804 NW 2nd St1
FPL
FPL Account Number: 38241-24784
FPL Work Order Number: 8327215
STREET LIGHTING AGREEMENT
In accordance with the following terms and conditions, CITY OF OKEECHOBEE (hereinafter called the Customer), requests on this 22 day of
MARCH, 2019 , 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) 804 NW 2N° ST, located in OKEECHOBEE
, Florida.
(a) Installation and/or removal of FPL -owned facilities described as follows:
Fixture Rating
(in Lumens)
Lights Installed
Fixture Type
# Installed
Poles nstalled
Pole T # Installed
Poles Removed
Pole Type # Removed
(b) Modification to existing facilities other than described above (explain fully):
Fixture Rating
in Lumens)
2200
Lights Removed
Fixture Type # Removed
COBRA
Conductors Installed
Feet not Under Paving
Feet Under Paving
That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows:
Conductors Removed
Feet not Under Paving
Feet Under Paving
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 thls
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 $l/A prior to FPL's 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 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.
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IT IS MUTUALLY AGREED THAT:
7. Modifications to the facilities provided by FPL under thls 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 wilt be subject to the costs identified in FPL's currently effective street lighting rate schedule on fife 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 tuminairelamp which shall be of at least equal illuminating
capacity and effciency.
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 shalt 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 fall 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 walver of its rights. It is understood, however, that such discontinuance of the supplying of electric
energy or servico 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 lime 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 pan 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 aro 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:
By:
rint or type name of Organization)
Signature (Authorized Representative)
FLORIDA POWER & LIGHT COMPANY
13y:
c9 --.-1—A i a
(Signature)
DONNA PADGETT
(Print or type name) (Print or type name)
Title: 71,A cat- O 42- r4. s. 1)`. 2-C `vim—T111e:SERVICE PLANNING
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