HomeMy WebLinkAboutResolution No. 1976-11 -7-
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RESOLUTION NO. 76-11
A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL
TO ENTER INTO AN AGREEMENT WITH FRANK HOOG REGARDING
LIGHTING OF STREETS OF COCOA PALMS MOBILE HOME PARK;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral has determined that it
is in its best interests to have Florida Power and Light Co.
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,;' install street lighting in the Cocoa Palms Mobile Home Park in
said city ; and
WHEREAS, the owner of said mobile home park has agreed to
pay to the city all costs , including the monthly electric billing
t for the operation , installation and removal of said lights;
NOW, THEREFORE , BE IT RESOLVED by the City Council of. the
City of Cape Canaveral , Florida, as follows :
SECTION 1. The Mayor and City Clerk are hereby authorized
' to execute an Agreement between the City of Cape Canaveral and
Frank Hoog for the lighting of Cocoa Palms Mobile Home Park
streets , a copy of said agreement being attached hereto and made
part hereof.
SECTION 2. This Resolution shall become effective immediate-
ly upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral
this 16th day of March, 1976.
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NAME YES NO ABS
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MACLAY
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NICHOLAS
RHAME
SALVAGGIOK
THURM
AGREEMENT
THIS AGREEMENT, made this 17th day of March, 1976,
by and between the CITY OF CAPE CANAVERAL, Florida, herein-
after called "City," and FRANK M. HOOG, hereinafter called
"lloog 1'I
In consideration of the mutual promises and fees
provided herein, the parties mutually agree as follows:
1, Purpose, The purpose of this agreement is to
permit the installation of street lights in the Cocoa Palms
Mobile Home Park in the City of Cape Canaveral, Florida, by
Florida Power G Light Co. The City believes that such in-
stallation is in the best interest of the City and serves
the general welfare of its inhabitants. In order to effect-
uate the installation of these street lights at a lower cost
the City has agreed to be responsible to Florida Power 6
Light Co. for the expenses involved in operating said lights
for a period of ten years. This agreement is to ensure
reimbursement to the City by Iloog as pertains to all expenses
incurred therein,
2. Term of Agreement, This Agreement shall be for
ten years, commencing on March 17 , 1976, This
agreement may be terminated by Iloog at any time, provided lie
pays to the City all costs charged by Florida Power f, Light
Co, for removal of the street lights and any other costs in-
curred by the City regarding the removal thereof,
3. Fees, Hoog agrees to pay to the City all amounts
for service as may be billed monthly by Florida Power $ Light
CO. to the City for street lights installed at the Cocoa Palms
Mobile Home Park, pursuant to this agreement. In addition to
these amounts, Iloog agrees to pay to the City the utility tax
as provided in Section 541 of the City Code of
the City of Cape Canaveral, Florida, All such billings should
be paid by Hoog to the City within thirty days of the
date of billing.
RICIIANO F. SCOTT ATTORNEY AT LAW 7412 NORTH ATLANTIC AVENUE CAPE CANAVERAL. FLORIDA 32920
4. Documents Incorporated. The following documents
are incorporated by reference and made part of this agreement:
a. Florida Power B Light Rate Schedule SL- Street
Lighting, effective play it 1975
b. Florida Power 6 Light Drawing entitled "Street
Lights Proposed for Cocoa Palms Mobile Court S.R.
AlA, Cape Canaveral" dated February 3, 1976
C. Letter dated February 12, 1976 from Florida Power
4 Light Co., to City of Cape Cannveral.
5. Liability. Iioog agrees to hold the City harmless
from all liability which may result from the operation and in-
stallation of the street lights described herein, and to in-
demnify the City for any loss incurred, including damages,
attorney's fees, court costs and any other costs incidental
thereto.
6. Assignments. This agreement may not be assigned
by Iioog without the express written consent of the City. In
the event Iioog sells, transfers, conveys or otherwise disposes
of his interest in the Cocoa Palms Mobile Court, and the trans-
feree, assignee or purchaser fails and refuses to accept t11e
terms of this agreement, then Iioog agrees to be personally
responsible for all charges set forth above, including cost of
removal of said street lights and depreciation charges due
Florida Power 6 Light.
7. Termination. This agreement may be terminated at
any time by lloog, provided he pays all costs incurred by the
City and Florida Power 6 Light Co. for the removal of the street
lights described herein, including the depreciation costs
charged by Florida Power L Light Co. In the event Iloog fails
to pay any fees, charges and utility taxes billed to him by
the City within thirty days after date of such billing, then
this Agreement may be terminated by the City, and all costs of
removal described herein to be paid by Iioog.
Signed and sealed by the parties hereto on the Jay
2.
MICMAMO F. SCOTT ATTORNEY AT LAW 7412 NOMTM ATLANTIC AVENUE CAPE CANAVERAL. FLORIDA 32—
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and year first above written.
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CITY OF CAPE CANAVERAL, Florida
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RICHARD F. SCOTT ATTORNEY AT LAW 7412 NORTH ATLANTIC AVENUE CAPE CANAVERAL, FLORIDA 32920