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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 neve facilities and/or additional facilities.
<br />Modifications will be subject to the costs identified in FPUs 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 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 IuminaireAamp installed hereunder another luminaire/lamp which shall be of at least equal 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 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. This
<br />Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall 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 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 termination or
<br />breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities
<br />provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the
<br />FPSC) plus removal cost.
<br />12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of otherwise fail to perform the obligations contained in
<br />this Agreement, said obligations being material and going 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 breach of this Agreement. Any failure of FPL to exercise its
<br />rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or
<br />service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and
<br />conditions of this Agreement.
<br />13. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by
<br />strikes, lockouts, fires, riots, acts of God, the public enemy, or by cause or causes not under the control of the party 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 />temporary or entire shut -down of service which, in the sole opinion of FPL, is reasonably necessary for the purpose of repairing or making more
<br />efficient all or any part of its generating or other 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 />r.
<br />16. Tf� A$reefliertt subjec tc
<br />FPL! Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the
<br />FtCfles of tP9C,-as they aPR written, or as they may be he
<br />revised, amended or supplemented. In the event of any conflict between the
<br />'1 40 this AgreemeM end the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules
<br />shall,control, as theyvar� ww n, or as they may be hereafter revised, amended or supplemented.
<br />/lit WITNtB. VG�FIEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duty authorized representatives to
<br />-be,e ir[B as athe day and yaerlirst written above.
<br />Charges end Terms Accepted'. FLORIDA POWER & LIGHT COMPANY
<br />' INDIAN }itVER COUNTY BOCC
<br />Customer (Print or,,VM name of Organization)
<br />Signature (Authorized Representative)
<br />or type name)
<br />Title:
<br />DELBERT LYNN
<br />Title: CUSTOMER PROJECT MANAGER
<br />APPROVED AS TO FORM
<br />AND L GAL SUFFIC C
<br />BY
<br />WILLIAM K. DEBKAAL
<br />DEPUTY COUNTY ATTORNEY
<br />
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