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1950-06POWER CONTRACT BETWEEN FLORIDA POWER CORPORATION AND CITY OF CLERMONT Florida CITY OF CLERMONT LAKE COUNTY FLORIDA RESOLVED, That the City of Clermont; in regular session assembled, does hereby adopt, rati- fy and approve certain power agreement dated May 17, 1950 providing tor the furnishing of electric energy tor White Way and Series Overhead Street Lighlting, and the proper officers of the City be, and they are hereby authorizied, directed and instructed to execute said agreement in sub- stantially the form as presented to the City Councll at this meeting. MINUTES OF THE CITY COUNCIL MEETING HELD ON THE 6th DAY OF June 1950 CITY OF CLERMONT, FLORIDA Councilman E. G Winston then stated that the Councll had considered the approval and adoption of certain power agreement dated May 17, 1950, heretofore presented to the Councll by a representative of the Florida Power Corporation with reference to the furnishing of elec- tric energy for White Way and Series Overhead Street Lighting, and recom- mended that the agreement be approved and executed. Thereupon, upon motion of Councilman C R Reid and seconded byCouncllman R M Castner the following resolution was adopted. RESOLVED, That the City of Clermont, in regular session assembled, does hereby adopt, ratify and approve certain power agreement dated May 17, 1950, providing for the furnishing of electric energy for White Way and Series Overhead Street Lighting, and the proper officers of the City be, and they are hereby authorized, directed and instructed to execute said agreement in substantially the form as presented to the City Council at this meeting. (SEAL) City Clerk of the City of Clermont, Florida STATE OF FLORIDA COUNTY OF LAKE CITY OF CLERMONT I, (Mrs) M H Barnes City Clerk of the City of Clermont, Florida, do hereby certify that the attached and foregoing is a true and correct copy of a resolution adopted by the City Councll of the City of Clermont, Florida, at a meeting held on the 6th day of June, 1950, and the same appears on record and in the minutes and office of the City Clerk of the City of Clermont, Florida. Witness my hand and official seal this 6th ay of June 1950. (SEAL) City Clerk of the City of Clermont, Florida THIS AGREEMENT, made and entered into this 17th day of May 1950, between FLORIDA POWER CORPORATlON, a corporation organized and existing under the laws of the State of Florida, party of the first part, hereinafter called the "Company," and CITY OF CLERMONT, a municipal corporation organized and existing under the Laws of the State of Florida, party of the second part, hereinafter called the "Customer." THIS AGREEMENT WITNESSETH: I That for and in consideration of the premises and mutual covenants and conditions to be performed by the parties hereto, and the sum of One Dollar ($1.00) each to the other in hand paid, receipt of which is hereby acknowledged, it is mutually covenanted and agreed that the Company will furnish electric service of a type commercially known as SERIES, single phase, 60 cycles, alternating current to the Customer for the operation of White Way S.treet Lighting System consisting of fifty (50) standards equipped with 2500 Lumen Lamps and Series Overhead Street Lighting Sys- tem consisting of 122 bracket-type fixtures equipped with 1000 Lumen Lamps, in Clermont, Lake County, Florida. II In consideration of the above agreement, the Customer, during the period of this agreement, binds itself to utilize electric energy for all motive power and lighting required for the operation of White Way and Overhead..street Lighting Systems hereinbefore recited, and agrees to buy of the Company all such electric energy and not to generate such energy itself, or purchase it elsewhere, except as and when the Company is unable to furnish it, and to pay to the Company for all electric energy used and consumed at the following rate, to-wit: RATE PER MONTH: (Schedule M-2) (All Night Operation) $1.25 for each 1,000 Lumen (100 C.P.) Lamps $2.50 " ' 2,500 " (250 C.P.) " (service shall be from 30 minutes after sunset until 30 minutes before sunrise.) The Company shall furnish electricity, labor and all other things necessary for the proper operation and maintenance of said Company-owned White Way and Overhead Street Lighting Systems, inclusive of Lamp Bulb and outer globe re- newals except lamp bulbs and outer globes willfully and maliciously broken by unknown persons, which shall be paid for by the Customer at cost prlce. Adjustments : Fuel: Energy charge shall be increased or decreased $----------------) per KWH for each -------- cents above $--------- or below $ ---- per barrel, respectively, in price as established by published quotation of Bunker "C" fuel oil f.o.b. refiners' storage tanks at Port Tampa, Florida. Tax: To above rate shall be added the applicable proportionate part of any taxes and ass~ssments imposed by any governmental authority in excess of those in effect January 1, 1950, which are assessed on the basis of meters or customers, or the price of or revenues from electric energy or service sold, or the volume of energy generated or purchased for sale or sold. -1- Minimum Charge: TWO Hundred and Twenty-Five ($225.00) Dollars per Month. LAMP LOCATIONS EXTESIONS- Series Overhead Street Lighting System Lamp locations shall be referred to as "Initial Lamp Locations" and marked as an "Exhibit". Additional lamps or transfer of lamps from one location to another shall be made only on proper authorization of the Customer, provided that addi- tional lamps shall not be placed more than 400 Feet apart and provided further, that the Comparv will not be required to make additions to said street lighting system within one year from the expiration date of any contract period. Trans- fer of lamps from one location to another shall be at the expense of the Cus- tomer, and shall be paid for upon the completion of such transfer. Point of Deliver and Metering: (LAMP BASIS) The electric energy supplied under this agreement shall be delivered at the various lamp sockets Equipment Rental charge: NONE It is hereby agreed that the Company will furnish to the Customer the necessary stepdown trans- formers with protective equipment, required for its volt service consisting of for a rental charge of ---------- Dollars ($ -----) per year; said charge to be prorated and billed (White Way and Overhead Street Lighting Systems owned and maintained by Company)I I --------------------------- III It is further covenanted and agreed: l. That bills for electric energy shall be rendered monthly by the Company, and shall be due and payable within ten days from date of bill; and it is further stipulated that in the event the Customer fails to pay said bill, the Company shall have the right, at its option, to discontinue the delivery of electric energy after ten days written notice to the Customer. 2. That the Customer's connected lighting load shall not exceed -- % of its total connected load. 3. That all electrical equipment, apparatus and appliances used by the Customer in connection with the service supplied hereunder shall be subject to the approval of the Company, shall be kept in efficient working condition, and shall be such as to cause no disturbance in the electric system of the Company. 4. That the Company shall have the right to install protective apparatus so arranged as to discon- nect the service to the Customer if the Company's capacity at any point where service is delivered is exceeded. 5. That no change shall be made in the Customer's equipment, nor in the type, size, or total elec- trical capacity of the devices connected with the service, nor shall the electric energy be used except for such equipment, nor shall any other electrical service be introduced or permitted in connection with such equipment without previous written notice to and the written consent of the Company. 6. That the Company will furnish and install meters and service appliances necessary to meter and connect the service at the point of delivery. -2- 7. That all appliances furnished at the expense of the Company shall remain its property and may be removed by it at any time after the termination of this agreement or the discontinuance of service. All equipment, appurtenances and wiring furnished by the Customer shall be maintained by the Customer and shall conform to the National Electric Code, to the rules and regulations of the Company as set forth in booklet, entitled "Requirements for Electric Service," on file in the Company's office, and to all regulations imposed 'by law. 8. That the Customer will, at its own risk and expense, furnish and install all necessary appurte- nances for utilizing the energy to be supplied hereunder, such as transformers, switchboards, switches, safety devices, wiring, etc., and said installation shall be of such character as will not introduce any dis- turbances on the Company's lines, and the apparatus shall be selected and used so as to procure the high- est practicable power factor and to balance the use of energy from the three phases as nearly as prac- ticable. 9. That the Company will use reasonable diligence in providing regular and uninterrupted serv- ice when it is required, but the Company will not be responsible for interrupted service which may occur from time to time on account of damage to or failure of its lines and equipment, or necessary repairs thereto, or if the service shall be defective or be interrupted or fail by reason of acts of God or providence, or by the acts of persons or circumstances over which the Company has no control, or by any emergency in which the Company may be compelled to act to prevent injury to life, persons or property, except upon willful default of the Company, the Company shall not be liable for any loss or damage resulting therefrom. If, due to any major damage to the customer's plant or equipment, the Customer shall not be able to operate, or be unable to consume any electric energy, the minimum charge stipulated herein shall be waived until the Customer shall have been able to return to its normal requirements, 10. That the Company shall have access to the premises of the Customer at all reasonable times for the purpose of reading meters, inspecting, testing, installing, repairing or changing the Company's apparatus, or for removing such apparatus from the premises of the Customer, either during or after the termination of this agreement. The Company may suspend delivery of service at reasonable time~ for the purpose of inspection or repairs, provided that such notice thereof shall be given as circum- stances permit and require. 11. That the Company shall not be liable under this agreement for damages resulting from the use or presence of electric current, conductors, wiring, apparatus or appliances on the Customer's prem- ises. The Customer assumes full responsibility and shall pay all expense's required for the reception, distribution and utilization of the electric energy at and from the point of delivery, and shall hold the Company harmless against all damages to persons or property resulting from or in connection with the electric current furnished hereunder. 12. That the Company shall have the right to terminate this agreement or suspend its service in case the Customer fails to comply with or perform any of the terms or conditions of this agreement. If for any such cause service shall be suspended, or, if through any act or negligence of the Customer, the Company shall be prevented from supplying the service, there shall ,become due and payable monthly to the Company in lieu of payments for such servic'e during such suspension or discontinuance, as stip- ulated damages and not as a penalty, the sum hereinbefore named as a Minimum Charge. 13. That the rates of charge, terms and conditions under which the aforesaid electric service is furnished shall be subject to such changes as may be required by law or the rules, regulations or orders of any Court, Commission or Governmental Agency having jurisdiction. 14. That this agreement shall bind and be for the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. IV It is further convenanted and agreed that thi s agreement shall become effective on the first day of December, 1950, or such reasonable time thereafter as the Company is able to deliver and the Customer able to receive the electric energy hereinabove mentioned, and shall be in full force and effect for a period of five (5) years thereafter, and shall continue automatically from year to year thereafter, and be in full force and effect until one of the parties hereto notifies the other, in writing, of its intention to terminate this agreement, which notifi. cation shall be given not less than sixty days prior to date of termination of any contract period. -3- v This agreement shall not be binding upon the Company until accepted by it through its proper executive officer, and shall not be modified or affected by any promise, agreement or representation by any officer, agent or employee of the Company unless confirmed in writing by a proper executive officer of the Company before such acceptance. IN WITNESS WHEREOF, the said parties have caused these presents to be signed and sealed in their names the day and year first above written. Signed, sealed and delivered in the presence of: Florida Power Corporation By Vice President ATTEST: Asst. Secretary Sworn to and subscribed before me this 17th day of May, 1950. My commission expires: January 2, 1952 Notary Public Signed, sealed and delivered in the presence of: City of Clermont by Mayor Attest: City Clerk Sworn to and subscribed before me this9th day of June, 1950. My commission expires: Notary Public, State ,of Florida at large My commission expires Sept, 3, 1952 Bonded by American Surety Co. of N. Y Notary Public -4- Florida Power Corporation Contract Map