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HomeMy WebLinkAboutReso 98- 84RESOLUTION NO.98—48"'T A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A STREET LIGHTING AGREEMENT BY AND BETWEEN THE CITY AND FLORIDA POWER & LIGHT FOR, AMONG OTHER THINGS, THE INSTALLATION AND MODIFICATION OF STREET LIGHTING FACILITIES IN ACCORDANCE WITH THE AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to assume lighting responsibilities on certain private streets within the City of Sunny Isles Beach; and WHEREAS, in order to accomplish that the attached Street Lighting Agreement be executed; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: I . The City Manager is hereby authorized to execute the Street Lighting Agreement attached hereto as Exhibit "A" and made a part hereof. 2. This Resolution shall take effect upon adoption. PASSED AND ADOPTED this 17th day of S ATTEST: Richard Brown-Morilla, City Clerk Street Lighting Res. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4LM.::D annheisser, City Attorney Vote: 5_ 0 Mayor Samson Vice Mayor Turetsky Commissioner Iglesias Commissioner Kauffinan Commissioner Morrow Street Lighting Res. Moved by: Seconded by: Ci•�- ��8�y�a•� ✓ (Yes) (No) (Yes) (No) (Yes) (No) _(Yes) (No) CT ' First Revised Sheet No. 9.100 FLORIDA POWER & LIGHT COMPANY Cancels Original Sheet No. 9.100 FPL Account Number FPL Work Order Number. STREET LIGHTING AGREEMENT In acoordanoe with the f k"V terms and conditions, city or sunnv was Beech (herainatter called the Customer), requests onft � and day of August 1995 , trom FLORIDA POWER & LIGHT COMPANY (hereirre W called FPL), a axpaation eedutlrg under the laws of the State d Floride, the folmvi g ir>ataNdlon or.,mxl cdb of atrad lighting facrlifiss st (general boundaries): Wlhin dv t nits d SUNNY ISLES BEACH located In SUNNY ISLES BEACH , Florida ( r" (a) Instaldlon andlar removal of FPL-owned fardtiies described as folows: Existing Lights Installed Fire Rating Fb&n Type s krafaled (in Lumens) 58M L OB 95 9500 L OB 38 Pales Inafaled Pak Type 0 installed PMC 52 PMW 21 Poke Removed Pde Type 0 Removed Lilts Removed Fbdue Rating Fb&" Type S Removed (in Lumens) 5410 Fed not Under Paving _Fed not Under Paving 3409 Fed Under Paving _Feet Under Paving (b) Modification to eisting 91 , Ni 1 other than daa r I a above (eplain fuiy): — AN 5800L to be LR22ded to 9500L after find aoorovd of 9 ft of % y Isis Beech. Coat of WgMdina OW to Bob Prwki+ That, for and in carmiClefatlon of the covenants set forth herein, the parties hereto covenant and agree as folms: FPL AGREES: To instsi or modify the aired fgttirg f 11115 described and identified above (hereinafter called the Street l Vft System), furnish to the Customer fe eleetric energy necessary for the opsrstieon of the Stred Ugitirrg System, and hNNsh such other servioes as are specNkd in this Agreement, al in aocordaroe with the terms of FPL's currently effective street lighting rate schedule on f k at the Florida Public Service Commission (FPSC) or any successive stred igti;rg rate schedule approved by the FPSC. (Continued on Sheet No. 9.101) Issued by: P.J. Evanson, President Effective: July 8,1998 — �ntn ♦ nnwCo Y. 1 IMIT roMPANY Original Sheet No. 9.101 (Continued from Sheet No. 9.100) THE CUSTOMER AGREES: 2. To pay a contribution in the amount of S 940.00 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 FPUs 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 rightsof- way or easements required by FPL to accommodate the street lighting facilities. 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 ten (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. (Continued on Sheet No. 9.102) Issued by: S. E. Frank, President Effective: July 9,1992 "FLORIDA POWER & LIGHT COMPANY OriOW Sheet No. 9.102 (Continued from Sheet No. 9.101) 12. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or 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 terns 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 Agrmnau 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 now written, or as they may be hereafter revised, amended or supplemented In the event of any conflict between the terns 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 behereafter 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 Terns Accepted: SUNNY ISLES BEACH CITY HALL Customer (Print or type name of Organization) BY Si (Authorized Representative) JAMES DIPIETRO (Print or type name) Title: CITY MANAGER FLORMA POWER & LIGHT COMPANY BLIV-4 1A ' FmA Pk , / (Sites) (P ' t or type name) Issued by: & L Frank, President Effective: July 9,1992 I r- y City of Sunny Isles Beach Public Works Department 17070 Collins Avenue #250 Sunny Isles Beach, F133160 (305) 947 - 0606 Fax (305) 949 - 3113 TO: City Commission FROM: Bob Pushkin, Public Works Superintendent SUBJECT: Street Light Agreement DATE: September 17, 1998 RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute a Street Light Agreement with Florida Power and Light Company. REASONS Currently there are five special taxing districts and two private street light agreements within the City of Sunny Isles Beach. Miami -Dade County installs street lighting systems in areas desired by the residents but imposes a special taxing district for the payment of the FP&L bills. Staff believes that this is a function of the City government and is similar to other municipalities in Miami -Dade County. ADDITIONAL INFORMATION With the approval of the Street light Agreement the City will have all the street lighting fixtures within residential areas upgraded from 5800 lumen to 9500 lumen. This amounts to a 60% increase in the light output per fixture. The funds to pay for the street lights are included in the 1998-99 pending budget. Staff estimates yearly cost of $19,500.00. �� S ted, v Bob Pushkin Public Works Superintendent PROPOSED DISTRICT BOUNDARIES STREET LIGHTS ARE PROPOSED TO BE INSTALLED ALONG ALL RESIDENTIAL STREETS WITHIN THESE BOUNDARIES IN { Ir f( 15 \ cr- W Q t 1 1 10-64) 0 J � / (n m O U K 0 f TR.A / (116-21 ) 1 1/Z ST. i TR7.A ------------------- (966) (SUNNY ISLES BLVD. TR. A PLAZA OF THE AMERICAS STREET LIGHTING IMPROVEMENT DISTRICT SECTION: II a 14-52-42 EXHIBIT 013� L ---\1 I r- y City of Sunny Isles Beach Public Works Department 17070 Collins Avenue #250 Sunny Isles Beach, F133160 (305) 947 - 0606 Fax (305) 949 - 3113 TO: City Commission FROM: Bob Pushkin, Public Works Superintendent SUBJECT: Street Light Agreement DATE: September 17, 1998 RECOMMENDATION It is recommended that the City Commission authorize the City Manager to execute a Street Light Agreement with Florida Power and Light Company. REASONS Currently there are five special taxing districts and two private street light agreements within the City of Sunny Isles Beach. Miami -Dade County installs street lighting systems in areas desired by the residents but imposes a special taxing district for the payment of the FP&L bills. Staff believes that this is a function of the City government and is similar to other municipalities in Miami -Dade County. ADDITIONAL INFORMATION With the approval of the Street light Agreement the City will have all the street lighting fixtures within residential areas upgraded from 5800 lumen to 9500 lumen. This amounts to a 60% increase in the light output per fixture. The funds to pay for the street lights are included in the 1998-99 pending budget. Staff estimates yearly cost of $19,500.00. �� S ted, v Bob Pushkin Public Works Superintendent PROPOSED DISTRICT BOUNDARIES STREET LIGHTS ARE PROPOSED TO BE INSTALLED ALONG ALL RESIDENTIAL STREETS WITHIN THESE BOUNDARIES IN { Ir f( 15 \ cr- W Q t 1 1 10-64) 0 J � / (n m O U K 0 f TR.A / (116-21 ) 1 1/Z ST. i TR7.A ------------------- (966) (SUNNY ISLES BLVD. TR. A PLAZA OF THE AMERICAS STREET LIGHTING IMPROVEMENT DISTRICT SECTION: II a 14-52-42 EXHIBIT 013� L ---\1 i PROPOSED DISTRICT BOUNDARIES STREET LIGHTS ARE PROPOSED ALONG ALL RESIDENTIAL STREETS WITHIN THESE BOUNDARIES. 3'r - W 172 J 1' a O U 0 a 2! m �I Z AVILA - SALEM r77 STREET LIGHTING IMPROVEMENT DISTRICT SECTION :I 1- 52- 42 Exhibit 08'. �Q i PROPOSED DISTRICT BOUNDARIES STREET LIGHTS ARE PROPOSED ALONG ALL RESIDENTIAL STREETS WITHIN THESE BOUNDARIES. 3'r - W 172 J 1' a O U 0 a 2! m �I Z AVILA - SALEM r77 STREET LIGHTING IMPROVEMENT DISTRICT SECTION :I 1- 52- 42 Exhibit 08'. �Q PROPOSED DISTRICT BOUNDARIES STREET UGHTS ARE PROPOSED ALONG ALL RESIDENTIAL STREETS WITHIN THESE BOUNDARIES. M 1 I N . l 3eD 5T 8 p — J /,q V Wy , c7 .� O 9's 0 - 2 1 �� I 17 gyp Q ST O F Sl F= I a 3 I \° ---------1 - sr 1741" N /72"b sf SUNNY ISLES S. L. I. D. L - qo .SECT. 2 a 11 - 52- 42 EXHIBIT "B° MAY 15th, 1975 PROPOSED DISTRICT BOUNDARIES.- Street lights are proposed to be installed along all residential streets within -these boundaries. AIIII 35 0 AND A A + VEP N $, S, S T S" 2 491 _Mem-f mm, st. Scale 1 =2,000 A GOLDEN SHORES NO. 2 STREET LIGHTING IMPROVEMENT DISTRICT (Sec. 2, Twp; 52, Range. 42) CfiNNV TCT_FC AT_ Yn `W a V) z J v KINGS POIN I 0 PPL July 21, 1999 Mr. Bob Pushkin Public worm Sttpedubmdmt city of Scatty isles Beach 17070 Oollim Ave, Suite 250 &MW Isles Beech, Florfda 33160 RE: Sheet Lights Dear Sir, Florida Power & Light Company, 6185 N.W. 82nd Avenue, Miami, FL 33156 Below you will fled a break down of the cm fbr the city of Suzury Isles Bawb to take over the billing of the streetligbts you have indicated also the cost to up-g<ade the 5SM's to 95DOL. As far as time is concerned it d=1d tak appmxbruttely 8-10 wedcs to complete the up gmdfng of the lights once we receive your approval. COST TO UP GRADZ — THERE WILL BE A COST OF S 940.0o TO UP GRADE THE MVJMT LIGHTS IN ADDITION TO THE ADDITIONAL MONTHLY CHG. ON HLY COST: S 1443.97 per month AtlanticWM (d9500L S 143.73 per month Kam' es pttinl—(di 9500E $39.16 per month TOTAL PER MONTH = 51626.76 an FPL Croup company SEP 04 198 09:33AM WEST DRDE S/C P.7 COST AS IS n-aa f`�mv Ctre l!&bts $ 1376.18 Adag c isles Stm9laehts $143.73 @ 9500L r4r,m arm •.a $ 38.44 If yeu have any 9uesdM PM Canes = at 305-599-4023. Beverly Peterson Distribution Engineering Tech City of Sunny Isles Beach Public Works Department 17070 Collins Avenue #250 Sunny Isles Beach, F133160 (305) 947 - 0606 Fax (305) 949 - 3113 TO: Beverly Peterson, Distribution Engineer Florida Power & Light Company FROM: Bob Pushkin, Public Works Superintendent SUBJECT: Street Light Agreement DATE: September 18, 1998 C Attached you will find the executed Street Light Agreement and a check in the amount of S940.00 for the cost of upgrading all 5800 Lumen fixtures to 9500 Lumen.. You will note that the date of the agreement has been changed to October 1, 1998, which is the date that the City of Sunny Isles Beach will be responsible for payment of these lights. Those areas covered by this agreement are; Special Taxing Districts 1. Golden Shores S.L.I.D.#L-21 2. Golden Shores S.L.I.D.#L-23 3. Sunny Isles S.L.I.D 4. Avila -Salem S.L.I.D. 5. Plaza of the Americas S.L.I.D Private Street Light Agreements 1. Atlantic Isle Civic Assoc. 2. Kings Point Please inform me as to the design and job completion date. Should you have any questions please contact me at the above telephone number.