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FLORIDA POWER & LIGHT COMPANY Fifth Revised Sheet No. 9.725 Cancels Fourth Revised Sheet No. 9.725 UNDERGROUND FACILITIES CONVERSION AGREEMENT- GOVERNMENTAL ADJUSTMENT FACTOR WAIVER This Agreement, which is available to customers that sign the Agreement on or before October 30, 2009, is made and entered into this 1'" day of~ , 2et, by and between CITY OF SUNNY ISLES BEACH ("Local Government Applicant"), a Florida municipal corporation or county with an address of 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 and FLORIDA POWER & LIGHT COMPANY ("FPL"), a Florida corporation with an address of P.O. Box 14000, 700 Universe Boulevard, Juno Beach, FL 33408-0429. WHEREAS, the Local Government Applicant has requested that FPL convert certain overhead electric distribution facilities located within the following boundaries (the "Conversion"): Along Atlantic Isle in Sunnv Isles Beach. FL (see attached drawings. WR # 3085448) (collectively, the "Existing Overhead Facilities") to underground facilities, including transformers, switch cabinets and other appurtenant facilities installed above ground as set forth in Attachment A hereof (collectively, the . "Underground Facilities"). NOW THEREFORE, in consideration of the foregoing premises and the covenants and agreements set forth herein, and other consideration the sufficiency of which is hereby acknowledged, the parties intending to be legally bound, hereby covenant and agree as follows: 1. Governmental Adjustment Factor Waiver ("GAF Waiver") Eligibility Criteria. The Local Government Applicant represents and warrants that it meets the following eligibility criteria for the Conversion: a. In order for the Conversion to incorporate a sufficient amount of overhead facilities to provide electrical continuity, the Conversion must include a minimum of approximately 3 pole line miles or approximately 200 detached dwelling units within contiguous or closely proximate geographic areas (the "Conversion Area"). The Conversion may be completed in mutually agreed upon phases, with the project size minimums applying to the aggregate project - provided that any necessary subsequent phase begins within a I year period from completion of the prior phase and the minimums are met within, atinost, 3 phases; and b. The Local Government Applicant must require all customers within the Conversion Area who currently have overhead service directly from the Existing Overhead Facilities to convert their service entrances to underground within 6 months of completion of the Underground Facilities installation or each phase thereof; and c. The Local Government Applicant must be willing and able to execute a right of way ("ROW") agreement with FPL if the Local Government Applicant requests that facilities be placed in the ROW; and d. For any affected laterals, the complete lateral must be converted, including all stages of any multi-stage lateral; and e. There are no state or federal funds available to the Local Government Applicant to cover any portion of the cost of the Conversion. Special Circumstances. Conversions which do not meet the project size minimums described in section I.a are eligible for the GAP Waiver in the following special circumstances: i. 100% of the Existing Overhead Facilities within the Local Government Applicant's corporate limits are to be converted, but are less than the pole line mileage or dwelling unit minimums; or 11. A single lateral that serves at least one Critical Infrastructure Facility as determined by the appropriate local agency with the mutual agreement ofFPL; or iii. An island or peninsula where 100% of the Existing Overhead Facilities are to be converted; or (Continued on Sheet No. 9.726) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 4, 2007