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2016-49 �' DUKE SECTION NO VII le ENERGY® SIXTH REVISED SHEET NO 7 110 CANCELS FIFTH REVISED SHEET NO 7 110 Page 1 of 4 LIGHTING SERVICE CONTRACT ACCOUNT NUMBER 19660-52229 WORK ORDER NUMBER , 1144749 DEF CONTACT Sue Freyser CUSTOMER NAME City of Clermont SERVICE LOCATION(S) Vineyards at Hammock Ridge (Street address,city/county Company account number if established) This Lighting Service Contract ("Contract") is hereby entered into July 25,2016 between Duke Energy Florida, Inc (hereinafter called the Company)and City of Clermont (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 wntten notice sixty(60)days pnor to termination The Company shall install the following facilities(hereinafter called the Facilities) Fixture/Pole Types and Number Installed 400W HPS ROADWAY 0120,Q120S QTY 17 40145'CONCRETE PLBC4031453 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 Apnl 29,2013 eDUKE SECTION NO VII ENERGY® 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 See Sheet No 6 105 and 6 106 Fuel Cost Recovery Factor** See Sheet No 6 105 "Charges are normally revised on an annual basis Additional Charges Certain additional charges may also apply to the installation Gross Receipts Tax Factor See Sheet No 6 106 Right-of-Way Utilization Fees See Sheet No 6 106 Municipal Tax See Sheet No 6 106 Sales Tax See Sheet No 6 106 THE CUSTOMER AGREES 1 To purchase from the Company all of the electnc 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 tnmming 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 Electnc 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 29,2013 (as DUKE SECTION NO VII ENERGY® 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 nghts-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 pnor 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 matenal and going to the essence of this Contract, the Company may cease to supply electnc 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 nghts It is understood, however, that such discontinuance of the supplying of electnc 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 wntten 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 wntten 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 wntten, 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 nghts 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 Tanff 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 Tanff for Retail Services, the provisions of the Company's Tanff 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 SECTION NO VII ENERGY® SIXTH REVISED SHEET NO 7 113 CANCELS FIFTH REVISED SHEET NO 7 113 Page 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 stnct liability), or any other legal theory IN WITNESS WHEREOF,the parties hereby caused this Contract to be executed in tnplicate by their duly authonzed representatives to be effective as of the day and year first written above Charges and Terms Accepted City of Clermont DUKE ENERGY FLORIDA, INC Customer(Print or type name of Organization) By By (Signature) (Signature) aCom Sue Freyser ( rint or Type Name) (Pnnt or Type Name) Title \ l/ \A(„ k/p/ XS 0 i CCC Title Duke Energy Representative ISSUED BY Javier J Portuondo,Manager,Director,Rates&Regulatory Strategy-FL Form LS-1 EFFECTIVE April 29,2013