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.=.
_ __
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PASSED AND ADOPTED this 1st day of March
A. D. 1939.
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ity Clerk
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