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HomeMy WebLinkAboutDuke Energy/Street Agreement Information Energy and Maintenance CM 01078250 7/30/2009 Agre.rm Covwage Ag earned Monger Curse Data 17603050 111 815 75115 S431 V562 OLEO8IN SULP Customer Accoin Nutley Request Marty Bus muslin? Rwp Cent OPy UM Props! Rate Coda OUTDOOR LIGHTING SERVICE AGREEMENT APPROVED A TO DE Indiana FORM BY 1000 East Main Street Plainfield IN 46168 Duke (Ener Business Name Carmel Remnt rlapt Customer Name Dave Huffman The Agreement begins when Service is Sennce Location or Subdivision in operation and continues with annual extensions until either party terminates Service Address 3894 Wolf Creek Circle with wrntlen notice to the other party Service Address Bnar Lane Estates Service City State Zipcode Cannel IIN 1 46033 Mailing Name Dave Huffman Thrd Participant One lima Payment Mailing Business Name Carmel Street Dept Mailing Address Street Dept Mailing Address 3400 W 131st Mailing City State Zipcode Westfield I IN I 46074 This Company ow ned Ighbng system or light(s) involves three b fable components These components are (1) initial Equipment and installation costs (2) Energy usage and (3) I buntenance/operating costs A third party has satisfied Equipment component This Agreement will cover the Energy usage and Maintenance and w ill continue for the service Ilfe of the lighting system or light(s) Reese see attached draw ing or Exhibit A for the proposed placement of lighting equipment WITNESSETH WHEREAS Customer desres to have a Company ow ned outdoor Ighting system( System!) on designated property and WHEREAS COmpany has the ability to ow n Install operate and maintain an outdoor lighting systems NOW THE2E:ORE in consideration of the mutual covenants contained herein the parties agree as follows Below Is the estimated monthly amounts for the lights and poles covered by this Agreement LAMP LAMP IMPACT EST EST MAINT OPER NUMBER ESTIMATED ITEM LUMINAIRE STYLE/DESCRIPTION WATTS SOURCE WATTS ANNUAL ENERGY CHG EACH OF LIGHTS LINE (Mai CHG EACH TOTAL 1 Tradlhonairo 150W HPS (50110443) 150 i HPS 0 166 744 5 2 81 54 00 1 5 6 81 Lamp Source MH Metal Halide HPS High Pressure Sodiur MONTHLY TOTALS 1 5 6 81 Tariff riders and sales tax are not included and may cause the monthly amounts to fluctuate The Energy may also be NETD ED If Energy usage is metered the Information above Is superseded by the METERED usage and charges In addition to the !umrnaire information with estimated monthly amounts shown above please refer to Pole Information In Section 1 A hereof Energy Usage In Section 1 B and System Maintenance information in Section IV for further details IN WITNESS WHEREOF the parbes hereto have caused two copies of this Lighting Service Agreement Agreement to be executed by duly authored representatives effective the Current Date frst w ratan above The Agreement is made and entered Into by the subsidiary of Duke Energy Corporation a Delaware corporation named above (hereafter Company and the Customer Neither Duke Energy Corp nor any of as other affiliated convenes are parties to this Agreement b. Duke Energy Representative AND Q/dstomer Representatuv Signature Signature ��ii /J Pnnted Shirley Hun PnntedName ZAMn4 k!rasN0c. Date 7/30/2009 Date b II- 0 7 If inors space Is requred for additional Cusiomer signaturu please attach a dated lotterwith signatures anit and reference this Agreement OUTDOOR LIGHTING SERVICE AGREEMENT SECTION 1 EQUIPMENT AND INSTALLATION 11 In accordance with conditions set forth herein Company agrees to install for Customer all necessary equipment to provide operate and maintain the System 12 A detail of the locabons of the equipment constituting the System is set forth in a drawing or print marked EXHIBIT which is attached hereto made a part hereof and incorporated herein by reference 1 3 In addition to the Luminaires set forth on page 1 the System consists of the following poles A Pole Information (monthly charges Included with luminaires on page 1) HEM ITEM POLE DESCRIPTION QUANTITY 1 12 FT Rnd FBG Blk DI(807274) 1 TOTAL NUMBER OF POLES 1 B Energy Usage Based on the appropriate State Utlllty Regulatory Commission approved rates Current Rate per kWh 0 045387 Rate Effective Date 05/24/2004 Estimated Annual Burn Hours 4,000 CALCULATION FOR ESTIMATING UNM ETERED ENERGY USAGE Impact Watts The energy used by the lamp watts plus ballast watts a kn pact watts times estimated Annual Bum Hours as c Ann al kWh d v ded by twelve II) months equals shown in lines above equal annual watt hours monthly kWh b Annual watt hours div ded by 1000 hours eq ale annual d Monthly kWh lanes current rate per kWh equals the kdowalt hours (kWh) monthly dollar amount for each item Tariff riders and sales tax are not included w hich may cause the amounts to fluctuate LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE) Company has Installed the System m accordance w th Customer a spec flcattons cottesrmrw the demon and layout (mclud ng pole locations numbs and types of tights) Companyhas not des gned the System Customer is responsible for aliments of the des gn and layout of the System Customer understands that its design and la 0 1 11,0 Syslem may not be in accordance mthmtnsnum lootcandle and light ng unto m tystandards therefore Customs agrees to release Indemnify hold harmless end defend Company fom and against anyand allele ms demands causes of Wan I abdtes losses damages and /or expenses resultmg from (or alleged to reawult fmm) the des gn and/or taper of the System mcludmg damage to ordestmctmn of personal property personal nlurie, matedng death) and reasonable attorneys fees Customers Signature Dale I PAOE 2 OF 4 IOUTDOORLICHTINGSERVICE IREV 412006 (ACCOUNT 1 IAGREEM ENT 1 IDATB OUTDOOR LIGHTING SERVICE AGREEMENT SECTION II CUSTOMER OPTIONS FOR SYSTEM damage and be performed on a time and maternal cost basis in witch instance OPERATING HOURS an estimateof costs cod be provided to the Customer before the work begins Company reserves the nght to charge Customer for repair costs incurred due ALL HOURS OF OPERATION FOR ANY OPTION MUST BE BETWEEN to vandalism THE HOURS OF DUSK TO DAWN (ONE HALF HOUR AFTER SUNSET TO ONE HALF HOUR BEFORE SUNRISE) TO QUALIFY FOR 43 M amtenance does not mclude partial or full System replacement or major THIS ENERGY USAGE RATE repairs due to System age While manySystems list b to 25 years different types of lighting equipment have different life spans Lighting equipment 21 OptionA is the typical dusk to-down pholoelectnc cell auto matoasyoaerated suppliers may also disco Minuemanu factureolcarian equipment End of life System Lights tum onappmnmatey y2 hoes after sunset and shut off l2 hour for a System WI be determined by the Company before sumse This maybe a monthly estimated energy usage based on kxmmalre impact wattage and lamp source equallyovertwelve months (See 44 Company reserves the night to update or modify the monlMy maintenance Section l B above) or metered using actual energy usage plus a monthly charges to reflect charges in Companycosts formatenals and labor no mom meter charge often than everytrres years on a Companyassgned schedule which maynot co made with the term of this Agmement 22 Option 6 AVAILABLE FOR ONLY MUNICIPAL OPERATED AREAS AND WITH COMPANY APPROVAL This option is exclusively for seasonal lighted 4.5 Company reserves the ngM to charge a lea equal to a mlmmum of one ornaments operated from 120 volt outlets which are mounted near the top of hour lobo rand lrenspoftation costs for trips to disconnect and reconnect Company poles Companyreserves the nghl to appmve the ornament weight lights en an Company-owned lighting System when sequined to do so s® wattage and attachment arrangements before Installation The ornament more times than the Company deems necessary weight Ind is 25 pounds Initial costs oI corms outlets and other associated costs will be borne by the Customer onatme and metenal base before being SECTION V PAYMENT energized Seasonal ornamental Ightng qa operate dusk to dawn during the months of November bth though the ToSwag January bah The total days 51 Customer hereby agrees to pay Companythemonthycosts set forth in of operation are appolamatey6t accordancewith the applicable tang rate for the energy pomated for the term of the Agreement The estimated monthlyamounts due are summanaad on 221 After the initial permanent instillation of outlets on the poles the ornaments Page lof the agreement and we current at t lime the Agreement is initiated must be installed and removed seasonallyon Company-owned poles between A monthly b11 vil0 be rendered and due each month in accordance vath the the hours of 600 am and 500 p m by a qualified electrician Once an outlet applicable Lang rate and payment rules Any Customer charge the is not pad is installed anyadmtronal outlet maintenancenell result in a Customer charge in full on or before its due date shall incur a late fee on a time and equipment use bests and billed on a separate invoice for each occasen 52 Should any change m the energy usage monlhlychanges be ordered by the Commission then payments byCuetomer to Companyfor this service shall 222 Seasonal Ornamental Lighting estimated wattage for each ornament is thereafter be made upon the bass of such new rates as changed and approved limited to 350 watts The estimated Annual usage Is 320 333 Kwh for each by the Commission outlet SECTION VI TERM OF AGREEMENT SECTION III ENERGY USAGE COST CALCULATION See Pape 1 61 Serwce under this Agreement shalcommenee as soon as practicable after the System Is installed and operational The Company shall notifyCustomer m 31 Except as otherwise provided in the Agreement Customer shall payCompany venting as to Me date on which service will begin the monthyenergychages Monthly charges are based on estimated unmetered charges using thecalculation methods shown on Page lof this 62 The mutual term of this Agreement dunng which Customer shell take and Agreement and adding anyenergylanff nders and applicable sales tax Both Company shall mnderservice hereunder shall be in accordance vMhtlie Oplon unmetered and metered outdoor lighting 'mangy usage charges am based on indicated on page lof this Agreement linnet Tenn After the Weal Term the per kilowatt hour amount approved by the sppreprmte State Ulllity this Agreement shall continue in force and effective in successive automatic Commission one- year eaensrons unless tennmated by either party upon sixly(60) days wmtennotice 32 The Schedule of Rates Classifications Rules and Regulations forElectnc SECTION VII OTHER TERMS AND CONDITIONS Service and /or Gestate! Terms and Conditions of the Company and all amendments thereto are hied with and approved by the appropnate Stale 71 Other Terms and Condmons set forth in Exhibit B hereof are incorporated regntaortyentity (the Commission and shall be deemed a pert of this hersm byreferonceard made a pan of this Agreement Agreement as if fully set forth harem 72 This Agreement constitutes the final written expression between the panes 11 SECTION IV SYSTEM MAINTENANCE s e complete and exckesive statement and supersedes all prior negotiations representations or agreements either mitten o r oral Mth respect to the System 41 Normal maintenance includes the replacement orreparof any item included However nothing herein Shall preclude either party fro m commencing an action n the System meet seasonal outlets Maintenance is preformed after for unpaid Allis other damages or breach of pnoragreements dunng the time notification from the Customer that a problem edits and/orduing a Company iheyvere in effect scheduled maintenance cycle Companyvdl stock only the most common equipment acquisition of some repair pans could cause a detay 73 This Agreement the construction of this Agreement all nghts and obligations in permanent repair between the parties to this Agreement and any and all cams arising out of or related to the subject matter of this Agreement Including ton claims) shell be 42 Normal maintenance covers ordmaryweer and tear with proper use of the be governed by the law of the Sate in Much the service is rendered witho System Repays or replacements requested as a result Customer -caused regard to its conflict of laws provisions JJ PAGE 3 OF 4 IOUTDOORLIG4TTIGSERVICE (REV 412006 (ACCOUNT* 1 1 AGREEM ENT 1 (DATE OUTDOOR LIGHTING SERVICE AGREEMENT EXHIBIT B OTHER TERMS AND CONDITIONS t All System lecildtes naffed by Co m panyunder this Agreement are and 9 Company reserves the nght to refuseto insult Campanyequupnent an shalt remain the pro pollyofCompany Theterminationof this Agreemarn anthers property however anyCompanyegreement to mslallSystem toranyreason whatsoever shell not in any way affect such ownership by luminaires or other Companyfee11a es onpoles or atrucI.es owned bya Company deprave Companyol the nght either to remove anyor al property third enldys contingent upon waning written consent for auch installation compnsirg the System or any part thereof or to use the same In o run that anhly Customcrw0 be required to nemburse the Company for monthly connectionwth the rendamg°father service byCompary fees charged farpoie contacts for System attachments on poles or structures not owned bytheCompary(re owned by other Militias or entities) This fee 2 Y Customer requests part °rellof the System s removal before the and of %Vibe imposed cnlyWon contaclmgor modifying unsung Poles to allow fat of the System s useful lie makable by mason of termination of this clearances required for the System equipment Agreement Customer must pay Company's uncovered costs of the System minus anysalvege value to be determined at the solediscretion 10 Compenyshalt not be liable for anyclalms demands cause of anion Company phis System remora costs Ilabil4ea bas damage oreapens° ofwhetever kind ornature including attorney fees incurred byCustomerforaetan% involying a structure not 3 TheoWatmne of Customer to pay the monthlinvoceand anyapplicable Compiyowned on winch the Company has placed Cam pany owned Tale tees or any amount due and Owing to Companies a result of this equipment at Customerrequest Addrbonally the Companywe not be Agreement or in comectonwrt the rights and privileges granted aemby responsibleforanyrepairs needed try the structure that is not owned are independent of thebaailees or obligello ns ofCompany heraunder byCompeny l the structure becomes unsuitable or unsafe to support Customs shall make all auch payments due to Company nehoui any Companyowned the Companyretains the nght to remove the setoffs or counterclaims against suet paintings onecco°nt of any equipment from the structure If Companyequipment is removed under breach or default by ordeal's against the Comperypursuant to the theseconditions Customerwll owe Com a pro rated amountforthe or atherelse or on 'stood of anyclaims agent or default by any third removed equipment plus removal Costs minus salvage value 4 Company's nstallationof theSystem n commennt uponobtanirg adequate 11 When charges are requested byCuslamerat anytime icier the System easements and lghts of•ivay if necessary arm Customer agrees to assist la Metalled and beforethenormalendof System life Company val evaluate the Company when necessarymobtmnngaesements ornghts of way andestimatethecosts of the changes The changes col be made Moths *Itch shell include permission to install and manmin service Imes and Customer pays the agreed upon amount if any to make changes Changes tecmies ramrod for serving end providing the System include such matters as relocating poles changing lunalaire styles (post lap cobrehead floodlight) Iheurleceona outvote and lamp source Mg metal 5 Company is an independent contraclorand not an agent oremployee of halide high pressure sedum) Anysuch agreed upon changes col be Customer and nothing contained in this Agreement shalt be so construed es either by a new or an amended Agreement New equipment addedto the System justify twiang of the existence of any retain nahry between Company and earn require a rain Agreement Custom erncc nsisteM with that status CompanyNell have exclusive control al and responalbiby for rts labormatrons 2 deny part amt or provision el this Agreement is adjudged bya court of competent lmsdiction to be contraryto the law governing tiro Agreement 8 Coinpenydoes not warrant nor guarantee the safetyof Customer or the validityofthe remaining parts terms and pro vsions shall not be affected anythird pany nor does rt warrant or guarantee the secuntyof Customer s thereby property or anythird party property lighting levels orurararmityof lighting ass result of Customer a we of the System Company is not A This Agreement and al the tens end provisory hereof shall be binding Imhk for any spiry to Customer or any persons or pro party ansing out upon and lure to the benefit of the parties hereto and their respective hors of the System use other thanthal arising from the sole neglgence of the executors edmrrstremrs successors personal representatives cantor company COM PANE EXPLICITLY DISCLAIMS WARRANTES OF pamdted assigns MERCHANTABILITY OR FITNESS FOR A PARTICULAR IfSF EITHER EXPRESSED OR IMPLIED OR ARISING FROM COURSE OF DEALING 14 Each party to this Agreement represents that a is sophisticated and capable OR USAGE OF TRADE of undarstending all of the terms of this Agreement that it hes had an opportunnyto revlewthis Agreement with its counsel and that it enters thus 7 If a breech ordefeutloccurs the ton breaching party >hall pre vide the Agresnenl with full knowledge of the terms of the Agreement breaching partywith s thirty(30) clay mitten notice to cure such default or breach or the defect cannot be cured within thrty 001days the 5 No delay of oromyslon in the exercise of amyight power or rem edy accruing breaching pertyshel nonetheless comment) to cure such defect and to any partyunder this Agreement shall impair any such nght power or shall in good lash complete such cure in as tlmelyand expolious remedy col shall d be construed as a wander of any faun exercise of any memarea is feasible inthecrcumstances lithe breaching party feils right pouter or remedy to cure orm comments the cure of the defect vdhin the presented timeframe set forth herein the non breaching party at its sole MacRae n El Neither party' hall assign this Agrecmentwthout the peer vmttenconsant of shall provide noticeto the breaching party o the immediate termination the other party wllCh consent if wan anal not relieve the party l makmg of this Agreement Events beyond Company's control including but not suchassgrment from full responsibilityfortheful (tlment of its obligations limited to eels of nature elactnclty outages andmabdrtyto obtain needed underlies Agreement PROVUED THAT c Compenymayassgn this replacement pads stall not constitute breaches of this Agreement Agreement to its parent or any subs Mary entity ar to en affiliate 8 Lustomer dewily e Compenyrnstaaad System an a public ng ts-°f way oron cther party not under customer s Jurisdction must provide the Company with when permission from the entity with legal runsmmlon over that nip of tsyer propenybefore installation will begin Customer must reimburse Compenyforcosts associated with obtaining easements