HomeMy WebLinkAboutLEASE AGREEMENT WITH GA POWER FOR WALKING TRACK LIGHTING FOR BROOKFIELD PARK Lighting Services — NESC � Standard Lease Agreement GE�RGI1$ � a.
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Type Customer: Commercia{ l� industriai p Residential ❑ New Account ❑ Customer Choice ❑
Conversion? Yes ❑ No � Type of Construction: New Q� Existing p
Description of Business {Apartment Compiex, Car Dealer, etc.):• �so,�xc•a� OACt..�. __
�vernmental ❑ Non-Governmental
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U.IP�VI�NT �
�:; ` �, �_� ', Prepaid Amq�nt �exe/ude�.aPpUaab/e sales �axj $ 2„ 5 5 pO Bill Collected ❑.
' j � La�nP y TYPe ' , ; � OI�/ M/ �c�Uipment ` �st�matetl ' 'E�tirriated ;
A � ° � , ��`Y ' 1Nattage �RS e �,:,_ F►xture Desctiption ' !JG , UM ; Arnount ($) .` j ha�r'�e�*e$ . ;; Cha. �hehlY� `'
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* Estimated Regulated Charge is subject to change at any time as dictated by the Georgia Publfc Service Commission. "Estimated Monthty Charge" is the
sum of °Equtpment AmounY' and "Estimated Regulated Charge" and will vary with the Regulated Charge. Excludes any applicable sales t�c
Pro ect Notes:
Initial Term ofAgreement: Months Initfal term starts on fhe dafe billing begins
Customer agrees to lease the Equipment described above from Georgia Power Company on the attached terms and conditions.
��GASI S�j�► o�
Customer's Au 'zed S atur : � Georgla Power Company:
Si nature: ����/� �"." Date: � 41 %( Signature: �p... L.�ac).c�,.�_, Date:
Print � Print �
t3ame: � t t`.� +�'�- � lJ �'L� �� Name: n► e�aar.J�fZ.
Print Print
Title• � � �. �����., Title• �r �
� NESC is a federally registered trademark of IEEE Page 1 of 2
WHITE—Billing CANARY—Sales PINK—Customer
1. Liahtina Enutoment Leaee. Georgla Power Company ("GPCs) wiil lease to Customer the "Equipment" descdbed on Page 1 of this Lease Agreement ("Agreement°} for
use at the °Premfses" (the'Service Address' shown on Page 1) and will provide electric aervice to operate the Equipment Customer grants a Ilcense and rlght of access to
GPC (and to GPC's representa8ves and coMractors) to enter the Premises to Install, connect, inspect, maintain, test, replace, repair, or remove the EquipmenY to remove or
dlsconnect pre-exisUng equipment as noted; to provide electric servlce for the Equipment; or to conduct any other Agreement-related activfty (coile�ively, the "GPC
Activttles'�. Customer acknowledges that the Equipment, though attached to real properly, will atways remafn the euclustve personal properiy ot GPC and that GPC may
remove the Equlpment when this Agreement enda. Customer also acknowiedges that regulaiory change dur(ng the Agreement term may require GPC to modify or replace
some Equlpment
2. Term. The "Initial Term° of this Agreement Is the period stated on Page 1, calculated from the date of the first mo�thiy bill. After the IniUal Term, the Agreement wlll
automaBcally renew on a month-to-month basis untll terminated by either Customer or GPC by providfng wrltten notice of intent to terminate to the other party at least 30 days
before the destred tertnination date. GPC's address for nodce is 1790 Montreal Cirde, Tucker, GA 30084-6801; Customer's address for noGce is the Malling Address shown on
Page 1.
3. a e. GPC will Invoice Customer per the terms stated on Page 1. After the First 60 Months, the monthly charge may be reduced as noted on Page 1 if Customer notifies
GPC Lighdng Services Business Unit at 1-888-788-8458. Custome� acknowledges that the electric service charge will vary as dictated by the Geotgla Publtc Servlce
Commisston. Customer agrees to pay the amount bilied by the due date (20 days aRer billing date). If there Is a balance outstanding past the due date, Custamer agrees to
also pay a 1.6°k late fee on the unpaid balance and also acknoHAedges they may be required to pay a deposlt ot up to iwo times the Estimated Monthly Charge in order to
conUnue service. CUSTOMER ACKNOWLEDGES THAT GPC MAKES NO REPRESENTATtON OR WARRANTY REGARDING TREATMENT OF THIS TRANSACTION BY
THE INTERNAI REVENUE SERVICE OR THE STATUS OF THIS AOREEMENT UNDER ANY FEDERAL OR STATE TAX lAW; CUSTOMER ENTERS INTO THIS
AGREEMENT IN SOLE RELIANCE UPON CUSTOMER'S OWN ADVISORS.
4. �aulome�t Protection. Throughout this AgreemenYs term, Customer will inform its personnei (and any contractor w person pertorming construction at the Premises or
dfgging nea� ihe Equipment) of the EquipmenPs presence, Elther Customer or the olher party must prov)de notices and locate requests to the Georgia UtlliUes Protection
Center and must coordinate all activides with the Utilities Prolectlon Center and with all utility facitlty owners or operators as required by the the�-current Georgia UNlity Factlity
Protectlon Act (O.C.G.A. § 25-e-1 et seq.) or High-voltage Safely Acl (O.C.G.A. § 48-3-30 et seq.), As beiween Customer and GPC, Customer will bear all �ats aristng from
failure to compiy with these laws or for Equipment damage caused by anyone other than GPC (or GPC's representaUves or contractors). IF THE EQUIPMENT IS DAMAGED,
CUSTOMER WILL REPORTTHE DAMAGE TO GPC AS SOON AS POSSIBLE BY CALLING (888) 880-5890.
5. Matntenance. Durtng this Ag�eemenYs term, GPC will malntain the Equipment and will bear the cost of routine repair or replacement Customer must notlfy GPC of any need
tor Equipment repatr by elther caUing (888) 680-5890 or reporting the need onllne (hqq://outdooAlahti�a.aeora(aoower.com). If the Equipment damage was caused by
Customer or a third party, Customer will reimburse GPC for the repair or repfacement cast.
6. gQ$. CUSTOMER ACKNOWLEDGES SOLE RESPONSIBILITY FOR THE SAFETY OF THE PREMISES AND ACKNOWLEDGES THAT GPC NEITHER HAS,
NOR i4 11MES, ANY OBLIGATION TO ENSURE THE PREMISES' SAFETY. 6PC MAKES NO COVENANT, WARRANTY, OR REPRE3ENTATION OF ANY KIND
(INCLUDING WARRANTY OF FITNE53 FOR A PARTICULAR PURPOSE OR OF MERCHANTABILIT'Y) REGARDINCi THE EQUIPMENT OR ANY GPC ACTIVITY UNDER
THIS AGREEMENT. Customer wlll not be entiGed to indtrect or consequenUai damages irom GPC of any kind pncluding losa of revenue, loss of actual or anticipated profits,
loss of capttal costs, loss of buslness reputation, or puniUve damages) arising from any damege or deiay involving the Equipment or thts Agreement
7. I�emnitv. To the fullest extent aliowed by law, Customer agrees to lndemnify, detend (if tequested by GPC), and hotd harmless GPC and its af�liates and contractors (and
thelr offtcers, directors, employees, representatives, and agents) from and agalnst any claim, demand, damage, expense QnGuding attomeys' fees and oourt costs), acUon,
proceadtng, judgment, penalty, ftne, �st, or other ilability (whether based upon tort, breach of contract, sMct Ifabtlky, equliy, or othervvise) of any kind or nature for bodily Injury
Qnciuding death) to persons, damage to reai or personal property QnGuding loss of use), monetary damage, or equitable relief caused by or arising out of any act or omission of
Customer involving this Agreement, the Equipment, or the Premises, in whatever manner caused and regardlass of whether causad by or arising out of the Jolnt, concurrent, or
contributory (but not sole) negligence of GPC, any other person indemni�ed under thfs Agreement, or any other person not a party to thia Agreemenk
8. p,�(a�uit. Customer will be in default if any amount owed under thls Agreement Is not paid within 45 days ot biiling. GPC's waiver of any past default will not waive any other
default. If default occurs, GPC may, at its discreNon, immedlately terminate this Agreement, coilect all past due amounGs and all amounts due for the Equipment during the
AgreemenPs remaining tertn, remove the Equipment irorn the Premises, a�d seek any other available remedy.
9. �tire Aa�r ,_ This Agreement contains the partles' entlre agreement relaUng to the Equipment and replaces any prior agreement, wriflen or oral. Thts Agreement may
be modified anly by an amendment s(gned by each party, except that updated contact InformaUon (e.g., address, phone, website) may be provided at any tlme by wrltten nottce
to the other party. This Aereement will be govemed by Georgla law. If any provision ia ruled 1nvaUd or unenforceable, the Agreement as a whole wtli not be affected. In thls
ABreement, °includtng° means "including, but not Itmited to.°
10. Poie Attachments. If Customer desires to attach anythtng to any Equipment (poles, Iight fixtures, etc.), Customar must Brst obtain GPC's wfltten permissfon. Customer must
call GPC Lighting Services Business Unit at 1-888-788-8458 to obiain the proper pole attachment authorizatlon.
11. Oeorata Securitv Immiaration and Camnliance Act (Anolicable Oniv If Customer is a Qeoraia Governmental Entitvl Customer Is a'publ� employer as deflnad by
O.C.ci.A. § 13-10.91 and this Agreement is a contract for physical perTormance oP servicea within the State oP Georgia. Compltance wiih the requirements of O.C.G.A § 1&10.
91 and Rule 500-10-1-.02 is a con�itiort of this Agreement and is mandatory. GPC's comptlance with O.C.G.A. § 19-10•91 and Rule 300-10-1-.02 wlll be attested by execuUon
of the contractofs aflidavit attached as Exhibit "1° and made a part of this Agreement. GPC agrees that, If lt employs or conuacts with any subcontractor(s) in connecUon with
this Agreement, GPC will secure from each subcontractor attesiaUon of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300.10-1-.02 by execution of a
subcontractor's aftidavit in lhe form attached as Exhibit "2." The af�davit wHl become a part of the l3PC/subcontractor agreement and GPC will maintain records of the
aifidavits for inspection by Cuatomer.
12. Customer Reoreaentations. Customer represents to GPC that: (i) Cuatomer is expressly authorfzed by all Premises ownere (and any other party wkh dghts in the Premises)
to enter into this Agreement and to authorize the GPC Activtties (induding the use of vehicles, equipment, toois, and materials as neceasar�; (li) all Premises property Iines are
clea�ly and accuretely marked; and (tii) the Premtses' flnal grade will vary no more than six inches from the grade existing at the Hme of Equlpment installation.
(a) C st me D. if GPC agrees to albw Customar to perform any part of the Equipment installatlon (including irenching) ttself or through a fhird party, Customer
warrants at fb work will meet GPC's installadon speciBcaUons (which will be provided to Customer and are incorporated by this reference). Customer will bear all
reasonable additlonal costs arising from Cuatomers non-compliance with GPC's speciHcations or lack of Umely (i.e., 10 days') notice to GPC that GPC's portion of the
Equfpment lnatallafion can commence.
(b) Unde�und �ac�litle�/ObstrucElons. Because GPCs Acflvitles may require excavaGon or dtgging, Customer acknowledges thet Customer muet mark ail
underground obstruattons and prlvate utlllties and faciliGes (e.g., gas Iines, water 11nes, sewer Iines, irrigetton facilities, low voltage data or communication
cables or Iines, etc.) at the Premises. Customer warranb either that Q) all underground obstrucUons and private utiliUes and faciliUes have been marked or wiil be
marked before GPC commences Equipment fnstallation or other GPC ActiviGes involving excavat(on or diggfng; or (il) there ara no underground obatructlons or private
uUlities or facilitles at the Premises.
(c) U foresee � C dit . If Customer fa(Is to propedy mark or ldenUfy a pdvate uGlity or fadlity or other underground obstrucHon, and damage occurs in connecUon with
GP 's Act(vtUes, Customer agreea that, as between Customer and GPC, Customer w(II bear sole responsibiliry and that GPC will have no Ilability for any damaga or
resulting delay. Customer also acknowledges ihat the es8mated chargea shown on Page 1 inciude no allowance for any subsurtace rock, wetlands, underground stream,
buried waste, unsuitable or unstabla aoil, underground obstructton, archeologicat artlfact, burlal ground, threatened or endangered species, hazardous substance, etc. not
properly identi�ed and marked by Customer ("Unforeseen Conditlon"). If an Untoreseen Condition is encountered, GPC, in its sole discretion, may stop alt GPC
Activity unUl Customer etther remediea the Unforeseen Condition or agrees to reimburse all GPC expenses arising from the Unforeseen Condidon. Customer wlii bear all
costs of any Equlpment modiftcation or change requested by Customer or dictated by Unforeseen Conditions or circumstances ouiside GPC's control.
CUSTOMER REPRESENTATIONS ACKNOWLEDGED BY CUSTOMER: Initials �� Date ��"� I
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