HomeMy WebLinkAboutCIP 2014/Winter Springs 360 Owner LLC Neighborhood Street Light Improvement Agreement (Integra 360) - 2018 01 10NEIGHBORHOOD STREET LIGHT
IMPROVEMENT AGREEMENT
This Neighborhood Street Light Improvement Agreement ("Agreement") is made and
entered into this ICA" day of -:54mA aN , 201$, by and between the City of Winter
Springs, a Florida municipal corporation ( `City"), and CIP 2014/Winter Springs 360 Owner
LLC, a Delaware limited liability company ("Developer").
WITNESSETH:
WHEREAS, Developer is the developer of
City of Winter Springs, Florida ("Development"); and
Integra 360 located within the
WHEREAS, the City generally provides standard street lights located on City streets that
traverse through the real property which constitutes the Development; and
WHEREAS, Developer and the City desire to provide enhanced decorative street lights
at the Developer's expense under the terms and conditions herein; and
WHEREAS, the parties acknowledge that this Agreement will improve the aesthetic
appearance of the City's streets primarily for benefit and enjoyment of Developer, the property
owners in the Development, and incidentally to the rest of the citizens of Winter Springs.
NOW THEREFORE, in consideration of the mutual promises set forth hereunder, and
other good and valuable consideration, which the parties acknowledge has been exchanged, the
parties agree as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 2. Definitions. The following words and phrases used herein shall have the
following meaning unless the context clearly indicates otherwise:
2.1 "Duke Energy" shall mean Duke Energy and any successor and assign to
the City's electric franchise.
2.2 Intentionally Deleted.
2.3 "Street Light Base Rate" shall mean the actual cost charged by Duke
Energy to maintain and operate a standard concrete pole and cobra fixture. Said costs include
electric, equipment rental, maintenance, gross receipts tax and other associated charges imposed
by Duke Energy in accordance with law. At the effective date of this Agreement, the Street Light
Base Rate is equal to $ 13.36 The parties acknowledge that said base rate is subject to
periodic adjustments by Duke Energy and the City of Winter Springs.
Section 3. Scope of Proiect. The City and Developer agree that this Agreement shall
cover only decorative street lights as set forth in Exhibit "1". The City and Developer agree that
Developer desires to purchase, install, maintain and operate the decorative street lights depicted
Neighborhood Street Light Improvement Agreement
City of Winter Springs
Page 1 of 6
ORLDOCS 15793974 2 23 877.0029
and itemized in Exhibit "1", which is attached hereto and incorporated herein by this reference
(the "Project"). The parties acknowledge that when decorative street lights are installed, they
must be provided by Duke Energy and approved by the City of Winter Springs.
Section 4. Developer's Obligations. Developer agrees to perform the following
obligations:
4.1 Intentionally Deleted.
4.2 Decorative Street Lights. Developer agrees to fully cooperate with the
City to acquire, install, maintain, and operate 20 decorative street lights required by the Project
as follows:
(A) Developer shall assume the full responsibility of maintaining the
Duke Energy invoice for all of the street lights covered by the Project, including having the
account placed in the name of Developer and making prompt and timely payments on said
account. Upon turn -over to the Homeowners' or Community Association consistent with Section
7 of this Agreement, said Association shall assume responsibility for the street lights and have
the account placed in its name.
(B) Developer shall be responsible for promptly reporting all broken or
damaged street lights directly to Duke Energy. The City reserves the right to do the same in the
event that Developer fails in said reporting responsibilities.
Section 5. City's ObliEations. Subject to Developer's compliance with its payment
responsibilities set forth under this Agreement, the City agrees to perform the following
obligations:
5.1 Intentionally deleted.
5.2 The City will assist Developer in coordinating with Duke Energy to
acquire and install the decorative street lights. Conditioned upon completion of each of the
following: (i) installation and the establishment of an account with Duke Energy, and (ii) all
common areas being built to 100% completion, the City agrees to reimburse the Developer for
the maintenance and operation of the decorative street lights in an amount equal and strictly
limited to the Street Light Base Rate. The City shall not be obligated to reimburse Developer
until each of the preceding conditions is met. The City shall make the reimbursement on a
quarterly basis. However, with respect to any increase in the number of street lights above the
number that were actually installed for Developer at the effective date of this Agreement, the
City shall not be responsible for the Street Light Base Rate for the additional street lights unless
the City agrees, in its discretion, that the additional light(s) were required to bring Developer's
street light plan into conformance with Duke Energy's standard photometric requirements.
Further, reimbursement shall only be made for those street lights that are operational and only
where Developer has provided to the City proof of payment.
Section 6. Title to Street Lights. The right, title and interest of the decorative street
lights shall be vested in Duke Energy. Developer shall have no property interest in the decorative
street lights.
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 2 of 6
ORLDOCS 15793974 2 23877.0029
Section 7. _Assignment of Agreement. Upon the sale of the Development by
Developer, Developer shall assign this Agreement to the buyer thereof and such buyer shall be
responsible for the Developer's obligations and commitments contained herein.
Section 8. Applicable Law; Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Winter Springs Code. The
parties agree that venue shall be exclusively within Seminole County, Florida, for all state
disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida,
for all such federal disputes or actions.
Section 9. Amendments. This Agreement shall not be modified or amended except
by written agreement executed by all parties hereto and approved by the City Commission or
City Manager of the City of Winter Springs.
Section 10. Entire Agreement; Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. The Agreement may only bind the
City if executed by the City Manager or Mayor of Winter Springs. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers (e.g. 2) shall include all subparagraphs thereunder (e.g.,
2.1).
Section 11. Severability. If any provision of this Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have
the unconditional right to terminate this Agreement, modify this Agreement with the
Association's consent, or remain in the Agreement as modified by the court.
Section 12. Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statues, or any other limitation on the City's potential liability under state or federal law. Said
rights and limitations shall be deemed fully incorporated herein by this reference.
Section 13. Notice. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered
at the addresses set forth below or at such other addresses as the parties hereto shall designate to
each other in writing.
(a) If to the City: City Manager
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
407-327-5976 (Phone)
407-327-6695 (Fax)
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 3 of 6
ORLDOCS 15793974 2 23877.0029
(b) If to Developer: c/o Integra 360 Development, Inc.
Attention: David G. McDaniel
1525 International Drive, Suite 2001
Lake Mary, FL 32746
407-833-3927 (Phone)
Section 14. Waiver. Any forbearance by the City in exercising any right or remedy
under this Agreement shall not constitute a waiver of or preclude the exercise of any right or
remedy.
Section 15. City's Right to Seek Equitable Relief and Special Assessment.
Developer agrees, acknowledges and recognizes that any breach of this Agreement by Developer
may result in irreparable harm to the City. Developer agrees that in addition to and not in lieu of
all legal and equitable remedies available to City by reason of such breach, City shall be entitled
to equitable relief (including, without limitation, specific performance and injunctive relief) to
enjoin the occurrence and condition of the breach. Further, in the event Developer fails to make
any payments that are required herein, Developer acknowledges and agrees that the decorative
street lights provide a special benefit to the Association and its members and that said special
benefit is shared proportionately by all property owners within the Development. In the event
that the City determines that Developer has not made the payments required by this Agreement,
the City reserves the unconditional right to assess Developer and the Development's individual
property owners for Developer's costs for the decorative street lights. In the event the City is
required to initiate an assessment, Developer agrees to fully support the assessment and
Developer shall not contest, challenge or intervene in the assessment process. Further, in the
event that Developer defaults on any street light account with Duke Energy which is covered by
this Agreement, the City shall also, at its sole discretion, have the right to transfer said accounts
into the City's name and thereby assume all the rights afforded an account holder.
Section 16. Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal.
[Signature pages to follow]
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 4 of 6
ORLDOCS 15793974 2 23877.0029
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
Witnesses:
,—,-; �,, �, � ; 7- �, 0, " )
Print Name
IV La OQ
r
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
DEVELOPER
CIP 2014/Winter Springs 360 Owner LLC,
a Delaware limited liability company
By: CIP 2014/Winter Springs 360 Holdings
LLC, a Delaware limited liability company, its
sole member
By: Winter Springs 360 Operator LLC, a
Delaware limited liability company, its
Administrative Manager
By: Integra 360 Development, Inc.,
a Florida corporation, Manager
By: J
David G. McDaniel,
President
The foregoing instrument was acknowledged before me this 2c43 day of
0 20 1-7 , by David G. McDaniel, as President of Integra 360 Development, Inc.,
a Florida corporation, manager of Winter Springs 360 Operator, LLC, a Delaware limited
liability company, administrative manager of CIP 2014/Winter Springs 360 Holdings LLC, a
Delaware limited liability company, sole member of CIP 2014/Winter Springs Owner LLC, a
Delaware limited liability company, and who is personally known to me or who has produced a
Florida Driver's License as identification and who did not take an oath.
(NOTARY SEAL)
OEWD
to °f Florida GG 047783021
N tary Public Signature
Typed or Printed Notary Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 5 of 6
ORLDOCS 15793974 2 23 877.0029
Witnesses:
arm
Print Name
��aZn
Print Name
STATE OF FLORIDA
COUNTY OF SEMINOLE
CITY OF WINTER SPRINGS, a Florida
Municipal Corporation:
By: _
vin L. S th, City Manager
,The foregoing instrument was acknowledged before me this 11 � day of
k'0 20 r v , by Kevin L. Smith, City Manager of Winter Springs, Florida, who is
pers nally know- to me.
(NOTARY SEAL)
te at Florid.LuacesF 2180195RM
9
Notary FuU1ic ig'natu^re
Typed or Printed Notary Name
Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs
Page 6 of 6
ORLDOCS 15793974 2 23877.0029
Duke Energy
St. Petersburg, FL
10131/2017
'EXHIBIT 1
INVOICE Reprint
Please mail remittance and signed copy of Invoice
to:
Duke Energy
CIAC (BAY 72)
PO Box 14042
St. Petersburg, FL 33733
Service Address: Customer Number:
E STATE -ROAD -434 6167202133
WINTER SPRINGS FL 32708 WMIS WR Number:
1632620
Work Description:
INTEGRA 360 APARTMENTS - ADDING AND RELOCATING SL
Total CIAC Due: $ 5,982.39
This invoice reflects Contribution in Aid of (CIAC) Construction for the above referenced work.
Agreement: The customer acknowledges receipt of invoice cover letter and further understands Customer is
responsible for removing all obstructions from the route along which the Company's facilities are to be installed.
Company shall not be responsible for any damage to shrubs, trees, grass, sod or any other foliage or property cause
by the Company's equipment during installation of the Company's facilities. In addition, the Company shall not be
responsible for the repair or replacement of underground facilities on the Customer's property damaged during the
installation of the Company facilities, unless, prior to the Company's construction, the owner of the facilities clearly
identified and marked the location of such facilities pursuant to any applicable statutory requirements concerning
underground facility damage prevention.
The undersigned hereby authorizes Duke Energy to perform this work with necessary labor, facilities and equipment
and acknowledges the invoice amount becomes invalid if the signed agreement is not received by Duke Energy on o
before 30 days.
Customer Signature
Date: j( -r
Name (please print or type)
122-CIAC Invoice
DUKE
�G ENERGY.
DE Contact: Ed Stevens
Address: 3250 Bonnett Creek Rd. Lake Buena Vista, FI 32830
Phone: 352-978-8802
Is
Customer: INTEGRA 360 LLC
Account: 6167202133
Site: 000 ESTATE ROAD 434
Contact: AUSTIN MCDANIEL
Phone: 407-833-3927
Lighting Proposal
WR 1632620
October 31, 2017
of
THIS WORK REQUEST WILL RELOCATE 5 STREET LIGHT
POLES AND FIXTURES AND INSTALL 3 STREET LIGHTS
POLES AND FIXTURES TO SERVE INTEGRA 360
APARTMENTS
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
fi Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly
rental bill, but no less than $25.00 and subject to change upon review of the account's existing deposit.
4 CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing disinct, MSTU or MSBU special
assessment program, please verify that these facilities meet the requirements within thatiurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature4LLf ��� Date '-
/7
(Please sign and date to approve this proposal and return via email or the mailing address above)
Per Unit
Sub -Total
Ouantity Product Description Fuel & Unit
Required Fixtures and Poles Rental Maint. Energy Total
3
60W LED Biscayne Q206
$19.11
$1.39 $1.30
$21.80
$65.40
3
16' WASHINGTON SNGL PLBC16W
$21.77
$0.00 $0.00
$21.77
$65.31
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.001
$0.00
$0.00
$0.00
$0.00
$0.00
Rental, Maintenance, F&E Totals:
Estimates valid for 30 days and subject to change.
$122.64
Project
Summary
Totals
$4.17 1 $3.90
Estimated Monthly Rental
C Deposit
4 CIAC
$130.71
$261.00
$5,982.39
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
fi Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly
rental bill, but no less than $25.00 and subject to change upon review of the account's existing deposit.
4 CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing disinct, MSTU or MSBU special
assessment program, please verify that these facilities meet the requirements within thatiurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request. We look forward to working with you on this project.
Authorized Signature4LLf ��� Date '-
/7
(Please sign and date to approve this proposal and return via email or the mailing address above)
/.� DUKE
ENERGY.
SECTION NO. VII
SIXTH REVISED SHEET NO. 7.110
CANCELS FIFTH REVISED SHEET NO. 7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
6167202133
WORK ORDER NUMBER
1632620
DEF CONTACT
Ed Stevens
CUSTOMER NAME: INTEGRA 360 LLC
SERVICE LOCATION(S) 000 ESTATE ROAD 434
(Street address, city/county, Company account number if established)
This Lighting Service Contract (OContract0) is hereby entered into October 31, 2017 between Duke Energy
Florida, LLC (hereinafter called the Company) and INTEGRA 360 LLC
(hereinafter referred to as the OCustomer0) for lighting service at the above location(s). The Customer agrees to receive and
pay for lighting service from the Company in accordance with the rates, terms and provisions of the Companyt Rate Schedule
LS -1, or its successor, as the same is on file with the Florida Public Service Commission (FPSC) and as may be amended and
subsequently filed with the FPSC. To the extent there is any conflict between this Contract and the Lighting Service Rate
Schedule, the Lighting Rate Schedule shall control.
The Customer further understands that service under this rate shall be for an initial term of ten (10) years and shall continue
hereafter until terminated by either party upon written notice sixty (60) days prior to termination.
The Company shall install the following facilities (hereinafter called the Facilities):
Fixture / Pole TVDes and Number installed:
60W LED Biscayne Q206 QTY
16' WASHINGTON SNGL PLBCI6W QTY
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
(� DUKE
ENERGY.
SECTION NO. VII
SIXTH REVISED SHEET NO. 7.111
CANCELS FIFTH REVISED SHEET NO. 7.111
Page 2 of 4
Rate per Month:
The monthly charges consist of the items below. These charges may be adjusted subject to review and approval by the Florida
Public Service Commission.
Customer Charge
Pole Charge
Light Fixture Charge
Light Fixture Maintenance Charge
Energy and Demand Charge:
Non -fuel Energy Charge
Plus the Cost Recovery Factors listed in
Rate Schedule BA -1, Billing Adjustments
except the Fuel Cost Recovery Factor and
Asset Securitization Charge Factor:
Fuel Cost Recovery Factor ":
Asset Securitization Charge Factor:
"Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor:
Right -of -Way Utilization Fees:
Municipal Tax:
Sales Tax:
THE CUSTOMER AGREES:
See Sheet No. 6.105 and 6.106
See Sheet No. 6.105
See Sheet No. 6.105
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
1. To purchase from the Company all of the electric energy used for the operation of the Lighting System.
2. To be responsible for paying, when due, all bills rendered by the Company pursuant to the Companylls currently effective
Lighting Rate Schedule LS -1, or its successor, for facilities and service provided in accordance with this Contract.
3. To be responsible for trimming trees that may either obstruct the light output from fixture(s) or that obstruct maintenance
access to the facilities.
IT IS MUTUALLY AGREED THAT:
4. Requests for exchanging facilities, upgrades, relocations, etc. are subject to Section III, paragraph 3.05, of the Companyas
General Rules and Regulations Governing Electric Service.
5. The Company does not guarantee continuous lighting service and will not be liable for damages for any interruption,
deficiency or failure of service, and reserves the right to interrupt service at any time for necessary repairs to lines or equipment.
Nothing in this Contract is intended to benefit any third party or to impose any obligation on the Company to any such third
party.
6. Installation shall be made only when, in the judgment of the Company, the location and the type of the facilities are, and
will continue to be, easily and economically accessible to the CompanyQs equipment and personnel for both construction and
maintenance. In the event the Customer or its contractor, subcontractor or other agent changes the grading, which requires the
Company to move its facilities or otherwise incur costs to ensure compliance with applicable code requirements, Customer shall
compensate the Company for all such costs incurred by the Company to comply with any applicable code requirements. In the
event Customer fails to pay the Company within 30 days of the completion of such work, Customer shall pay the Company any
amounts owing the Company, including interest and any attorneys and other fees and costs the Company incurs to collect any
amounts owed to the Company.
7. Modification of the facilities provided by the Company under this Contract may only be made through the execution of a
written amendment to this Contract.
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 19, 2016
('DUKE
ENERGY..
SECTION NO. VII
FOURTH REVISED SHEET NO. 7.112
CANCELS THIRD REVISED SHEET NO. 7.112
8. The Company will, at the request of the Customer, relocate the lighting facilities covered by this Agreement, if provided
sufficient rights-of-way or easements to do so. The Customer shall be responsible for the payment of all costs associated with
any such Customer -requested relocation of the Company0s fighting facilities.
9. The Company 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. The Customer agrees to take responsibility for the cost incurred to repair or replace any fixture or pole which has been
willfully damaged. The Company shall not be required to make such repair or replacement prior to payment by the Customer for
damage.
11. The Company will repair or replace malfunctioning lighting fixtures maintained by the Company in accordance with Section
768.1382, Florida Statutes (2005).
12. This Contract shall be for a term of ten (10) years from the date of initiation of service. The date of initiation of service
shall be defined as the date the first lights are energized. At the end of the term of service, a new Contract will be required.
13. Should the Customer fail to pay any bills due and rendered pursuant to this Contract or otherwise fail to perform the
obligations contained in this Contract, said obligations being material and going to the essence of this Contract, the Company
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 Contract. Service charges associated with the reconnection of service after disconnection for nonpayment
or violation of Company or Commission Rules may be assessed for each lighting installation on an account. Any failure of the
Company 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 Contract by the Company, nor shall it relieve
the Customer of the obligation to perform any of the terms and conditions of this Contract.
14. if the Customer no longer wishes to receive service under this schedule, the Customer may terminate the Contract by
giving the Company at least sixty (60) days advance written notice to the Company. Upon early termination of service, the
Customer shall pay an amount equal to the remaining monthly customer charges and remaining pole and fixture lease amounts
for the term of the contract. The Customer will be responsible for the cost of removing the facilities.
15. In the event of the sale of the real property upon which the facilities are installed, or if the Customerls obligations under
this Contract are to be assigned to a third party, upon the written consent of the Company , this Contract may be assigned by
the Customer to the Purchaser or to the third party. No assignment shall relieve the Customer from its obligations hereunder
until such obligations have been assumed by the Purchaser or third party and agreed to by the Company.
16. This Contract supersedes all previous contracts or representations, either written, oral or otherwise between the
Customer and the Company with respect to the facilities referenced herein and constitutes the entire Contract between the
parties. This Contract does not create any rights or provide any remedies to third parties or create any additional duty,
obligation or undertakings by the Company to third parties.
17. This Contract shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and the
Company.
18. This Contract is subject to the CompanyUs Tariff for Retail Service, or as they may be hereafter revised, amended or
supplemented. In the event of any conflict between the terms of this Contract and the provisions of the Company0s Tariff for
Retail Services, the provisions of the Company0s Tariff for Retail Service and FPSC Rules shall control, or as they may be
hereafter revised, amended or supplemented.
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
ENERGY.
SECTION NO. VII
SIXTH REVISED SHEET NO. ?.113
CANCELS FIFTH REVISED SHEET NO. 7.113
Page
19. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying
with this Contract by strikes, lockouts, fires, riots, acts of God, the public enemy, governmental or court actions, lightning,
hurricanes, storms, floods, inclement weather that necessitates extraordinary measures and expense to construct facilities
and/or maintain operations, or by any other cause or causes not under the control of the party thus prevented from compliance,
and the Company shall not have the obligation to furnish service if it is prevented from complying with this Contract by reason of
any partial, temporary or entire shut -down of service which, in the sole opinion of the Company, is reasonably necessary for the
purpose of repairing or making more efficient all or any part of its generating, transmission, distribution or other electrical
equipment.
20. In no event shall the Company, its parent corporation, affiliate corporations, officers, directors, employees, agents, and
contractors or subcontractors be liable to the Customer, its employees, agents or representatives, for any incidental, indirect,
special, consequential, exemplary, punitive or multiple damages resulting from any claim or cause of action, whether brought in
contract, tort (including, but not limited to, negligence or strict liability), or any other legal theory.
IN WITNESS WHEREOF, the parties hereby caused this Contract to be executed in triplicate by their duly authorized representatives to be
effective as of the day and year first written above.
Charges and Terms Accepted:
INTEGRA 360 LLC
Customer (Print or type name of Organization)
By: � +7�I- a—' . t�I.f
(Signature)
L)? Z6- f
(Print or Type Name)
Title: Naft � Poo—
DUKE ENERGY FLORIDA, LLC
By: Edi Sbeve*is
(Signature)
Ed Stevens
(Print or Type Name)
Title: Duke Energy Representative
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
/ DUKE
ENERGY,,
DE Contact: Ed Stevens
Address: 3250 Bonnett Creek Rd. Lake Buena Vista, FI 32830
Phone: 407-938-6695
Project Details 1
Customer: INTEGRA 360, LLC
Account: 9513989028
Site: 000 E STATE ROAD 434
*LITE, INTEGRA 360 SL2 WINTER SPRINGS FL, 32708
Contact: JEFF RYAN
Phone: 904-273-6004
Lighting Proposal
WR 1453823
June 13, 2017
I Scope of Request j
INSTALL 17 CONCRETE POLES AND 17 BISCAYNE FIXTURES
TO PROVIDE LIGHTING SERVICES TO INTEGRA 360 APTS
ENTRANCES
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
t Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly
rental bill, but no less than $25.00 and subject to change upon review of the accounts existing deposit.
CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district, MSTU or MSBU special
assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request, Ole took 1orword to working with you on this proieet
DocuSiigned by:
Authorized Signature I VOU4 AU AIAkL Date 6/20/2017
(PleaseffA&F iRfFt�approve this proposal and return via email or the mailing address above)
Per Unit
Sub -Total
Quantity Product Description
Required Fixtures and Poles
Rental
Maint.
Fuel & Unit
Energy Total
17 60W LED Biscayne Q206
$19.11
$1.39
$1.30 $21.80
$370.60
17 16' WASHINGTON SNGL PLBC16W
$21.77
$0.00
$0.00 $21.77
$370.09
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Rental, Maintenance, F&E Totals:
Estimates valid for 30 days and subject to change.
$694.96 1 $23.63 $22.10
Project
Summary
Totals
Estimated Monthly Rental $740.69
t Deposit $1,481.00
� CIAC $8,962.45
Estimated Monthly Rental excludes any applicable taxes, franchise fees or customer charge.
t Deposit - The required deposit (applied separately to your lighting bill) will equal approximately two months of the monthly
rental bill, but no less than $25.00 and subject to change upon review of the accounts existing deposit.
CIAC - The invoice for the Contribution in Aid of Construction will be mailed to you separately upon approval of this proposal
and payment is due before the work can be released to scheduling of construction.
In order for us to proceed with the above proposed lighting design we will need an authorized signature on this
proposal and any other required documents enclosed. Do not remit any payment with this form and do not fax.
Return these signed documents to the mailing address above or email the color scanned PDF if instructed.
The CIAC charge is subject to change after 30 days or in the event you request or cause any changes to this proposal.
Duke Energy will call for locate of all public facilities. Any customer owned utilites would need to be located and marked at your expense.
If any or all of these lighting facilities will eventually be submitted to a governmental agency for inclusion into a taxing district, MSTU or MSBU special
assessment program, please verify that these facilities meet the requirements within that jurisdiction. Should the agency not accept these facilities into
their program, the entity who signs the Lighting Service Contract will remain responsible for payment.
Thank you for your lighting request, Ole took 1orword to working with you on this proieet
DocuSiigned by:
Authorized Signature I VOU4 AU AIAkL Date 6/20/2017
(PleaseffA&F iRfFt�approve this proposal and return via email or the mailing address above)
f Y DUKE
ENERGY,,
SECTION NO. VII
SIXTH REVISED SHEET NO. 7.110
CANCELS FIFTH REVISED SHEET NO. 7.110
Page 1 of 4
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
9513989028
WORK ORDER NUMBER
1453823
DEF CONTACT
Ed Stevens
CUSTOMER NAME: INTEGRA 360, LLC
SERVICE LOCATION(S) 000 E STATE ROAD 434 'LITE, INTEGRA 360 SL2 WINTER SPRINGS FL, 32708
(Street address, city/county, Company account number if established)
This Lighting Service Contract ("Contract") is hereby entered into June 13, 2017 between Duke Energy
Florida, LLC (hereinafter called the Company) and INTEGRA 360, LLC
(hereinafter referred to as the "Customer") for lighting service at the above location(s). The Customer agrees to receive and
pay for lighting service from the Company in accordance with the rates, terms and provisions of the Company's Rate Schedule
LS -1, or its successor, as the same is on file with the Florida Public Service Commission (FPSC) and as may be amended and
subsequently filed with the FPSC. To the extent there is any conflict between this Contract and the Lighting Service Rate
Schedule, the Lighting Rate Schedule shall control.
The Customer further understands that service under this rate shall be for an initial term of ten (10) years and shall continue
hereafter until terminated by either party upon written notice sixty (60) days prior to termination.
The Company shall install the following facilities (hereinafter called the Facilities):
Fixture / Pole Tvnes and Number Installed:
60W LED Biscayne Q206 QTY 17
16' WASHINGTON SNGL PLBC16W QTY 17
QTY
QTY
QTY
QTY
QTY
QTY
Additional facilities:
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
DUKE
"IC ENERGY.
SECTION NO. VII
SIXTH REVISED SHEET NO. 7.111
CANCELS FIFTH REVISED SHEET NO. 7.111
Page 2 of 4
Rate per Month:
The monthly charges consist of the items below. These charges may be adjusted subject to review and approval by the
Florida Public Service Commission.
Customer Charge
Pole Charge
Light Fixture Charge
Light Fixture Maintenance Charge
Energy and Demand Charge :
Non -fuel Energy Charge
Plus the Cost Recovery Factors listed in
Rate Schedule BA -1, Billing Adjustments**,
except the Fuel Cost Recovery Factor and
Asset Securitization Charge Factor:
Fuel Cost Recovery Factor **:
Asset Securitization Charge Factor:
**Charges are normally revised on an annual basis.
Additional Charges:
Certain additional charges may also apply to the installation.
Gross Receipts Tax Factor:
Right -of -Way Utilization Fees:
Municipal Tax:
Sales Tax:
THE CUSTOMER AGREES:
See Sheet No. 6.105 and 6.106
See Sheet No. 6.105
See Sheet No. 6.105
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
See Sheet No. 6.106
1. To purchase from the Company all of the electric energy used for the operation of the Lighting System.
2. To be responsible for paying, when due, all bills rendered by the Company pursuant to the Company's currently effective
Lighting Rate Schedule LS -1, or its successor, for facilities and service provided in accordance with this Contract.
3. To be responsible for trimming trees that may either obstruct the light output from fixture(s) or that obstruct maintenance
access to the facilities.
IT IS MUTUALLY AGREED THAT:
4. Requests for exchanging facilities, upgrades, relocations, etc. are subject to Section III, paragraph 3.05, of the
Company's General Rules and Regulations Governing Electric Service.
5. The Company does not guarantee continuous lighting service and will not be liable for damages for any interruption,
deficiency or failure of service, and reserves the right to interrupt service at any time for necessary repairs to lines or
equipment. Nothing in this Contract is intended to benefit any third party or to impose any obligation on the Company to any
such third party.
6. Installation shall be made only when, in the judgment of the Company, the location and the type of the facilities are, and
will continue to be, easily and economically accessible to the Company's equipment and personnel for both construction and
maintenance. In the event the Customer or its contractor, subcontractor or other agent changes the grading, which requires
the Company to move its facilities or otherwise incur costs to ensure compliance with applicable code requirements, Customer
shall compensate the Company for all such costs incurred by the Company to comply with any applicable code requirements.
In the event Customer fails to pay the Company within 30 days of the completion of such work, Customer shall pay the
Company any amounts owing the Company, including interest and any attorneys and other fees and costs the Company
incurs to collect any amounts owed to the Company.
7. Modification of the facilities provided by the Company under this Contract may only be made through the execution of a
written amendment to this Contract.
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 19, 2016
*f DUKE
ENERGY,
SECTION NO. VII
FOURTH REVISED SHEET NO. 7.112
CANCELS THIRD REVISED SHEET NO. 7.112
Page 3 of 4
8. The Company will, at the request of the Customer, relocate the lighting facilities covered by this Agreement, if provided
sufficient rights-of-way or easements to do so. The Customer shall be responsible for the payment of all costs associated with
any such Customer -requested relocation of the Company's lighting facilities.
9. The Company 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. The Customer agrees to take responsibility for the cost incurred to repair or replace any fixture or pole which has been
willfully damaged. The Company shall not be required to make such repair or replacement prior to payment by the Customer
for damage.
11. The Company will repair or replace malfunctioning lighting fixtures maintained by the Company in accordance with
Section 768.1382, Florida Statutes (2005).
12. This Contract shall be for a term of ten (10) years from the date of initiation of service. The date of initiation of service
shall be defined as the date the first lights are energized. At the end of the term of service, a new Contract will be required.
13. Should the Customer fail to pay any bills due and rendered pursuant to this Contract or otherwise fail to perform the
obligations contained in this Contract, said obligations being material and going to the essence of this Contract, the Company
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 Contract. Service charges associated with the reconnection of service after disconnection for nonpayment
or violation of Company or Commission Rules may be assessed for each lighting installation on an account. Any failure of the
Company 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 Contract by the Company, nor
shall it relieve the Customer of the obligation to perform any of the terms and conditions of this Contract.
14. If the Customer no longer wishes to receive service under this schedule, the Customer may terminate the Contract by
giving the Company at least sixty (60) days advance written notice to the Company. Upon early termination of service, the
Customer shall pay an amount equal to the remaining monthly customer charges and remaining pole and fixture lease
amounts for the term of the contract. The Customer will be responsible for the cost of removing the facilities.
15. In the event of the sale of the real property upon which the facilities are installed, or if the Customer's obligations under
this Contract are to be assigned to a third party, upon the written consent of the Company , this Contract may be assigned by
the Customer to the Purchaser or to the third party. No assignment shall relieve the Customer from its obligations hereunder
until such obligations have been assumed by the Purchaser or third party and agreed to by the Company.
16. This Contract supersedes all previous contracts or representations, either written, oral or otherwise between the
Customer and the Company with respect to the facilities referenced herein and constitutes the entire Contract between the
parties. This Contract does not create any rights or provide any remedies to third parties or create any additional duty,
obligation or undertakings by the Company to third parties.
17. This Contract shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and the
Company.
18. This Contract is subject to the Company's Tariff for Retail Service, or as they may be hereafter revised, amended or
supplemented. In the event of any conflict between the terms of this Contract and the provisions of the Company's Tariff for
Retail Services, the provisions of the Company's Tariff for Retail Service and FPSC Rules shall control, or as they may be
hereafter revised, amended or supplemented.
(Continued in Next Page)
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
DUKE
ENERGY,
SECTION NO. VII
SIXTH REVISED SHEET NO. 7.113
CANCELS FIFTH REVISED SHEET NO. 7.113
4 of 4
19. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying
with this Contract by strikes, lockouts, fires, riots, acts of God, the public enemy, governmental or court actions, lightning,
hurricanes, storms, floods, inclement weather that necessitates extraordinary measures and expense to construct facilities
and/or maintain operations, or by any other cause or causes not under the control of the party thus prevented from
compliance, and the Company shall not have the obligation to furnish service if it is prevented from complying with this
Contract by reason of any partial, temporary or entire shut -down of service which, in the sole opinion of the Company, is
reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating, transmission,
distribution or other electrical equipment.
20. In no event shall the Company, its parent corporation, affiliate corporations, officers, directors, employees, agents, and
contractors or subcontractors be liable to the Customer, its employees, agents or representatives, for any incidental, indirect,
special, consequential, exemplary, punitive or multiple damages resulting from any claim or cause of action, whether brought
in contract, tort (including, but not limited to, negligence or strict liability), or any other legal theory.
IN WITNESS WHEREOF, the parties hereby caused this Contract to be executed in triplicate by their duly authorized representatives to
be effective as of the day and year first written above.
Charges and Terms Accepted:
INTEGRA 360, LLC
Customer (Print or type name of Organization)
rom
pocuSigned by:
By: .1 AttVa l 'a
30E835�"FA fore)
David McDaniel
(Print or Type Name)
President
DUKE ENERGY FLORIDA, LLC
By:
(Signature)
Ed Stevens
(Print or Type Name)
Title: Duke Energy Representative
ISSUED BY: Javier J. Portuondo, Manager, Director, Rates & Regulatory Strategy - FL Form LS -1
EFFECTIVE: April 29, 2013
Of i
20aY/120 .ABC ,� E
-21
I CONSTRUCTION NOTES:
1 I
9.THIS WORK REQUEST WILL RELOCATE 5 STREET LIGHT
7f� 6 POLES AND FIXTURES AND INSTALL 3 STREET LIGHT
~ ' 1 POLES AND FIXTURES TO SERVE INTEGRA 360 APARTMENTS
I
I 2. PROPOSED UNDERGROUND ROAD CROSSING
i CONDUIT TO BE INSTALLED BY DEVELOPER
I
DUKE ENERGY CONTACT
ED STEVENS
407-938-6695
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