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Home My Public Portal AboutFPL - STREET LIGHTING AGREEMENT0 FPL FPL Account Number. 8769815642 FPL Work Order Number. 4442449 STREET LIGHTING AGREEMENT In accordance with the following terns and conditions, Town of Gulf Stream (hereinafter called the Customer), requests on this day of_, _ , 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) Along A1A. Southern town limit to Golf View Road, located In Gulf Stream, Florida. (a) Installation and/or removal of FPL -owned facilities described as follows: Lights Installed Lights Removed Fixture Rating Future Type #Installed Fixture Rating Fixture Type #Removed Poles Installed Poles Removed Conductors Installed Conductors Removed Pole Type Installed Pole Type moved C 13 Feel not Under Paving Feet not Under Paving Feet Under Paving Feet Under Paving (b) Modification to existing facilities other than described above (explain fully):_ That, for and In consideration of the covenants set forth herein, the parties hereto covenant and agree as follows: FPLAGREES: To Install or modify the street lighting faclities 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 rale schedule approved by the FPSC. THE CUSTOMER AGREES: 2. To pay a contribution in the amount of $0 (conversion) prior to FPCs initiating the requested Installation or modification. 3. To purchase from FPL all of the elect(m 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 FPI2s currently effective street lighting rale 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 slumps or other obstructions that conflict with construction, and drainage of rights-of-way or easements required by FPL to accommodate the street lighting facilities. Marr 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 fact ifies. 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 luminalrefamp installed hereunder another IumlnaireAamp 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 dale 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 dale 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 tern, 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 rales as approved by the FPSC) plus removal cast. 12. Should the Customer fail to pay any bilis due and rendered pursuant to this agreement or otherwise fall 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 bilis 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 famish 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 duly, obligation or undertakings by FPL to third parties. 15. In the event of the sale of the real property upon which the facilities are Installed, upon the written consent of FPL, this Agreement may be assigned by the Customer to the Purchaser. No assignment shall relieve the Customer from Its obligations hereunder until such obligations have been assumed by the assignee and agreed to by FPL 16. This Agreement shall Inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL 17. 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 now written, or as they may be hereafter revised, emended or supplemented. In the event of any conflict between the terms of this Agreement and the previsions of the FPL Electric Tariff or the FPSC Rules, the previsions 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: FLORIDAPOWERB G OM/PANNY/ By: (Signature) Robert Weese (Print or type name) Tllle:Account Manaer. CEM