AGREEMENT (2)
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AGREEMENT
TElIS AGREEJ\ffiNT, Made and entered into this 10th day of
October, 1946, by and between the CITY OF CLEARViATER, a municipal
corporation within the state of Florida, hereinafter called the
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"Munioipa1ity, tt and. FLORIDA POWER CORPORATION, a corporation organized
and existing under the laws of the State of Florida, "Jereinaf'ter called
the "Company".;
VITTNESSETEI: That in consideration of the sum of One, Dollar
($1.00) paid by each of the parties hereto to the other, the receipt of
wbich is hereby aclOlow1edged, and in :f'urther consideration of the
mutual covenants and agreements herein contained to be performed by the
parties hereto, it is mutually covenanted and agreed:
I.
That the Company binds itself, its legal representatives,
suocessors and assigns, to furnish and to sell to the MUnicipality, and
the ~unicipality hereby binds itself to buy of Florida POTh~r Corpora-
tion, its legal representatives, successors and assigns, all of the
electric energy required by the Municipality, exoept for resale and as
hereinafter provided, for the operation of its water pumping plants,
gas works, sewage disposal pumping stations, causeway drawbridge, i'or
the street lighting systems (overhead and ornamental post) an(f :rot" '
lighting service to all miscellaneous situations now connected, and for
similar situations that t:.ereafter may be added, and not to generate
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such energy itself, except as hereinafter provided for the supply 01'
emergency service, or purchase it elsewhere, except as and when the
Company is unable to furnish it or refuses v.rithout legal excuse to do
so.
II.
In consideration 01' the above agreement, the Municipality,
during the entire period 01' this agreement, binds itself to pay to the
Company monthly for all electric energy used and consumed at the 1'01-
lowing rates, to-.tit:
RATE P::;;R EONTlI:
1.25Jt per KViI
Fuel Adjustment:
Energy charge shall be increased or decreased ~.OO015
(15/100 of a mill) per KWH for each five cents (5st) above
$1.05 or below $.90 per barrel, respectively, in the pub-
liShed price 01' Bunker "e" fuel oil, f.o.b. storage tanks
at Port Tampa, Florida
rihere servioes can be consolidated, the Municipality will
provide such consolidations to eliminate separate metering.
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III.
It is agreed that the electric energy supplied under this
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agreement shall be delivered as follows:
To Water Pumping Plants and Gas Works (Served from 2300-volt master-
metered circuit):
Service sapplied at 2300 volts and delivered at junction
pole located on Maple street, one span west of Alden Avenue, and
measured by 2300-voltmetering equipment installed on pole located
adjacent to gas plant engine room.
To,iater Pumping Plants (Not served from master-metered circuit) J
Sewage Disposal Pumping Stations and Causeway Drawbridge:
Jervice delivered at each location and measured ~t primary
voltage at Company's option. The Municipality shall furnish and main-
tain the necessary stepdown transformers and provide meter connection
at each location.
street Lighting Systems (except Clearwater Beach)
At bus bar of Company's substation. Service delivered and
measured at approximately 4,000 volts, three phase.
Clearwater Beach (Street Lighting)
At Island end of causeway. Service delivered and measured at
approximately 2300 volts, single ph~se.
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l.Iiscellaneous Situations (per schedule attached)
Service delivered and metered at each location, single phase,
115 or 115/230 volts.
The CompaIJiY' will furnish and install the necessary meters
adjacent to each location. the registration of whioh meters shall con-
stitute the basis of computation of bills for energy consumption,.
IV.
Bills for electric energy shall be rendered monthly by the
Company and shall be due and payable Vli thin ten days from date rendered;
and it is further stipulated that the Company shall have the right to
discontinue the delivery of electric energy to the Municipality under
this agreement in the event the ~Ilunicipalityshall fail to pay any sum
due hereunder from the Municipality to the Company, as herein provided.
or in the event the Municipality otherwise/violates this agreement,
provided the Company shall give the :Municipality at least sixty days'
written notice of its intention to discontinue delivery of electric
energy and the reason therefor, and the l.!unicipality shall have such
period in which to pay the sum. due or make good such violation.
V.
Inasmuch as the Municipality has installed a boiler in con-
nection witit its incinerator plant for the disposal of rubbish and
garbage, and has installed a steam driven generating unit for the
utilization of such steam as may be produced by the said incinerator
boiler, it is hereby understood and agreed that the Municipality shall
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have the right and privilege of oonnecting its wires from its generator,
through suitable protective equipment to be approved by the Company and
with synohronizing equipment, all to be furnished by the lIiunicipality,
wi th the incoming electric service supplied by the Company to the gas
plant and water pumping stations for the purpose of pennitting the
I'unicipali ty to operate its generator in parallel ....ri th the ComPanY's
system and to utilize to the fullest extent suoh energy as may be
generated from the steam supplied by the incinerator boiler. The
l~unicipality agrees that it will operate its generator at proper exci-
tation and th~t it will not use steam from the boilers of the gas plant
for the operation of said steam engine unless the Company, for any cause,
is unable to supply the requirements of the Munioipality. The Compa:cy
has installed disconnecting switches at or near its meter through
which service is supplied to the Municipality for water pumping and
gas plant usage so that these svritches may be opened in the event the
Company is unable to supply energy to the Mmlicipality for water pump-
ing, 'which will permit the Munioipality to supply its water pumping
stations from its steam driven cenerator; it being understood and
agreed, however, that when such interruption of servioe has been cor-
rected, the Company shall have the right to reconnect its servioe to
the circuits supplying the water pumping stations and gas plant, and
the ~unicipaIity ,viII immediately resume taking service from the Company.
Ill.
It is further covenanted and agreed that the Company shall
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not be liable for damage or injury to persons or property arising, oc- .
curring or resulting in the receiving, use or application of electric
energy or operation of machinery or equipment on the !ilunicipality's
side of the points of delivery (except as hereinafter provided in the
misconduct or negligence on the part of the Company in the operation
and maintenance of overhead street lighting system), and the Munici-
pality shall not be liable for damage or injury to persons or proper~J
aris ing, occurring or resulting in the construction, maintenance and
operation of the Company's lines and equipment on the Company's side of
the points of delivery; and the Company and the Municipality shall hold
and save each other harmless against such loss or damage sustained on
their respective sides of the points of delivery.
VII.
It is further oovenanted and agreed that the Municipality
at any reasonable time, upon notice to the Company, shall have the right
in the presence of an officer, agent or designated employee of the Com-
pany to read and check the comp~1 s meters and/or metering equipment,
should it so desire, and should there be any disagreement as to the
correctness Of readings and/or accuracy of said meters or metering equip-
ment, the parties hereto shall jointly test said meters, but it is here-
by agreed that the said meters and/or metering equipment shall be con-
sidered within the percent average accuracy provided calibration is
within two percell't (2%) of accuracy. Should the meters be beyond the
said range of aocuracy, an adjustment shall be made based on the
average of the three months' oonsumption immediately prior to the period
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in question, but no adjustment shall extend over a period of more than
three months.
VIII.
It is further covenanted and agreed that inasmuch as the
Company owns the overhead street lighting system and equipment, and
will ovm the ornamental post street lighting system and equipment
installed by the company, the rate for energy herein stipulated
shall include the maintenance by the company, at its cost and expense,
of the overhead street lighting system and equipment and said orna-
mental post street lighting system and equipment installed by the
company, and replacement of lamp bulbs in its said systems; ~and it
is further understood and agreed that upon written request of the
Municipali ty the Company will maintain the ornamental post street
lighting system owned by the Municipality now existing, or such addi-
tions as hereafter may be installed by the Municipality, on a basis of
cost plus ten percent (lO%).v
It is further agl"eed that the Municipality reserves the
right to specify the candle power of lamps to be used and to regulate
the hours of burning of said street lighting systems.
IX.
It is further covenanted and agreed that upon reasonable
notice from the Municipality, in writing, the Company will transfer any
lamp installation in the overhead street lighting system now existing
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or as hereafter may be added, and insta.ll the same in any other loca-
tion in the existing system. provided, however, that the Municipality
will within tlur~j days after the completion of the transfer and
reinstallation of said lamp or lamps, reimburse the Company for the
actual cost, including transfer and reinstallation of poles, cross-
arms, wires and fixtures.
The Company further agrees that, upon written notice from
the MUnicipality, it will install additional lamp or lamps to the exist-
ing overhead street lighting system, provided that such additional
lamps shall not be plaoed more than four hundred (400) feet apart, and
further provided that the Company will not be required to make additions
to the said overhead street lighting system wi thin six months from the
expiration date of e:ny contraot period.
x.
It is further agreed that the Company will use all reasonable
care and diligence to provide the :Municipality with an uninterrupted
supply of electric energy when it is required by the Municipality, but
it vnll not be responsible for interrupted service which may occur from
time to time on account of damage to any portion of its machinery or
equipment, and if' service shall be defective or be interrupted or fail
by reason of acts of God, or by the acts of persons or circumstances
over which the Comp~ has no control, or by any emergencies in which
the Comp~ may be compelled to act to prevent injuries to life, person
or property, except upon willful default of' the Company, the Company
shall not be liable for any loss or damage resulting therefrom. but in
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the event the supply of energy shall be interrupted, the Company
vJill exercise all reasonable. diligence to remove the cause of inter-
ruption from whatever source and to resume the normal supply of
energy as quickly as possible.
XI.
It is further covenanted and agreed that the Company shall
assume all liability for damage or personal injury caused by its
negligence in construction, operation and maintenanoe of said over-
head street lighting system, but the Company shall not be liable to
any inhabitant of the Municipality or to any other person, firm or
corporation, for any claim, demand, loss or damage of .vhatsoever
nature or character due to or arising out of aIW failure or interrup-
tion of lighting service hereunder; that nothing in this agreement
expressed or implied is intended or shall be construed to confer
upon or give to any inhabitant or citizen of the Municipality or to
any person, firm or corporation other than the parties hereto, any
right, remedy or claim under or by reason.of this agreement or any
covenant, condition or stipulation hereof; and that all covenants,
stipulations, promises and agreements in this agreement contained for
or on behalf of the Company shall be for the benefit of the parties
hereto.
XII.
It is further agreed :that if by ~ lawful authori'ty,
Federal, State or :r.:::unicipal, there shall be imposed upon the CompaIW
rolY KViH generation, sales tax or gross revenue tax, in addition to
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those now in effect, Which shall increase the Company's cost of serv-
ing the Municipality under this agreement, the said tax shall be
added to the rate stipulated in Paragraph II hereunder. In the event
that the Company requires said tax so imposed to be paid by its other
customers served in the City of Clearwater~ then the Municipality
agrees to aSBU1Il.El and pay the said tax which shall be added to the rate
stipulated~ except where City is excluded from the operation of any
such tax. In the event the Company does not require the tax so imposed
to be paid by its other customers served in the City of Clearwater,
and the Municipality is unwilling to accept such increase in rate
caused by such tax imposed, then the Municipality :may rescind this con-
tract and the Company shall give the Municipality not less than six
months' notice in writing before disoontinuing the supply of electrio
energy to the Municipality.
XIII.
It is further covenanted and agreed that this agreement
shall becoue effective on the I!!" day of October ~ 1946, and shall
be in full force and effect for a period of five (S) years thereafter,
and shall continue automatically thereafter for like periods, and be in
full force and effeot until one of the parties notifies the other, in
Yrriting~ of its intention to terminate this agreement, ~lich notifica-
tion shall be given not less than. six (6) months prior to the da1;e of
termination of any contraot period.
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IN WITNESS WHEREOF ~ the CITY OF CLEARWATER, has caused
its name to be hereunto subsoribed by the City Manager of said City,
confirmed by the :.~yor of said City and attested by the Ci~1 Clerk
on the day and year first above written; and the FLORIDA POVWER
CORPORATION has caused this agreement to be executed by its Vice
President and its corporate seal to be hereto affixed and attested
by its Assistant Secretary, the day and year first above written.
Signed~ sealed and delivered
in the presence of:
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By
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uayor Co ss~oner..
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C~tj~ Clerk
Signed, sealed and delivered
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FLORIDA PO~~R CORPORATION
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Attest:
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Assist~~t Secretary
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
Personally appeared before me, the undersigned authorit,y,
th~s/"~ day of 1~7;;JI!.Y , 1946, 1:~.//t:fl~.'x
G,o. J( Seq?, and -:r;qll} ~ Goo /~ I
to me well 10lOwn to be the City Manager, the Mayor and the Clerk,
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respectively, of the Cit,y of Clearwater, Florida, and acknowledged
that they executed the foregoing instrmnent as such.. for and on be-
half of the said City of Clearwater, Florida.. for the uses and
purposes therein expressed and that they did so under and by virtue
of authority lawfully oonferred upon them under the laws of the
State of Florida; and that the seal annexed thereto is the true
and genuine corporate seal of the City of Clearwater, Florida.
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'WITNESS my hand and official seal the date aforesaid.
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My commission expires:
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STATE OF FLORIDA )
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COUNTY OF PINELLAS )
Personally appeared before me, the undersigned author-
ity, this lOth day of October, 1946. J. F. BAILEY and G. F. FOLEY.
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to me well known to be the Vice President and Assistant i:iecretary.
respectively, of Florida Power Corporation, ~o severally
acknowledged that they executed the foregoing instrument as said
officers for and on behalf of said corporation, for the purposes
and uses therein expressed, and that they did so under and by
virtue of authority lawfully conferred upon them by said corpora-
tionj that the seal annexed thereto is the true and genuine cor-
porate seal of the corporation.
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Notary Public
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..-r:y-i~ssiol1 expires:
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"~'~ ,.:.,."My Commission Expires April 22, 1949.
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EXHIBIT "A"
POWER SERVICE LOCATIONS
Schedule of L=ain and lIiscellaneous Power Situations,
metered separately, and oonnected as of October I,
1946. The KWH consumption shall be consolidated and
billed at the rate.
l. Llam Power 1Ieter for Gas Plant and ',Tater Pumping Stations
served from master-metered power circuit.
2. riater Pump - Gulf to Bay Boulevard and Highland Avenue
3. Vlater Pump - North side Gulf to Bay Boulevard. East of Skyview
4. Water Pump - Jeffords Street and Prospect Avenue
5. Water Pump - Madison Avenue and Lakevievr Drive
6. Sewage Disposal Pump - Woodlawn and Cross Lane
7. Sewage Disposal Pump - Pinellas and Plant Streets
8. Sewage Disposal ~ - Osceola at Nicholson
9. Sewage Disposal Pump - Marshall and Bay
IO. Sewage Disposal Pump - Lantana Avenue
11. Sewage Disposal Pump - 1Iandalay Avenue
12. Sewage Disposal Pump - Bruce and Carlouel
13. Sewage Disposal Pump - Marshall Street
14. Gas Booster Pump - Harborhill Street at Safety Harbor
lS. Causeway Drawbri.dge
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EAHIBIT "B"
LIGHTING SERVICE LOCATIONS
Schedule of Street Lighting (Overhead and Ornamental Post)
and l.Iiscellaneous Lighting Situations, metered separately,
connected as of October 1, 1946 (Ch~frber of Commerce ex-
cepted). The KVffi consumption shall be consolidated and
billed at the rate.
1. Main Street Lighting Meter for Overhead and Ornarn.ental Post
LightUig Systems
2. Causeway White Way
3. Causeway Bridge Li~ts
4. Seminole Street Pier
5. Traffic Signal- Sunset Point Drive
6. Traffic Signal -Drew Street and North Ft. Harrison Avenue
7. Traffic Signal - Drew Street and Garden Avenue
8. Traffic Signal - Mandalay Drive, Clearwater Beach
9. Traffic Signal - Woodlawn and South Ft. Harrison Avenue
IO. Traffic Signal - Druid Road at South Ft. Harrison Avenue
11. Traffic Signal - Turner Street and South Ft. Harrison Avenue
l2. Traffic Signal - Haven Street and South Ft. Harrison A venue
13. Traffic Signal - Eldridge Street and North Ft. Harrison Avenue
l4. White ifay at S.A.L4R.R. Depot
l5. Flood Lighting - Brooklyn Field
lB. Club House - Brooklyn Field
17. Flood Lighting - Green Field
18. Club House - Green Field
19. Flood Lighting - Colored Ball Park
20. Shuffleboard Court - Overbrook
2l. Shuffleboard Court - City Park
22. Shuffleboard Court - Seminole Street
23. Public Library
24. Fire Station and Jail
25. Horseshoe Clubhouse - City Park
26. Municipal Auditorium
27. Eunicipal Auditorium - Exit Lie;hts
28. 11unicipal Tennis Courts
29. City Park - Community House
30. City Park - V.F .W. Building
3l. Ci ty Park - New Bowling Court
32. Flood Lights - Belmont
33. Fire Station - Mandalay Boulevard
34. Colored Playground - lladison Avenue
35 . City Hall
For Additional Locations:
ThelOiIconSUIilptdiell ,o:t"<'S1~'bibn8 silnilarto the above, connected
subsequent to October l, 1946, will be consolidated and billed at
the rate.
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City of Clearwater
Pinellas County, Florida
Amendment to contract dated Oct. 10, 1946 covering the fur-
nishing of electric energy and service for municipal purposes; said
contract effective for an initial period of Five years from
Oc.t 1, 1q4h , automatically renewable.
EFFECTIVE DATE; This amendment shall become effective with the billing
period which begins during the month of July, 1963.
AMENDMENT TO THE CONTRACT:
All terms and conditions are the same ~s stipulated in the contract,
with the following exception:
Street Lighting:
The contract is hereby amended to reflect the reduction in the
amount of the monthly Fixed Charge for 20,000 Lumen (400 watt)
Mercury Vapor Luminaires from $1.50 to $1.35 each.
Number of 20,000 Lumen (400 watt) Mercury Vapor Luminaires in
service at effective date of this amendment 197
All other terms and conditions of the contract will remain in full
force and effect.
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, 1963
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Approved:
June 17
, 1963
FLORIDA POWER CORPORATION
By .LJ/l/Z.-lid/ -
Vice'President
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-'City" ttorney
Attest:
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July 19, 1863
Mr. H.rol'l. Du.PW
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