HomeMy WebLinkAboutFPL Joint Pole Use 1985 fi
CAPE CANAVERAL
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y JOINT POLE USE AGREEMENT
THIS AGREEMENT, made and entered into this � �� day
o di 19 ki , by and between Cape Canaveral a political
su division of the State of Florida, hereinafter referred to as the PUBLIC
BODY, and FLORIDA POWER & LIGHT COMPANY, a Florida corporation having its
1 principal office in Miami, Florida, hereinafter referred to as FPL. The
Florida Department of Transportation will hereinafter referred to as
1 DEPARTMENT.
WITNESSETH:
WHEREAS, FPL occupies public ways, streets and private properties
1 with an unspecified number of poles upon which are attached electric
transmission and distribution lines, street lighting systems,
I communications lines and appurtenances; and the PUBLIC BODY also similarly
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occupies public ways with poles upon which are attached traffic control
g systems; and,
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WHEREAS, FPL and the PUBLIC BODY desire to cooperate in jointly using
1 each other's poles under one or more of the above conditions when the
1 conditions determining the necessity or desirability of joint use depend
upon the requirements to be met by both parties, including considerations
of safety and economy, and each party should be the judge of what the
character of its circuits should be to meet its requirements and as to
1 whether or not these requirements can be properly met by the joint use of
poles;
I NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, FPL and the PUBLIC BODY agree as follows:
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I 1. When either party wishes to use the poles of the other party,
said using party (a party making a joint use attachment) shall make an
application to the owner party (the party owning the pole) in the form of
EXHIBIT A, hereto attached and made a part hereof, placing those
facilities under terms of this agreement. Before attaching to any poles,
using party shall obtain the approval of the owner party, said approval
being subject to the sole and absolute discretion of owner party.
' 2. FPL's use of the poles subject to this agreement shall be
confined to the transmission and distribution of electricity and street
1 light systems in pursuit of its business of serving the public; and the
1 PUBLIC BODY's use of the poles subject to this agreement shall be confined
to that necessary for the operation and support of traffic control systems
plus appropriate signs and decorations acceptable to FPL.
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1 3. Both PUBLIC BODY and FPL shall, at their own expense, make and
I maintain said attachments in safe condition and in thorough repair, and in
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a manner so that they will not conflict with the use of said poles by the
owner or by other utility companies using said poles, or interfere with
the working use of facilities threon or which may from time to time be
placed threon. It is understood and agreed that either party hereto may,
1 at any time, and whether with or without cause, terminate joint usage for
1 any pole or poles by mailing written notice in the form of EXHIBIT 8 of
its intent to do so. The using party shall forthwith, at its own expense,
within thirty (30) days after its notice to terminate or the owner party's
notice, remove, relocate, replace or renew its facilities placed on any
1 pole or pole line, or transfer them to substituted poles, or perform any
other work in connection with said facilities that may be required by the
1 owner party; provided, however, that after giving thirty (30) days notice,
or without notice in cases of emergency, the owner party may arrange to
relocate, replace or remove the facilities placed on said poles by the
using party, transfer them to substituted poles or perform any other work
in connection with said facilities that may be required in the
1 maintenance, replacement, removal or relocation of said poles, the
facilities thereon or which may be placed thereon, or for the service
needs of the owner party, and the using party shall, on demand, reimburse
the owner party for the expense thereby incurred. Nothing in this
paragraph shall be construed to relieve using party of maintaining
adequate work forces readily at hand to promptly remove, repair or service
and maintain using party's facilities where such conditions are necessary
or are hindering owner party's operations.
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4. The owner party reserves to itself, its successors and
5 assigns, the right to maintain its poles and to operate its facilities
thereon in the manner that will best enable it to fulfill its own service
requirements, and in accordance with the applicable edition of the
National Electrical Safety Code in effect at the time of installation and
such specifications particularly applying to owner party hereinabove
referred to. Owner party shall not be liable to using party for any
interruption to service of using party or for interference with the
] operation of the cables, wires and appliances of using party arising in
any manner out of owner party's poles hereunder.
5. The owner party, because of the importance of its service,
reserves the right to inspect each new installation of the using party on
1 its poles and in the vicinity of its lines or appliances and to make
periodic inspections, semiannually or as often as plant conditions may
warrant, of the entire plant of using party. Such inspections, made, or
not, shall not operate to relieve using party of any responsibility,
obligation or liability assumed under this agreement. Using party shall
exercise special precautions to avoid damage to facilities of owner party
and of others supported on said pole and shall make an immediate report to
= owner party of the occurrence of any damage. User party agrees to pay
1 owner party all amounts incurred by owner party in repairing its
facilities damaged by user party.
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6. The using party hereby agrees to install, construct and maintain
its attachments with its own qualified electrician or by a qualified
electrical contractor paid under a contract let by the using party all in
1 accordance with generally accepted safety practices of the electric
utility and /or communications industry and the regulations of the Florida
1 Department of Commerce as they exist or as they are subsequently revised,
amended or superseded; and that utility service connections shall in all
5 cases be performed by FPL when FPL is expected to supply a utility
service. It is further understood and agreed by the PUBLIC BODY that the
said installation, construction and maintenance of such attachments within
six (6) feet of the power utility's primary conductors (which shall herein
be defined as all conductors with voltage potentials exceeding 750V) shall
be performed only with prior consent of FPL when pole ownership lies with
the PUBLIC BODY. When the pole ownership lies with FPL, all
• installations, construction and maintenance of PUBLIC BODY attachments
shall be subject to the approval of FPL within its sole and absolute
discretion and shall conform with any other joint use agreement now in
effect between FPL and other joint users.
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7. Whenever the PUBLIC BODY uses its personnel to perform work, the
following provision shall apply:
4 If the, PUBLIC BODY enters into an agreement for the joint use
= of poles owned by DEPARTMENT or FPL, or upon which DEPARTMENT or
FPL maintains attachments, and DEPARTMENT and FPL is agreeable
to said joint use, the parties agree that in consideration of
i $10.00 and other specific and mutually acknowledged benefits
received each from the other, PUBLIC BODY shall indemnify,
} defend and hold harmless DEPARTMENT & FPL from and against any
liabilities whatsoever, whether or not due to or caused by
negligence of Department and FPL, including attorney fees, for
injury to or death of person (s) or property damage arising or
resulting in connection with any activity performed by PUBLIC
BODY personnel associated with said joint pole use under this
agreement subject to the limitation set forth in Section
768.28(5) Florida Statutes.
1 If the PUBLIC BODY has liability insurance as of the date of
this agreement, or purchases said insurance at any time during
the term of this agreement, such Insurance shall be amended or
endorsed so as to include FPL as an Additional Named Insured to
f protect the parties hereto against any and all claims, demands,
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1 actions, judgements, cost, expenses and liabilities of every
nature, including attorney defense fees which may result,
directly or indirectly, under the terms of the above
indemnification. The limit applying to this agreement shall
equal the highest limit apllicable to any other exposure covered
under the policy.
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' 8. The PUBLIC BODY agrees to include the following indemnification in
all contracts with contractors who perform construction or maintenance work
on all joint use poles:
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"The Contractor hereby agrees to indemnify, defend, save and hold
harmless the DEPARTMENT and any Owner of equipment attached to or
supported by a jointly used pole from all claims, demands,
liabilities and suits whether or not due to or caused by negligence
of the DEPARTMENT or joint pole equipment Owners for bodily
injuries or death to person(s) or damage to property resulting
in connection with the performance of the described work by
Contractor, its subcontractors, agents or employees. This
indemnification shall extend up to but shall not exceed the sum
of $1,000,000 for bodily injury or death of person(s) for any
one occurrence and $300,000 for property damage for any one
i occurrence."
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9. The PUBLIC BODY further agrees to require its contractor to
I furnish General Comprehensive Liability Insurance or its equivalent
1 providing for a limit of not less than $1,000,000 for bodily injury or
death to person(s) per occurrence and $300,000 property damage each
occurrence. Said liability policy should be endorsed with a Broad Form
Contractual Endorsement covering the above indemnification or the
DEPARTMENT and Owner are to be Additional Named Insureds and the policy
will be primary to any coverage maintained by the DEPARTMENT or Owner. No
material change or cancellation will be made to the policy without ten
(10) days written notice to the DEPARTMENT. In addition, copies of the
I policies will be furnished to DEPARTMENT upon request.
10. The using party agrees to bear the cost of rearrangements of
additional facilities that may be necessary as a result of a prior
t agreement with the owner party and a third party for use of the owners
party's poles, or because of the needs of owner party. In the
alternative, the using party may discontinue use of said pole.
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IN WITNESS WHEREOF, PUBLIC BODY and FPL have executed this agreement
1 on the day and year first aforesaid, by their duly authorized officers and
representatives.
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' FLO R & LIGHT COMPANY
t By: /4 Lcz`
Grou ice President (Title)
,,,, � itle)
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(SEAL)
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f PUBLIC BODY
BY:
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Title:
>Y)Qyor
ATTEST:
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Approved: Approved as to form, legality, and
execution:
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(Date)
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EXHIBIT A
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ry
Application of Using Party
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19
a
In accordance with the term of Agreement dated
198_, by and between FLORIDA POWER & LIGHT COMPANY and THE CITY OF
, application is hereby made for license to
make attachments to the following poles:
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Location City: County: , Florida
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i Pole
Numbers Pole Locations (Describe Fully)*
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1
4
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Approximate date work will be done:
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By
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Title:
1 User Party
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A
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License granted , 19 subject to your approval
of the following changes and rearrangements at an estimated cost to
you of $ , payable in advance.
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License denied under Paragraph, , 19
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By
i Title:
Owner Party
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EXHIBIT B
1 Notification of Removal of Attachments
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1 , 19
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In accordance with the terms of Agreement dated
i ' 198 , by and between FLORIDA POWER & LIGHT COMPANY and THE
CITY OF .
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(Check applicable box)
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[ ] user party hereby notifies owner party of its
1 intent to remove all of its facilities and
attachments from the poles as described below.
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[ ] owner party hereby notifies user party to
remove all of its facilities and attachments
within 30 days of the date of this notice,
from the poles covered as described* below.
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Location: City: County: , Florida
1 Pple
Numbers Pole Location
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By
Title:
Owner Party /User Party .
(Circle One)
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* where possible attach location sketch.
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