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1987-30 r .;; i¡ . 87-030 8 RECE~VED N OV ~ 9 1987 AGREEMENT TO COLLECT UTILITY PAYMENTS At the requ~st of the undersigned utility company ("Company~), NCNB National Bank of Florida ("NCNB") agrees to accept utility payments from customers of the Company and remit the payments to the Company for the period be- "ginning November 1 , 19~, and ending thirty days after written notice of termination is tendered by either party to the other party at the address set forth below. NCNB agrees to accept payment ~f the utility bills at: (x) The Clermont branch located at 690 E. Highway 50, Clermont, Florida; or All NCNB branches. ( ) during regular banking hours. Payments will be accepted only if made by cash, personal check, or money order and accompanied by a copy of the utility bill toward which the payment is to be applied~ Upon receiving the payment and bill from the customer, NCNB will provide to the customer a receipt in the form specified in Exhibit At attached. For each payment accepted, NCNB will prepare a deposit slip and deposit the payment into the Company's NCNB account no. 5202019301. NCNB will provide" to the Company a copy of each deposit slip and the remittance portion of the bill in accord- ance with the schedule set forth in Exhibit A. ~CNB agrees to notify the Company immediately upon discovery of a loss or theft of payments by contacting the following office of the Company: City of Clermont One Westgate Plaza "Clermont, Florida 32711 .' The Company agrees to indemnify NCNB and its officers, agents, employees, successors and assigns, and to hold NCNB and its officers, agents, employees, successors and assigns harmless from any and all claims or actions (including reasonable attorneys' fees, costs and all fees and costs in- curred upon appeal) arising out of this Agreement or from any act undertaken in accordance with this Agreement including, but not limited to, any lQSS or theft oT monies collected for the Company, provided such loss or theft is not due to the willful misconduct or gross negligence of NCNB. The procedures contained in Exhibit A are incorporated herein and the Agreement with Exhibit supersedes any prior or contempraneous agreement or representation, oral.or written, by or between the parties related to the subject matter hereof. ¡. 8 Page 2 '. 8 IN WITNESS WHEREOF, the parties 'hereto have caused this Agreement to be duly executed and delj¡vered by their proper .and duly authorized officers this ~QI day of Alð1I'tft,...,b~ .' 19.82.-. NCNB NATIONAL BANK OF FLORIDA BY: Name: Michael H. Conle Title: City Executive '" Mailing Address: NCNB National Bank P. O. Box 39 Clermont, Florida 32711 "UTILITY COMPANY" .. ::ÆLRM¿¡ ~ré' Name: Robert A. Pool Title:Mayor Mailing Address: City of Clermont . One Westgate Plaza Clermont, Florida 32711 >-, . ~ .;.- .. i 8 . '. EXHIBIT A PROCEDURES FOR COLLECTING PAYMENTS FOR CITY OF CLERMONT 1. Customer Receipt: NCNB will stamp as paid the custo- mer portion and remittance portion of each bill with a stamp showing the current date, and return the customer portion to the customer as a receipt of payment. Document Transmittal: NCNB will deliver to a represen- tative of the City of Clermont the remittance portions of the bills, copies of the deposit slips, and a cashiers check for the total of deposits pursuant to the follow- i~g schedule: 2~3 days bØfore the 15th of each month. 2. Initials: )fI/v NCNB National Bank of Florida '-yV. City of Clermont .