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1968-03ATTACHMENT AGREEMENT BETWEEN FLORIDA POWER CORPORATION AND CITY OF CLERMONT, FLORIDA This AGREEMENT, made and entered into this 23rd day of February, 1968, by and between Florida Power Corporation, a corporation organized and existing under the laws of the State of Florida, party of the first part, hereinafter called "Company," and the City of Clermont, Florida, a municipal corporation organized and existing- under the laws of the State of Florida, party of the second part, herein- after called "Municipality." WITNESSETH Section 0.2 WHEREAS, the Municipality is desirous of (1) construct- ing and maintaining traffic light control circuits, messengers, and guys to support traffic lights and attaching the same to certain poles of the Company in an underbuilt position, ,and/or (2) constructing and maintain- ing Christmas decorative lighting, necessary conductors and appurtenances, including supporting brackets and pole clamps and attaching the same to certain poles of the Company in an underbuilt position, and/or (3) con- structing and maintaining fire alarm circuits and necessary appurtenances and attaching the same to certain poles of the Company. Said Municipality may operate from time to time under any one or more of the above operating conditions. Section 0.3 NOW, therefore, in consideration of the sum of One Dollar ($1.00) paid by the Municipality, receipt of which' is hereby ackowledged, the Company hereby grants the right and permission to the Municipality to properly and safely construct and maintain those attachments set forth in Section 0.2 in an underbuilt position on the Company's poles hereinafter described, upon the following terms, covenants and conditions: ARTICLE I SCOPE OF AGREEMENT Section 1.1 The Municipality is desirous of operating under one or more of the conditions asset forth in Section 0.2 therefore, attachments may be made to the Company's poles as described in Appendix I. Section 1.2 Additions or deletions of attacmnents under the terms of this Agreement shall be implemented through the completion and execution by both parties of Exhibit A-Application and Permit--and Exhibit B-Notifi-, cation of Removal by Municipality. ' Executed copies of the said exhibits will, upon the consideration herein provided, supplement and become part of this Agreement and will in no way change the terms and conditions of this Agreement. ARTICLE II CONSTRUCTION AND MAINTENANCE OF ATTACHMENTS Section 2.1 Attachments by the Mlunicipality, as set forth in Section 0.2, shall be installed on the Company's poles at a point at least four (4) feet below the Company's neutral conductor or two (2) feet below the Company's lowest secondary conductor. A minimum clearance of at least fifteen (15) feet above walkways and at least eighteen (18) feet above roadways shall be maintained by the Municipality to the lowest point on its equipment, and appurtenances. Section 2.2 The installation, construction, and maintenance of attach- ments by the Municipality as set forth in Section 0.2.shall be accomplished in accordance. with the National Electrical Safety Code in its present form . or as-subsequently revised, amended, 'or superseded, and shall at all times comply with generally accepted safety practices of the electricial utility industry in respect to such installations. It is further understood' and agreed by the Municipality that the said installation, construction, and - 2 - maintenance of these attachments set forth in Section 0.2 shall always be subject to the'approval of the Company within its sole and absolute discre- tion. ARTICLE III LIABILITY AND DAMAGES Section 3.1 The Municipality further covenants and agrees that nothing herein contained or contemplated is intended to or shall increase the Company's risk 'or liability for personal injury or death or for property damage beyond that which the Company might have had except for this Agree- ment, and it is hereby expressly understood that the Company does not assume any such additional risk and the Municipality, for itself and its successors and assigns, agrees that it does hereby relieve the Company of and absolve 'it from all such risk and liability arising or growing ,out of, the use of, or entry upon, or occupancy of the Company's poles and facilities as provided herein by the MuniCipality, its licensees, agents, employees, or representatives. The Municipality does hereby indemnify and agree to save the Company harmless from and against any and all claims, damages, losses, or liability to any person, persons, or to the property of any person or persons occasioned by, growing out of, or arising and resulting in any manner by 'reason of (1) the installation, construction, and maintenance of said attachments as set forth in Section 0.2 about and upon the facilities and premises of the Company, or (2) the use or occupancy aforesaid by the Municipality of the poles and facilities of the Company. Section 3.2 With respect to the foregoing Agreement of Indemnification, the Municipality shall, at all times, carry a policy or policies of insurance with respect to general liability with bodily injury limits not less than $50,000 each person anrl $100/000 each accident, and with property damage limits not less than $10,000 each accident and $20,000 aggregate. Said 3 - insurance policies shall be endorsed by the insurance carrier to provide blanket contractual coverage, expressly.with respect to the above Agreement of Indemnification, to the ,:full limits of and for the liabilities insured under said policies. Prior to the commencement of any work hereunder and during the life of this Agreement, the Municipality shall furnish the Company with certificates from its insurance carriers showing that the Nunicipality carries the said requisite insurance and that the same have been endorsed specifically to cover said Agreement of Indemnification" and such insurance shall not be terminated, altered, or reduced in amount except upon and after not less than twenty (20) days' written notice thereof to the Company. ARTICLE IV ASSIGNNENT OF RIGHTS Section 4.1' Neither this Agreement nor permit, or any part or rights thereunder, shall be assigned by said Municipality without the written consent of the Company having first been obtained. Section 4.2 It is agreed that all existing agreements, written or oral, between the parties hereto for the purposes set forth herein are, by mutual consent, hereby' cancelled and terminated. ARTICLE V TERMINATION OF AGREEMENT Section 5.1 It is understood and agreed that either party hereto may, at any time and whether with or without cause, cancel and terminate this Agreement by mailing to the other a written notice of its intent to 'do so. Upon such termination the Municipality shall, and for failure to do so the Company may at the Municipality's sole expense, immediately remove said' facilities of the Municipality from the property of the Company without any liability for severance, loss, or damages to the Municipality ,or any person or persons whatsoeverj and thereafter, both parties shall be ,relieved of and from all obligations hereunder, except such as may have accrued prior to - 4 - such terminations. IN WITNESS WHEREOF, the Company has caused this Agreement to be executed by its Vice President, attested to by its Assistant Secretary, and the Municipality has caused this Agreement to be executed by its Mayor or City Manager and attested to by its Clerk, the day, month and year first above vrritten. Signed, sealed and delivered in the presence of Florida Power Corporation by Vice President Attest by Asst Secretary Signed, sealed and delivered in the presence of: City of Clermont, Florida by Title Attest By Clerk Seal Approved as to form and substance City Attorney APPENDIX I POLE NO. LOCATIONS 111 Intersection of SR 50 and East Ave. 1157 Intersection of SR 50 and East Ave. PURPOSE Traffic Control Traffic Control EXHIBIT A ATTACHMENT AGREEMENT BETWEEN . FLORIDA POWER CORPORATION AND CITY OF CLERMONT, FLORIDA APPLICATION AND PERMIT day of ,19_ In accordance with the terms of. the Agreement dated 19 . , between the parties hereto, application is made for permission to make attachments to the following poles: - POLE NO. POLE LOCATIONS Signed, sealed and delivered. in the presence of: Acknowledged and agreed to this , PURPOSE Traffic Control' ,Decorative Lighting Fire Alarm CITY OF CLERMONT, FLORIDA By (Title) Attest: By Clerk day of FLORIDA POWER CORPORATION Signed, sealed and delivered in the presence of: By (SEAL) 19_ Vice President Attest: By Secretary (SEAL) EXHIBIT B ATTACHMENT AGREEMENT BETWEEN FLORIDA POWER CORPORATION AND CITY OF CLERMONT, FLORIDA NOTIFICATION OF REMOVAL BY MUNICIPALITY day of ,19_. In accordance with the terms of Agreement dated , 19_, betYlecn the parties hereto, the below listed attachments 'Here removed on , 19_, and are to be deleted from the Agreement. - POLE NO. POLE LOCATIONS (describe fully) . PURPOSE Traffic Control Decorative Lighting Fire Alarm Signed, sealed and delivered in the presence of: CITY OF CLERMONT, FLORIDA By (Title) Attest: By .. Clerk (SEAL) Acknowledged and agreed to this day of , 19 . - Signed, sealed and delivered in the presence of: FLORIDA POWER CORPORATION By Vice President Attest: By Secretary ( Seal)