HomeMy Public PortalAboutInstallation & Maintenance for LED Street Lighting (Place Au Soleil)FP`
LED LIGHTING AGREEMENT
FPL Account Number: 87698-15542
FPL Work Request Number: 8940106
In accordance with the following terms and conditions, Town of Gulf Stream (hereinafter called the Customer), requests on this 19th day of
November, 2019 , 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 lighting facilities at (general boundaries) Avenue Au Soleil, located in
Gulf Stream, Florida.
(a) Installation and/or removal of FPL -owned facilities described as follows:
Poles
Pole Type
Existing Pole Count
(A)
# Installed
(B)
# Removed
(C)
New Pole Count
(A+B-C)
Wood
N/A(1)
Standard Concrete
Standard Fiberglass
26
0
26
0
Decorative Concrete
0
26
0
26
Decorative Fiberglass
Underground Conductor
Type
Existing Footage
(A)
Feet Installed
(B)
Feet Removed
(C)
New Footage
(A+B-C)
Under Pavement
N/A(1)
Not Under Pavement
(1) All new conductor installed is in conduit and billed as Not Under Pavement
Fixtures (Z)
Type
(HPSV,MV,LED)
Manufacturer
Watts
Lumens
Color
Temperature
(LED Only)
Style
Existing
Fixture
Count
(A)
#
Installed
(B)
#
Removed
(C)
New
Fixture
Count
(A+B-C)
HPSV
150
PTT
26
0
26
0
LED
Holophane
39
4,644
3,000
Granville (Black/Black)
0
26
0
26
(2) Catalog of available fixtures and the assigned billing Ger for each can be viewed at www.fpl.com/partner/builders/lighting.htmi
(b) Modification to existing facilities other than described above (explain fully):Remove 26 x existing FPL street lights in area of Place Au
Soleil and install 26 x 39W 3K Holophane Granville (Black/Black) and Washington Concrete pole (Black).
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 lighting facilities described and identified above (hereinafter called the Lighting System), furnish to the Customer
the electric energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this
Agreement, all in accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or any successive lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of $10,289.30 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 Lighting System.
4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file
at the FPSC or any successive 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 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 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 lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities is
defined as the following:
a. the addition of lighting facilities:
b. the removal of lighting facilities; and
c. the removal of 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 lighting rate schedule on file atthe FPSC, or any successive
schedule approved by the FPSC.
8. Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements.
9. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient right-of-ways or
easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be
responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facilities. Payment
shall be made by the Customer in advance of any relocation.
10. FPL may, at any time, substitute for any luminaire installed hereunder another luminaire which shall be of at least equal illuminating
capacity and efficiency.
11. 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 parry 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.
12. In the event 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 fixture, pole, and conductor
charges for the period remaining on the currently active term of service plus the cost to remove the facilities.
13. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or 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.
14. 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.
15. 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.
16. 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.
17. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
18. The lighting facilities shall remain the property of FPL in perpetuity.
19. 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, 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:
Town of Gulf Stream
ustomer (Print or ame of Organization)
By:
gnat a (Authorized Representative)
L 0 J /rAO�
(Print or type name)
�-7
Title:
FLORIDA POWER & LIGHT COMPANY
By:
(Signature)
Christian Pruitt
(Print or type name)
Title: FPL LT -1 Representative
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A A A A A A
FPL
LED LIGHTING AGREEMENT
FPL Account Number: 87698-15542
FPL Work Request Number:
In accordance with the following terms and conditions, Town of Gulf Stream (hereinafter called the Customer), requests on this 26th day of
January, 2021 , 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 lighting facilities at (general boundaries) 2765 Ave Au Soleil / 905
Orchid Lane, located in Gulf Stream, Florida.
(a) Installation and/or removal of FPL-owned facilities described as follows:
Poles
Pole Type
Existing Pole Count
(A)
# Installed
(B)
# Removed
(C)
New Pole Count
(A+B-C)
Wood
Standard Concrete
Standard Fiberglass
Decorative Concrete
0
1
0
1
Decorative Fiberglass
Underground Conductor
Type
Existing Footage
(A)
Feet Installed
(B)
Feet Removed
(C)
New Footage
(A+B-C)
Under Pavement
N/A(t)
Not Under Pavement
(1) All new conductor installed is in conduit and billed as Not Under Pavement
Fixtures (1)
Type
(HPSV,MV,LED)
Manufacturer
Watts
Lumens
Color
Temperature
(LED Only)
Style
Existing
Fixture
Count
(A)
#
Installed
(B)
#
Removed
(C)
New
Fixture
Count
(A+B-C)
LED
Holophane
37
4,704
3,000
Granville (Black/Black)
0
1
0
1
(2) Catalog of available fixtures and the assigned billing tier for each can be viewed at www.fpl.com/partner/builders/lighbng.html
(b) Modification to existing facilities other than described above (explain fully):Install 1 x 18.5' Washington Concrete pole (black) and 37W
3K Holophane Granville (black/black).
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 lighting facilities described and identified above (hereinafter called the Lighting System), furnish to the Customer
the electric energy necessary for the operation of the Lighting System, and furnish such other services as are specified in this
Agreement, all in accordance with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service
Commission (FPSC) or any successive lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of $0.00 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 Lighting System.
4. To be responsible for paying, when due, all bills rendered by FPL pursuant to FPL's currently effective lighting rate schedule on file
at the FPSC or any successive 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 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 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 lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities is
defined as the following:
a. the addition of lighting facilities:
b. the removal of lighting facilities; and
c. the removal of 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 lighting rate schedule on file atthe FPSC, or any successive
schedule approved by the FPSC.
8. Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements.
9. FPL will, at the request of the Customer, relocate the lighting facilities covered by this agreement, if provided sufficient right-of-ways or
easements to do so and locations requested are consistent with clear zone right-of-way setback requirements. The Customer shall be
responsible for the payment of all costs associated with any such Customer- requested relocation of FPL lighting facilities. Payment
shall be made by the Customer in advance of any relocation.
10. FPL may, at any time, substitute for any luminaire installed hereunder another luminaire which shall be of at least equal illuminating
capacity and efficiency.
11. 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.
12. In the event 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 fixture, pole, and conductor
charges for the period remaining on the currently active term of service plus the cost to remove the facilities.
13. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or 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.
14. The obligation to furnish or purchase service shall be excused at any time that either parry 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.
15. 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.
16. 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.
17. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
18. The lighting facilities shall remain the property of FPL in perpetuity.
19. 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, 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:
Tg)mn of Gulf Stream
ustomer (Prin o type ame of Organization)
By:
�nJ ign ure (Authorized Representative)
l7 i2i�C� �V Lkw
����" (Priin/t I r type Ana e)
Title: 1 ot/U N �V \ A 1V A �7
Page 4 of 4
FLORIDA POWER & LIGHT COMPANY
By:
(Signature)
Christian Pruitt
(Print or type name)
Title: FPL LT-1 Representative
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