2012-59 FPL Street Lighting Agreement RESOLUTION 2012-59
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A STREET LIGHTING
AGREEMENT WITH FLORIDA POWER AND LIGHT AND AUTHORIZING
THE VILLAGE MANAGER TO EXECUTE SAME; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, as part of the Village's Southwest Neighborhood Improvement Project, Florida Power
and Light ("FPL") will be installing street lighting on Lorraine Court, Conroy Drive and Honey
Road;and
WHEREAS, FPL has agreed to install fifty-six (56) poles and lighting fixtures and is requiring the
Village to execute a Street Lighting Agreement ("Agreement") whereby the Village agrees, among
other things, to purchase all electric energy used for the street lighting system from FPL and to pay
FPL the costs of the lighting fixtures (less salvage value and depreciation) in the event the street
lighting facilities are subsequently removed; and
WHEREAS, the Agreement is for an initial term of ten years with automatic renewals for successive
five year terms unless either party terminates the Agreement;and
WHEREAS,the Village Council determines that the approval of the Street Lighting Agreement with
FPL is in the best interests of the residents and citizens of the Village of North Palm Beach
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the Street Lighting Agreement with Florida
Power and Light, a copy of which is attached hereto and incorporated herein, and authorizes the
Village Manager to execute the Agreement on behalf of the Village.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 11th DAY OF OCTOBE' I _
Tik
��� _ i�,
i111ge, PA
SR �
_ J r'I AN '-mss- 7' '
\+, as, j,>"�i t,°
A?TEST'4
• VILLAGE CLERK
! i
FPL
FPL Account Number.25596-21343
FPL Work Order Number.4456063
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions,Villaae of North Palm Beach(hereinafter called the Customer),requests
on this 20th day of August, 01 ,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)Various locations on
Lorraine Ct.,Conroy Dr and Honey Rd,
located in Palm Beach County.Florida.
(city/county)
(a) Installation and/or removal of FPL-owned facilities described as follows:
Lights Installed Lights Removed
Fixture Rating Fixture Type #installed Fixture Rating Fixture Type #Removed
(in Lumens) in Lumens _-
16000 PTT 56
-� II
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole Type #Installed Pole T e #Removed
FIB 56 Feet not Under Paving Feet not Under Paving
Feet Under Paving Feet Under Paving
(b) Modification to existing facilities other than described above(explain fully):
Thal,for and in consideration of the covenants set forth herein,the parties hereto covenant and agree as follows:
FPL AGREES:
1. To install or modify the street lighting facilities 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 fife 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 3Q prior to FPL's initialing the requested installation or modification.
3. To purchase from FPL all 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 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 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.
PIO I at 2
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 facilities.
Modifications will be subject to the costs Identified in FPL's currently effective street fighting 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 luminaireltamp installed hereunder another luminairelamp 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 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.
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 rates as approved by the
FPSC)plus removal cost.
12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otheiwise 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.
13. 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.
14. This Agreement supersedes all previous Agreements or representations,either written,oral or otheiwise between the Customer and FPL,with
respect to the facilities referenced herein and constitutes the entire Agreement between the parties.Tills 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. 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,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� «,�' ESS WH EOF t caused this Agreement to be executed in triplicate b their du authorized representatives to
�,, p Y 9 by duly
#f A(,)'+,',1 d:erfective as of the day and year first written above.
1 �'>> '-,// •zit
l'1/4 C.),) Charges dryilTerrns Acce•ted:
1 t f ,\1 fTTS;► 7u ': u - • FLORIDA POWE Li HT COMP
?g.111)
) tst -1191 .� uStOm of ��'1'nization)
\'. gy: 1 v1 B y
� a >a i1 - �! -d Rep'i`:nlative) (Signature)
•.'
bay,ffi B. No Alan Boaz
r ? %✓ { (Print or type name) Print or
( type name)
Title:Mayor Title:Senior Tech Specialist
/ i/%1/6
P .202