HomeMy WebLinkAboutMontana Power Company Lighting Agreement, 1998
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LIGHTING AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of October, 1998 by and between the MONTANA
POWER COMPANY, hereinafter COMPANY, and The City of Bozeman, of P.O. Box 640, Bozeman, MT
59771 hereinafter CUSTOMER.
WITNESSETH
WHEREAS, the customer desires a lighting system, hereinafter a System, to be installed at
Northeast comer of 11 'II Ave and College Street, Bozeman, MT 59715_
WHEREAS, the Company is willing to constmct, install and own the System and to maintain, operate and
supply electric energy to the System upon the terms and conditions contained herein, and the desired lighting
system is to replace an existing luminaire at the SE comer of 11 th Ave and College Street, Bozeman, MT
59715;
WHEREAS, the Customer is willing to pay the associated costs to the Company for providing said System;
NOW, TI-lEREFORE, in consideration of the promises and mutual covenants herein specified, the parties
hereto agree as follows:
INSTALLATION AND OWNERSHIP
The Company agrees to constmct and install a System which shall consist of the following:
Fixture type and number: One 200 Watt BPS Cutoff Cobrahead Fixture.
Pole type, :MH and number: One 34' AOL Fiberglass pole with fixture mounted at 30'.
UG or OH system: Overhead.
Specify - Core lighting and/or Special (non-core) lighting: Core Streetlight.
Other: Installation charges of $1,500.25 will be paid by Montana State University Facilities Services. Monthly
Energy, and Operations & Maintenance charges will be billed to the City of Bozeman.
The System shall be installed in a location agreeable to both Customer and Company,
MAINTENANCE AND OPERATION
1) Location and numbers of units may be modified only by mutual consent ohhe parties,
2) The Company will maintain a supply of replacement parts including standards, fixtures and lamps for
maintenance on ~Jighting systems..
3) If the Customer elects to receive service from special or non-core t~'lcilities, the Customer shall maintain on
their prernise(s) and provide upon Company request, all replacement unique non-core facility components
(standards, fixtures, lamps, etc.) necessary to keep such unique non-core facilities operable. Upon utilization of
components, Company will reimburse Customer the cost of such components within thirty (30) days after
receipt of evidence, satisfactory to the Company, of such cost.
4) The Company agrees to maintain, operate and supply electric energy to the System for charges hereafter
specified.
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5) The Company shall have no obligation to patrol the System to detemline that the System is in operating
condition at all times, but will make repairs and replace lamps within a reasonable time after notice of any
outage.
6) it is understood and agreed that the Company shall not be liable for failure to comply with any of the terms
and conditions of this Agreement where failure is caused by acts of God, governmental regulations or orders,
strikes, or labor difficulties, fire, floods, droughts, riots, destmction of property, or without being limited by the
foregoing, by any other cause beyond the reasonable control of the Company.
7) Customer understands both the existing luminaire and the replacement luminaire (System) may not meet
the Illuminating Engineering Society (IES) code.
CHARGES
1) The Customer undertakes and agrees to pay the Company for maintaining and operating the System and for
delivering electric energy thereto, as follows:
UNITS WATTS TYPE UNIT CHARGE PER MONTH TOTAL CHARGES PER MONTH
One 200 HPS $4.44 $4.44
2) Theunit charge for service shown above is subject to amendment or revision by the Public Service
Commission of Montana
3) The charges specified above are based on normal conditions and do not cover charges for extraordinary
repair and/or replacement costs,
4) The Company shall have the right to make an additional charge to the Customer at the cost of material and
labor (including applicable payroll overheads) for repairs to and replacement of the System for damages
caused by third parties and not paid for by such third parties
TERM AND CHANGE OF OWNERSHIP
1) This agreement shall be and remain in full force and effect for a period of five years from the date hereof
after which time neither party shall be under obligation to provide or continue llse of the services outlined
herein.
2) If the Company no longer desires ownership of the System after the expiration of this agreement, Customer
shall reimburse the Company for the value of the System as determined using standard accounting
depreciation calculations.
3) This Agreement creates a covenant which mns with the land and shall be binding upon and shall inure to
the benefit of the heirs, legal representatives, successors and assigns of the parties.
MONTANA POWER COl'v1PANY ~OMER~
By: Vf:-L-. ~{1..)K-
By ~ .
Title: r f-.... '\bI2J-;-"i. Sl2.-KlJ fcJ..-S Title: DiV'f!.~-hn- 0 f 'PtJ.k.l..Ls.. ~V i ~ <<=-
Date: 2.. '1 () [2)"'iL [99 R Date: 10.2-'1. Cf~
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