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Home My WebLink About2008-255g FPL Account Number. 721854 3333 FPL Work Order Number. 312 STREET LIGHTING AGREEMENT _!!• •:!- "1 I • • • • r• • I• + Il.�_l JILL_ • :��y_.` IL YN 1 +" • C• Asti • 1 + ♦: IIS: 1 fromFLORIDA•WER & LIGHT COMPANY MereiroW r,'c• corporationorganmed and existing under the lawsof the ric of Flonda, the fbibAV installation or modfication of shad lighting facilities at (gmwal boundarW)M9&MjME.T..Lj9HT DISTRICT, boated in SEBASTIAN , Florida. (city/county) r. :I• • • • •• r, u I . 7 I To L:f •:• r 7 1 •.• • ti +-r. c• • ti • c• lu .I • ru •- +ter. :• rl - -...r • 11 •- • c• • 11 • ••, VI• • .11+"I • h Iw •I 1 -•SCh •-• _•• - JI • 1 •L- • • 1 ��I;�'•rt+'j�T7\.]�__�7_`�1•I�� iS_i' FPL AGREES: • +-Y • •• I "11 • I• _r�l� •�►'•_•1177M •l it1 • I +"• 1 - 1hl - 1 • 1fA\. • 1 - ••L _1• • I X11 • I • "11 • f •I fY.. •1f 1• •• 1 accordance I the termof C currently - Lhl shed lightingrateschedule • the Florida •Service • \. •. (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $0000 prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Street Lighting System. 4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPUs currently effective street lighting rate schedule on file at the FPSC or any successive street lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non -FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facilities associated with the Street Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that conflict with construction, and drainage of rights -0f --way or easements required by FPL to accommodate the street lighting facilities. IT IS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of an additional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is defined as the following: a. the addition of street lighting facilities: 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. Tf� A$reefliertt subjec tc FPL! Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the FtCfles of tP9C,-as they aPR written, or as they may be he revised, amended or supplemented. In the event of any conflict between the '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 shall,control, as theyvar� ww n, or as they may be hereafter revised, amended or supplemented. /lit WITNtB. VG�FIEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duty authorized representatives to -be,e ir[B as athe day and yaerlirst written above. Charges end Terms Accepted'. FLORIDA POWER & LIGHT COMPANY ' INDIAN }itVER COUNTY BOCC Customer (Print or,,VM name of Organization) Signature (Authorized Representative) or type name) Title: DELBERT LYNN Title: CUSTOMER PROJECT MANAGER APPROVED AS TO FORM AND L GAL SUFFIC C BY WILLIAM K. DEBKAAL DEPUTY COUNTY ATTORNEY a @ 3AMI is r -4(n