10/21/1998 Agreement
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BRA CH OFFICE
88820 OVERSE HIGHWAY
PLANTATION KEY, FL RIDA 33010
TEL. ( 5) 852-1145
FAX ( 5) 852-1146
BRANCH OFFICE
3111 OVERSEAS IDGHWAY
MARATIiON, FLORIDA 33050
TEL. (305) 289-6021
FAX (305) 289-1145
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WIDTEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-35SO
FAX (305) 295-3660
MEMORANDUM
TO:
Dent Pierce
Director of Public Works
DATE:
Attention: Engineering
Ruth Ann Jantzen, Deputy Clerk ~.
November 23, 1998
FROM:
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On October 21,1998, the Board of County Commi~ioners granted approval a d
authorized execution of a . tlllUIMfBI Alnunelltbetween Monroe Co nty and !
.1ItMMa Pewer" upt, to iI6taII street lighting at Card SouJld Road Tol Booth.
Enclosed please rmd a fully executed duplicate original of the above Agreement
for return to Florida Power & Light. !
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If you have any questions concerning the above, please do not hesitate to
contact this office.
Enclosure
cc: County Attorney
Finance
County Admini~rator, wlo document
File
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FPL AO<'on,t Number:
J"b Numher: $83-02-882
STREET UGIH1NG A(lRI:E~EtJT
In aecordliln~ with the following ~ and conditions. COllnty of Monl'Ofil (hflfeinafter called the Customer), requests on this
""1--f V day of . ~', C~l!' 1998, from FLORIDA PO"I/ER & I..I~'T COMPANY (hereinafter cnned FPL), a corporation
organiZed and existing und9r the laws of the state of Florida, the fol!o\.l-il1Y installation or mocIlfleation of street lighting facilltleli at
(general boundaries): Cardlound Rd TaU Plaza ~I!ld in County of Monfoe , Florida.
(.) Installation and/or remcMll of FPL-owMd facilities d8$crl~ as follows:
Ughts Installed
Fixture Type ., Installed Fbdur. Rating
(in lumens)
16.000 -4 Open-bottom
LJfl.~" Remo\<ed
Fbrtul' J Type .. Remov.d Fixture Rating
(In Lumens)
Pokn;lnaalled
PoI9 Type # Installed
4015 2
Pol.. Removed
Po'- Type # Removed
C(lnductors Ir,....,~
:'."l5 rt Not tInder Paving
- '=-~Faat Under P.ving
Conductors Removed
_Fl Not Under Paving
_Feet Under Paving
(b) Modification to exl$tlng facllitin.lOther than d..oribed aboVe (expllllin fuNy~ County of Monroe agrees to restore and/or replaca any
sod, pavement, landscape which may be dal'mlQad as III rets\il't \)f j he instal~tion of. the street lidlt system.
Th., for and in consideration of the covenants set forth hert:Il'" thl') partie! "weto covenant and agree alii follows:
FPL AGREES:
1. To Inlitall or modify the street lighting f.cilitie6 described li....tI ide~.lIfiecl 8tw'lvu (hereinafter called the stre~",.. g ~.e~miah
to the Cu.tomer the elecbic energy n.cessary for the operetio" of t~e Street Ughtlng System. and fu~_ 4 .~~~. ..
are specified in this Agreement, alln accordanee witf1 the t9I'n'l'i of FPl.'(. currenUy effective street Ii~ .c~1e efile at
the Aorida Public SetVfce Comrrisslon (FPSC) or any Suocl'Silive litrMt ligMii1ig ... schedule .pproved~~P~ ""1
0(""). .c- 0
THE CUSTOMERAGR!!S: !;=O~ ::0
......0 -0
-f ('") r- :z: ::0
2, To pay 8 contribution in the amount of $0,00 prior to FPl's Initiating \:;'I'!' J..que<;ted l.ns~IIaUon or mod~1iON?; z:- ~
r-C')~O
a. To purchase fi-om FPL all of the electric energy used for the ol*ation ofth. street Ughting System. '!> tTl W ~
4. To be responSible for paying, when due, al bils fendered by FPl pursuant to FPL's currentl)ll1fectlve street lighting rate :ochedule
on file at the FPSC. or any successiw street lighting rate Ichedule approved by the FPSC, for facilities and service provided in
accordanoe lMth this agreement
6, To provide access, final grading and, when requested, good and sufllclent elilliement., suitable oonstruction dl1lWings showing 1he
Ioadion of eXisting and proposed mctures, Identiftcatior. of .n non-FPL undergrollnd faoilties within or near pole or trench
Iocdons. and appropriate plats necessary for planning the design afld completing the construetlon of FPL filcilltl9s 8ssoc:lated wth
the Street Ughting System.
6, To perfonn any c,"ring, compacting, removal of stufrl)$ or oth9f Gb$tructioll5 that oonllict with ooMtnll:tlon, and drainage of righfs..
of-'Nl!ly or easements required by FPL to accommodate the $ln'~ &ghtlng filclitii!ls,
IT IS MUTUALLY AGREED mAT:
7, ModifioatlOlls to the facllitle. provided by FPL under thlti agreE'ment. other than for maintenance, may only be made through the
execution of an additional street Ighting agreement delineating the modifiQltions to b. acoolf"4>/ished. Modification of FPlstreet
lighting feclltles Is deftned as the fOllowing;
a. the addition of &h.t lighting fIlc::iliti8S:
b. the removal of str..t lighting facilities; and
c. the removal of street lighting faclltles and the replacement of suoh facilities with new ~oilil:ies and/or .dditional facilities,
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Modifioatlom: will be subject to the co~t1o identified in FPL'S currontlyeffeetive street lighting rllte schedule on tile lit the FP8C, or
any successive achedule appnwed by the FPSC.
8. FPL will, Ilt the r.queat of the Customer, relocate the street Iight,r,,, faclllUes covered by this agreement. if provided iuffioient right-
of-ways or easements to do 10, The Customer sha. bo responsible for the payment of all co5b associated with I!Iny such
Customer- requested relocrion of FPL street lighting facilities, Payment ahall be made by the customer in advance of any
relocation.
9. FPL tmly, at any time, substitute for anyluminalrellaMp jnsl!l"~d !'eroynder anotherlumlnalrellarnp vdllch sl1aD be of at least equal
illuminating capacity and effiCiency.
10. This Agreement shall be for 8 term of ten (10) Yl'ililni from the dabll of Init~ion of serviC*; .t1d, .)(oept as provided below, Ilhalf
extlilnd thereafter for further successive periods of five (5) Ytil8l'S from the eXpiration of the inltllll ten (10) year term or from the
expiration of any extension thereof. The date of initi.tion of .,,!Vice shllll be dB1lned as the dete the first lights are energiZed and
biUing begins, notthe date of this ~reement. This Agreement s/lall be extended automatically beyond thelnltial the (10) year term
or any extension thereof, unlMs either party shall have given written notice to tile other of Its de. ire to terminate this Agreement.
The written notice shaN be by certified mall and shilll be given not Ie$$ than ninety (90) daya before the expiration of the initial ten
(10) year term, or any extension thereof.
11. In the event street lighting facllitiel5 covered by this agreement are ren'k'lved, 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
Ins1811ed cost of the facilities provided by FPL under this agreement less any salvage value and any depreci8tion (based on cuJT8nt
depreciation rates as approved by the FPSC) plus removal colt.
12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement of o1hefWIse fill to perform the Obligations
cont.ined in this Agreement, Aid obligations beilg meterleland going to 1he essence of thiS Agreement. FPL may cease to supply
electric energy or a,Nice until the Customer h.. paid the bills due and rendered or has fully cured such other breach ot thla
Agreement My failure of FPl to exercise Its rights hereunder shall not be a waiver of ib; tights. It Is understood, however, that
such discontinuance of the supplying of e1edt1c energy or servloe shall not constitute a breach of this Agreement by FPL, nor shall
it relieve the Custom..- of the obligation to perform any of the tt!ltrns end conditions of this Agreement
13. Th. obligation to fuml5h or purchase service shell be excused frI eny time that either party is prevented from complying wlh this
Agreement by strikes, Iocl<outs. lIres, riots, aets of God, the pu blic enemy, or by cause or causes not under the control of the party
thus prevented from compliance and FPL shaH not have the obli;jJatlot\ to furnish service if it il~ prevented from complying with this
Agreement by reason of any partial, temporary or entire lhut-doWl'\ of lillirvice which, in the .ole opinion of FPL, 15 11I11110flllbly
neoes58ry for the purpose of repelling or making more efticient all or any part of ita generating or other electrical equipment
14. This AgreelT18nt 5upel1lede. all previous Agntements or representations, eithefwritten, oral or otherwise between thi Customer
and FPL, with respect to the facilities referenced herein and eonstltutes the entire Agreement between the partiR. This Agreement
does not create any fights or prcvlde any ~edles to third parties or create any eddltlonal duty, obligation or undertakings by FPL
to third parties. .
15. This Agr"ment ahal inure to tM benefit of, and be binding upon the successors and assigns of the Customer and FPL.
16. This AgrMn1ent is subject to FPL's Electric Tariff, InCluding, but not Hmlted to, the General Rules and Regulations for Electric
SeMoe and the Rules of the FPSC, as they :are written, c~ D5: til>!j Il"iU!' ;.e l1epila1ter revised, amended or s:;ppler:,snted. In the
event of any conflict between the terms of this Agreement and the provisions of the FPL Eli80tric Tariff or the FPSC Rules, the
provisions of the Electric Tariff and FPSC ~ule. shall oontrol, .. they .re now written, or as they may be hent.ner revised,
aJl19nded or supplemented.
INWITNI!SS WHeREOF, the parties hereby caused this Agreemtflt to be executed iIlIriDlioatf)lIj~1bEWl._(JJuthorized
represelltatlvM to be effective as of the day and year filWt written above. A 9
Charges and Terms Accepted:
)f/J31:> '3DVH10)f '1 ANNVa :lS311V
FLORIDA P~R & LIGHT COMPANY (W3S)
By:
By:
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WlliamC. ~
(Print or type name)
Construction services Repl'Hentatlve
ZANNE A. HU~N
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