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2008-229
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2008-229
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Last modified
4/7/2016 1:10:36 PM
Creation date
10/1/2015 12:26:15 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/15/2008
Control Number
2008-229
Agenda Item Number
8.R.
Entity Name
Florida Power and Light
Subject
Gifford Street Lighting District
Area
4550 67th Ave., 4565 58th Ave., 4730 58th Ave.
Project Number
3178514
Alternate Name
FPL
Supplemental fields
SmeadsoftID
7496
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b. the removal of street lighting facilities; and <br /> c. the removal of street lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. <br /> Modifications will be subject to the costs identified in FPL's currently effective street lighting rate schedule on file at the FPSC , or any successive <br /> schedule approved by the FPSC. <br /> 8. FPL will , at the request of the Customer, relocate the street lighting facilities covered by this agreement, if provided sufficient <br /> right-of-ways or <br /> easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation <br /> of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation . <br /> 9. FPL may, at any time, substitute for any luminaire/lamp installed hereunder another IuminaireAamp which shall be of at least equal <br />illuminating <br /> capacity and efficiency. <br /> 10 . This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter <br /> for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension <br /> thereof. <br /> The date of initiation of service shall be defined as the date the first lights are energized and billing begins, not the date of this Agreement. <br /> This <br /> Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall <br /> have given <br /> written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and shall be given <br /> not less than <br /> ninety (90) days before the expiration of the initial ten (10) year term, or any extension thereof. <br /> 11 . In the event street lighting facilities covered by this agreement are removed , either at the request of the Customer or through <br /> termination or <br /> breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost <br />of the facilities <br /> provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved <br />by the <br /> FPSC) plus removal cost. <br /> 12. Should the Customer fail to pay any bilis due and rendered pursuant to this agreement of otherwise fail to perform the obligations contained <br /> in <br /> this Agreement, said obligations being material and gang to the essence of this Agreement, FPL may cease to supply electric energy or service <br /> until the Customer has paid the bills due and rendered or has fully cured such other breech of this Agreement. Any failure of FPL to exercise <br /> its <br /> rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of <br /> electric energy or <br /> service shall not constitute a breech of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms <br /> and <br /> conditions of this Agreement. <br /> 13. The obligation to fumish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement <br /> by <br /> strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes riot under the control of the party <br /> thus prevented from <br /> compliance and FPL shall not have the obligation to fumish service if it is prevented from complying with this Agreement by reason of any partial <br />, <br /> temporary or entire shut-down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making <br />more <br /> efficient all or any part of its generating or ober electrical equipment. <br /> 14. This Agreement supersedes all previous Agreements or representations, either written, oral or otherwise between the Customer and FPL, with <br /> respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights <br /> or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. <br /> 15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. <br /> 16. This Agreement is subject to FPUs Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service <br /> and the <br /> Rules of the FPSC , as they are written, or as they may be hereafter revised, amended or supplemented . In the event of any conflict between <br /> the <br /> terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC <br /> Rules <br /> shall control , as they are now written, or as they may be hereafter revised, amended or supplemented. <br /> IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to <br /> be effective as of the day and year first written above. <br /> Charges and Terms Accepted : FLORIDA POWER & LIGHT COMPANY <br /> INDIAN RIVER COUNTY BOCC <br /> Customer (Print or type n e of Organization) <br /> By: By: <br /> Sig ure (Auth - ed egp"sentative) (Signature) <br /> Sandra L . Bowden -. <br /> (Print or type npme) DELBERT LYNN <br /> Title: Cha1rrmn E , . Title: CUSTOMER PROJECT MANAGER <br /> rr <br /> tV <br /> unty Ad inistrator <br /> PPROVED AS TO FORM <br /> AND LEGAL <br /> /SUFFICE IE)NCiy- <br /> BY <br /> WILLUM IL DEBRAAL <br /> DEPUTY COUNTY ATTORNEY <br />
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