Duke Energy/Briar Lane Est/StreetAgreement Information EnergyandMaintenanc_e I CM-00988566 5128/2008
Agrgenpry Ce:vere Agreemzn N.W :CrrrM. Date
99003300 01 105,683 100 CP5 562 ZE085PIOLE SULP
C.ioma'Acc.vM Number Rwq ?fvtw? Carp: CP CBMW Too ' work 0006 Rae Code
OUTDOOR.LIGHTING: SERVICE-AGREEMENT
Duke,Energy Indiana, Inc.
1000 East Main Street, Plainfield, IN 461 68
Duke
C?Energy.
Business Name
Customer .Name City - of'Canmal The Agreement begins when Service'is
Service Location or Subdivision
Service Address Briar Lane Estates
-
pl-? in operation and' continues,,with annual
extensions-, until elthe7 partyterminates
with written ricificeAo the other party
Seance Address .
Service City, State; Zpcode Carne! 1N A6033
Mailing Name Dave Hoffman ThirdzParty,Participant:-:One`Time Rdyment
Mailing Business Name City of Carrriel
Mailing Address 3400 W..11 315t St.
Mailing Address
Addre
Mailing
tale, Zipcode Westfield JN 46074
This Company,-owned ligtiting,system or iII.) involves three billable conponi These corrponents:are: (1) initial Equipment and installahob.
costs; (2) Energy usage; and (3); Maintenance/operating costs, A,third-:party has satisfied' Eguipment conponent. This. Agreement w ill cover the
Energy usage and Maintenance, and will continue for the service life of thelighting system or Ilght(s), Please see attached draw ing or Exhibit CA"
for the proposed placement of lighting equipment.
WITNE>SSSETH:
WHEREAS, Customer desires to have a Company, owned outdoor lighting system ("System") on designated property; and
WHEREAS,- Company has the ability, to ow: n; install,.operate and. maintain an outdoor lighting system:
NOW THEREFORE,, in cans ideration of the.rrutuel,covenants contained herein; the parfies'agree.as follows:
Below is the estimated monthly amounts for the .lights ,end poles. covered'by this Agreement.
LAMP LAvP IMPAOT EST "EST MAINT}OPER NUMSER 'ESTIMATED
ITEM# LUMINAIRE' STYLEIDESCRIPTION WA75 ?
'sOSRCE WATTS ANNUAL ENERGY :CHGE4CH OFLIGHTS LINE
KWH CHG EACH TOTAL
1 Traditionaire, 150W HPS.(50110443) 150. HPS tj.186 744, $,2:81 54,04 2' $ 13.70
Lamp Source - MH = Metal Hal[ife. HIPS = Nigh Pressure Sodiur. MONTHLY TOTALS 2 $1330
Tariff riders and sales_ tax.are not included and may cause the monthly. anouots,to'fluctuate.
"The Energy may also tie NE'fERED; t7lEnergy,usage3smetered„the nforrmWn above' issupercededi the MEZEIRED. usage,nnd charges.
In addition to the lominafre information .w ith estimated monthly amounts shown.aboge, please refer to Pole Information
in Section 1 -A hereof, Energy Usage is Section S -.Band System Maintenance. information in. Section IV for furiher, details.
IN WITNESS WHEREOF;. the, parties,herete have caused tw o,copies of this. Lighting Service: Agreement ("Agreement'd)' to be executed by duly
authored representatives, effecfiv e.tha Curren( Dai te,first w ritten above. This Ag reeinent`is.rrad'e'.and entered'into by the subsidiary of-Duke
Energy Corporation, a Delaware corporation, named above (hereafter, 'Company') and the Custortir. Neither DukeEnargy Corp. nor any of
its other affiliated companies. are parties. to this Agreement:
U e Energy Re re It tive
Signature ? ?_
Printed Name. Shirdwri South
Date 5128!2008.
AND Customer 1.RPnresgntative
Signature
Printed•Name -
Dale
ar,C;t G$.cii oig.
Dl
If morespace is required foradditiooal Custome55ignetures.pleaseattacha dated lettermth signatures on hand referenceInis Agreement.
Approved and Adopted this 144, day of ?008.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary An urke, M fiber/
Date: fr -?
(d:mxmdi^c Eessmy pocnnrnlr'Epw-rrsaN?iuss'bl-il.d :7119/081.
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION I. EQUIPMENT AND INSTALLATION
1.1 In accordance with conditions set forth herein, Com panyagrees to install for Customer all necessary equipment
to provide, operate and maintain the System.
1.2 Adetail ofthe locations of the equipment constituting the System is-setforth in a drawing or print marked "EXHIBIT A",
which is attached hereto, madea part hereofand incorporated herein byreference.
1.3 In addition to the Luminaires set forth on page./, the System consists of the following poles:
A. Pole Information (monthly charges included with luminaires on page 1)
ITEM k
POLE DESCRIPTION ITEM
QUANTITY
12 FT Rnd.FBG, Blk DI(807274) 2
TOTAL NUMBER OF POLES 2
B. Energy Usage - Based on the appropriate State Utility Regulatory Commission approved rates.
Current Rate per kWh $ 0.045387 Rate Effective Date 05/24/2004 Estimated Annual Burn Hours 4,000
'CALCULATION FOR ESTIM ATING UNM ETER ED ENERGY USAGE
Impact Watts = The energy us ed by the lamp watts plus ballast watts.
a. Impact wat is limes estimated Annual Bum Hours as c. Annual kWh divided by twelve (12) months equals
shown in lines above equal annual watt hours. monthiykWh.
b. Annual wall hours divided by 1000 hours equals annual d. Monthly kWh times current rate per kWh equals the
kilowatt hours kwh). monlhlycollar a mount foreach item, _
'Tar
If 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 in accordance with C usto mar's specifications concerning the design and layout (including pole
locations, num bar and types of lights). Co rri has not designed the System. Customer is responsible for all aspects of the design
andlayout ollhe System. Cush, mar understands that its design and lain ut of the System may not be in acco rdanca with minimum
foorcandle and lighting unlformdystandards. Therefore, Customer agrees' to release. indemnify, hold harmless. and defend Company
from and against any and all claims, demands, causes of action. liabilities. losses, damages, and/or expenses resulting from (or alleged
toreswult from) the design and/orlayo ut of. the System, including damage to or deswuctio no f personal property, personal injuries
including death), and reasonable alfornoys' lees.
Customer's Signature Date
PAGE 2 OF 4 OUTDOOR LIGWING SERVICE REV. 4!2006 ACCOUNTp AGREEMENT IDATq -7
OUTDOOR LIGHTING SERVICE AGREEMENT
SECTION II. - CUSTOMER OPTIONS FOR SYSTEM
OPERATINGHOURS
ALL FOURS OF OPERATION FOR ANY OPTION MOST BE BETWEEN
THE HOURS OF DUSK-TO-DAWN (ONE HALF. HOUR AFTER
SUNSET TOONE HALF.HOUR BEFORE SUNRISE) 'TOOUALIFY FOR'
'damage volt be, perfo rmed o u a time and male rial cost. basis, in which instance
an estimate cl costs will be provided to the Customer before the work begins.
Co mpany reservesme right to't hi Custornmr for mpair ac Sts interred due
to vandalism.
4.3 Maintenance does not include partial or full System replacement or major
THIS ENERGY USAGE RATE..
21 Optici isthe typical duskto-davm phomeleo Ced automatiCailyn Aerated
System. Lights turn o n approximately V2 ho ur after sunset and shut off 112 ho ur.
before Oppose This may tie a mvnlhly estimated energy usage based on
luminaires im pact wattage and lampst urce equally o ver.twelva or o I(See' 4.4
Section I - B. sleevelet metered using actual energy usage plus a mo n W y
meterclo rge,
22 Option B'- AVAILABLE FOR 01 UNICIPAL OF ERATEOAREAS A NO
WITH COM PANY. APPROVAL. This ophun is exclusivelyforseasonal lighted
ornaments operated from 120 volt outlets which are mounted mar the tcp o I
Companypoles-. Company reserves the right to. approver the ornament weighl,
size, wattage and attachment arrangaments b'efo re installation. The o mamem
weight limit is 25 pdourl initial costs of-mring,o- poets and atharasSOCALed
Costs will be home by the Cuslo mer o n a crossed matanal basis beforetieing.
energized. Seasonal ornamental' lighting will o perate dusk to dawn curing the
months of November 5th'( wIthefrlbwing January5th.The total days
of operation amappmximately6t
22.1 Alterm initial permanent inslatation ofoutlets entire poleclite a mamerts
must reinstated and removed seasomllyon Company-owned poles baweeb
the ho urs 01 8:00 a.m. and 590 p.m- by a gualified electric ian.Once an a allot'
is installed anyaddilianal suite; maimenancevdll result Ina Customercharge
one time and equipment use basis and billed an a separate invo ite fo r each
occasion,
22.2 Seasonal Omamenlal Lighting estimated, wattage fOreach acoustical is
limited to 350 vwatts. The estimated Annual usai.320-333 kwh to r each,
Outlet.
SECTION III.. - ENERGY USAGE COST
CALCULATION- See Passe 1
3.1 Except as otherwise provided in this Agreement; C ustom ersholl pay Co mpany
the mo nthly energy charges. M a ntnly charges are based on estimated
unmetered charges using ilia taltulatio n rYletlmtls5havm o n P_age.a o{f Gis`
Agreement and a d ding any a derg y tan If riders and appiicabla sales tax. Bo 1
unmatI and m stared o utdoo r lighting energy usage chargas ara, cased d n"
the per kilowatt no or amt uni approvatl by the appre priate5tate Utitiry
Commission.
3,2 The"Schedule of Rates.cla$$ihdatirr nS,Rulesand Regulations for Eleclnc
Service', ari General Terms and Conditions of (he Company, and all
amendments thereto are III vdth and approved hythe_appropnate State
regulao oy entity,(i Comm!sale M) and shall be deemed a pan of this
Agreement as if fusty set in hid Insipid-
SECTION IV..- SYSTEM MAINTENANCE"
4.1 No mlatmaiol0nAflte looludesme replacement'orrepalr Of. aryitern included'
In the System ex6epb season a l6 ousts. M aintenance is performed after
notifical In n lro m. the C unto nrer that a pro bl em ezis is antlco r during a Cam parry
nlyihe,mpst common
scheduled maintenance cycle. Company will stock to
equipment acqui5idon Elsinore repair pads could cause a delay
in permanent repair.
42 No anal maintenance covers o rdinarywear and fear with pro per use o f the
System. Repairs or replacements requested as a result Cc sto me r-caused
repairs due to _System 'age, Wnlle many Systems ias115to 25 years, difterant
lypesbf fighting equipment'have different lice SpanS. Eiyldfr g equipment
suppliers mayalso ciscontinues manufacture of certain equipment, End of life
fora System vdll bedeterm road byfhe Company.
Companyreserves the right lq updaleor modifythe monthly mpinlenanc ,
charges to. reflect chanee$ in Cowrrm6ycosts ferem ehals. and lack rna more
a flen?that eGery three years on a Company ass igaed sehe date, whits may not
courcide WIN the lam of this Agreement.
4,5 Compangreserms.t heright tolcharga a feeequalto a minimum of one
he jr labor, and Uanspa patio n costs for tops to disco direct and reconnect
lights in an Company-owned II System wined equesed to do So
'mom times than the Company deems'n hc6saarv.
SECTION V.- PAYMENT
5.1 C Usto merheretiy agiees7too-pay Co mpany the monthly costs set to rth in,
accordance with the applicable taofi rate rarthe energyprovlded for the term
of this Agreement The estimated me Nhlyemounts due are summarized on
.Page 16H INS agreemehfanc are current at the Jim e the Agreement is mitiani
A mo rf Illy bill Will be r welale i and due each me nth in scco rdance with the
. applicable Todd ruleandpayment rules. Any Customercnaiii (hat is oatpaid.
T
In full on stratum its due dater shall 'mcur a late fee.
52. Shduldanychange iritheenergr udi monthlytharges be ordered bytlm
Commission: then payments by Cu5tomerlo Companyfro lhis service. shah
(hereafter be made upon me basis of such new rates as changed and appm ved
byline Commission.
S ECTION V I. - TERM OF AGREEM ENT
61. Service vederthis'Aghammentshall commehceas socnas practicabre after the
System is installed and operational. The Cc on pany shall nifty Customer in
vatting as on the, date on vouch Service Hill begin.,
612- The iniII tarn 0 1.Ih11 A greemerit; during which Cusco mecshall take and
C a mpany s hall made r s say ice hereunder, shall be in ac co rd a tic a with the Option
indicated on page to tth is Agreement ('gnibal Term' (. Afler the Initial T'e rm.
this Agreem enf s hail cc at! owe in force and effective in sure ess Iva autem rt is
one-year eslensio ri miles s',termtraded b it her jiany a pc n a xty(60) days
wTigen notice.
SECTIOM VIL-OTHERITERMS AND CONDITIONS
7.1 Other Terms and Conditions settodh in Exhibit' B" hereof are incorporated
herein byfeferenceand mode 'e purl or this. Agreement
72` This Agreement consulates the final written expression between the parties. it
is a complelearo'exclustveslatement and supersedes all prior negotiations.
representations oragreemenls; either wntlen ororaCm1h respect to the System.
However; nothing herein shall preclude either party ratio commencing an aclan
forunpaid bills, otherdamages. or Greae N$Cprior. zgreements during the time
Lamy were in effect:
7.3 This Agream ant the constructio n o If this Agreemenhall rights and obligations
oetween the parties to this Agreement, and any and all claims ansing out or or
related to.the subject matterof this Agreement (including to rt claims), shall we
be go wearied. by the laws of the State in wMCh tine service is rendered without
regardto'its;conflict of lam provisions.
PACE 3 OF 4 OUTDOORLIGIftINGSFRVICE RP, 02e66 ACCCUNTO AGREEMENT DAT
OUTDOOR' LIGHTING SERVICE AGREEMENT
EXHIBIT "B" - OTHER?TERMS.AND CONDITIONS
1 All System faclliltesinste lied by.Companyunder,this. A greement are and
shall remain the pro pe'ityof Company. The termination of this Agreement
fo r any mesa n wharso ever shall not in anyway affect s uch owacharnp by
Company, deprive Co mpany o f the right attner to rern o ve any o r all property
com prising the System. or any pi thereof o pto. use the Same In o rain
connectrrinvnih llieienoenng of otherservice bycompany.
2 If Customer requests,pert o'r ellof the System's Nero vat befo re the end of
of the System's useful life; including by'revso n. of Ierminali0 n o l' this
Agteam enl Costa mar m u s t ps y, C a mpany a unrecove red cos l s of t he
System minus anysaly age value, to be colonel shed all he sole discretion
Co mpany, plus System remavat costs,
The abligalia its of Cu 51 o met to. pa y them a mill y invoice aril any a pplic able
late fees or any. amount due and ouerl Companyas a result at. this
Agreement Orin Cc dpec hen win INe Ights and privileges granted hereby.
a re independent a if the liaoil fles 0 r o bligatio its of Company hereunder.
Customer shall make ell,sucWpayments,due to Company: wthoulany
setoffs or counlorclarms against sveh paymenisan account of any
breach o r default by, or claims against, the Co mpany pursuant to this.
orolhermse cram account ofanyda thi s against or darault by any tilled
Co an pany reserves' the right to refuse to'.insIall Co mpany eouipre am an
a notfier stproperty,haue'ver, any Cdmpanyegnddmentlo install System
luminaires or otherCo mpany fac diLes: on poles o r stru ,tires owned'. by a
allm entity le;do nhngem uponreceiving viriltea'consentscreen lf vestal atlo n,
that entity. Customer vdll be required to reimburse the Company for monthly
ree9 charged forpolecenta Cts fpr$yslem altachmenlspp pirles ci s ructuhls
notowned bylhe Company,{i_e', ovmed by0 that utilities a r entities). This fee
vvill be imposetl onlywhen cahtac[ rig ar moddying existing poles to allawfor
,clearances required forthe System equipment.
1) Companyshall coffin liable for anycleiriistelemands. cause erection,
liabilities, loss: damaged, expense of whatever kind ar nature, including
'alto meyfees; incurred. by C usto mer for actions involving a structure not
Company-ownedonvfiichihe Company has placed Company-owned
equipment al Customer, request AddfJi rally, the. COmpanywip not be
responsible for anympairs induced by the structure that is not owned
by Compairy. 'If ice slrL WfE becomes an5wlab d(ol unsafe to support
Company-ow e-a equipment ine,Companyretaris the right to removethe
equipment tram the Struofure, If Cpmpany equfprenl Is rempvetl Under
these conditions C usto mervnll owe Cum many a pro-rated amount for me
removed equipment pluslemoval co sts minus salvage value.
4 Companys lostallatipnof the System is contingent upon obtaining adequate YI
easements and ngms-o I-way d necessary, and Customer agrees to`assisL
the com parry when necessaryin obtaining easements o r ngh[s-of-way
which shall include permission to install and m are min service lines ano
facilities required for serving antl pro vloing the System.
5 Companyis an mimpentlentcontraclorantlnat anagent oremployeepf
Epaia mer antl no ming ao ntanibtl'En this Agreement shall be sit c0 nslrued as
Justly a finding o f the edstence o f any relatio nship between Company and
Cuslpmeringonsrstenlwilh thaestatust Companyshall haveexclusive
co ntraI of and,res po nsibility to r its labo r relatio ns.
Company do as not warrant no rguarantee use safety6f Customer_or
any third party, ncrdoes it warrant or guarantee the securityof Customers
properly or any third partgproperly, lighting levels, or uniformityof
lighting as a result of Customer's use oflhe System. CompanyisinpE
Kahle fo early into ry to Customer, o r any perso ns or pro'penyedsing but.
of the System use other than that arising from thesole negligence bti he
company COMPANYEAPLICRLYDISCLAIMS WARRANTIESOr
MERCHANTABILITYOR'FRNESS FORA PARTICULAR USE,-EFHER'
EXPRESSFD'61R MPLIEO ORARISINGFROM COURS E OFIDEA LING.
OR USAGE OF TRADE.
.If a breach o r default Cccurs; the no n-breaching party shall provide the
breaching party with a thirty (30) day writton notice to cure such default
or breech, o r if ifie'defCCt cannot6e cuffed w$hln thirty(3p) days; the
hreaabing parry shall no netheless'commence to,'cum such defect and
shallr in good faith. complete such pure in as. timely and expeditious
manner as is feasible in the circumstances. if die.oreacheig party fails
10 curer to commence tile oursof.the defect w minthe proscribed
time frame set to nh herein, the no mbreachmg patty, al RS s0 aril SCretion.
shall provide notice to ilia breacnfng party of the immediate termination
of this Agreement Events beyu rid Co rnpamy s control, including. but not
limited to acts of nature; electricity . outages,and inabitityte obtain handed
replacement pans.s
B Custo merdesinng aCampany-Enslailed Systembn ampumfc ngnrs=of-way
or o n a mecproperty not under,eustomer s;jurisdlitio a muslpro vice
the Co mpanywith ?verhten ih mrhss ion from the entity with legal jurfsdicho n
When changes-are requested by Custo mer at anytime aterthe System
is mstalledaatl befo re the rib rme7 end o f System life, Company will evaluate
and estimate the costs of tha changes_ The changes wgll he made after. the.
Customer pays, the agreed con i ama out if any tomiako'changes. Changes
'Include such matters as relocating poles, ranging €um1hairs styles (post top.
co brahead.Ylo Dtllight)a M1eiile c'rlid nsfwaltai and latnp Soured (a g. metal
halide, high pressure sodium). Any such agreed upo n changes xill. be
a.
either bye new prom amended Agreement Newequipment added to the System
wile requite a new Agreement:
4. If enypa Ft {la m, otprpvi5ibn pf lhi5 Agreement 15 adjudged bye court of
com patent juri sdiclio n to be co nt iri the lawgoverning this Agreement,
the3alidityofthe ram wining parts, l erms,and pro ,ions shall not be affected
[hereby,
4 Trill Agreamdntiandall the tmmsand movisiorrs'neeff.drutil tonsuring
upo n andinure loanebenefif o f the pan?es_here[o antl their respective heirs,
e%ecators, ad ministmtors,successo rs; persona l remilsoutalivos,andror
permitted assigns:
It Fadh pa it via. l his'Agream ant represents Ibar 4 is sa phist l on led and ca pable,
of undCris larding ell o f the terms ofthis Agree meat, that Ithas had an
a ppo nun! ty to fevieW tni5 Ag ever m ant wine its counsel, a rid that it an to is Ihis
Agreement wdh full knovaedge of the term so f the Agree hea i.
B 'No delay o f, cr 0cuts s to,.[nine roc rd ise o f a ny n g hr, No we r ar remedy an c ming
to any pa d y u,dert his 'A g ream an l shall. im parr any such right on were r.
.r,...... 'f'-,. ..
mmady, no f shall It be co natruatl a5 a waiver of any itlWre eYerCise of any
rig ht,`powen a f, remedy,
Tj . Neither party shall assignmiSAgreementwhhout[he prnorvmiten consent of
the other panywhich consm,V if giv an shall no l relieve the party of making
such assignment from full responsibilityforthefUlfillment'of.its obligations
under this Agreement PROVIDED. THAT the Campanymayassign this
Agreement to. its parenfaranysubsidiaryentityortoan affiliate.
over thatright-of-ivay c r pro puny befo Pe inslallalio n vnll 6egic C ustomer
must reimburse Ca Nippy for costs-assoclatedc4ih obtaining easements.
Members of the BPW,
'T'his contract is to cover the electricity and maintenance cost ofa street light being
replaced at 3655 Bridget Dr-North. This is one of the lights that was old and on a
frozen rate from Duke Energy, Once these lights gel beyond repair Duke Energy
removes them and do not replace them. The homeowners are covering the cost ofthe
new pole and installation.
The cost of the maintenance will be handled through the Carmel Street Department.
0vc k yon,
Huffman
Street Commissioner
CARNIFI, Si 1 Ft r DEPARTMENT
3400 W. '131sT SrRFE7- vCres ?rni_o, IN 46074 Orrice 317.733?001 PAx 317.733 2005
JAIME'S BRAINARD, MAYOR