HomeMy WebLinkAbout2008-418 05
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FPL,
FPLA=unt Number. =§Emv
FPL Work Order Number. imm
STREET LIGHTING AGREEMENT
In aCooldance with the foilowtng temrs and conditions, Indian River Couniv (hereinafter piled the Customer), requests
on this day of December. , from F DA POWER 8& LIGHT COMPANY (hereinafter called FPL)s a cg
under the laws of the State of Florida, the fbWrlg installation or modification of street f ) boundaries)
organized and existing
located in Vero t3eachllnd� River Florida lighting facilities at (general boundaries) 4520 62"� Ave,
(city/county)
(a) Installation and/or removal of FPL-owned fag irw described as foilows:
Lights Installed
FD�re9 Fodure Type # Installed Lights Removed
RMI
Fbdure Rating Fodure Type # Removed
in Lumens
P Installed C'ondudors Installed
�� Poles Removed Conductors Removed
Pole # Installed Pole T 0 Removed
0 Feet not Under Paving 0 Feet not Under Paving
0 Feet Under Paving 0 Feet Under Paving
(b) Modification to existing facilities other than described above (e) plain fully).-NLA
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows;
FPL AGREES:
1 . To Install or modify the street lighting faOfts described and identified above {hereinafter called the Street Lighting System),
famish to the
Customer the electric energy necessary for the operation of the Street Lighting System, and fumish such other services as are
Agreement, all in accordance with the terns of FPL's currentlyspecified in this
Commission (FPSC) or any successive street lighting rate schedule tiie�FSC rete schedule on file at the Florida Public Service
THE CUSTOMER AGREES:
2. To pay a contribution In the amount of $2 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 FPL's 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
wdsfing 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-of-way or
easements required by FPL to accommodate the street fighting facilities.
vane ► otx
IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under this agreement, other than far 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 fighting facilities:
b. the removal of street lighting facilities; and
c, the removal of street fighting facilities and the replacement of such facilities with new facilities and/or additional facilities.
Modifications will be subject to the costs Identified in FPVs currently effective street lighting rate schedule on file at the
FPSC, or any
successive schedule approved by the FPSC.
B. FPL will, at the request of the Customer, relocate the street fighting facilities covered by this agreement, if provided sufficient right-of--ways
or
easements to do so. The Customer shag be responsible for the payment of all costs associated with any such Customer- requested relocation
of FPL street fighting facilitiee. Payment shall be made by the Customer in advance of any relocation.
9. FPL may, at arty time, substitute for any luminaire/lamp installed hereunder another luminaimflamp which shall be of at least equal illuminating
capacity and efficiency.
10. This Agreement shag 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 shag be extended automatically beyond the initial the (10) year tens 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 fighting facilities covered by this agreement are removed, either at the request of the Customer or through termination
or
breach of this Agreement, the Customer shag 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 otheiwise 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 terns and conditions of this Agreement.
13. The obligation to furnish or purchase service shall be excused at any tens 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 shag not have the obligation to furnish 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 an 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.
16. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and
the
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
the terns of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and
FPSC
Rubs shall control, as they are now written, or as they may be hereafter revised, amended or supplemented.
IN WITNESS WHEREOF, the parties hereby caused this Agreement to be executed in triplicate by their duly authorized representatives to
be effecfivve as of the day and year first written above.
Charges and Terms Accepted :
Indian River. County FLORIDA POWER & LIGHT COMPANY
Customer (Print or type name of Organization)
i
BY: By:�L
Signa ure (Au Re resentative) (Signature)
Wesley S . Davis Cathy Kemp
(Print or type name) (Print or type name)
Titre: Chairman Title: Construction Services ReoresentAe
ative
AND LEGAL SUFFICtENCY
BY WILLI : �:
K. DEBRAAL
DEPUTY COUNTY ATTORNEY