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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: