- 148 - binding on” December 31, 1985. The conference report clarifies that “The general binding contract rule applies only to contracts in which the construction, reconstruction, erection, or acquisition of property is itself the subject matter of the contract.” H. Conf. Rept. 99-841 (Vol. II), supra at II-55, 1986-3 C.B. (Vol. 4) at 55. The agreement for the SJRPP, dated April 2, 1982, is entitled “Agreement for Joint Ownership, Construction and Operation of St. John’s River Power Park Coal Units #1 and #2 Between Jacksonville Electric Authority and Florida Power & Light Company”. The agreement states part of its purpose as: “WHEREAS, the parties desire to provide for the construction and operation of Coal Units 1 and 2 by JEA and FPL in accordance with this Agreement”. Section 2.1.4 of the agreement states that “This Agreement * * * [constitutes] legal, valid and binding obligations of FPL enforceable against it in accordance with their terms”. Section 3 of the agreement describes the ownership and construction of the SJRPP. Subsection 3.7 states: At or before Closing, JEA, as agent, shall establish a separate account or accounts in the name of the Co- owners (the “Construction and Plant Account”) * * *. The Co-owners shall pay into the Construction and Plant Account (i) in proportion to their Ownership Interests amounts of Costs of Construction * * *. Such payment into the Construction and Plant Account shall be made in accordance with Section 3.8 hereof. * * *Page: Previous 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 Next
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