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HomeMy WebLinkAboutAgreement_General_04/09/2009a. FPL FPL Account Number: 84098-22114 FPL Work Order Number: STREET LIGHTING AGREEMENT In accordance with the f lowing terms and conditions, Village of Teauesta (hereinafter called the Customer), requests on this~trday o~Nlarclr, 2009 ,from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation organized and existing under the laws of the State of Florida, the following installation or modification of street lighting facilities at (general boundaries) Teauesta, located in Teauesta/Palm Beach, Florida. (city/county) (a) Installation and/or removal of FPL-owned facilities described as follows: Lights Installed Lights Removed Fixture Rating Fixture Type # Installed Fixture Rating Fixture Type # Removed in Lumens in Lumens HPS0070 g7 HPS0100 330 HPS0150 151 HPS0200 1 g Poles Installed Poles Removed Conductors Installed Conductors Removed Pole T e # Installed Pole T e # Removed PMC 87 Feet not Under Paving Feet not Under Paving PMF 432 PMW 5 Feet Under Paving Feet Under Paving (b) Modifcation to existing facilities other than described above (explain fully):Ch anaes to Villaae of Tea uesta streetlight account based on field survey performed by LSS Survey group. That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPL AGREES: To install or modify the street lighting facilities described and identified above (hereinafter called the Street Lighting System), furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and furnish such other services as are specified in this Agreement, all in accordance with the terms of FPL's currently effective street lighting rate schedule on file at the Florida Public Service Commission (FPSC) or any successive street lighting rate schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $0 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 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-of-way or easements required by FPL to accommodate the street lighting facilities. Page I of 2 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 new facilities and/or additional facilities. 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 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 luminaire/lamp 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 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 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. 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 terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules 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 effective as of the day and year first written above. Charges and Terms Accepted Village of Teauesta FLORIDA POWER &tLIGF#T,COMPANY Customer (Print or type name of Organization) ~4 1 ;, li ---- 'L ` Signatur Auth ri e ntati , By. ~ '~• _ ignatu ) r y ' ~ L7.~'1 '~'"~ ~• \j` Jose Maldonado (Print or type name) (Print or type name) Title: - t 1~~1 Q. Q •Q~ Title: Construction Services Representative Pagc 2or2 Village of Teq sta Deletion Account # Com onent ID Corrected Grid # Grid Grid Number Corrected SL Address SL'Address Component T e Owned By Code :Action Code Deletion Code GPS-LAT GPS•LONG Pole Deletion Light Deletion 84098-22114 786740114-HPS0100001 67740 6-7740-8594-0-8 42 EL PORTAL DR HPS0100 F Deletion Not in field 26.958273 -80.111237 1 84098-22114 786740114-PMF0001001 67740 6-7740-8594-0-8 42 EL PORTAL DR PMF0001 Deletion Not in field 26.958273 -80.111237 1 84098-22114 713850701-HPS0070001 67740 6-7740-8683-0-0 RIVER DRAT PORTAL HPS0070 F Deletion Not in field 26.956975 -80.111565 1 84098-22114 683938904-HPS0100001 9297 67740 6-7740-8997-0-1 15 EL PORTAL DR HPS0100 F Deletion Not infield 26.958285 -80.111188 1 84098-22114 683938904-PMF0001001 9297 67740 6-7740-8997-0-1 15 EL PORTAL DR PMF0001 Deletion Not infield 26.958285 -80.111188 1 84098-22114 421694640-HPS0100001 67741 6-7741-4616-0-2 138 POINT CIR HPS0100 F Deletion Not in field 26.961087 -80.117273 1 84098-22114 421694640-PMF0001001 67741 6-7741-4616-0-2 138 POINT CIR PMF0001 Deletion Not in field 26.961087 -80.117273 1 84098-22114 612241840-HPS0100001 67741 6-7741-4846-0-2 212 RIVER DR HPS0100 F Deletion Not infield 26.964765 -80.117255 1 84098-22114 612241840-PMF0001001 67741 6-7741-4846-0-2 212 RIVER DR PMF0001 Deletion Not in field 26.964765 -80.117255 1 84098-22114 835447205-HPS0100001 67741 6-7741-6809-0-8 90 GOLFVIEW DR HPS0100 F Deletion Not infield 26.96008 -80.11456 1 84098-22114 835447205-PMF0001001 67741 6-7741-6809-0-8 90 GOLFVIEW DR PMF0001 Deletion Not infield 26.96008 -80.11456 1 84098-22114 174943214-HPS0100001 67741 6-7741-7302-0-4 73 GOLFVIEW DR HPSO100 F Deletion Not infield 26.959092 -80.113495 1 84098-22114 174943214-PMF0001001 67741 6-7741-7302-0-4 73 GOLFVIEW DR PMF0001 Deletion Not infield 26.959092 -80.113495 1 84098-22114 64550621-HPS0100001 67741 6-7741-7985-0-0 COUNTRY CLB & TEQUE A DR HPS0100 F Deletion Not infield 26.969867 -80.111627 1 84098-22114 886595804-HPS0100001 67741 6-7741-8215-0-1 99 W FAIRVIEW HPS0100 F Deletion Not infield 26.960698 -80.112102 1 84098-22114 886595804-PMF0001001 67741 6-7741-8215-0-1 99 W FAIRVIEW PMF0001 Deletion Not in field 26.960698 -80.112102 1 84098-22114 568478030-HPS0100001 67741 6-7741-9813-0-4 95 YACHT CLUB PL HPS0100 F Deletion Not infield 26.960892 -80.109637 1 84098-22114 568478030-PMF0001001 67741 6-7741-9813-0-4 95 YACHT CLUB PL PMF0001 Deletion Not infield 26.960892 -80.109637 1 84098-22114 234121406-HPS0100001 67840 6-7840-8288-0-2 430 DOVER RD HPS0100 F Deletion Not in field 26.957047 -80.097022 1 84098-22114 234121406-PMF0001001 67840 6-7840-8288-0-2 430 DOVER RD PMF0001 Deletion Not infield 26.957047 -80.097022 1 84098-22114 639463338-HPS0070001 67840 6-7840-9386-0-8 DOVER RD & SEABROO HPS0070 F Deletion Not infield 26.95668 -80.095308 1 84098-22114 218058604-HPS0100001 67841 6-7841-0208-0-9 95 YACHT CLUB PL HPS0100 F Deletion Not infield 26.960892 -80.109637 1 84098-22114 218058604-PMF0001001 67841 6-7841-0208-0-9 95 YACHT CLUB PL PMF0001 Deletion Not infield 26.960892 -80.109637 1 84098-22114 502907811-HPS0070001 67841 6-7841-7589-0-1 446 DOVER RD EIO MAP. HPS0070 F Deletion Not in field 26.959377 -80.099057 1 Totals 10 14 3!1612009 Village of Teq sta Additions Major OHIUG FPL Billable Lamp Lamp Pole Light GPS-LAT GPS-LONG Grid # Grid # SL Addre 'Feed file T e Owned Pole T e Watt Addition Addition 26.957160 -80.111562 67740 6-7740-8689-0-0 52 GOLFVIEW DR UG 5 Y Y HPS 100 1 26.957130 -80.110680 67740 6-7740-9288-0-0 51 PINE TREE PL UG S Y Y HPS 100 1 26.957302 -80.110602 67740 6-7740-9390-0-0 52 PINE TREE PL UG F Y Y HPS 100 1 26.957012 -80.109750 67740 6-7740-9888-0-0 51 YACHT CLUB PL UG F Y Y HPS 100 1 26.959120 -80.114663 67741 6-7741-6603-0-0 88 RIVER DR UG S Y N HPS 100 1 26.959708 -80.114013 67741 6-7741-7007-0-0 83 GOLFVIEW DR UG F Y Y HPS 100 1 26.961608 -80.112423 67741 6-7741-8021-0-0 115 W FAIRVIEW WY UG F Y Y HPS 100 1 1 26.962827 -80.111992 67741 6-7741-8330-0-0 133 W FAIRVIEW WY UG S Y Y HPS 100 1 26.961293 -80.111318 67741 6-7741-8719-0-0 109 E FAIRVIEW WY UG F Y Y HPS 100 1 26.960530 -80.110840 67741 6-7741-8916-0-0 98 FAIRVIEW WAY UG F Y Y HPS 100 1 1 26.969350 -80.110840 67741 6-7741-9079-0-0 234 COUNTRY CLUB DR OH U Y N HPS 100 1 26.970350 -80.112560 67741 6-7741-0000-0-0 274 COUNTRY CLUB DR OH U Y N HPS 100 1 26.970440 -80.114340 67741 6-7741-0000-0-0 298 COUNTRY CLUB DR OH V Y N HPS 100 1 26.967228 -80.109257 67841 6-7841-0162-0-0 COUNTRY CLUB DR NEC EASTWIND CIR OH C Y N HPS 100 1 26.966730 -80.109090 67841 6-7841-0359-0-0 3 COUNTRY CLUB CIR OH V Y N HPS 100 1 26.964642 -80.108815 67841 6-7841-0543-0-0 8 LEEWARD CIR OH V Y N HPS 70 1 26.963830 -80.109220 67841 6-7841-0000-0-0 146 COUNTRY CLUB DR OH V Y N HPS 100 1 26.965420 -80.109180 67841 6-7841-0000-0-0 155 COUNTRY CLUB DR OH V Y N HPS 100 1 Totals 2 18 3/16/2009 J LL s v d ~ s I d + ~ ~ ~ J u ~ S ~a ~~~ ~~~~ a~q 9' ~~E~~ s?z ~~~~5 s'~'~ ~~~~~ s~-°~ y U ~.9 .y zg@ a--~ 0 ~ ~ O N N Z o