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Work Order No 6464-02-441 SE & SW9 FPL FPL Account Number: 3624124784 FPL Work Order Number: 6464-02-441 STREET LIGHTING AGREEMENT In accordance with the following terms and conditions, CITY OF OKEECHOBEE (hereinafter called the Customer), requests on this DECEMBER day of 1, 2003 , 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) OKEECHOBEE, located in OKEECHOBEE, Florida. (city/county) (a) Installation and/or removal of FPL -owned facilities described as follows: Fixture Rating (in Lumens) Lights Installed Fixture Type Poles Installed Pole Type # Installed # Installed Po es Removed Pole Type # Removed Fixture Rating (in Lumens) 22000 (b) Modification to existing facilities other than described above (explain fully):N/A Lights Removed Fixture Type SCH 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: # Removed 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), 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 $N/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. Page I of 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 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 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 of otherwise 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 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. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 16. 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 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: CITY OF OKEECHOBEE Customer (Print or type name of Organization) By Signature (Authori ed Representative) .�:it L- Vac (Print or type name) -� Title: CC /7 (/1'I rh rSl / �I�pr/ FLORIDA POWER & LIGHT COMPANY By: MIKE LAMARTINA (Print or type name) Title: Construction Services Representative Page 2of2 /• FLRMCHANGE/REMOVE FACILITIES 12/08/03 07:53:21 JOB ID 6464 02 447 DISTRICT BILL ACCT PPID LOCN PRINT FACILITIES 001 TO OOf CIR. LIGHT FACILITY ADDRESS-DETAIL LUMEN l A GRID NUMBER ORNT NUM NUM ON SECOND LINE LOON SIZE 6 3061 6344 0 9 SW 0003 022000 600 SW PARK ST # 6 3061 7045 0 5 SW 0004 022000 500 SW PARK ST # 6 3061 7747 0 7 SW 0005 022000 400 SW PARK ST # 6 3061 8548 0 8 SW 0006 022000 300 SW PARK ST # 6 3061 9347 0 4 SW 0007 022000 200 SW PARK ST # 6 3061 9948 0 4 SW 0009 022000 100 SW PARK ST # AT PARROT 6 3161 0848 0 6 0011 022000 200 SE PARK ST # 6 3161 1550 0 2 SE 0015 022000 100 SE 3 AV # F/O CITYHALL PF1/2/3=PG PF4=JL PF5=IS PF16=AC PF9=AP PF17=AB PF18=DP PF19=DT PF20=JB PF12=MI 013 - MORE FACILITIES ON NEXT PAGE CMD FLRM CHANGE/REMOVE FACILITIES 12/08/03 07:53:4( JOB ID 6464 02 447 DISTRICT BILL ACCT PPID LOCN PRINT FACILITIES 009 TO 00' CIR. LIGHT FACILITY ADDRESS -DETAIL LUMEN 1 A GRID NUMBER ORNT NUM NUM ON SECOND LINE LOCN SIZE 6 3161 0444 0 5 0017 022000 100 SE PARK ST # N ALLY PF1/2/3=PG PF4=JL PF5=IS PF16=AC PF9=AP PF17=AB PF18=DP PF19=DT PF20=JB PF12=MI 005 - NO MORE PAGES CMD