R99-002II
RESOLUTION NO. R99-,4~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
STREETLIGHTING AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND FLORIDA POWER &
LIGHT FOR THE INSTALLATION, MAINTENANCE AND
OPERATION OF UNDERGROUND STREETLIGHTS ON
GATEWAY BLVD., BETWEEN SEACREST BLVD. AND
FEDERAL HIGHWAY; AND TO FURTHER AUTHORIZE
AN EXPENDITURE OF NOT-TO-EXCEED $55,000 FOR
THE UNDERGROUND REPLACEMENT OF
OVERHEAD ELECTRIC LINES CURRENTLY EXISTING
ON GATEWAY BLVD.; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in conjunction with the reconstruction of Gateway Blvd.,
staff has negotiated an Agreement with Florida Power & Light to install new
"traditional" streelights, with the wiring being carried underground; and
WHEREAS, Florida Power & Light has submitted a Streetlighting
Agreement for consideration by the City Commission, and
WHEREAS, the City Commission of the City of Boynton, upon
recommendation of staff, deems it to be in the best interests of the residents and
citizens of the City of Boynton Beach to enter into a Streetlighting Agreement with
Florida Power & Light;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. Each Whereas clause set forth above is true and correct and
incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton
does City
hereby authorize the
Mayor and
Clerk to
Beach, Florida
execute a Streetlighting
Agreement between the City of Boynton Beach and Florida Power & Light, which
Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately upon
passage.
PASSED AND ADOPTED this
,..4" day of January, 1999.
CITY OF BOYNTON BEAI
FLORIDA
ATTEST:
cit~Clerk
ayor
Mayor Pro Tem
Commissioner
(~ommissioner
FlaL Account Number:.
ST~T LIGHTING AGRk~I~MENT
[n accordance vnth thc folloWm$ terms and condiaons. City of Boynton Bch ·
77462-10231
, hereinafter called the Customer}, requests on this ! ~' day of ~ C ~/'~//g~Tf?... !9 ~, from FLORIDA POWER & LIGHT
COMPANY (hercmaPter called FPL), a corporanon organiTed and existing under the laws of the State of Florid~ the following installation or
modification of street lighting facilities at (general boundaries): ~ ~ ~ L~.~4 ~ /~/.L ~.
I civflcounty)
· Florida.
ia) Installation and/or removal of FPL-owned facilities deSCribed as follows: ·
Lights Installed
Fixture Rating Fixture Type # Installed
(in Lumens)
c/~'oo 7R4o/no~c ,~ /
Fixture Rating
(in Lumens)
Lights Removed
Fixture Type # Removed
Poles Installed Poles Removed
Pole Type # Installed Pole Type # Removed
Conductors Installed
7/00 Feet not Under Paving
~Feet Under Paving
(b) Modification to existing facilities other than described above (explain fully):
Conductors Removed
Feet not Under Paving
Feet Unde~ Paving
That. for and in consideration of the covenants set forth herein, the paxties hereto covenant and ague as follows:
FPL AGll~lr.q:
To install or modify the su~et lighling facilities described and identified above (laea~mmi~ called the Street Lighting System), furnish
to the Customer the elecu'ic energy necessary for the operation of the SU'eet Lighting System, and furnish such other services as aru
specified in this Agreement, all in accordance with the terms of FPL' s cun~ntly effective summt lighting rate schedule on file at the Florida
Public Service Commission (FLOC) or any successive s~eet lighting rate schedule approved by the FPSC.
TH~ CUSTOMER
2. To pay a conmbution in the amount of $ '-"" prior to FPL's initiating the requested illst"ilnliOll or modification.
3. To purchase from FPL all of the eleclric energy used for the operation of the Slxeet Lighting System.
4. To be r~sponsible for paying, when due, all bills rendored by FPL pursuant to FPL's currently effective street lighting rate schedule on
file at the FPSC or any successive slxeet lighting rate schedule approved by the FPSC, for facilities and servic~ provided in accordznce
with this agr~ment.
5. To provide access, final grading and, when ~lUeSted, good and sttfficiont easements, suitable consn'ucHon drawings showing the location
of ex~sting and proposed structures, ideafifical/on of all non-FPL underground fac/l/ties within OF near pole or trench lecat/ons, and
appropriate plats necessary for pinnning the design and completing the consiruction of FPL facilities associated with the Sleet lighting
Sysl~m.
6. To perform any cle~g, ~omp~-~ing, ~:movai of smm~ or other obsm~-~ions ~ ~oufli~m with ¢ousuu_~iou. and draim~8¢ of rights-of-
way or casemenm requu~d by FPL 1~ ac~ommodat~ the su~e~ lighliu8 facilities.
Form 216 (Non-Stocked) Rev. 1/93
IT I~
7.
10.
MUTUALLY AGI~k'~'33 THAT:
Modifications ~o the facilities provided by FPL under this a~ement, other than for msin~-llallce, may only be made through the execuuon
of an additional s~reet lighting agreement delmeaung the modifications to be accomphshed. Modificauon of FPL street lighung facilities
is defined as the following:
a. the addition of street !ightmg facilities;
b. the removal of street lighting facilities; and
c. the removal of sue, et 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 currenUy effective street lighting rate schedule on file at the IPSC, or any
successive schedule approved by the FPSC.
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 associaled with any such Customer- reques~d
r¢locauon of FPL street lighting facilities. Payment shall be made by the Customer in advance of any relocaaon.
FPL may, at any rime, substitute for any lttminsiredlamp installed hereunder another luminair~lamp which shall be of al least equal
illuminamlg 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 ugrm or from the expiration of
any extenmon thereof. The date of imuation of service shall be defined as the dale the first lights are energized and billing begins, not
the date of this Agreement This Aglamment shall be extended automatically beyond the imtia] ten (10) year term or any extension
thereof, unless either party shall have given written notice to the other of its desire to terlninat,- this Agnmment. The wn~xen notice shall
be by certified mail and shall be g~ven not less than ninety (90) days before the expiralion of the initial ten (10) year term. or any
extension thereof.
ll.
12.
13.
14.
16,
In the event steer lighting facilities covered by this agreement are removed, either al the request of the Customer or through termmauon
or breach of this agx~ement, the Customer shall be responmble for paying to FPL an amount equal m the original installed cost of the
facilities provided by FPL under this agreement less any salvage value and any delmmialion (based on current deprec~aUon rates as
approved by the FPSC) plus removal cost.
Should the Customer fail to pay any bitls due and rendered pursuant to this agxeement or othe~vise fail to p~rform the obligations contained
in this Agreement. said obligalions being material and gums to the essence of this Agreement. FPL may cease to supply electric energy
or service until th~ Customer has paid the bills due and nmdet~ or has fully cured such other breach of this Agreement. Any failure of
FPL to exercise its nghts hereunder shall not be a waiver of its rights. It is understood, however, thai such discontinuance of the supplying
of elecUic energy or se~tice shall not constitute a breach of th~ Agrem~nt by FPL, nor shall it relieve the Customer of the obligalion
to perform any of the terms and conditions of this Agreement.
The obligation to furnish or purchase service shall be excused al any time that either party is prevented from complying with this
Agnmment by strikes, lockouts, fu~, nots, acts of God. the public enemy, or by cau~ or causes not undm' 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 enti~ shut-down of service which, hi the sole opimon of FPL, is reasonably necessary for the
purpose of repairing or mnkin$ mom efficient all or any pan of its generaun$ or other elecmcal eqmpment.
This Agreement supe~ed~ ali previous Agreements or rel~-~ta~ons, either written, oral ut otherwise between the Customer and FPL
with respect to the facilities referonced he, rem and constitutes the enl~'e Age, cement between the pames. This Agreement does not creale
any nghts or provide any remedies m third pames or create aay additional duty, obligalion or undertakings by FPL to third pames.
This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL.
This Ag~ement is subject to FPL's Electric Tariff. including, but not limited to, the General Rules and Reg, ds~ions for Electric Service
an~ the Rules of the FPSC. as ~/~y are now wnv_~,n, or as they may be bereafi~ revised, amended or supplemenmd. In the event of any
conflict between the mrms of this A~mont and the provisions of the FPL Electric Tariff or the FPSC Rules. the provisions of the Elecuic
Tariff and FPSC Rules shall con~zol, as they al~ now writ~n, or as they may be bemaflm' revised, amended or supplemenmd.
WITNESS WHEREOF, the partita hereby caused this Agreement to be executed hi triplicate by their duly authorized representshves
to be effective as of the day and year first wrimm above.
Charges and Terms Accepte~
CITY 0g BOYNTON BEACH
Customer (Print or type nam~ of Or~ganijamon)
Signature ~A~honzed R~rm~ve)
GERALD TAYLOR ~' (Print or ~pe .am~)
FLORIDA POWER & LIGHT COMPANY
By:.
(Print or type .*,~)
Title:
MAYOR
Title: