2013-29 FPL Streetlight Agreement for SW Neighborhood Improvement ProjectRESOLUTION 2013 -29
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REPEALING RESOLUTION 2012 -59
AND APPROVING A REVISED STREET LIGHTING AGREEMENT WITH
FLORIDA POWER AND LIGHT; AUTHORIZING THE VILLAGE
MANAGER TO EXECUTE SAME; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, through the adoption of Resolution 2012 -59, the Village Council approved a Street
Lighting Agreement with Florida Power and Light ( "FPL ") for the installation of fifty -six (56) poles
and lighting fixtures in connection with the Southwest Neighborhood Improvement Project; and
WHEREAS, through the course of project construction, the Village determined that only forty-nine
(49) poles and lighting fixtures would be necessary and the Village and FPL have agreed to execute a
revised Agreement reflecting the reduced number of poles and lighting fixtures; and
WHEREAS, the Village Council determines that the approval of a revised 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 repeals Resolution No. 2012 -59 in its entirety.
Section 3. The Village Council hereby approves a revised 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 4. All resolutions, or parts thereof, in conflict with this Resolution are hereby
repealed to the extent of such conflict.
Section 5. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 23rd DAY OF MAY, 2013.
(Village. Seal)
MAYOR
ATTEST:
EST:
VILLAGE CLERK
FPL Account Number. 25596.21343
FPL Work Order Number: 4456063
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, Village of North Palm Beach (hereinafter called the Customer), requests on this Zh day of
May, 2013 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) Install 49 post too traditional streetlights on
fiberglass poles, located in North Palm Beach, Florida.
(a) Installation and/or removal of FPL -owned facilities described as follows:
Lights Installed
Facture Rating Fixture Type # Installed
in Lumens
16000 PTT 49
Lights Removed
Fixture Rating Fixture Type
# Removed
Poles Installed Poles Removed Conductors Installed Conductors Removed
Pole Type #Installed Pole Type # Removed
FIB 1149 1 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):N /A
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 Street Lighting System), fumish 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 $2 prior to FPUs initiating 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 slumps or other obstructions that conflict with construction, and drainage of rights-of -way or
easements required by FPL to accommodate the street lighting facilities.
PLag010f 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 FPUs 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 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 luminaire /lamp installed hereunder another luminaire /lamp 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 mall 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 otherwise fall 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 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.
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 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:
Vlllane of North Palm Beach
ustome Print or a�OrgarNlzatlil
By:
Signature (Authoriz epresen (ative)
William L. Manuel
(Print or type name)
Title: Mayor
ATTEST:
FLORIDA POWER & LIGHT COM ANY
By. 5�v
(Signature)
Jeff Stanton
(Print or type name)
Title:Engineer It
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VIL -CLERK
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