HomeMy WebLinkAbout00- Montana Power Company Street Lighting Agreement
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STREET LIGHTING AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of November, 2000, by and
between THE MONTANA POWER COMPANY, A Montana Corporation, having its principal
office and place of business at 40 East Broadway, Butte, Montana, 59701 (hereinafter
Company or MPC) , and the City of Bozeman, a municipal entity of the State of Montana,
(hereinafter Customer).
WITNESSETH
WHEREAS, Special Lighting District No. --6+0- has been duly created by the City of
Bozeman ; and
WHEREAS, Customer desires to obtain street lighting (hereinafter the System) within the
boundaries of said District; and
WHEREAS, the Company is willing to install, operate, maintain and supply electric
energy to the System upon the terms and conditions contained herein,
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
specified by the parties, it is agreed as follows:
1. INSTAllATION AND OWNERSHIP OF LIGHTING
The Company undertakes and agrees to maintain within the boundaries of the System
the following high pressure sodium vapor (HVSP) units:
A. Fourteen (14) 250 Watt High Pressure Sodium Shoebox Fixtures and 5"x5"
Fiberglass Poles. The fixtures will be mounted at 20' and the system will serve
Phase II of Allison Subdivision along Graf Street, Teslow and Ritter Drives.
Said lights shall be installed at locations agreed upon between the parties as shown on
Exhibit A, attached hereto. Company shall endeavor to accomplish installation as soon as
reasonably possible.
The system and all associated materials shall remain the property of the
company.
2. MAINTENANCE AND OPERATION
Locations and numbers of units may be modified only by mutual consent of the parties.
The Company agrees to maintain, operate and supply electric energy to the System for
the charges hereafter specified. Lights shall be turned on at dusk and turned off at dawn each
day during the term of this Agreement.
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The Company shall have no duty or obligation to patrol the System to determine that all
of said lights are in operating condition at all times, but will make necessary repairs and replace
lamps within a reasonable time after notice of any outage.
3. CHARGES
a. Monthly Charges
The Customer undertakes and agrees to pay the Company for maintaining and
operating the System and for delivering electric energy thereto, as follows:
No. of Watts Type Unit Chg/Mo Total Chg/Mo
Units
37 250 HPS Shoebox $ 19.31 $ 714.47
3 250 HPS Cobrahd 19.31 57.93
The unit charge for electric service shown above is based upon Rate Schedule LS-1 and
is subject to amendment or revision by the Public Service Commission of Montana.
If the number of lighting units shall hereafter be increased upon agreement of the
Customer and The Company, the then applicable rate(s) shall apply to such additional units.
b. Additional Charges
The charges specified in the above schedule are based on normal conditions and do not
cover charges for extraordinary repair and/or replacement costs.
The company shall have the right to make an additional charge to the Customer for the
cost of labor (including applicable payroll overheads) and the actual material cost for repairs to
and/or replacement of the system for damage caused by third parties and not paid by such third
parties.
4. MQNTHL Y PAYMENT
a. Payment for the services rendered under this Agreement shall be due and
payable in cash or valid warrants at the office of the Company when rendered each month, and
will become delinquent ten (10) days thereafter. If any bill remains delinquent for more than
twenty (20) days, the Company may discontinue its service in accordance with its standard
termination procedures.
b. In the event product availability hinders replacement of a defective or failed
facility and an outage extends beyond one (1) month, upon the timely request of Customer, the
monthly charge will be abated until the outage has been repaired.
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5. INTERRUPTIONS
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, fires, floods, droughts, riots,
destruction of property, or, without being limited by the foregoing, by any other cause beyond
the reasonable control of the Company.
6. TERM
This Agreement shall be and remain in full force and effect for an initial five (5) year term
from the date hereof and shall thereafter continue in force and effect unless terminated by
either party giving the other party written notice of its intent to terminate at least ninety (90)
days prior to the expiration of the initial term or any extension thereof.
7. NOTICE
Any notice to be given under this agreement may be served upon a party personally or
served by mail directed to the party at the following addresses:
COMPANY CUSTOMER
THE MONTANA POWER COMPANY CITY OF BOZEMAN
121 E GRIFFIN DR P.O. Box 1230
PO Box 490 BOZEMAN, MT
BOZEMAN, MT 59771-0490 59771-1230
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in
duplicate by their duly authorized Representative, the day and year first above written.
THE MONTANA POWER COMPANY CITY OF BOZEMAN, MONTANA
(COMPANY) (Customer)
By: p-~~' By: ~-""--,,~::::::--d...------------,"--"~~
TITLE: OIYt!Jcdtly ,/" tJl"'/SJ&lf>( tf//erO/Y/C'...,S TITLE: City Manager
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Rate
Premise #
MPC Use Only
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