R01-187RESOLUTION R 01-
A RESOLUTION OF THE CITY COMMISSION OF THE
C1-FY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE TWO STREET LIGHT AGREEMENTS
BETWEEN THE CITY OF BOYNTON BEACH AND
FLORIDA POWER AND LIGHT, FOR THE PROJECT
KNOWN AS GATEWAY BOULEVARD; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the project known as Gateway Boulevard is nearing its
final closeout, and the new street lighting is being turned over to the City;
and
WHEREAS, the first agreement will allow the removal of the existing
street lighting, the second agreement is for the installation of the new
replacement street lighting; and
NOW, THEREFORE, BE TT RESOLVED BY THE CI'TY
COMMZSSION OF THE C'rTY OF BOYNTON BEACH, FLORZDA, THAT:
Section 1. The City Commission of the City of Boynton Beach,
Florida does hereby authorize and. direct the Mayor and City Clerk to
execute two AgreemeNts with Florida Power and Light; copies of said
Agreements being attached hereto as composite Exhibit "A".
Section 2. This Resolution will become effective immediately upon
passage.
PASSED AND ADOPTED this 15" day of Hay, 2001
Commissioner
Commissioner
(Corporate Seal)
:aXreso~agreements~rP&L Streetlighfing
Commissioner
FPL Account Number:. 77462-10231
FPL Work Order Numt~er:. 7247-04-416
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, CITY OF BOYNTON BEACH (hereinafter called the Customer), requests
on this 01 day of 01, 2001 , fTOm 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 boundades)W/O US1 & GATEWAY BLVD,
located in BOY-NTON BEACH, Florida.
(city/county)
(a) Installation and/or removal of FPL-owned fadlities described as follows:
Ughts nstalled Ughts Removed
Rxtum Rating Fixture Type # Installed FiXtUre Rating Fudum Type # Removed
(in Lumens) (in Lumens)
Poles Installed
Pole T' # Installed
' 30,/6 r 5
(b) Modification to existing facilities other than described above (explain fully):
22000 , HPSV 4
Conduc~o[s Installed
Feet not Under Paving
Feet Under Paving
Conductors Removed
576' Feet not Under Paving
Feet Under Paving
That, for and in consideration of lhe covenants set forth heroin, the parties hereto covenant and agree as follows:
FPL AGREES:
To install or modify the slreet lighting fadlifies described and identified abqve (hereinafter called the Slmet Lighting System), fumish to the
Customer the elecldc energy necessary for the operation of the Street Ughting System, and fumish such other services as are spedfled in this
Agreement, all in accordance with the terms of FPL's currently effec~e street lighting rate schedule on file at ~ Florida Public Service
Commiseio~ (FPSC) or any succeesive street lighting rate schedule approved by the FPSC.
THE CUSTOMER AGREES:
2. To pay a contribution in the amount of ~:MX)prior to FPL's initiating the requested installation or modification.
To purchase f~om FPL all of the electric energy used for the operation of the Street Ughting System.
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 rote schedule approved by the FPSC, for facilities and service provided in accordance with this
agreement.
To provide access, final grading and, when requested, good and sdflcient 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 fadlities associated with the Street Lighting System.
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.
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
an add tional street lighting agreement delineating the modifications to be accomplished. Modification of FPL street lighting facilities is
as the following:
a. the addition of street lighting facilities:
b. the removal of street lighting facilities; and
c. the removal of stree{ lighting facilities and the replacement of such facilities with new facilities and/or additional fadlities.
Modifications will be in FPL's currently effective street :lighting rate schedule on file at the FPSC, or any
of FPL street lighting
9. FPL may, at any time, substitute for any lure na re/lamp installed hereunder another luminaire/famp which shall be of at least equal illuminating
ca0adty and effidency.
10. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, s~all extendthereafter
for further successive pedods of five (5)years from the expiration o.f the..i .ni.tial ten (10).year. tern1..o..r..ffor~, ~.e_exp_i_m.~.o_n o~f_.,a_nLe~snAiLO~ree~me~n~t f.
The i:late of:initiati°n of service shal be defined as the date the ,ret lights are energ~zeo ana o,,ng Deg~ns, no~:u~e u~,u= u, ~ .
Th s Agreement shall be extended automatically beyond the initia 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 .noti..ce s.h. all 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 mereot.
termination or
11. tn the installed cost of the facilities
breach of by the
provided by FPL i
FPSC)
reement, sa (3 oo,gauons oe~ng ~ ~ . -
this Ag reach of th~s reement. Any fa lure of FPL
· · or has full cured such other b Ag
· aid the bills due and rendered Y : .
service until the Customer has p . ~ ~ ,. ' . ' continuance of the sup y ng of elect
· ts ri hts hereunder shall not be a waiver of its rights. It ,s understood, however, that such d~s P ·
e~x, er=~je~ ~r~_ .,:hail not constitute a breach of th s Agreement by FPL; nor shall it relieve the Customer of the obligation to per[orm any of
terms and conditions of this Agreement.
tion to fum sh or urchase service shall be excused at any time that either party s prevented from compying with this Agreement by
13. The obi'ga' ; i . : P ....... ' ~- --,~- ,.,r .... =-' ,,,;t under the c°ntml of the p~rty thus prevented from
strikes, lockouts, fires, nots, acts o! ~,..m.e .p. uo,? e. ne.myj ~Y__C~..,u..,~..~v~n~t~'~.~m comolvin¢3 with the Agreement by reason of any
r,nmnlL.qnc~, nd FPL shall not have the ooligaaon to ~umlsn senn~e, ~ ~ ,. _---_-_.~---7 ....... .'. ' - ___ ,_. ~ ..... ; ,,* ,,,,=i,~,~,~ or
.... ,. .....a ........ .~ ..~.=.a. =~ ,,=, .ea31e ooinion of PPL, is reasonaoly necessmy ~ur
partial temporary or entre snu[-~own o[ ae~w~ w,.~,, ,. ,-,, ---- -~
making more efficient all or any part of its generating or other electrical equipment.
FPL,
with
14. This Agreement supersed, es all p?.wot~. Ag.reeme.n,~.~ ~P_ _lr~_~nmtaAfi~on~~eritw~eenr; ~elo~'~t~. r~l~: ~m~c~S~t~tl~.e~a~ed
any fights
re~aecttothefacilifiesreterencedhere~nan~3consatu~u~==m,'="'e'.".".~..."T.;' ':. ;'.r.'-- -- '. ......... .~..
or provide any remedies to third parties or create any add!tio~lal duty, obhgason or unclerta~;mgs oy r-~-q-
15. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
Service and the
16. This Agreement is subject to FPL's Eiectri but not limited to, the General I of any conflict between
Rules of the FPSC, as Tadff and FPSC
the terms
Rules shall cont~'ol, as the3 be
IN WITNESS WHEREOF, the padies hereby caused this Agreement to be executed in triplicate bY the r duly authorized representatives
to be effective as of the day and year first written above.
FLORIDA POWER & LIGHT COMPANY
Charges and Terms Accepted:
Customer (Print or type name of Organization)
By:
Signature (Authorized Representative)
(Print or type name)
Title:
/
ALEX ZAMBRANO
(Print or type name)
'l'itie: Construction Services Representative
2o1'2
FPL Account Number. 77462-10231
FPL Work Order Number. 8210-02-416
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions
on this
of the State of Flodda
located ir Flodda.
(hereinafter called the Customer), requests
a corporation organized
ighfing facilities at (general
(a) Installation and/or removal of FPL-owned facilities described as follows:
(b)
Fixture Ra'dng # Installed : r
(in Lumens)
16'000 ' TRADITIONAL 93
Pole T
FG 93 .
Lights Removed
Fixture Rating Fixture Type # Removed
(in Lumens)
Conductors Installed
Conductors Removed
6950
Feet not Under Paving Feet not Under Paving
Feet Under Paving Feet Under Paving
Modification to existing fadlities other than described' above (explain fully): City of Boynton Beach to install or have installed F~L
provided handholes and conduit. A credit of $13,867.00 for installation of handholes and conduit will be given to the city.
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 S'a~et Lighting System),
furnish to the Customer the electric energy necessary for the operation of the Street Lighting System, and fumish 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 $ N/A prior to FPL's initiating the requested installation or modification.
3. To purchase from FPL ali 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~o~
trench locations, and appropriate plats necessary for planning the design and completing the construction of FPL facili.
associated with the Street Lighting System.
6. To perform any clearing; compacting, removal of stumps or other obstructions that conflict with construction, and drainage
rights-of-way or easements required by FPL to accommodate the street lighting facilities.
IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under th~s 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
dght-of-~vays 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.
10.
11.
12.
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.
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.
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 selvage value and any depreciation (based on
current depreciation rates as approved by the FPSC) plus removal costm
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 l~e 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 fumish or purchase service shall be excused at any time that either party is prevented from complying with
this Agreement by strikes, lockouts, fires, dots, 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 wilh 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 A~reament 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 Elec'a'ic 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.
INWlTNESS 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:
FLORIDA POWER & LIGHT COMPANY
Customer (Pdnt or type name of Organization)
By:
Title:
Signature (Authorized Representative)
(Print or type name)
By:
(Print or type name)
Title: Construction Services Representative
Smd $!
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