HomeMy WebLinkAboutDocumentation_Regular_Tab 07_08/09/2012 � ,�., � VILLAGE OF TEQUESTA
- AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text.
August 9, 2012
Consent Agenda: Yes Resolution #: Click here to enter text.
Originating Department: Manager
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments and
memorandum of understanding to Council:
3. BUDGET / FINANCIAL IMPACT:
Account #: Click here to enter text. Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
Click here to enter text.
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
1. Per Village Ordinance we are presenting the following agreements, proposals, commitments
and memorandum of understanding to Council:
a. FPL & The Village of Tequesta Street Lighting Agreement.
5. APPROVALS:
Dept. Head: Finance Director: % eviewed for Financial
' � Sufficiency
No Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
� _ --- �,
Village Manager: �^' �
• SUBMIT FOR COUNCIL DISCUSSION: 0
• APPROVE ITEM: ❑
• DENY ITEM: �
Form amended 08/26/08
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MEMORANDUM
�� _,
- Village of Tequesta
° Administration
TO: Village Council
FROM: Michael Couzzo, Village Manager
DATE: August 9, 2012
SUBJECT: Presentation of Agreement, Contracts, etc.
Per Village Ordinance I respectFully present the following agreements, proposal,
commitments and memorandum of understanding to Council.
a. FPL & The Village of Tequesta Street Lighting Agreement.
Thank you.
d �
�
FPE.
FPL Account Number. $�698•22114
FPL Work Order Namber: 417b020
STREET LIGHTING AGREEMENT
In accordance with the follawing terms and oonditlons, 70WN OF TEQUESTA (here9nafter calted the Customer), req�sts
on this OT day of A�, 2011 , from FL�RfDA POW�R 8� UGHT COMPANY (hereirtafter called FPL), a corpofa8on organized and existing under
the laws of the State of Flocida, t�e followir►g installaGon or modificalion of street lighting faciliUes at (gene�al bowuiaries)19223 N Rivers(de D�,
located in TEGIUESTAlPALM BEACH, Florida.
{nityykounty)
(a} lnstaltaUon andlor removal of FPL-owned faa'li�es described as follows:
I.fqhts Installed �fahts Removetl
�'n�are Rafmg F'bctu�e Type # Instal�ed Focture Rating Fbdure'fype # Removed
in Lumens in I.umer►s
50000 HPS 1
Poles Mstalled Poles Removed Conductors InstaAed Condudors Remaved
Pole e # Inst�led Po1e T e # ftemoved
Feel not Under Paving Feel not Under Pavtng
Feet Under Paving Feet Under Paving
(b) Mod'sfication to existing taal'�ies other than descnbed above (explain fuly): Addina 1 Cpbrahead 400W flxlure.
That, for and in consideration of the covanants set forth he�ein, the padies herelo covenar� ar�d agree as foaows:
FPL AGREES:
1. To fnstall or modify ihe street 1'�ghting faalilies described and 3denGfied above (hereirtafter calfed the St�eet Lighltng System), iumish W the
Customer Uie electric energy necessary for the operatian of ihe Street LRgt►ting System, ar►d fumish such other seniices as are specified in li�is
/�qreemenl, all ln aocordance wilh ihe terms of FPL's arrently eff�tive sUeet U,qhting rate schedule on file at lhe Fforida Pubec Service
Commission (PPSC) or any suxessNre s1[eet ti�ghlN,g rate schedule approved by the FPSC.
TH� CUSTOMER AGREES;
2. To pay a contribution in the amount of $�QO prior to FPL's Inifiating the requested fnslatlation or modificatlon.
3. 7o purchase irom �PL all oF fhe electric energy �sed far ihe operation of the Stseet Lighting System.
4. To be responsiWe tor paying, when due, afi biUs rendered by FPt pursuant lo FPt's currently effective street lighting raie schedule on file at the
FPSC or any successive street Ilghting rate schedule approved by lhe FPSC, tor facildfes and sendce provided in aa;ordance with tMs
agteement.
5. To provide aocess, final grading and, when requested, good and sufficient easements, suitabte oonstruction drawings showing the locatton of
ex{sUng and proposed structures, idenGflcaUon of aN non-FPL underground faalities wilhin or naar pole a trench locations, and appropriate
plats necessary for pfanning the design and completing lhe constructton of FPL tacitities associated wii� the Street LigMing System.
6. To perfertn ac►y clearing, canpacting, removal of stumps or other obsiructlons that canflid with canstruction, and drainage of rigMs-of•way ar
easemenis required by FPL to accommodate Ihe st�eet IlghUng faalities.
r,� � or:
. �
IT IS MUTUALLY AGREEU THAT:
7. Modiflcations to lhe facililies provided by FPL under thfs agreement, other than for maintenance, may only be made through the execuiton of
an addi6onal st�eet lighting agreement delineaiing the modifications to be acxomplished. Modification of FPl street lighting facilllies is defined
as the (otlowing:
a. the addihon of street 6ghting taci�fles:
b. the remova! of street Ilghting facilities; and
c. the removal of street lighting facilitfes and the ►eplacement of such faciGtles with new facilities and/or additional facili�fes.
Modificalions will be subject to the costs identified fn FPL's currenily effective street Ifghfing rate schedute on �fe at lhe FPSC, or any
successive sched�le approved by the FPSC.
8. FPL will, aE the requesl of the Customer, reloca[e ihe street ligh8ng fadlities covered by this agreement, if provided suffrcient dght-o�ways or
easements to do so. The Customer shall be respons3ble for lhe payment of a11 costs associated with arry such Customer- requested retocat"ton
of FPL street Iighting facilities. Payment shall be made by the Customer in advance of any relacatton.
9. FPL may, at any time, subslitute tor any luminatrellamp Installed hereunder another luminairellamp whfch shall be of at least eqaal illumiaating
capaaty and e(ficiency.
10. This Agreemenl shalt be for a lerm of !en (i0) years trom the date of iniNation of service, and, excepi as provided below, shali extend thereafter
for further successive periods of fnra {5) years ftom the expiratfon of the iniFial ten (10) year term or from the expiration of any extension thereof.
'fhe date of (n(tfatlon ot senrice shall be defined as the date the fi�st lighls are energized and billing begins, rrot !he date of this qqreement.
This Agreement shalf be extended automatically beyond the initial Ihe (i0) year term or any extensfon thereof, unfess eAher party shall have
given written notice to the other of its desire to lerminate this Agreement. The writlen notice shall be by cerlified mail and shall be given not
less lhan ninety (90) days before lhe expiration oi the initisl ten (10) year tem►, or any extension lhereof.
11. In the evenl st�at lighting tacidties covered by this agreament ace removed, efther at the requesE of ihe Customer or lhrough iem3lrralion or
breach of this Agreement, the Customer shall be responsfble for paying to FPI. an amount equal to lhe original Inslalled cast of the facillltes
prov(der! by FPL under th[s ag�eement less aoy salvage value and arty depredalton (based on curreM depreciaGon rafes as approved by ihe
FPSC) ptus removal cost.
12. Shouid tfle Cuslomer fail to pay any b�ls due and rendered pursuant to this agreement of oiheiwlse fail to per(orm the obBgations containec! in
this /�qreemenl, said obligations being material and going to the essertce of this Agreement, FPL may cease to suppiy electric energy or
service until the Castomer has paid tha biils due and rendered or has fuAy cured such olher breach of ihis Agreement. My failura of FPL to
exercise its rights hereander shail not be a waiver of tts dghts. It ts anderstood, ho�ver, that such disconHnuaace of the supplying of eiectric
energy or service shall not constitute a breach of this Agreemeni by FPL, nor shalf ft relleve the Customer of the obifgation to perform any af
lhe terms and conditions of this Agreemenl.
i3. The obligation [o furnish or purchase servlce shalf be excused at any time that either party Is prevented trom compiying with lhis Agreement by
strikes, lockouts, fires, riols, acts of God, the public enemy, oc by caose or causes not under the controi ot the pariy thus prevented from
compliance and FPL shali not have lhe obligafion to turnish service it it ls prevented Erom complying with thfs Agreement by reason of any
partial, temporary or enlire shu!-down of senrioe which, in t�e sole opinion of FPL, is reasonabiy necessary for the pu�pase of repairing or
making more eHiGent all or any part of its generating or olher electrical equfpment.
i4. Thts Agreement supersedes alt prevlous Agreements or representations, either written, oral or oifienivise between the Customer and FPI, with
respect to !he facilities referenced herein and consi�ates the endre Agreement between lhe parties. 'f'his /�qreement does no1 create any
�[ghts or provide any remediss to third parties or creale any addiGonal duiy, obligation or underlakings by FPL to third parties.
15. 1'his Agreement shall inure to lhe benefit of, and be binding upon the suceessors and assigns of the Customer and FPL.
16. This Agreernent is subjecl to FPL's Eleclrtc Tariff, including, but not limited to, the General Rules and Regutatlons for Electric Seivlce and the
Rules of the FPSC, as fhey are written, or as ihey may be hereaRer revised, amended or supplemented. M the event oi any conflict 6etweeo
the terms ot lhis Agreement and the provisions ot tt►e FPL Eleciric Tariff or tfie FPSC Rules, the provistons ot the Electric Tariff and FPSC
Rules shall control, as they are now written, or as they may be hereafter revised, amended or suppfemented.
IN WlTNESS WHEREOF, t�e parties hereby caused lhis Agreement to be executed in triplipte by fheir duly aulhorized representatives to
be effectiva as of the day and year first written above.
Charges and Terms Accepted:
TOWN OF TEQUESTA FLORiDA POWER & LiGHT COMPANY
Customer (Print or type name of organization)
BY: gy,_ .
Si u 'zed epresentative) (S�gnafure)
PARISSA GRAULAU
(Pdnt r pe } Print ar
♦ ( tyPe name)
Title: ons ' Seroices Re r n C
g� : w: