Loading...
Resolution 4479 RESOLUTION NO. 4479 APPROVING A PROPOSED LARGE POWER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY COVERING ALL POWER AND ENERGY REQUIRED FOR AND IN CONNECTION WITH THE CITY OF MIAMI BEACH'S SEWAGE PUMPING STATIONS LOCATED IN THE CITY OF MIAMI BEACH, FLORIDA, AND SETTING OUT THE TERMS AND CONDITIONS UNDER WHICH THE SAID POWER AND ENERGY SHALL BE DELIVERED BY SAID COMPANY AND RECEIVED AND PAID FOR BY SAID CITY; AUTHORIZING AND DIRECTING THE MAYOR, THE CITY CLERK AND THE CITY MANAGER, OF AND ON BEHALF OF THE CITY OF MIAMI BEACH, TO EXECUTE AND ENTER INTO SAID PROPOSED LARGE POWER AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA: 1. That the said proposed Large Power Agreement between the City and Florida Power & Light Company, which is hereinafter set forth in form in Section 2 hereof, be and the same is hereby approved es to form and substance. 2. That the Mayor, the City Clerk and the City Manager, of and on behalf of the City of Miami Beach, be and they are hereby authorized and directed to execute and enter into with Florida Power & Light Company the said proposed Large Power Agreement approved in Section 1 hereof, and hereinafter set forth in form as follows: • TBI8 A0g aT, made this day of 1$y9, by and between the CITY OF kleXI BEACH, FLORIDA„ muricieel corpora- tion orgenieeed and existing ur. ar the aws of tea Et:.tee f Florida (he;lreinexfteer celled tee seorsumer") , tr! YLOItII!t ?OUR & LIGHT COMPANY, a corporation orgeni ted i rei existing under the lg:was of tee Stet, of Florida, (hereinafter celled tee eComeene) , ` I T s L S T x = Me? for end in consideration of tee sue, of One Doll*r MOO) eeid by excel party hereto to tee other, area of thea coven, nts &Ad ag:eezents herein set forth, tee pertios eerato covera►.nt and agree as fol1oss 1. The Company shall sup: 1y, en=: tee Consumer shall receive end s.ey for all paver : r/ energy re euireed for end in connate tion vith the Consumer' s Lee-age Pumping Ete-tions loceted in the Cit; of Miami Beech, Florida, in acaear r oee with the terms and con itions of aEleibit A", attached eeretc ard secede a pert hereof, which exhibit sets out the type of opera tion served, loortion of etch service, tepliesble rate tcheOule, a intniuis e~uantity of power cantrekcte for hereunder :'rd to be received and paid for by the Consumer, the several points of delivery to be served herenro er, n rd the ch<rac ter of ehch service, . That, not ~tthst6ndin+g rxnythiog herein to the contrary, Consu:14er msy cf,ncel this ;gr'er ent at to any loeetion or loco i:ions cove. e 1 h+er ,by. on any anniversary ditto of this aagree; ent during its ori Tinel ten year (10 yr.) term by giving Company not more than ninety= (90) -nor less than thirty ( )) days' written notice of Consumer's intention to cancel this agreement as to such location or Joostions, r.r.;d upon Consumer's paying to the Company the 10% d.is count eUo-.est Consumer under the attached Bate :chedule or &oba dules because of this sgreement having beer made for x• term of not less then ten (13) yeer r s. If Cona ai r elects to c rco1 this a.grfemee/it serbsecueent to the original ten pert term hereof, it meay do so on any ennivere ry to hereof :.ithout refunding to Company anything va"a:- te<oever. Z. That if, during the term of this Agreement, Consuneer hes other opci riots tt low tion: in tee City of Miami Bosch not covered by 0gxhibit .t" hereof, Consumer nay notify Company by serving c:omeeny pith one of Consumer's reguler Purcheee Or- ders covering such ler es tions e<:rd such locr.tion ahe<11 4e deemed to be covered by this Agreement soka thereafter sse7,'ved hereunder in °°eord,.:rnce with the applicable ret. schedule dur- ing the reemeindeer of the term hereof. 4.. That all payments shall be made at the Gael:; nt,e s o.f fi=.:ee in the City of lased Beach, Florida. 6. Teat the term of this Agreement shell be for teen (10) yeera from /q day of - ,, 12a, and shell extend for r further ,.erioe' -ar periods of five (5) year ,rs from the ermineee tion of the a id period of ten (10) years or any extension thereof, unless by written notice given by either .;,!),•ty to the other not more than ninety (90) nor less than thirty (60) days before the este of ter airy-tion of the s ;i4 ten (10) years or ,any extension thereof either ps ty sen eve wig- nifiee its desire to tsrnin tee this Agreement. 8. That if, during tel term of this r,etremment, Co pony meaces effective eny other Este a cheedutle F•pplic ..ble to the clew or c1P•asees of service rendered hereunder vhiet vould result in t net annu-.I bila. to Consumer eee nal to or lover than Consumer's net ennusl bill h sed on Consumer's bills ending on the last meter ree: : irg date prior to the effective L. rete of such other Rate schedule, then Company shall notify Consumer in <riting of such other Pate Schedule end shell deliver to Consumer with the said notice s copy of such other _: to Lcheeule, snd such :ether lets Schedule shell be rutoe rnrttic ally substituted for the nh.te Schedule now A ,. rt of this r,greement for such cless or classes of service unless consumer notifies Coep��.ny in writing within thirty t30) days from the receipt of Company's notice, that Consumer objects to such nubstitutton end, if there it ne objection, beginning -°pith the first billing period thereafter, Consumer shall be billed and ay the Company in : ccordence with the terms and conditions of such substituted Rate Schedule. 7. That this Agreement supersedes ell irevious n; ree- ments or representation; , either written or verbal, heretofore in orreect het ,.een the Company and the Consumer, made ;::ith re- spect to matters herein contained, and when duly executed, con- stitutes the Agreement between ~sties eeereto. 8. That vich point of delivery shall be measured by a single Meter in accordance with "Fahibit A* rand is a distinct and separate service; and the Company shell bill the Consumer aeparntely for each point of delivery under the epelic able rete schedule es shown on said *Exhibit *. 9. That this Agreement shall inure to the benefit of end be binding upen the respective heirs, legal repre sent itive s, successors mad assigns of the p.= rties hereto, but the Consumer shell not assign this Agreement without first having obtstned the eritten consent of the Compeny. IN TITNESB WOF the parties hereto have caused this Agree- ment to be duly executed in triplicate the deer snd year first above written. CITY OF MUNI BEACH, FLORIDA witnesses for the Consumers By Mayor City Clerk P,PPeeV O: City Manager witnesses for the Company: P'LOFID PT:ee & LICHT CO11P'1,1Y By Preei3ent STTFeTt Approved Ids to form rnd correctnef <..ssist' .,nt eecretsry this d Iy of 1974. Attorney for the City of Mie mi Sesch, florid.=. _ __ • PASSED AND ADOPTED this 1st day of March A. D. 1939. .:7(2 —c - Mayor • ST: ity Clerk 4-I (1) 0 O �+ O ON 0 V-I d G) H o T m 0 W 4-I o • .-. co O .S'� • 0:4 +) O O +' bf)r+UY+ c3 Z r � - r1 -P m JH .N-1 -1-D .bb a) bO O (� Mrd bD � T.4 ogop w . • j r �► r IIII