in the State of Florida with a minimum A.M. Best financial rating of "A— VII". Company has the right to meet the insurance designated in this section through any combination of self- insurance, primary or excess coverage. Each Party, for itself and its respective insurers, waives any right to assert any claim against the other Party to the extent such claim is covered by the waiving Party's insurance. Each Party shall waive all rights of subrogation of its respective insurers. 8. Indemnification. Each Party (the "Indemnifying Party") shall indemnify the other Party (the "Indemnified Party") from and against all losses, claims, damages or expenses, including attorneys' fees, incurred by the Indemnified Party in connection with any claims for personal injury or death to persons and damage to property (including environmental damage) arising under this Agreement during the Term, to the extent arising from the negligence or willful misconduct of the Indemnifying Party, its agents, employees, representatives, contractors, affiliates or sub -contractors. Subject to the next sentence, neither Company nor Host shall be liable to the other for consequential, special, exemplary, punitive, indirect or incidental losses or damages or for any loss of use, cost of capital, loss of goodwill, lost revenues or loss of profit, nor shall any parent, subsidiary, affiliate or employee of either Party have any liability under this Agreement, and Company and Host each hereby releases the other and each of such persons and entities from any such liability. The foregoing exclusion shall not be construed to limit recovery under any indemnity or defense obligation of Host under this Agreement related to third party claims. In no event shall the aggregate damages payable by a Party hereunder for any reason whatsoever exceed Three Hundred Thousand U.S. Dollars ($300,000.00). Notwithstanding the foregoing, this Section 8 shall not be construed or interpreted as a waiver of Host's sovereign immunity and the limits established in Section 768.28, Florida Statutes. This section shall survive the expiration or earlier termination of this Agreement. 9. Equipment to Remain Personal Property of Company. The Equipment is and will remain the property of Company, its successors or assigns, regardless of its use or manner of attachment to the Property. Host agrees to execute such further documentation as is reasonably necessary to ensure that the Equipment does not constitute, and is not deemed to be, a fixture attached to the Property. 10. Representations. Each Party represents and warrants to and covenants with the other Party that: (a) such Party has full right, power and authority to execute this Agreement and that this Agreement shall bind and benefit the Parties and their respective successors and assigns; and (b) such Party's execution and performance of this Agreement will not violate any laws, ordinances, covenants or other agreement binding on such Party. Additionally, Host represents and warrants to Company that it has good and unencumbered title to the Property either free and clear of any liens, mortgages or other encumbrances, or if any lien, mortgage or other encumbrance exists, then such lien, mortgage or other encumbrance (or any environmental restriction) will not prevent the performance of this Agreement or burden or encumber the Equipment. 11. Default. An "Event of Default" means that a Party fails to fully perform any of its covenants under this Agreement within sixty (60) calendar days after such defaulting Party receives written notice of such default from the non -defaulting Party; provided, however, if such default cannot reasonably be cured within such sixty (60) day time period, defaulting Party shall not be deemed in default hereunder if defaulting Party has commenced to cure such default within said sixty (60) day time period and thereafter continues with diligence to complete the cure of such default. 12. Remedies. Upon an Event of Default as set forth in Section 11, non -defaulting Party may (i) perform, or cause to be performed, on behalf and at the expense of defaulting Party, any or all of the undertakings or obligations as to which defaulting Party remains in default, in which event defaulting Party will reimburse non - defaulting Party for such actual reasonable costs and expenses, within forty-five (45) days following receipt of invoice and supporting documentation; (ii) exercise any remedy that such non -defaulting Party may have at law or in equity and (iii) terminate this Agreement upon 30 days' prior written notice if the defaulting Party has not cured such default by the expiration of such 30-day period. Notwithstanding the preceding sentence, Host may not perform any right or obligation of Company under Section 1 or take any other action that relocates or physically alters any of the Equipment. 13. Assignment. Neither Party shall assign this Agreement or any interest herein without the prior written consent of the other Party; provided, that the Parties acknowledge that the Equipment may be covered by Company's utility financing structure. 14. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to this Agreement shall be in writing, signed by the notifying Party, or officer, agent or attorney of the notifying Party, and shall be deemed to have been effective upon delivery if served personally, including but not limited to delivery by messenger, overnight courier service or by overnight express mail, or on the third (3rd) business day after posting if sent by registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: To Host: Office of Resilience and Sustainability, 444 SW 2nd Ave., 2nd Floor, Miami, FI 33130 -2- To Company: To the VP of Development at the address set forth in the Preamble above with an e-mail copy to FPLEVolution@fpl.com. 15. No Guarantees or Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PARTIES ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING ANY GUARANTEES (INCLUDING GUARANTEES OF PERFORMANCE) OR WARRANTIES OF ANY KIND, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), UNDER THIS AGREEMENT. 16. Additional Equipment. In the event Host desires to have installed on the Property any additional electric vehicle charging and related equipment, the Host shall notify Company, in writing, of such desire and Company shall, within 30 days after the receipt of such notice, notify the Host in writing of the terms and conditions pursuant to which Company is willing to so install such additional equipment. If the Parties cannot agree on the terms and conditions for installing such additional equipment within 60 days after the Host's receipt of Company's terms and conditions, then the Host may engage a third - party to so install such additional equipment; provided, however, the Host shall use commercially reasonable efforts to share (or cause such third party to share) data and information from such additional equipment with respect to vehicle charging activity, vehicle usage and technical performance of the vehicle and such additional equipment. 17. Removal or Sale at End of Term. Within ninety (90) days after the expiration of the Term, Company shall, in its sole discretion, either (a) remove all charging stations installed by Company at the Property under this Agreement or (b) agree to sell such charging stations to Host on terms and conditions mutually agreed upon by the Parties. In the event of removal, Company shall, at Company's expense, return the area where the Equipment was located to a condition substantially similar to prior to the installation of the Equipment, except for any underground infrastructure and concrete equipment pad(s) installed pursuant to this Agreement (which may be left in place) and ordinary wear and tear. Company shall not be obligated to replant trees or shrubs in connection with the foregoing obligations. 18. No Agency or Partnership. Nothing in this Agreement shall constitute the naming of Host as an agent or legal representative of Company. This Agreement shall not be deemed to create any relationship of agency, partnership, or joint venture between the parties hereto, and neither party shall make such representation to anyone. 19. Public Records. Company understands that the public shall have access, at all reasonable times, to this Agreement, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the Host and the public to the Agreement subject to disclosure under applicable laws. Company's failure or refusal to comply with the provisions of this section may result in the Host's immediate cancellation of this Agreement. Company shall produce a copy of this Agreement subject to the provisions of Chapter 119, Florida Statutes within five (5) business days of the City's written request for such records. 20. Miscellaneous. (a) Compliance with Laws. Each Party shall perform its obligations under this Agreement in accordance with all applicable codes, laws, rules, regulations, orders and ordinances of federal, state, regional, local and municipal governmental agencies. (b) Amendment. No modification, waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. (c) Governing Law; Waiver of Jury Trial. This Agreement shall be subject to and governed by the laws of the State of Florida, without regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction in the State of Florida. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. (d) Severability; Counterparts, Publicity. Should any provision of this Agreement be held, in a final and un-appealable decision, to be either invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the Parties shall negotiate in good faith to restore insofar as practicable the benefits to each Party that were affected by such ruling. This Agreement may be executed in counterparts, in electronic or physical form, which together shall constitute a single instrument. Neither Party shall issue any press release or otherwise publicize the existence or the terms of this Agreement without the prior written approval of the other Party, which approval will not be unreasonably withheld or delayed; provided that general advertising that refers to a "partnering" (or other terminology of similar import) of either Party with the other Party for the purposes of any of the transactions contemplated hereby, but does not expressly reference this Agreement or disclose any of the terms hereof, shall not be subject to the provisions of this subsection. Filings required by applicable law for any regulatory authority shall, by itself, not be deemed to violate the preceding sentence. -3- IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized officers as of the date first above written. Host: By: Name: Arthur Noriega Title: City of Miami City Manager Company (Florida Power & Light Company): By: Name: Tim Oliver Title: Vice President FPL Development ATTEST: THE CITY OF NIIA3II, A MUNICIPAL C ORPORATION OF THE STATE OF FL ORIDA BY: BY: Todd B_ Hannon Arthur Noriega City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO EtiSUR4\CE CORRECTNESS: REQUIREMENTS: BY: BY: George K_ Wysong III Ann -Marie Sharpe City Attorney Director of Risk Management Execution Version Exhibit A —Location of Equipment (cont.) Property Address: Regatta Park — 3500 Pan American Dr, Miami, FL 33133 (District 2) Number of Spaces: Up to 4 Map: NORTH Transformer located in wale area, east of the proposed chargers and sidewalk The transformer will face south to alma for R' clearance to the front of transformer FPL Evolution charger to be placed facing west, in line with parking stall. Propose 4 chargers, but will need additional stall for ALA complaint stall and striping. -5- Exhibit A —Location of Equipment (cont.) Property Address: Lot 19-2 - Miami, FL 33130 (District 2) Number of Spaces: Up to 4 (future expansion) Map: Nobel' 'CONTINGENT ON SURVEY RESULTS. Transformer to be installed on northern center island where potted tree is cu rrentty located_ EV Chargers to be installed on the northern end of the lot near the transformer and on the asphalt to not impact the pavers. Current parking stall length is 21 ft. Installing the charger n frond of the sta II will reduce the stall length by - 4 ft, leaving the length of the stall to he 17 It May need to install bolkrds. May limit the sae of vehicle that can park here_ "COMPACT" *i....i.. Ds El .i.a..m..n- 0 Ell n ia.... 0 ® FPL FPL Evolution Fast Chargers Lot 19-2 .. rsFy ...v.. Ac.v.,.F Faa RR iliso n_2 lia �.,.. .tt..i Ye, Li . _.. ® Designed w: Ea a a,r 3 so �� Drawn1r PAM ike.13, Ding No. 10f1 has Latino 0' inn awan. O. aural Lin sec ppg SWP pri 5,R pgig E. ran wtrinenuexn 0. mn. 0. SCALE. PITS 1 St.ISNIP, ink 1 criuspno. WI. -6- Exhibit A —Location of Equipment (cont.) Property Address: Lot 19-4 - Miami, FL 33130 (District 2) Number of Spaces: Up to 6 Map: Notes, •CONTtN G ENT ON SURVEY RESULTS* Transformer to be installed near the southern property line of the parking lot In between the existing potted trees. No impact to pavers in this area. The center island on the north side has pavers and did not have space for the transformer. EV Chargersto be installed on the soutern end of the lot near the transformer and on the asphalt to not impact the pavers. Current parking stall length is - 21 ft Installing the charger in front of the stall wil reduce the stall length by -4 ft, leaving the length of the stall to be -17 ft. May need to install bollards. -, w T .,- ev,.y i ai d ...., ... Ckx ❑ y.. a ❑ ® ,.....-..,�, ., I± ❑ FPL Fat Evolution Fast chargers Lot19-4 ,,..„v �._ .<, ❑ ® ttrh R.. ca„pur Smte Roar F. ° 3 0 0 v.:®`,..a. :,,. :.Ig,aaby ��� eta o1/_„,_, w. . _ for C. wuu.us. 0 ualwanxc. aso..,..o„.....A p ow o scats. nrs I nti.VsrNo. I eri map NO. erarw -7- Exhibit A —Location of Equipment Property Address: Gibson Park — 350 NW 13th St, Miami, FL 33136 (District 5) Number of Spaces: Up to 2 Map: Transformer bcated in Swale area, E2 ft from the southern sidewalk and 40 ft from western sidewalk The INtransformer will face west se that landscaping can be installed on south and east perimeter. . FPL Evolution charger to be placed facing west, 20 ft away from each other for the length of the parking stall -8- Exhibit A —Location of Equipment (cont.) Property Address: General Morazan Park — 799 SW 4th St, Miami, FL 33130 (District 3) Number of Spaces: Up to 2 Map: Transformer located In park perereter fence, wtsideot me baseball fiedfence teat Evolution charger to be © sit aced facing northwest, fadrg the Slanted chive in panting space. Charger to be graced n here of parking seal. -9- Exhibit A —Location of Equipment (cont.) Property Address: Shenandoah Park - 1800 SW 21st Ave Miami, FL 33145 (District 3) Number of Spaces: Up to 2 Map: NORTH Transformer loeated in Swale area in the alley faring SW 17' En FPL Evolution chargerto be placed faring south, 20 ft away starting from fire hydrant for first parking stall, Additional 20 ft away for second parking stall -10- Exhibit A —Location of Equipment (cont.) Property Address: Charlie DeLucca Park — 455 NW 47th Ave, Miami, FL 33126 (District 1) Number of Spaces: Up to 4 Map: NORTH Transformer faceted near ift station transformer 275 ft. south of p ropased dispenser location. Alternate transformer location inside of park along the perimeter near dispensers. FPL Evolution charger to be placed facing west, in the Swale area along NW 47' Ave, and south of the driveway entrance to the park. -11- Execution Version Exhibit A —Location of Equipment Property Address: West End Park — 6030 SW 2nd St, Miami, FL 33144 (District 4) Number of Spaces: Up to 2 Map: L ' I 1`I.1 I !! I 61fIfEl No 1 �I : ICI li ■ Transformer located along the nothern property line, within the park property line, facing north towards the sidewalk. FPL Evolution charger to he placed facing north, Dual Port charger to allow for one owt to Peed both stalls tt city cowry Rd it MAD writ. CR. List FPL oinonind 6,r West End Park Public Fast Chargers eopp tn, MI CF.. by'. nog No- tart Lay cite Fir 0' Rural Location Se. TWP. S,R. - kottotot e gt e ❑ Amy. New Transformer within City Park 1111 11/ blitithidliTial NIP 1 FPL Evolution Fast Cha ger with 2 ports a _ i 611 II ei ES Oli all ill tissoetrosllt �f%� o t ' ..as . ... ti '?\51ggkiLlI17%vs1ul1IG1, /. PRALINE INCIPAL FRONT BACK LINE 1ST LAVER, PER MAM ;ND LAYER. PER MIAMI 21 3ROLAYER, PER MWM129 I' A1D2 SCALE: N.T.S I :t Lt Mao No. PoMari Mc_ WR M/n WO -12- Exhibit B—Form of Signage Parking Stall Signage (-12" x -18") rC Electric Vehicle harging Parking Stall Striping -13- Execution Version Exhibit C—Form of Easement Agreement Work Request No. EASEMENT Sec._, Twp_S, Rge_E (BUSINESS) This Instil -nit iL Prwmed Pastel 1..d_ nm,re. i#ian[zoned byCoi nyAPPra ) Co,Name: Addret& The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adeu and receipt of which is hereby acknowledged, grant and glue to Ftnr� a Power & Tight Company, Its aff-dlates, licensees, agents. SILICtatzSinitS. and assigns (1 FL}, a non- exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, pales_ guys, cables_ conduits and appurtenant equipment) to be Installed from time to time: with the right to reoarstrucx improve, add to, enlarge. change the voltage as well as the size of, and remove such facilities et any of them within an easement described as follows. See Exhibit "A' ("Easement Areal kstem.tam Together with the right to permit any other person, firm, or corporation to attach wires to any facirttes hereunder and lay cable and Conduit within the Easement Area and to operate me same for 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 ail trees, undergrowth and other obstructions within the Easement Area: the right to trim and cut and keep trimmed and cut all dead, weak. leaning or dangerous trees or Curbs outside of the Easement Area, wrilth might interfere with or fall upon the Tines or systems of communications or power transmission or dislrtution; and further grants. to the finest extent the undersigned has the power to grant_ If at all, the rights hereinahove granted on the Easement Area heretofore described, owner, along, under and across the roads, streets or highways aiJoihing or through said Easement Area. IN S+tlTNESS WHEREOF, the undersigned has signed and sealed this Instrument on , 20 _ Signed, sealed and delivered in the presence of: Print rums: Kumane rs gn 1L I (wilnexsi Prirrt Name: (1.111111etS ngiMilirej (Wilnets Entity name By: Part Name: Pfiit Address: STATE OF AND COUNTY OF _ The foregoing instrument was atkrhowAedged before me this day of , 20, by , the of a , who Is personalty known to me or has pnixtuced as identification, and vino did {dki net Lake an oath_ {Type di tdeeliiibigeni My Canin e E hats: N altryrmac, PYi1L Mott -14- Exhibit D — Commencement Letter FPL Date Host Company Name Street Address City, State, Zip Attn: Host Title RE: Initial Term under the Electric Vehicle Charging Equipment Agreement (the "Agreement") dated April 30th, 2024 by and between Host Business Name (the "Host") and Florida Power & Light Company (the "Company') regarding the property commonly known as Property address (the "Property" ), as more accurately described in the Agreement. Host Title: We are writing to notify you that the commissioning of the Equipment at the Property was completed on April 30', 2024. Therefore, the initial Term, as defined in Section 2 of the Agreement, shall commence on April 30'h, 2024, and terminate on April 29'h, 2034 We look forward to our partnership. Please don't hesitate to reach out with any questions or comments. Thank you, Tim Oliver Vice President of Development Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 -15-