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HomeMy WebLinkAboutOrdinance No. 2026-028 �R CITY OF CLERMONT ORDINANCE NO_2026-028 AN ORDINANCE GRANTING TO DUKE ENERGY FLORIDA"LLC d/b/a DUKE ENERGY, NON-EXCLUSIVE RIGHTS OF WAY UTILIZATION FRANCHISE, PRESCRIBING THE TERMS AND CONDITIONS RELATED TO THE OCCUPANCY OF MUNICIPAL STREETS AND RIGHTS OF WAY IN THE CITY OF CLERMONT, THE PURPOSE OF PROVIDING ELECTRIC SERVICE; PROVIDING FOR SEVERABILITY OF PROVISIONS, AND PROVH)ING AN EFFECTIVE DATE_ BE IT ORDAINED BY THE CITY COUNCIL OF CLERMONT�FLORIDAa SECTION 1 —FINDINGS The City of Clermont, Florida ("City" c r "Grantor") deems it necessary, desirable and in the interest of its citizens to establish by ordinance a rights of way utilization franchise (sometimes referred to herein as the "Franchise") granting Duke Energy Florida, 1-LC d/b/a Duke Energy ("Company"or"Grantee")permission to occupy the Rights of Way in the City for the purpose of providing electric services_ SECTION 2 -SHORT TITLE This Ordinance shall be known and may be cited as the"Duke Energy Rights of Way Utilization Franchise"_ SECTION 3—DEFINITIONS For the purposes of this Ordinance,the following terms,phrases,words,and their derivatives shall have the meaning given herein_ When not inconsistent with the context,words in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number_ The word"shall"is always mandatory and not merely permissive_ (A) "Adversely Affected"—For Company,a loss of one percent(1%)of Base Revenues within the corporate City limits due to Retail Wheeling_ For the City, a loss of one percent (I IN.) of Franchise Fees due to Retail Wheeling_ (B) "Base Revenues" —All of Company's revenues from the retail sale of electricity, net of customer credits, to residential, commercial and industrial customers and City sponsored street lighting, all within the corporate limits of the city- (MI "Electric Energy Provider" — Every legal entity c r association of any kind (including their lessees, trustees c r receivers), including any unit of state, federal c r local government (including City herein), which owns, maintains, or operates an electric generation, transmission, or distribution system or facilities, or which otherwise provides, arranges for, c r supplies electricity c r electric energy to the public, or which supplies electricity to itself utilizing • CITY OF CLERMONT C h ORDINANCE NO. 2026-028 Company's distribution or other facilities. Without limitation of the foregoing, "Electric Energy Provider" shall also include every Electric Utility, electric power marketer or electric power aggregator. It shall also include every entity providing such services as metering,customer billing, payment collection and processing, and customer information and data processing. (D) "Electric Utility"— Shall have the meaning set out in Section 366.02(4),Florida Statutes (2025), and shall also include every electric"Public Utility"as defined in Section 366.02(8),Florida Statutes (2025). "Electric Utility" shall further include every investor owned, municipally or governmentally owned, or cooperatively owned electric utility(including their lessees, trustees or receivers), which owns,maintains, or operates an electric generation, transmission, or distribution system in any State or County. (E) `Electric Utility System"—An electric power system installed and operated in the Franchise Area in accordance with the provisions of the Florida Public Service Commission establishing technical standards,service areas,tariffs and operating standards,which shall include, but not be limited to, electric light, heat, power and energy facilities, and a generation, transmission, and distribution system, with such extensions thereof and additions hereto as shall hereafter be made. (F) "Franchise Area" — That area for which Company provides electric utility service within the corporate City limits of the City. (G) "Franchise Fees"—Shall have the meaning set forth in Section 6 of this Ordinance. (H) "Facilities"—Conduits,cables,poles,wires, street lighting, supports and such other structures, appurtenances or accessories as may be reasonably necessary for the construction, maintenance and operation of an electric generation, transmission and distribution system, including information,telecommunication,and video transmission used solely for the provision of electric service. (I) "Ordinance" — The ordinance titled and described in the preamble herein and ordained by the City Council of Clermont, Florida. (J) "Person" — Any person, firm, partnership, association, corporation, company or organization of any kind. (K) "Public Service Commission"—The Florida Public Service Commission. (L) "Rights of Way" — All of the public streets, alleys, highways, waterways, easements, bridges, sidewalks and parks, and any other public ways or places owned by the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added, consolidated or annexed to the City. C� CITY OF CLERMONT ORDINANCE NO. 2026-028 (M) "Retail Wheeling"—A customer/supplier arrangement whereby an Electric Energy Provider utilizes transmission and/or distribution facilities of Company to make energy sales directly to an end use customer located within the Franchise Area. SECTION 4 - GRANT OF AUTHORITY (A) This grant of authority is limited to the provision by Company to have, maintain, or place its Facilities within the Rights of Way for its electric utility services. Accordingly, City hereby grants to the Company, its successors and assigns the non-exclusive right, authority, and franchise to lay, erect, construct, maintain, repair, and operate its Facilities in, under, upon, over and across the present and future Rights of Way,as they now exist or may be hereafter constructed, opened, laid out, or extended within the present and future limits of the City, provided that all portions of the same shall conform to accepted industry standards,including but not limited to,the National Electrical Safety Code. Grantor and Grantee agree to work together to identify underground conversion projects as part of the annual planning process for Grantor's capital improvement projects. In that regard the parties agree to work in good faith toward executing a Memorandum of Understanding to facilitate their shared mutual interest in working collaboratively on (1) undergroundingplans and decisions particularly with respect to any areas designated for use as trail systems,• (2)reliability,particularly in the downtown area, and(3) solar streetlightin& Notwithstanding the above, nothing in this Ordinance shall require Grantee to remove, de- energize, or cease using any poles, wires, or other things or Facilities identified hereinabove that were in place under previous ordinances or permits prior to the Effective Date (as defined in Section 5)of this Ordinance,regardless of whether such poles,wires or other Facilities are located outside"Rights of Way"as defined herein.Nor shall anything in this Ordinance prohibit Company from performing upgrades, replacements, maintenance or servicing of such poles, wires, or other Facilities after the Effective Date of this Ordinance. Rather, all such preexisting poles, wires, or other Facilities shall be authorized under this Ordinance. Because this Franchise is intended to grant Company the unrestricted right to place its Facilities within the Rights of Way, the City expressly acknowledges and agrees that Company shall not be required to apply for,obtain, or pay for permits to construct, operate, maintain, or remove its Facilities within the Rights of Way. (B) Annexation or Contraction. City represents that as of the date of the adoption of this Ordinance, it has provided Company with accurate information for all residential,commercial and industrial customers and City sponsored street lighting that are within the Franchise Area. Company shall be responsible for remitting the Franchise Fee only to service and billing addresses identified as being within the Franchise Area as of the date of this Ordinance. However, City and Company agree that the Franchise Area is subject to expansion or reduction by annexation and contraction of municipal boundaries. If City approves any Franchise Area expansion or reduction by annexation or contraction, City shall provide written notice to Company's Annexation Coordinator, at the address provided below, within ninety (90) days of such approval, and this Franchise shall automatically extend to include any such annexed areas. Additionally, within ninety (90) days of any such annexation or contraction, City shall use best efforts to provide to Company an updated list containing the new or removed street names,known street name aliases, street addresses, street address number ranges, applicable directional and zip C CITY OF CLERMONT 7- NT ORDINANCE NO. 2026-028 codes associated with each street name, all zip codes assigned to geographic areas located entirely within the City(including zip codes assigned to post office boxes), and all post office box number ranges and the city names and zip codes associated therewith.For a range of street address numbers located within City which consists only of odd or even street numbers,the list must specify whether the street numbers in the range are odd or even. Company shall be responsible for remitting the Franchise Fee to service and billing addresses within the Franchise Area. Lists containing required elements shall be provided by email; except that if a list is available on another medium, City shall,upon request, furnish the list on such medium in addition to, or in lieu of, the emailed list. The municipality shall be responsible for updating the lists as changes occur and for furnishing this information to Company. All notices of annexation or contraction and address listings shall be addressed to the Annexation Coordinator as follows, with the address subject to change: Duke Energy Tax Team DT02-V 9642 David Taylor Drive Charlotte,NC 28262 And by email to: TaxTeamAduke-energy com Company must revise its payments due to any annexation or contraction within a reasonable time after Company has received such notice and updated list from City, but no later than sixty (60) days after receipt of notice and the list. City understands and affirmatively acknowledges that Company will exclusively rely upon City to provide timely and accurate information to Company regarding any such annexations or contractions,and that failure to do so will impair,inhibit,and/or preclude Company's ability to revise any payments due to the City that are impacted by such annexations or contractions. Further, City acknowledges that if such information is not timely furnished to Company as required herein, any related obligation to collect payments shall be suspended during the period of delay. (C) Use of the Rights of Way. Company's right to use and occupy Rights of Way for the purposes set forth herein shall be non-exclusive, and City reserves the right to grant the right to utilize the Rights of Way to any person at any time during the period of this Franchise so long as such grant does not create an unsafe condition or unreasonably conflict with the rights granted to Company herein. In addition to any other rights and/or remedies Company may have under this Ordinance or at law or in equity, should City permit an Electric Utility other than Company to use and occupy the Rights of Way for the provision of electric energy service, City agrees that Company may seek injunctive relief. (D) The parties acknowledge certain areas within the incorporated areas of the City are provided electric service by Sumter Electric Cooperative ("SECO"). The Parties further acknowledge certain areas in the surrounding unincorporated area of Lake County which are currently being served by SECO may be annexed into the corporate limits of the City. Nothing in this Ordinance is intended nor shall be construed to interfere with or disallow SECO from R' CITY OF CLERMONT C NT �� ORDINANCE N0. 2026-028 providing such electrical service within those areas currently being served by SECO or using the Rights of Way for such purpose. SECTION 5-NOTICE OF ACCEPTANCE AND TERM OF FRANCHISE (A) This Ordinance shall become effective upon being legally passed and adopted ("Effective Date") by the City Commission; and it is further agreed that Grantee shall accept this Franchise as of the date of the passage and adoption by the City Commission and shall signify its acceptance in writing within thirty (30) days after the City Commission's approval of this Ordinance by filing its written acceptance with the City Clerk. If Grantee fails to accept this Franchise within thirty (30) days of its date of passage and adoption, then this Ordinance shall be null and void, and of no force and effect of any kind. (B) Commencing on the Effective Date, the term of the Franchise granted herein shall be for a period of ten (10) years. Thereafter, the Franchise granted by this Ordinance will renew automatically for up to two (2) successive five (5)-year periods, unless either party provides the other with written notice of its intent to forego automatic renewal at least twelve(12)months prior to the date of the automatic renewal. SECTION 6- PAYMENT TO CITY (A) Effective the first day of the second month beginning after the Effective Date of this Ordinance, City shall be entitled to receive from Company a monthly franchise amount that will equal six percent(6%) of Company's Base Revenues (the"Franchise Fee") for the preceding month,which amount shall be the total compensation due City for any and all rights,authority and privileges granted by this Franchise, including compensation for any required permits, parking fees, or any other fee or cost related to the rights granted hereunder. Any Franchise Fees that will be paid to the City will be collected by the Company from Company's customers in the Franchise Area and paid to the City in the manner described herein. The City expressly acknowledges that no additional or other (B ) Payment shall be made to City for each month no later than the twentieth(20`')day of the following month. The monthly payment shall be made by wire transfer. Any monthly payment or any portion thereof made twenty (20) days after the due date without good cause shall be subject to interest at the rate of ten percent (10%)per annum. (C) City acknowledges that all classifications and categories of retail customers of Company shall be subject to the payment of the Franchise Fee due hereunder. SECTION 7 -FAVORED NATIONS (A) In the event Grantee shall hereafter accept an electric utility franchise ordinance from any municipality providing for the payment of a franchise fee in excess of that provided for in Section 6 above, Grantee shall notify Grantor, and Grantor reserves the right to amend this Franchise to increase the Franchise Fee payable under this Ordinance to no more than the greater d NT CITY OF CLERMONT f _Ct c ORDINANCE NO. 2026-028 franchise fee that Grantee has agreed to pay to such other municipality. Grantee's obligation to pay such greater franchise fee to Grantor shall apply prospectively beginning with the next monthly Franchise Fee payment following Grantor's timely notice of its exercise of its amendment right to which Grantee may collect such increased franchise fee from its customers. Grantee's failure to notify Grantor of such additional payments does not limit Grantor's right to amend to require such additional franchise fees. (B) In all events, City shall not grant more favorable treatment to other Electric Energy Providers than is granted to Company under this Ordinance; it being the intent of the parties that no future provider of electric service, be it generation, transmission or distribution service, to customers within the corporate limits of City shall be given a competitive advantage over Company. In the event applicable laws change to expressly prohibit Company from being the sole Electric Utility allowed to use and occupy the Rights of Way, and if Grantor imposes a lesser fee, no fee, or is unable to impose a fee on another Electric Utility or Electric Energy Provider providing or seeking to provide services in competition with Grantee to customers within Grantor's municipal boundaries,whether utilizing Grantor's Rights of Way or not utilizing Grantor's Rights of Way, Grantee's Franchise Fee under Section 6 for such services shall be automatically reduced to the lesser fee charged the other Electric Utility or Electric Energy Provider(or to zero(0), if no fee is charged such other Electric Utility or Electric Energy Provider). SECTION 8- GRANTOR RIGHTS The right is hereby reserved to City to adopt such regulations as it shall find necessary in the exercise of its police power, provided that such regulations, by ordinance or otherwise, shall be reasonable, shall not be in conflict with the laws of the State of Florida or the lawful regulations of any state agency possessing the power to regulate the activities of Company, and shall not conflict with or otherwise interfere with the benefits conferred on Company hereunder. In the event of a conflict between this Ordinance and any other ordinance or regulation adopted by the City or actions (or inactions) of City relating to Company's rights to perform work in and/or occupancy of the Rights of Way as permitted hereunder, the rights under this Ordinance shall govern and control. In the event of such conflict, City and Company agree to work together in good faith to address and resolve such conflict;provided,however,that Company shall be permitted to continue to exercise the rights granted herein during the resolution of any conflict. SECTION 9-WORK IN RIGHTS OF WAY (A)Company is hereby granted the right, authority, and privilege to perform all necessary work and excavations in said Rights of Way of the City related to its Facilities and necessary or incidental to carrying out such rights and obligations as permitted hereunder. Company shall have the right to fasten, stretch, and lay along the lines of said poles, conduits, pipes, and cables necessary for transmitting and conveying the electric current to be used in Company's business, together with all the rights and privileges necessary or convenient for the full use including the right to trim, cut, remove and keep clear all trees and limbs near or along Company's Facilities that may in any way endanger the proper operation or access of same. Moreover, Company shall have the right to construct,erect,operate and maintain within the City an electric system consisting of its Facilities for carrying on Company's business; provided that, in accomplishing these C CITY OF CLERMONT C M �„���,C,- ORDINANCE N0. 2026-028 purposes,the streets of said City shall not be unnecessarily obstructed for an unreasonable amount of time and work in connection therewith shall be done and carried on in conformity with such reasonable rules, standards, regulations and local ordinances with reference thereto as may be adopted by the City for the protection of the public and which are not in conflict with or otherwise interfere with the benefits conferred on Company hereunder. (B) In an effort to promote the highest quality working relationship, the Parties agree that the following steps will be responsively and openly pursued in an effort to resolve any dispute under or arising out of Sections 4(A), 8 and/or 9(A), before resorting to any formal enforcement of this Ordinance (including litigation). Should the City and the Company disagree regarding an issue arising from the City's rule, standard, regulation or local ordinances, damages owed, and/or any other aspect of the Company's work within the City Rights of Way ("Dispute"), all Disputes will be made by written notice to the other Party (the "Dispute Engagement Notice"). Promptly after receipt of the Dispute Engagement Notice, both Parties shall discuss the issues, present reasonably requested documentation and attempt to reach a resolution or settlement that is agreeable to both Parties.As part of the Dispute Engagement Notice,the Party initiating the dispute resolution process will submit a summary of the issues, the requesting Parry's position and a summary of the evidence and arguments supporting its position. If the Dispute involves a claim of damages owed, the Dispute Engagement Notice will contain the nature of the damages sought, the alleged cause of the damage, photographs and/or any supporting documentation related to the alleged cause of the damage, support for the alleged damages owed including but not limited to invoices for payments made or work performed. If the Dispute has not been resolved by the Parties within fifteen (15) Business Days after receipt of the Dispute Engagement Notice, or such later date as the Parties may agree in writing to permit all requested facts to be known and presented, the Dispute shall be escalated to the City Manager and the Vice President —Zone Operations or such other executive within the Company who has authority to resolve the Dispute and who are at a higher level of management than the Parties' representatives who were initially attempting to resolve the dispute. If the Dispute cannot be resolved within fifteen (15) Business Days after referral of the Dispute, or such other period agreed to by the Parties in writing, then either Party may pursue any rights or remedies available to it under this Ordinance. With respect to Duke Energy distribution poles located in the Ci 's rights-of-way, Duke agrees that it will not charge the City of Clermont for distribution pole stabilization expenses incurred by Duke in connection with maintenance or improvement activity performed by the City, not to exceed eight (8)hours in any one calendar day. The City agrees es to provide written notice including the street address and pole number of the pole to be stabilized at least seven(7)business days to the Duke Energy Large Account Manager before commencement of City's the maintenance or improvement activity, unless pole stabilization is required due to an emergency and/or emergent work in which case the City shall provide at least twen , -four(24)hours of advance written notice. CAR' M CITY OFCLERMONT ORDINANCE NO. 2026-028 The City shall provide Duke with the name phone number and email address of the person within the City who will be coordinating related to pole stabilization activities. SECTION 10-INDEMNIFICATION (A) The acceptance of this Franchise by Company shall be deemed an agreement on the part of Company to indemnify City and hold it harmless from and against any and all direct damages,claims,expenses,reasonable attorneys' fees(including appellate fees)and costs incurred by the City arising out of the death of or bodily injury to any person, or the destruction of or damage to any property and caused by the negligence or willful misconduct of Company, its contractors and agents in the construction, repair, operation, or maintenance of its electric utility Facilities hereunder. Company shall not be required to indemnify and hold harmless City for any damages, claims, expenses, reasonable attorneys' fees and costs arising out of or resulting from the negligence or willful misconduct of City, its employees, contractors and/or agents. In no event shall Company be liable to City for any consequential, incidental, punitive, exemplary, multiple, or indirect damages, lost profits or other business interruption damages, by statute, in tort (including negligence or strict liability), in contract, or under any indemnity provision or otherwise. (B) Company shall maintain throughout the term of this Franchise self-insurance insuring City and Company with regard to all damages set forth in Section 10(A)in the minimum amounts of: (i) $1,000,000 for bodily injury or death to a person; $3,000,000 for bodily injury or death resulting from any one accident; (ii) $500,000 for property damage resulting from any one accident; and (iii) $1,000,000 for all other types of liability. (C) City acknowledges that Company provides its own liability insurance (self- insured). SECTION 11 -RECORDS AND REPORTS (A) Company Rules and Regulations. The following documents shall be available to City upon City's reasonable request: copies of rules, regulations, and procedures adopted by Company that relate to Company's use of City's Rights of Way. (B) Accounting. Company shall use the system of accounts and the form of books, accounts, records, and memoranda prescribed by the Florida Public Service Commission or such other applicable governing agency having jurisdiction over Company, as determined by Company. (C) Reports. Company will submit monthly a statement of its estimated Base Revenues for the period on which such payment is based. The acceptance of any statement or payment shall not prevent the City from asserting that the amount paid is not the amount due, or from recovering R' CITY OF CLERMONT LE dC,� ORDINANCE NO. 2026-028 any deficit by any lawful proceeding, including interest to be applied at the rate set forth in Section 6 (A). (D) Availability of Records and Reports. Company shall supply information that City or its representatives may from time to time reasonably request relative to the calculation of Franchise Fees,subject to Company's obligation to keep certain records confidential. Such records shall, on written request of City, be open for examination and audit by City and City's representatives at Company's headquarters in St. Petersburg, Florida, during ordinary business hours and such records shall be retained by Company for a period of three (3)years. (E) Audit. City may require an audit of Company's books related to this Ordinance upon prior written notice and during Company's normal business hours not more than once every three (3) years and then only for the preceding three (3) years. Company will reimburse City's audit costs if the audit identifies errors in Company's Franchise Base Revenues of five percent (5%) or more for the period audited. If an underpayment of Franchise Fees has occurred due to Company's error, interest will be calculated at the rate of ten percent (10%) per annum. Both the underpayment and interest shall be paid within ninety(90) days from completion of the audit. (F) Customer Report. In addition to City's obligations in Section 4(B), within ninety (90) days of the Effective Date of this Ordinance, City shall provide to Company a report in a format acceptable to Company setting forth a list containing the new or removed street names, known street name aliases, street addresses, street address number ranges, and applicable directional and zip codes associated with each street name. City shall annually thereafter provide a report identifying any changes to the address listing provided the previous year. For a range of street address numbers located within City which consists only of odd or even street numbers, the list must specify whether the street numbers in the range are odd or even. SECTION 12 -RETAIL WHEELING In the event the appropriate governmental authorities authorize Retail Wheeling,then either party, if Adversely Affected thereby, may reopen this Ordinance upon thirty (30) days written notice to the other for the sole purpose of addressing the Franchise Fee payments between Company and City. If the parries are unable to agree within ninety (90) days of reopening, either party may declare an impasse and may file an action in the Circuit Court in Lake County, Florida for declaratory relief as to the proper Franchise Fee in light of Retail Wheeling. SECTION 13— SEVERABILITY Should any section or provision of this Ordinance or any portion thereof, the deletion of which would not adversely affect the receipt of any material benefits or, substantially increase the burden of any party hereunder,be declared by a court of competent jurisdiction to be invalid,such decision shall not affect the validity of the remainder, as a whole or any part thereof, other than the part declared to be invalid. In the event of any such partial invalidity, City and Company shall meet and negotiate in good faith to obtain a replacement provision that is in compliance with the judicial authority's decision. CLE CITY OF CLERMONT C,,—d� ORDINANCE N0. 2026-028 SECTION 14 - GOVERNING LAW AND VENUE (A) This Ordinance shall be construed and interpreted according to the laws of the State of Florida. (B) In the event that any legal proceeding is brought to enforce the terms of this Ordinance, the same shall be brought in the appropriate state court in Lake County, Florida, or, if a federal claim, in the U.S. District Court in and for the Middle District of Florida, Orlando Division. SECTION 15—MERGER This Ordinance is the full, complete and entire understanding and agreements of the parties as to its subject matter, and the written terms supersede all prior contemporaneous representations, discussions, negotiations, understanding and agreements relating to the subject matter of this agreement. The parties shall not be bound or liable for any statement, prior negotiations, correspondence, representation, promise, draft agreements, inducements, or other understanding of any kind or nature not set forth or provided herein. SECTION 16—NOTICES Except in exigent circumstances, all notices by either City or Company to the other shall be made by depositing such notice in the United States Mail, Certified Mail return receipt requested, or by recognized commercial delivery with delivery receipt requested(e.g., FedEx, UPS or DHL). Any such notice shall be deemed to have been given when received by the recipient based on the delivery receipt. All notices shall be addressed as follows: To Ci : To Company City Clerk Duke Energy Tracy Ackroyd Howe Government& Community Relations Dept. 685 West Montrose Street 299 lst Avenue North—FL163 Clermont, FL 34711 St. Petersburg, FL 33701 Phone: (352)241-7331 Phone: (727) 820-5141 SECTION 17-NON-WAIVER PROVISION The failure of either party to insist in any one or more instances upon the strict performance of any one or more of the terms or provisions of this Ordinance shall not be construed as a waiver or relinquishment for the future of any such term or provision, and the same shall continue in full force and effect. No waiver or relinquishment shall be deemed to have been made by either party unless said waiver or relinquishment is in writing and signed by the parties. SECTION 18 -REPEALER AND SUPERSEDING PROVISION This Ordinance shall supersede, as to the rights, privileges, and obligations between City and Company, all ordinances and parts of ordinances in conflict with the terms of this Ordinance. S CITY OF CLERMONT CLE ORDINANCE NO. 2026-028 Ordinance No. 317-M and any amendments thereto, are hereby deemed null and void and/or repealed upon the effective date of this Ordinance and none of the provisions of such repealed Ordinance No. 317-M and any amendments thereto shall have any further force and effect. SECTION 19 -DISPUTE RESOLUTION The parties to this Ordinance agree that it is in each of their respective best interests to avoid costly litigation as a means of resolving disputes which may arise hereunder. Accordingly, the parties agree that prior to pursuing their available legal remedies they will meet in an attempt to resolve any differences. If such informal effort is unsuccessful, then the Parties may exercise any of their available legal remedies. - CITY OF CLERMONT CLERWONT ORDINANCE N0. 2026-028 PASSED AND ADOPTED by the City Council of the City of Clermont, Lake County, Florida on this 28th day of July 2026. CITY OF CLERMONT Tim Murry, ay Tracy ckroyd ow , MMC City Clerk Approved as to form and legality for the use and reliance of the City of Cle ont,Florida, o ly. Christian W. W gh, City Attorney