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1941-01WHITE WAY AND OVERHEAD LIGHTING CONTRACT THIS AGREEMENT made and entered into this the 28th day of September, A. D. 1941, by and between the CITY OF CLERMONT, A municipal corporation organized and existing under the laws of the state of florida, located in Lake County, Florida hereinafter referred to as the "Consumer", party of the first part; and FLORIDA PUBLIC SERVICES COMPANY, a corporation organized and consisting under the laws of the State of Florida, hereinafter referred to as the "Power Company" party of the second part; wherein t is mutally agreed as follows: Whereas, the Power Company owns, operates and maintains all of the lighting fixtures located in the City of Clermont, Lake County, Florida; and also the Power Company is engaged in the business of generating and selling electricity; and, THEREFORE, the Power Company and the Consumer, for and in considerat- ion of the sum of One Dollar ($1.00) in cash by each to the other paid, receipt thereof is hereby acknowledged, and for other valuable considerations which are herein specified, do hereby bind themselves, their successors, legal representatives and assigns, to faithfully perform, fulfill, and carry out all of the several provisions, conditions, and requirements hereinafter contained, namely: The Power Company, in consideration of the payments hereinafter specified to be made by the Consumer, does hereby covenant and agree to furnish electricity for the White Way and Overhead Lighting system operated and main- tained by the Power Company in the City of Clermont; and the Consumer agrees to pay the Power Company for lighting the said White Way and Overhead Lighting systems in accordance with the Schedules of Rates hereto attached and marked, Exhibits "A" and "B", and made a part of this Agreement, for a period of one (1) year from the date of the signing of this instrument. It is further understood and agreed that the term of this contract shall, however, by the force of this Agreement be extended from year to year after the expiration date hereinabove set forth, unless terminated by either of the parties hereto, in which case notice in writing of intention to terminate said Agreement shall be given to the opposite party by the party terminating ninety (90) days prior to the expiration date or of any subsequent annual extensions hereof, whiche- ever shall be applicable. RULES & REGULATIONS It is hereby understood and agreed by and between both parties that the Rules and Regulations of said Power Company, hereto attached, and marked Exhibit "c" shall become a part of this agreement and be binding upon both parties hereto. It is understood and agreed by and between both parties hereto that the Consumer: shall take service for and pay for during the entire life of this contract, not less than 37 - 250 C.P. Lamps and 400 C.P. Lamps to be used in the White Way Lighting System; and not 1e ss than 53 -lOO C. P. Lamps and 250 C . P. Lamps for the Cverhead Street Lighting System, heretofore mentioned. All the lighting units, to-wit: poles, wires, lamps, etc., shall be and remain the property of the said Power Company. The Power Company further agrees to wholly indemnify and save harm- less the said Consumer from and free of all suits, actions, claims, and demands of every kind and nature, which shall or may be caused by the erection, mainte- nance, or use of said lamps, wires, poles, or appurtenances connected therewith. The Power Company shall at all times keep the lighting units used in connection with the lighting system in the City of Clermont in a state of good and sufficient repair, and shall erect and maintain the same in such manner as to interfere with or damage public property in said City of Clermont as little as possible. IN WITNESS WHEREOF, the party of the first part has caused this Agreement to be signed by its Mayor, attested by its Clerk, and its corporate seal to be hereunto affixed; and the party of the second part has caused this agreement to be signed by its Vice President, attested by its Assistant Secre- tay, and its corporate seal to be hereunto affixed, the day and year first above written. Attest: Clerk City of Clermont By Mayor Attest: Assistant Secretary FLORIDA PUBLIC SERVICE COMPANY By Vice President SCHEDULE White Way Lighting Service Exhibit "A" CHARACTER OF SERVICE: This Schedule is applicable for municipal White Way lighting upon execution of a contract for a term of years with the Company for a specified and agreed number of White Way lights to be supplied from a constant current White Way lighting system owned and operated at present by the Company in accordance with the standard practices and regulations of the Company. Lamps furnished and operated under this Schedule shall burn under normal conditions each and every night continuously from dusk to dawn, same being that period of time commencing approximately fifteen minutes after sundown and ending approximately fifteen minutes before sunrise. RATES: Annual Charges for Services Rendered by and through the Ornamental.System: Mileage Cable Charge - First mile of electric cable or any portion thereof ... $240.00 per mile per year. All miles of electric cable in excess of first mile ... $200.00 per mile per year. Lamp Charge - 250 C. P. Lamps $29.00 per lamp per year 400 C. P. Lamps $38.00 per lamp per year It is.understood and agreed by and between the parties that the above mileage charge is in addition to the Lamp Charge. The above specified rates are available upon the execution of this contract, and thereupon are subject to ten (10) percent discount. The above specified rates are based upon the present existing Federal, State, County, and Municipal taxes and all other taxes. Should there be any increase in such existing taxes, or additional taxes levied, the above specified rates will be increased in proportion to the increased cost caused by such taxes, to compensate the Power Company for such increased cost; and in the event the Power Company is prohibited by law from increasing the rates specified above, to compensate the Company for any loss by reason of the additional taxes levied, the Company shall have the option to terminate this contract upon ten (10) days written notice to the Municipality. It is hereby agreed that no lamps shall be operated or used with a rating of less than 250 C. P., as specified in the contract. SPECIAL REGUIATIONS; During the term of contract under this Schedule the Company will ereet upon White Way lighting circuits now in use such additional lamp posts of the type for which the above specified rates are quoted, as the municipality may from time to time direct. Provided, howewer, that the Company shall not be required to furnish any additional lamp posts within two years of the expiration date of the contract under which the lamps are to be used. It is further provided that no additional lamp posts shall be placed more than 100 feet from any other lamp post specified under the contract. It is further provided that the Company, for such installation, reserves the right to make and assess a charge for such service, the amount of which is to be agreed upon between the parties before installation. The Company will at its ovm 0xpensc during the life of the contract maintain the required posts, cables, lamps, and fixtures, as may be necessary to furnish the lights specified under the contract. In the event that any of the lamps specified in the contract fail to operate or burn properly, the Company agrees to have said lamps re- placed and/or repaired and burning in a proper condition within a reasonable length of time after receiving, at the Company's office, a written notice of such fact. The Company shall not be held liable in damages for any failure to supply White Way lighting; due to strikes, acts of God or accidents beyond tho Company's control. The candle powler of the lamps specified in this Schedule is the commercial rating of the lamps to be furnished, and if the Company shall supply the said Imnps at all times during the lighting hours with the elec- trical energy with which these lamps are designed to operate such supply shall be a fulfillment of the contracts under this Schedule. LAMP RENEWALS: The Company shall furnish all lamps under this Schedule, TERMS OF PAYMENT: Bills under this Schedule shall be rendered monthly at one- twelfth of the rate per year and shall be due and payable within ten (10) days after rendition of bill. SCHEDULE Exhibit; "B" Overhead street Lighting Service CHARACTER OF SERVICE: This schedule is applicaple for municipal street lighting upon execution of a contract for a term of years with the Company for a speci- fied and agreed number of street lights to be supplied from a constant cur- rent street lighting system owned and operated at present by the Company in accordance with the standard practices and regulations of the Company. Lamps furnished and operated under this Schedule shall burn under normal conditions each and every night continuosly from dusk to dawn, same being that period of time commencing approximately fifteen minutes after sundown.and ending approximately fifteen minutes before sunrise. RATE: Annual Charges - Mileage Charge - First Circuit Mile of electric lines, or any portion thereof ..... $130.00 per mile per year. All Circuit miles of electric lines in excess . of the First Mile ... $90.00 per mile per year. Lamp Charge 100 C. P. Lamps ..... $10.00 per lamp per year. 250 C. P. Lamps ..... $20.00 per lamp per year. It is understood and agreed between the parties that the above mileage charge is in addition to the lamp charge. Additional Pole Charge - Where it is necessary to place additional poles for street lights, an extra charge will bo made of ......... $3.25 per pole per year. The above specified rates are available upon execution of this contract, and thereupon subject to a 10% discount. The above specified rates are based upon the present exist- ing Federal, State, County, and Municipal taxes and all other taxes. Should there be any increase in such existing taxes, or additional taxes levied, the above specified rates. will be increased in proportion to the increased cost caused by such taxes, to compensate the Power Company for such increas- ed cost; and in the event the Power Company is prohibited by law from in- creasing the rates specified above, to. compensate the Company for any loss by reason of the additional taxes levied, the Company shall hawe the option to terminate this contract upon ten (10) days written notice to the Munici- pality. SPECIAL REGULATIONS: As the rate specified in this Schedule is applicable only to street lighting facilities owned by the Company at the time of the execu- tion of the contract, any additional street lighting circuits, fixtures, and/or lamps which may be required by the Municipality shall be furnished by the Company after reasonable notice, and uporn payment by the MUnicipali- ty of 50 percent of the expense the Company is put to in purchasing or acquiring the necessary equipment and installing such additional street lighting circuits, fixtures, and/or lamps. Should the Municipality require such additional street lighting circuits, fixtures, and/or lamps, the Municipality shall give the Company written notice for Such facilities, and shall agree to pay the Com- pany the amount heretofore specified, but the Company shall not be required to furnish any such additional facilities within one year of the expiration date of the contract. It is further provided that additional lamps shall not be placed more than 400 feet apart. The Company will at its own expense during the life of the contract maintain the required poles, lines, lamps and fixtures as may be necessary to furnish the lights specified under the contract. In the event that any of the lamps specified in the contract fail to operate or burn properly, the Company agrees to have said lamps re- placed and/or repaired and burning in a proper condition within a reasonable length of time after receiving at the Company's office a written notice of such fact. The Company shall not be held liable in damages for any failure to supply street. lighting due to strikes, acts of God or accidents beyond the Company's control. The candle power of the lamps specified in this schedule is the corrmercial rating of the lamps to be furnished, and if the Company shall sup- ply the said lamps at all times during the lighting hours with the electrical energy with which these lamps are designed to operate such supply shall be a fulfillment of the contracts under this Schedule. LAMP RENEWALS: The Company shall furnish all lamps under this schedule. TERMS OF PAYMENT: Bills under this Schedule shall be rendered monthly at one- twelfth of the rate per year.and shall be due and payable within ten (10) days after rendition of bill. FLORIDA PUBLIC SERVICE COMPANY Exhibit "C" GENERAL RULElS AND REGULATIONS ELECTRIC (I)-APPLICATION AND CONTRACT A written application is required from each Consumer, which when accepted by an officer or the General Manager of Com- pany, shall constitute the contract between Consumer and Company, and no agent has power to modify, alter, or waive any of its conditions. Such application, when accepted, shall bind and inure to the benefit of the heirs, executors, administrators, successors or assigns, as the case may be, of the respective parties thereto, but neither Consumer nor Consumer's assigns shall assign any rights thereunder without the written consent of Company. Forms of the application, together with the schedule of rates, rules and regulations, will be furnished upon application at Company's office and Consumer shall select a service classification upon which Consumer's application will be based. Con- sumer shall give written notice of intended removal from the premises. In the event service is supplied by Company to any Consumer who has not signed Company's standard application or contract as hereinbefore mentioned, then in consideration of Company's supplying service, Consumer shall be bound in all respects to the same extent as if standard application or contract had been signed. (2)-DEPOSIT, LOAN AND GUARANTEE Company may at any time require a sufficient deposit by Consumer to guarantee the payment of bills for service rendered under the contract. Deposits will be refunded upon payment of final bill for service. Company reserves the right to make a minimum charge of .$,5.00 for the contract period. When warranted by other than ordinary circumstances Company may require a loan from Consumer to apply to the cost of providing facilities to Consumer. (3)-CONSUMER'S WIRING AND EQUIPMENT Consumer shall notify Company in writing before purchasing or contracting for any electrical equipment or apparatus to be connected to the lines of Company, in order that Company may advise the character of service available, the point of delivery, and the location of the meter. Consumer shall indicate, in application for service, the capacity of installation to be served and Company will, from time to time, inspect Consumer's installation to ascertain the specified capacity and determine the demand for billing purposes. The specified capacity for billing purposes in no event to be less than the specified capacity set forth in application. There shall be no obligation on the part of Company either to connect or remain connected with any Consumer's wiring when the installation is not made and maintained in accordance with the provisions of the National Electric Code and Com- pany's requirements or when the certificate of the Underwriters or the local inspection bureau has not been issued. Motors rated at one-half (%) horsepower or less, will be served single phase at either 110 or 220 volts. Motors rated above one-half (%) horsepower and not exceeding five (5) horsepower, will be served single phase at 220 volts. In case of motors rated in excess of five (5) horsepower and installation of several small motors with a total connected load in excess of five (5) horsepower, information as to the character of service available will be furnished upon application. The Company must be consulted on all installations of motors 25 horsepower and above. All motors larger than five (5) horsepower shall be equipped with over-load and no-voltage release. 220 volt motors must have fusible knife switch enclosed in steel box on line side of compensator. 2300 or 4600 volt motors must have three pole oil switch on line side of compensator, Motors frequently started or motors arranged for automatic control shall be of a type to give maximum starting torque with minimum current, and shall be equipped with controlling devices approved by Company. Consumer shall select all motors and electrical apparatus with reference to securing the highest feasible power factor at all loads. When regulators or extra transformers are required for regulating or changing the secondary voltage furnished by the power transformers in order to make the service satisfactory for lighting and other special purposes, this special apparatus shall be furnished, installed and maintained by Consumer. Company will not be responsible for the voltage regulation of mixed light and power installations. Where the use of electricity is intermittent and subject to violent fluctuations as in the case of welding machines, x-ray machines, hoists and similar apparatus and where such intermittent operation or fluctuation interferes with the service of the Company to its consumers, the Company shall require the Consumer to provide at his expense suitable apparatus to reas- onably limit such intermittence or fluctuation. (4)-CHANGES IN CONSUMERS WIRING AND EQUIPMENT No change or increase shall be made in Consumer's wiring or equipment without previous written notice to, and written consent by Company. Consumer's notice to Company shall specify the kind, type and capacity of equipment to be installed and the date on which service is desired for said equipment. The Company's service wires, transformers, meters and other devices used to supply electricity to Consumer's installation have each a definite capa-city and no addition to consumer's installation connected thereto will be permitted until Consumer has secured Company's written consent. A violation of this rule makes consumer liable for any damage therefrom. (5)-ACCESS TO CONSUMER'S PREMISES Company's authorized agents or employees shall have access at reasonable times to all electrical wiring and equipment installed on Consumer's premises. (G)-LIABILITY OF CONSUMER Company will not be responsible for any damages done to or injury sustained by Consumer for or on account of the installation of Consumer's wiring and equipment, or the wiring and equipment of others on Consumer's premises. Company will not be responsible for the use, care or handling of the electricity delivered to Consumer after the same passes from Com- pany's wires to Consumer's wires, or through the divisional switch separating Consumer's wires and equipment from Com- pany's wires and equipment. Consumer shall not interfere with or alter Company's meters or other property, or permit same to be done by anyone other than Company's authorized agents or employees. Damage caused by Consumer to Company's property shall be paid for by Consumer. (7)-INTERRUPTION TO SERVICE Company does not guarantee a cop.stant supply. of electricity and will not be liable for damages to Consumer for failur!! to supply electricity to Consumer's premises. FLORIDA PUBLIC SERVICE COMPANY GENERAL RULES AND REGULATIONS-Continued (8)-CAUSE FOR DISCONTINUANCE OF SERVICE Company reserves the right to discontinue service and disconnect its lines and remove its property for any of the follow- ing reasons: 1st, for. repairs; 2nd, for violation of any of the conditions of the contract; 3rd, if Consumer's use of service is detrimental to other service; 4th, if Consumer's service conflicts with orders, ordinances or laws of the constituted authori- ties; 5th, if Consumer's property is attached, levied upon, or sold or Consumer is otherwise dispossessed. In case service is discontinued on account of violation of any of the conditions of the contract, service will be reconnected upon such default being remedied and Company reserves the right to require payment of an amount sufficient to cover the cost or disconnecting and' reconnecting service. In the event of Consumer's plant being shut down on acccount of strike, fire, or lockout, thus making a complete cessa- tion of operations unavoidable, the minimum charge or guarantee will be waived during such period, provided however, that the term of the contract shall be extended for a corresponding period. Should Company, through any act or negligence of Consumer, be prevented from supplying electricity through the entire term of the contract, there shall then become due and payable to Company, in lieu of the returns from such supply during the unexpired term of the contract, as liquidated damages and not as penalty, a further sum equal to the monthly minimum charge thereunder multiplied by the number of months remaining in the unexpired portion of said fixed term. (9)-RESALE OF ELECTRICITY Consumer shall not directly or indirectly, sell, or otherwise dispose of the electricity or any part thereof without written consent of Company. (10)-NON-REGISTRATION OF METER When, during any period, a meter fails to correctly register the amount of electricity consumed, the amount of the bill will be estimated by averaging the amount for periods immediately preceding and subsequent to such defective registration by the meter. (H)-FOREIGN ELECTRICITY No other source of supply of power or electricity shall be introduced or used by Consumer in conjunction with Company's service without written consent of Company. (12)-METERS Consumer shall provide all necessary wiring and protective devices, except that watt-hour meter, which shall be installed by Company. A meter board of soft wood not less than 18" x 12" x 1" shall be provided for each installation of a single meter, and an additional width of 12" provided for each additional meter. The meter board must be vertical and securely fastened at the four corners to substantial and rigid supports. Meters for residences shall be installed outdoors and shall be located on the building in a place where they will be pro- tected from mechanical injury. Meter enclosures shall be securely mounted in a plumb and level position on a solid wall or structure. The top of the meter shall not be more than 6 feet or less than 4 feet from the ground. The Company furnishes the Consumer without cost meter sockets, meter boxes or other equipment directly connected with the housing and protection of meters and these remain the property of the Company. Service switches above referred to shall be supplied and installed by Consumer, and must be of the knife-blade type, either two or three pole as the nature of the service may require. All such service switches must be fused with "National Electrical Code Standard" fuses and must be of the Universal and Standardized types, Switches to contain a meter loop of not less than 36. inches of wire, and in case of three-wire, single phase installations, the neutral wire should be carried straight through with a tap for potential connection, and the outside wires left in loops as indicated above. Wiring in all buildings must be so arranged that the meter can be set in a dry place, in such a location that it is easily accessible for reading and testing, between 5 and 7 feet above the floor, and as near as possible to the main switch. The main switch, cut out and meter loops must always be located in the premises served. In a building such as an apart- ment house, requiring more than one meter, all meters must be located in one place. In double houses separate service wires, meter loops, etc., must be provided for each house. On installation of more than one meter, each meter switch is to be neatly marked to indicate the apartment or location served. These rules and regulations shall apply also to all services to be supplied from the lines of Company even though such service is outside the limits of the city. (13)-BILLS Company will endeavor to deliver to Consumer, periodically, by mail or messenger, a statement of the amount due Com- pany under the contract. Unless otherwise specified, all bills are net and are payable at the office of Company between the hours of 8:00 A. M. and 5:00 P. M. within ten (10) days from the date rendered, Failure to receive bill will not entitle Con- sumer to any delay in the payment thereof. (14)-RIGHTS Company shall not be obligated to render service to Consumer until satisfactory rights to install, operate and maintain Company's lines and equipment have been obtained. Consumer shall grant Company a right of way for lines, poles and structures across and/or along property owned or con- trolled by Consumer. When necessary, in the opinion of Company, Consumer shall furnish a fireproof structure of size, type and location satis- factory to Company, for meters, transformers and other apparatus necessary for supplying service. (15)-RULES ON FILE These Rules and Regulations are obtainable at the offices of the Company and are a part of the schedule of rates of the Company. Service under all rate schedules is subject to the Company's General Rules and Regulations now or hereafter on file in the Company's office.