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Home My WebLink AboutFPL Municipal Lighting 1963 0 1 111) MUNICIPAL STREET LIGHTING AGREEMENT FORM 216 -A 11 -57 PAGE 1412 P. 0. NO, 26150 I THIS AGREEMENT made this 1 15th day of Oct o b er 19 63 by and between the_ Ci o f Cape Canavera Florida, 1 a Municipal Corporation organized and existing under the laws of the State of Florida, and its successors (hereafter called Customer), and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida, its successors I and /or assigns (hereafter called Company). WITNESSLTH: THAT for and in consideration of the sum of One Dollar (51.00) paid by each party hereto to the other, and of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: i ARTICLE L COMPANY AGREES: • 1 SECTIOx 1. In so far as reasonable diligence will enable it to do so, to furnish electric energy and services to Customer for the street City of Cape Canaveral lighting system within the corporate limits of , Florida, in accordance with the terms and provisions hereof. I SECTION 2. To install on Company's existing distribution poles within thirty (30) days after receipt of written notice from Cus tomer, evidenced by a letter from Customer's City Clerk , under Customer's corporate seal, setting forth that such installation has been duly authorized by Customer's governing body, overhead bracket street lights, and to connect al e Canaver said street lights to Company's overhead street lighting circuits, now or hereafter installed in City of Cape , Florida, provided, however. that in the event it shall be necessary for Company to extend its street lighting circuits more than 300 feet in order to reach any additional overhead bracket street light ordered by Custom er, as herein provided, Customer agrees to reimburse Company for the I cost, in excess of 300 feet, of making such extension to its street lighting circuits. SECTION 3. To serve Customer's "White Way" and /or other type of ornamental post or ornamental bracket street lighting system which is now, or may hereafter be, installed, or any extension thereof, and to extend Company's overhead street lighting circuits to the point of connection with Customer's underground cable connecting together street lights forming Customer's "White Way street lighting system so constructed by said Customer, provided, however, that in the event it shall be necessary for Company to extend its street lighting circuits more than 300 feet in order to reach such point of connection, Customer agrees to reimburse Company for the cost, in excess of 300 feet, of making such extension to its overhead street lighting circuits. SECTION 4. To change the location of any street light in use or to substitute for any street light in use at one location any other street light of the same type and ownership, and of the same or greater rating in lumens, candlepower or wattage, not in use at any other location, upon payment by the Customer of the cost of such change or substitution and upon thirty (30) days' written notice from the Cus- tomer evidenced by letter from Customer's City Clerk ,under Customei s corporate seal, setting forth that such change in location or substitution of street light has been duly authorized by Customers governing body. i ARTICLE II. CUSTOMER AGREES: SECTION 1. To purchase from Company all electric energy and services necessary for the operation of the street lighting system City of Cape Canaveral within the corporate limits of Florida which is now, or may hereafter be, installed, the minimum requirements for which shall at all times equal that of the present installation as set forth under Section 1 of Article III hereof, plus that of all additional installations made by Company and /or Customer, under Article I of this Agreement. SECTION 2. To pay for all the energy and services furnished by Company at any business office or pay station of the Company, in accordance with the schedules attached hereto, made a part hereof and marked Rate Schedule Numbers S S SECTION 3. To construct, renew, repair and maintain the underground cable or overhead conductors connecting its "White Way" and /or other type of ornamental post or ornamental bracket street lighting system and the posts thereof so that at all times said street light- ing system shall be in a safe condition and, in the event it shall become necessary to reinforce or rebuild said system in order that it may be properly served in accordance with good electrical practice, to so reinforce and rebuild said system and to protect and save Company harmless from any and all loss, cost, damage or expense that may be caused to Company by reason of the failure on the part of Customer to properly construct, renew, repair and /or maintain said street lighting system in accordance with the provisions hereof. 0 0 1 1 ARTICLE III. IT IS MUTUALLY AGREED: SECTION 1. That the Prese _street lighting system within the corporate limits of City of Cape Canaveral ___ , Florida, consists of the following street lighting supported on bracket type fixtures, owned by Company : 5 20,500 Lumen Mercury Vapor 14 7,000 Lumen Mercury Vapor • i None supported on "White Way" and /or other type of ornamental post or ornamental bracket fixtures, owned by Company, and None supported on "White Way" and /or other type of ornamental post or ornamental bracket fixtures, owned by Customer. SECTION places oth 2. er than pu That by bli "street c buil dings. lighting ", as used in this Agreement, is meant the lighting of streets, avenues, alleys, p public parks, bridges, and SECTION 3. That no liability to furnish or take service shall exist at any time that either party is prevented from complying with this Agreement by legal proceedings, strikes, lockouts, fires, riots, acts of God or the public enemy, or, in case or cases not under the control of the party thus prevented from compliance, or by reason of any partial, temporary or entire shut-down of service which, in the opinion of Company, is necessary for the purpose of repairing or making more efficient all or any part of its electrical generating or other electrical equipment. SECTION 4. That Company shall use reasonable diligence to provide continuous service during lighting hours, and, having used reasonable diligence, shall not be liable for any outage. SECTION 5. hat Company may substitute for any lamp installed other lamps of at least equal illuminating capacity and efficiency as improvements in the art may make such lamps available, but no change shall be required in the size, style or capacity of any lamps without Company's consent. Company will replace any lamp with one of increased rating in lumens, candle power or wattage at the written request of Customer, evidenced by a letter from Customer's City Clerk , under Customer's corporate seal, setting forth that such request has been duly authorized by Customers governing body, in which case the monthly bill or bills thereafter rendered shall be correspondingly increased. 8 SECTION 6. That this Agreement shall be for a term of ten (10) years from O ctober 18 , 19 63 and shall extend for a further period or periods of five (5) years from the termination of the said ten (10) years, or any extension thereof, unless by written notice given by either party to the other not more than ninety (90) nor less than thirty (30) days before the date of term- ination of the said ten (10) years, or any extension thereof, either party shall have signified its desire to terminate this Agreement, provided, however, that Company will not be required to install and /or serve additional street lights at any time or from time to time within two (2) years prior to the expiration of this Agreement or of any extension hereof. —2= 0 SECTION 7. That should Customer fail at any time or from time to time to pay for the electric energy and services furnished hereunder or otherwise fail to perform any of the terms and condititions of this Agreement, Company, at its option, may refuse to make any additional installations under Article I of this Agreement and /or cease to supply electric energy and services to Customer here under until Customer has made such payments or otherwise fully complied with all the terms and conditions of this Agreement, it being understood and agreed, however, that such refusal to make additional installations and /or discontinuance of the supplying of electric energy and services shall not be a breach of this Agreement by Company nor shall cancel any of the terms and conditions of this Agreement. SECTION 8. That this Agreement supersedes all previous Agreements or representations, either written or verbal, heretofore in effect between Customer and Company, made with respect to matters contained herein and, when duly executed, constitutes the Agreement be- tween the parties hereto. SECTION 9. That this Agreement shall inure to the benefit of and be binding upon the successors of Customer and the successors a nd /or assigns of Company. IN WITNESS WHEREOF, the parties hereto have hereunto caused this instrument to be signed in triplicate by their duly authorized officers and their official seals to be hereunto affixed the day and year first above written. I Witnesses for Customer: City of Cape Canaveral Florida 6 1 ,e rf t.. ' a B -4 - � �.y_ ■ • • Mayor 1 d.41/",f-e-y .7 1e- 710,17 Attest: Witnesses for Company: / �� _ • -,A ' v A• = ► ... - r'7 Clerk ye L/ rlit -c -1,-- FLORIDA POWER & LIGHT COMPANY ---e 1 �7 Q BC �S� -� Manager l _ Attes t: Approved as to form and correctness Oki' / 7 d ' Asst. Secre of c2c. �; 19 1 Attorney for ` - ' r �`� , Florida 1 1 1 I • i i t I e , i 1 i l _3— i