HomeMy WebLinkAboutAgenda - 10-07-2008 - 4jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 7, 2008
Action Agend
Item No. ~_
~~
SUBJECT: Animal Services Facility Site Lighting Utilities Right of Way Agreement with
Duke Energy
DEPARTMENT: Purchasing PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
Right of Way Agreement Pam Jones, 919-245-2652
Service Agreement for Leased Street and
Public Lighting
Site Lighting Electrical Site Plan
PURPOSE: To consider:
1) Approving a Right of Way Agreement for the installation and maintenance of electrical
site lighting utilities built to service the Orange County Animal Services Facility,
contingent on the final installation and subsequent as-built survey plat developed by
Orange County and final review by the County Attorney; and
2) Approving the Service Agreement between Duke Energy and Orange County for Leased
Site Lighting for the Orange County Animal Services Facility.
BACKGROUND: Duke Energy is requesting this dedication of Right of Way in order to properly
service the electrical site lighting utilities installed to serve the Animal Services Facility. The
County will lease the lights from Duke Energy. The utilities are depicted on the attached Site
Lighting Electrical Site Plan. The project plans fora 10 year leased site lighting Agreement with
Duke Energy (Service Agreement attached).
The Right of Way dedication will not be rendered to Duke Energy until the utilities are installed
and a representative as-built survey plat is created and approved by the County Attorney. The
location of the lines will occur in areas previously disturbed as part of the facility construction
process and will require no additional plant or tree removal.
FINANCIAL IMPACT: The leased lighting agreement stipulates a $235.44 monthly charge for
the lighting services which is included in the FY 2008-2009 operating funds.
RECOMMENDATION(S): The Manager recommends that the Board:
1) approve the Service Agreement for Leased Site Lighting;
2) dedicate the Right of Way to Duke Energy as presented, contingent on the final
installation of the utilities and the approval by the County Attorney; and
3) authorize the Chair to sign on behalf of the Board.
WRNo. 7~ f Resp. ,; Pr ject C~ ~/~~ Return Address: Duke Energy olinas
Drawn BY: __.__ Attn: ~ ~G ~e~h ~~
Project Des 'bony j ~d
(//L cii L~7I~-.~~~. Z ~.Sll>
STATE OF NORTH CAROLINA RIGHT OF WAY AGREEMENT
COUNTY OF _ f~/~,r1 C ~
~.. 1
KNOW ALL MEN BY THESE PRESENTS, That ~/~,y,C)('~ ~Ciiu.Ty/
hereinafter called "Grantor" {whether one or more), in co dins' eration of the of One Dollar ($1 AO} and other good and valuable
considerations, does hereby grant unto DUKE ENERGY CAROLINAS, LLC, and its successors and assigns, subsidiaries and
divisions, hereinafter called "Grantee," the perpetual right, privilege and easement to go in and upon that certain land of Grantor
(hereinafter "Qrem}ses") situated in said County and State, property described as: _ _ _
and over and across said premises within aright-of--way strip (check applicable):
ving a width of feet on each side of a centerline determined by the centerline of the electrical facilities e
lighting ' ' 'es, as installed, to construct, maintain and operate with poles, lighting fixtures, crossarms,,yuires; guys, anchors,
cables, transform d other appazatus and appliances, overhead lines for the purpose of trans a ectricity and/or providing
lighting services and o communications purposes of the Grantee an ated telephone utilities and other
telecommunications services. The ~ rights are also granted t e: to enter said premises to inspect said lines,
equipment and facilities, to perform maintenan a make alterations and additions thereto, to remove from the
right-of-way strip, now or at any time in the tie ctures or other obstructions that may endanger the proper
maintenance and operation of said 1' er facilities or equipment s of any species that Grantee determines will gmw
at maturity to a height tha endanger the proper maintenance and operation o mes or other facilities or equipment ; to
trim or remove eep trimmed or remove dead, diseased, weak or leaning trees or lim ide of the right-of--way strip
which, a opinion of the Grantee, might interfere with ar fall upon the electric, lighting, teleco 'cations or other
co ications facilities within the right-of--way strip; and to install guy wires and anchors extending beyond the of the
right-of--way strip.
having a width of f a feet on each side of a centerline determined by the centerline of the electrical facilities and/or the
lighting facilities, as installed, to construct, maintain and operate underground Lines and conduits with other apparatus and
appliances, either above ground or below ground, to include transformers and service connections, for the purpose of transporting
electricity, providing lighting services and for the communications and telecommunications purposes of Grantee and its licensees.
The following rights are also granted to Grantee: to enter said premises to inspect said lines, equipment and facilities, to perform
maintenance and repairs, and to make alterations and additions thereto; and to cleaz the land within the right-of-way strip and to
keep it clear of trees, structures or other obstructions; and to clear that land outside the right-of-way strip within ten feet of the
service door of any transformer or cabinet located within the right-of--way strip and to keep the area within ten feet of said door
cleaz of trees, structures or other obstructions. Grantor, for itself and its successors and assigns, agrees to hold Grantee, its
successors and assigns, harmless for replacement and/or repair of paving, landscaping and fences as a result of fixture system
maintenance and repair. All underground facilities aze to be installed in accordance with the provisions of Grantee's Underground
Distribution installment Plan, NCUC Docket E-7, Sub 828, receipt of a copy of which is acknowledged by Grantor.
This right-of-way is given to permit the construction or modification of fac~7ities presently proposed. Facilities at other locations
and future extensions of presently constructed facilities are not permitted by this agreemen#. The foregoing notwithstanding,
Grantee may relocate its facilities and right-of-way strip over the premises to conform to any future highway or street relocation,
widening or improvement.
IN WITNESS WI~REOF, this instrument is executed oa this day of
GRANTOR
(Company Name)
{Position/I'itle}
STATE OF NORTH CAROLINA,
By:
Name:
Title:
COUNTY
Y certify flint the following person(s) personally appeared before me this day, each aclrnowledging to me that he or she signed the
foregoing document:
Date:
My Commission Expires:
Notary Public
(Signature of Signatory)
(Name of Signatory)
Affix (Notary or Corporation) Seal
Page 1 of 3
ACCOUNT ORANGE COUNTY
NAME
SERVICE 1801 EUBANKS ROAD
ADDRESS CHAPEL HILL, NC
ACCOUNT
NUMBER
Duke Energy Carolinas tLC NC Service Agreement -Street 8~ Public Lighting
Duke Energyy Corparadon • Etedronic Farm Reposkary
Electric Dblrlbutlon form for North Carolina Onty
Customer Name ORANGE COUNTY ~ Pro]ect Name ~ ORANGE COUNTY ANIMAL ° Duke Energy CeroHnae LLC ,~e~ri~ liy'~//
SHELTER Date
Service Address ~ 1801 EUBANKS ROAD, CHAPEL HILL, NC TOTAL MONTHLY CHARflE8 $235.44
Mailing Address ~ PO BOX 17177, CHAPEL H1LL, NORTH CAROLINA 27516 One Tlme Payment (incl. tax} $0.00
Service Requested by ~ BILL MACDONALD- Title PROJECT MGR (GLANCEY Phone 919-8343801 'sutiieottoeMna~PpKVNia.st~oxnondhatlv~nbad~duls.
8r tHEYS
Thin agreemart, when signed by ttw Customer end by an aulhodxed repreeenbrdve of Duke Energy Carodnae LLC ('Dukd), wAl be a contract underwhkh Duke egroee to iumbh iho outdoor Iightlng service indicated below tc the Cwtomer and the
Cuatamer egress to pay for the eaMoe In eawdtsrca wkh the terrna of Rate Schedule PL and Duke's SeMce Reguladons on Ne wtlh the North Caroline Puhl~ Service Commission, and on }de in Duke's oHicee, (A3 THE RATE SCHEDULE AND SERVICE
REGULATIONS MAY BE MODIFIED FROM TIME TO TIME) whkrh Rate Schedule end SeMce Reguladona are heroby frsxxporatad as part of SAIa agreement.
i]ttlce vulll provide the outdoor Ilghtlng service indfceled below, but M the eeMce b wholly or pardelly interrupted a suspended or felt because lamps bum out m are broken, berrerrse of arty cause beyond Duke's roesonahle rxmtrel a because Duke
needs to ewpend dre service for the purpose of lnepecdng or msktng repeks a eiteratlcns to tls Mee or otlrer equipment, then Duke ahefl not be obllgatsd to provide the service during en each IMertuptlon, susparuton or falWro, and' Duke shalt not be IIaWe
for any damage or Icse resutlfnp therefrom. Dula will replace tamed out bmpe and odrenMee makrWn the flxdae dudng regular deytlme workMg hours as ern ee practlcaf foAovJrrg notlficedon by the Customer aF suoh problems.
k b further agreed tttst Duke reserves the right to dbcontlnue seMos and remove the ibduree from tlw Cuatomara premises H the Customer vblatea any of the terms of the Service Ragulatlone, Rats 3d~edule or 1Ma Agreement Ths Irrwl term of this
Agreement stout be 10ytiltars. end thereeRer itshail contlnuo undl terminated by either party giving so deye' written nofke ro the other party. IN THE rvovr OF TERMINATION DURING THE INiTIALTERM OFTHis AGREEMi3~IT, THE CUSTOMER
AGREES TO PAY DUKE40°K OF THE TOTAL MDNTHLY CHARGE FORTHE NUMBER OF MONTHS REMAINING IN THE INiTIALTERM.
CustomarSignaturs X - DateSlpnsd
Special lnstruclons LIGHTS LOCATED IN THE PARKING LOT OF THE ORANGE COUNTY ANIMAL SHELTER,B 70TAL Work Request 148523D
Number 200808131695213
SAID
Additional Monthl Ghar es
Rate Per Mo. Per Unit # of Units Monthly Charge
Outside Municipality
all types $1.78
Inside Munlelpality
Trefflc Support only $1.T8
Not for Trafilc Su rt 0.00
Additional Monthl Cha es for Unde round Conductors
Service feet per pole from underground system (101-200 fast)
Total UG Conductor served from UG: 950 (in feet)
0.75 x 8 oles = 8.00
Additional Monthly Charge for Underground conductor $.07 for each increment of 10 feet or less, over 200 service feet from pole
10' Increments over 200' per pole = 0 x .07 =
0.00 x 8 lee = 0.00
Subtotal: 6.00
Other Cha es '
Spedal instructions:
LIGHTS LOCATED IN THE PARKING LOT OF THE ORANGE COUNTY ANIMAL SHELTER,8
TOTAL
Addltlonal One Tlme Payment Total Amount: $0.00
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Page 2 of 3
Additions[ Monthly Payment Total Amount: $8.00
0
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Page 3 of 3
Decorative Luminaires
Luminalre #9
Descrl bon: Bronze Sh'oebox 400W MH Si le 26' S e A Direct Buried -Inside
Pa ent 0 t Added to Monthl Cha e
# Units 1 Tlme Cha a Monthl Char e
Decorative
adder. 14.68 8 0.00 ~ 14$,64
Luminaire Descri tion: 400 waft 40 0001umen Metal Halide lam ,urban
ExisNn Pole 0.00 0 D.00.
New Pofe w/
UC3 14.10 8 112.80
Total 0.00 229.44
Are any old faciiitles to be removed? No
0
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