2008-255 - Laserfiche WebLink

Home Browse Search

b. the removal of street lighting facilities; and c. the removal of street lighting facilities and the replacement of such facilities with neve facilities and/or additional facilities. Modifications will be subject to the costs identified in FPUs currently effective street lighting rate schedule on file at the FPSC , or any successive schedule approved by the FPSC . 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 easements to do so. The Customer shall be responsible for the payment of all costs associated with any such Customer- requested relocation of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocation. 9. FPL may, at any time, substitute for any IuminaireAamp installed hereunder another luminaire/lamp which shall be of at least equal illuminating capacity and efficiency. 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 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. 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 Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have given 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 ninety (90) days before the expiration of the initial ten (10) year term , or any extension thereof. 11 . In the event street lighting facilities covered by this agreement are removed, either at the request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the original installed cost of the facilities provided by FPL under this agreement less any salvage value and any depreciation (based on current depreciation rates as approved by the FPSC) plus removal cost. 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 this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service 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 rights hereunder shall not be a waiver of its rights. It is understood, however, that such discontinuance of the supplying of electric energy or 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 conditions of this Agreement. 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 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 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 , 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 efficient all or any part of its generating or other electrical equipment. 14. This Agreement supersedes all previous Agreements or representations, either written , oral or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not create any rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. 15. This Agreement Shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. r . 16. TFC A�reelmertt iS`subjec tc FPL ! Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of t�'Fp9 'as they arra written, or as they may be hereafter revised, amended or supplemented. In the evert of any conflict between the this AgreemeAtndtfie provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall,control, as they riowwritten , or as they may W hereafter revised, amended or supplemented. I(Y IMTNtS. VdFIEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duty authorized representatives to -be,e as athe day and yaerIlrst written above. Charges end Terms Accepted'. FLORIDA POWER ✓!i LIGHT COMPANY ' INDIAN RIVER COUNTY BOCC /Customer (Print or name of Organization) 4K &00 J*Q�� By: Signature (Authorized Representative) (Signature) Sandra L . Bowden , Chairman (Print or type name) DELBERT LYNN Title: Title: CUSTOMER PROJECT MANAGER APPROVED AS TO FORM AND L GAL SUFFIC C BY WILLIAM K. DEBKAAL DEPUTY COUNTY ATTORNEY