HomeMy WebLinkAbout2013 11 18 Consent 302 KB Home and Amberly Street Light Agreement (NSSLIA) COMMISSION AGENDA
Informational
Consent X
ITEM 302 public Hearings
g
Regular
November 18, 2013 KS RS
Special Meeting City Manager Department
REQUEST:
The Community Development Department, Urban Beautification Services Division, is
requesting that the City Commission consider a Neighborhood Street Sign and Light
Improvement Agreement(NSSLIA) with KB Home for the Amberly Subdivision.
SYNOPSIS:
During the subdivision planning and review process, KB Home
(Developer/HOA) approached City staff with the desire to install upgraded street
lights along public roadways within the Amberly Subdivision. Staff worked with the
developer and Duke Energy on a reasonable street light design that meets minimum
roadway lighting standards for the community. A total of twelve (12) decorative street
lights were specified by Duke Energy and installed on two public roadways within the
subdivision.
The NSSLIA for Amberly, found in Attachment W of this agenda item, defines the
responsibilities of both City and Developer (HOA) as related to decorative street lighting
located along public roadways within the Amberly Subdivision.
CONSIDERATIONS:
KB Home has installed the following Decorative Street Lights in the City Right-of-Way
along roadways within the Amberly Subdivision as part of the project:
Consent 302 PAGE 1 OF 2- November 18,2013
Decorative Street Lights/Poles
(12) 100w UPS Biscayne Fixtures -L95
(12) 16' Victorian II Decorative Masonry Poles -PLBC16V
Under the NSSLIA, the City will be required to reimburse the Developer/HOA the cost of
the City Standard Base Rate (currently $13.41 per month times 12 street lights), payable on
a quarterly basis. These street lights are being leased from Duke Energy by KB Home on
behalf of the Amberly HOA as a public safety benefit. The City is granting reimbursement
of the monthly base rate to the Developer/HOA based on the need for the City to
provide adequate street light coverage along public roadways.
FISCAL IMPACT:
Street lights installed to service public roads within the Amberly Subdivision will impact
the General Fund by $1,932 (at the current base rate of $13.41 per pole). This amount
represents a recurring expense and will vary based upon base rates established annually
by Duke Energy.
The street light expenditure will be offset by Ad Valorem Tax Revenue generated from
homes added to this subdivision; however, not all homes will yield tax revenue in the same
fiscal year as the expense occurs, based on when specific homes are purchased and added to
the tax rolls by Seminole County.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff recommends that the City Commission review and approve the Neighborhood Street
Sign and Light Improvement Agreement (Attachment 'A') with KB Home
(Developer/HOA)for the Amberly Subdivision.
ATTACHMENTS:
A)Neighborhood Street Sign and Light Improvement Agreement(NSSLIA) -KB Home
(Amberly Subdivision)
Consent 302 PAGE 2 OF 2- November 18,2013
ATTACHMENT 'A'
NEIGHBORHOOD STREET SIGN AND LIGI-11-
MPROVEMENT AGREE MFNT
This Neighborhood Street Sign and Light louprovement Agreemient -�("Aurcernent") is
in 20
ade and entered into this day of k— by and between the City
of Winter Springs, a Florida municipal corporation ("City"'), and Orlando, LLC.
a Florida corporation ("Developer"),
WITLESS 'T
WHEREAS, Developer is the developer of Amber ly, located within the City of Winter
Springs, Florida (',Developrrient")a and
WHEREAS. the City generally provides standard street signs and standard street lights
located on City streets that traverse through the real property which constitutes the Development,
and
WHEREAS, Developer and the City desire to provide enhanced decorative street signs
and decorative street lights at the Developer's expense under the terms and conditions herein;
and
WHEREAS, the parties acknowledge that this Agreement will improve the aesthetic
appearance of the City's streets primarily for benefit and enjoyment of Developer, the property
owners in the Development, and incidentally to the rest of the citizens 01'Winter Springs,
NOW THEREFORE, in consideration of the mutual promises set 1"Orth hereunder, and
other good and valuable consideration, which the parties acknowledge has been exchanged, the
parties agree as follows:
Section 19 Recitak The foregoing recitals are true and correct and are hereby
incorporated herein as a material part of this Agreement.
Section 1 Definitions, The following words and phrases used herein shall have the
following meaning unless the context clearly indicates otherwise:
11 "Duke Energy" shall rnean Duke Energy and any successor and assign to
the City"s electric franchise.
2,2 "Mfg n Plate" shall mean the metal t'ace plate of the street sign on which street
names and other traffic symbols and/or language is written such as "stop" and speed limits,
2. r h Bas-e Rate"shall mean the actual c ch
ost arged by Duke Energ to
Saar main -1 keet Ligt
and operate a standnrel concrete pole and cobra fixture, Said costs include electric,
FrIrn-,04.112 Neighborbood Street Sign and Light improvement Agreement
Cily of Winter Springs–Ambefly (KB Homes)
Page I of 7
equipment rental, ni ai rite nancel, gross receipts tax and other associated charges itriposed by
Duke Energ in accordance with law. At the effective date of this Agreement. the Street
gy
might Base Rate is equal to $13.41. The parties acknowledge that said base rate is subject to
periodic adjustments by Duke Energy and the City of Winter Springs.
Section 3. The City and Developer agree that this Agreement may
cover both decorative street on lights signs and decorative street depending
cl- tn . what is specifically
set forth in Exhibit "I". The City and Developer agree that Developer desires to purchase,
install, maintain and operate the decorative street signs and street lights depicted and itemized in
Exhibit "I", which is attached hereto and incorporated herein by this reference (the "Project"),
The parties acknowledge that ii'decorative street signs are installed, they Must comply with the
standards of the Manual of Uniform Traffic Control Devices, latest edition, and the City of
Winter Springs, and if decorative street lights are installed,, they must be provided by Duke
Energy and approved by the City of Winter Springs,
Section 45 Developer agrees to perform the following
obligations:
4.1 Decorative Street Signs. To the extent that decorative street signs are part of this
Agreement as provided oil Exhibit "I" Developer agrees to fully cooperate with the City to
Z:� 5 1 1
purchase,., install, and inaintain n/a decorative street signs required by the Project as follows:
(A) Developer agrees purchase and install the decorative street signs required to
complete the Project.
(3') In the event any of the decorative street signs must be replaced or repaired due to
damage, deterioration., or age. Developer agrees to repair or replace the decorative street signs at
its sole expense. Following turn-over and assignment of this Agreement pursuant to Section 7
herein, the Association shall pay the City the cost of the repairs or the Cost of purchasing and
installing the replacement decorative street signs. Association's payment shall be made within
thirty (30) days of receipt of written notice fl-orn the City and prior to the replacement.
Notwithstanding, followin6a turn-over, the City will be responsible for the repair or replacement
of any damaged, deteriorated, or aged street sign plate. Ail other components of the street sign
including, but not limited to, the foundation, frarnirg, and pole will be the responsibility of the
Association.
(C) Developer agrees to purchase and rnaintain an, inventory of extra decorative street
signs in an amount equal to 'Len percent (10% of the total Mirnber of signs required by this
Agreement. Such inventory shall be stored with the City and shall be used for future sign repairs
and replacement for the Development, The City shall have the right to repair or replace any
street sign required by this Agreement or to purchase and install ouly addit-gonai decorative street
signs that the City determines are needed to,traffic safety purposes within the Development. In
tile event that a street sign must be replaced., repaired, or added and Developer has failed to
Form 041`12 Neighborhood Street Sign and Light Improvement Agreement
City of Winter Springs—A rnbefly (KB Hornes)
Page 2 of 7
rnaintain the inventory, the City shall have the unconditional Hunt To make said repairs,
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replacement., or addition using a standard non-decorative street sigh and I-Ccover the actual cost
thereof from Developer,
41 Decorative Street Lights. To the extent that decorative street lights are part of
this Agreement as provided on Exhibit "I", Developer agrees to fully coc>peratc with the City to
acquire, install, maintain, and operate 12__ decorative street lights required by the Project as
follows I:
(A) Developer shall assume the full responsibility of maintaining the Duke Energy
invoice for all of the street lights covered by the having Project, including —
J 1_7> I g the account placed in
the name of Dc�leloper and making prompt and timely payments on said account, Upon turn-
over to the Homeowners' or Community Association consistent with Section 7 of this
Agreement, said Association shall assume responsibility for the street light, and have the account
placed in its nanne,
(B) Developer shall be responsible for promptly reporting all brc)ken or damaged street
lights directly to Duke Energy, The City reserves the right to do the same in the event that
Developer fails in said reporting responsibilities,
Section 5. "s Obi . Subject to Developer's compliance with its payment
LiUtL— b—i-ka—tions 'i
responsibilities set forth under this Aoreernent, the City agrees to perform the following
obligations-,
5a1 Following turn-over pursuant to Section 7 of this Agreement, the City agrees to
Following Z�l
pay the cost of purchasing replacement Sign Plates required for maintenance of the Project,
5.2 The City will assist Developer in coordinating with Duke Energy to acquire
and install the decorative street lights. Conditioned upon completion of each of the following: (i)
installation and the establishment of an account Nvith Duke Energy; (ii) at least 75% of the
homes being occupied by private owners; and (ii;.) all common areas being built to 100%
completion, the City agrees to reimburse the Developer for the maintenance and operation of the
decorative street lights in an amount equal and strictly limited to the Street Light Base Rate, The
City shall not be obligated to reimburse Developer until each of the preceding conditions is met,
The City :shall make the reimbursement on a quarterly basis. 111-lowever, with respect to any
increase in the IlUrnber of street lights above the number that were actually installed for
Developer at the effective date of this Agreement, the City shall not be responsible for the Street
Light Base Rate for the additional street lights unless the City agrees, 'n its discretion, that the
additional light(s) were recuired to bring Developer's street light plan into conformance with
Duke Energy's standard photometric requirements, Further, reimbursement shall only be
made for those street lights that are operational and only where Developer has pr
mvided to the
City proof of payrrent-
N.ighborhood Street Sign and Light Iniprovernent Agreement
City of Winter Sprinas—Arnberly (KB Hornes)
Page 3 of 7
Section 6. Title to Street Signs and ljghl , The right, title and interest of the
decorative street signs shall be vested in the City, T he right, title and interest of the decorative
I Z:�
street lights shall be vested in Duke Energy, Developer shall have no property interest in the
decorative street signs and street lights.
Section 7. Aasinmentof Areenient. Upon Developer's 100% completion of the
Development (no onsite construction occurring or equipment remarnin-) and turn-over to the
Development's Horneowners" or Community Association ("Association"), Developer shall
assign this Agreement to the Association and the Association shall be responsible for the
Developer's obligations and commitments contained herein.
Section 8. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Winter Springs Code' The
parties agree that venue shall be exclusively within Seminole County. Florida,�'
I County. for all state
disputes or actions which arise out of or are based upon this Agreement., in Orlando, Florida.,
for all such federal disputes or actions.
Section 9. Amendments. This Agreement shall not be modified or amended except
by written agreement executed by all parties hereto and approved by the City Commission or
City Manager of the City of Winter Springs.
Section 10. Enfire-Agreem mt, Headin s, This A-reernerit contains the entire
agreement between the parties as to the subject matter hereof. The Agreernent may only bind the
City if executed by the City Manager or Mayor of Winter Springs, Paragraph headings are for
convenience of the parties only and are not to be construed as part of this A�reemcnt. Ali
references to whole paragraph numbers (e.g. 2 shall include all subparagraphs thereunder (e.g..
2.1), t-- Z-1 k
Section 11. eyerabifitv, If any provision of this Agreement shall be held to be
invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have
the unconditional right to terminate this Agreement, modify this Agreement with the
Association's consent, or remain in the Agreement as M. odified by the court.
Section 12. Sovereign zRniunitv, Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768,18, Florida
Statues, or any other Hirritation on the City's potential liability under state or federal law, Said
rights and limitations shall be deem ed fully incorporated herein by this reference,
Section 13. Notice, All nonces and correspondence in connection with this
Agreement MUst be in writing. Notice and correspondence shall be sent by first class mail or
hand delivered at the addresses set forth bell oNN7
shall ll designate to each other in writing,
or at such other addresses as the parties hereto
Neighborhood Street Sign and Light Improvement Agreement
Citly of Winter Springs—Arnberly (KB Homes)
Page 4 of 7
a) If to the City:
City Mariager
City of Winter Springs
H 26 East State Road 434
Winter Springs., 32708-2799
407-327-5976 (Phone)
407-327-6695 (Fax)
(b) If to Developer:
K13 Home Orlando, LLC,
9102 Solithpark Cen�er T000 #100
Orlando, FL 328]9
4f'1-58'/ 34-9-7-'---'--
(Phone)
(Fax)
Section 14. Waiver Any forbearance by the City in exercising any right or remedy
under this Agreement shall not constitute a waiver of or preclude the exercise of any right or
retned-v.
Section 15. essmenL
Developer agrees, acknovv edges and recognizes that any breach of this Agreement by Developer
may result in irreparable harn-i to the City. Developer agrees that in addition to and n'ot in lieu of
all legal and equitable remedies available to City, by reason Of Such breach, City shall
I I be entitled
to equitable relief (including, without limitation,
specific performance and injunctive relief) to
enjoin the occurrence and condition of the breach. I-lurther, in the event Developer fails to make
any, payments that are required herein, Developer acknowledges and agrees, that the decorative
street signs and street lights provide a special benefit to the Association and its inernbers and that
said special benefit is shared proportionately by all property owners within the Development, In
the event that the City deten-nines that Developer has not made the payments required by this
Agreement, the City reserves the unconditional right to assess Developer and the Development's
individual property owners for Dcveloper"s costs for the decorative street signs and street lights.
In the event the City is required to initiate an assessment, -Developer agrees to fully Support the
assessment and Developer shall not contest, challenge or intervene in the assessment process.
Further, in the event that Developer defaults on any street light account with Duke Energy
-,vhich is covered by this Agreement, the City shall also, at its sole discretion, have the right to
transfer said a(x* ounts into the City's name and thereby assume all the rights afforded an account
older.
Section 16, Attorneys Fees. The prevailing party in any litigation arising under this
Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs,
whether incurred at trial or appeal,
F orni 04/12 -Neighborhood Street Sign and Fight ight Iniprovement Agreernent
City of Winter Springs—Aniberly (KB I lonles)
I ,
Dage 5 of 7
IN WITNESS WHEREOF, the parties have executed this Agreerne-nt as of the date first
written above,
WITNESSES:
DEVELOPER
B y:
4/
Print Name 0 fr'
lf6 go/we / ' d6i Z Z
Print Name
STATE OF FLORIDA
COUNTY OF
The foregoin rumqn
9 inst t was acknowledged before me this dav of
eve 4e
lei
20/� , by
ho executed the foregoing
instrument and acknowledged before me that rhe-—executed the saine for the uses and purposes
therein expressed and B who is personally known to me or El who has produced
as identifilcation and who did not take an oath,
(NOTARY SEAL)
MICHAEL EDWARD STEPH8NS
6
My COMMISSION#EEO 121
Nota.r Public Signature
A,
EXPI u
RES J7,2014 Y
L t M 2 U li!�I A I I I il S a I J
x
Typed, or Printed Notary I me
('11TY, OF WINTER SPRINGS,
a Florida 'N'Aunicipal
Corpor2tion.
Print Name
By
I-onn 04/12 Neighborhood Street Sign and Light finprovenient Ag'reen-lent
City cj'Winter Springs—Arilberly (KB lionies')
Page 6 of 7
0q, Man�b<yer
Print Name
STAI'E, OF 1,i LORIDA
COUNTY OF SEMINOLE
The foregoing instrunnent was acknowledged before tne this day of
20 by_______, City Manager of Winter Springs, Florida, who is personally
known to me.
(NOTARY SEAL)
Notary Public Signature
I yped or Printed Nota-ry Nante
1-(--,rni 041`12 Neighborhood Street Sign and Light Improvement Agreement
Cily ol'Winter Springs—Ambefly (K R Homes)
Page 7 of 7
P"IDgrest Enterway �
PE Proposal
Contact: Cecil cabs, Jr.
Address: 2861 W&R 426 Oviedo,Fl 32766
Phone: 464-359-4435 December 3, 2012
Project is°°
U t mer K Home Orlando, LL: Install 1
2-Victorian street€i ht poles and 32- Biscayne t xtures
60unt: 2429-8286
Site: Amber€y
Contacts Cecil Roberts.Jr,
Phone' 407-359-445
Per It
Quantity Pt du t Description i Fuel
Required Fixtures and Poles € l t, it Sub-Total Energy Total
12 100W HPS BISCAYNE L95 X14.17 1,72
12 16'VICTORIAN 11 L PL 161 � X19,47 $233.64
$1 '..67 $6.66 $0.06 $13.07 $156.84
4
6.6 OO
0.00 $0,00
$0.00 $0,06
9.66 $0.00
$0
WOO
01,96 $0.00
Rental,Maintenance,F&E Tots;s. $328.88 $20.64 $42.qe
q Project Estimated Vionthly Rental $390,48
summefy t Deposit $781600
Estimates valid for 30 days and subject to orange. Totals
&E-atImated Monthly Rental excludes applicable taxes, franchise fees and anY customer charges.
f Deposit 4 The deposit Ount equals approximately two months of the monthly rental and will be billed to you sspamtely.
1A - The invoice for the COntlibution of Aid in Construction will be mailed to you separatety upon approval of this prop tss I
and pay€ ent is due before the work can be released t s scheduling otconstructaorr.
� r for s t 1 ffht � f9 hrf� d
f miry hl f r frG f th
s AC charp
a is subject to cla&ngq air 30 days or in the event you mquost or cries°any changss to this proposal,
ft-guess Eno Ty swy call for Ott of all public facilities.Any customer owned utt"lites mull nood to he lOWS-d and rr-arlted at your expense
tt airy or a,t of those lighting facorities wX eventuetly be subolitt d to a traverra ntal agency y for inclusion into s taxing&sevdt,I STU ar lwS a specie;
t
k FIFTH REVISED SHEET NOa 7110
CANCELS FOURTH REVISED SHEET NO,7.190
Page 9 of
LIGHTING SERVICE CONTRACT
ACCOUNT NUMBER
24209-B2085
WORK Cs t)E UMSER
CUSTOMER NAME.l B HOME ORLANDO, LLC 316157
S RV110E LOCATlON(S):AMBERLY, PARCEL 14B FER TACTACT
(Sts eel address,cRy/county,Company account number it established) CECIL ROBERTS,J .
This Lighting Service Contract('Contract') is hereby entered into this 16th day of Novernber 2012,between Progr s Energy
Florida, Inc. (hereinafter called the Company) and KS Home Orlando, LL (hereinaft �r referred to as the "Customer) to,,
lighting service at the above location(s). The Customer agrees to receive and pay for lighting service from the Company in I
accordance with the rates, terms and provisions of the Compan)(s Rate Schedule LS-1, or Its successor, as the same is on
file with the Florida Public Serrvice omission(FPS C)and as may be amended and subsequenfiy filed with the FPSC, T
the extent there is any conflict between this Contract and the Lighting Service Rats: SChedule, the Lighting Rate Schedule
shall central.
The Customer further understands that service under this rata shall be for an initial term of ton 1 )ears and shall continue
hereafter until terminated by either party upon written notice sixty(fift)days prior to termination,
The Company shall install the following facilities(hereinafter called the Facilities);
Fixture Type and Number Installed.,
92- Biscayne
Pole Type and Number installed:
92 - Victorian
Additional facilities:
ISSUED Y° JOvt r J.Fortuando,Manager{Regulatory Services-Florida o LSnt
EFFECTIVE,,J rum—y 9,20 •
SECTION NO,W`l
THIRD REVISED SHEET CEO.7A,11
CANCELS SECOND REVISED SHEET KM 7.111
Rate per Month: Page 2 of 4
The monthly charges consist of the iterrns below. These charges may be adjusted subject to review and approval by the
Florida Public Service Commission,
Customer Charge
Pole Charge
Light Fixture Charge
Light Fixture Maintenance Charge
Energy and Demand Charge
Non-fuel Energy Charge
Plus the Cost Recovery Factors listed in
Rate Schedule A-1,SiNkg Adjustments",
except the Fuel Cost Recovery Factor: See Sheet No,6.t06 and 6606
Fuel Cost Recovery Factor": See Sheet No.6.105
"Charges are normallyrovised on an annual basis,
Additional Charges.
Certain additional charges may also apply to the installation,
Gross Receipts Tax Facto,: See Sheet loo.6.105
Right-of-gray Utilization Fees. See Sheet No,6108 �
lurnicipal Tax: See Sheet loo.6.106
Sales Tax: See Sheet Flo,6.106
THE CUSTOMER AGREES:
t, To purchase from the Company all of the electric energy used for the operation of the Lighting System,
2. To be responsible for paying,when due,all bills rendered by the Company pursuant to the Company's currently effective
Lighting late Schedule LS-t,or its successor,for facilities and service provided in accordance with this Contract,
6, To be responsible for tramming trees that may either obstruct the light output from Wure(s)or that obstruct maintenance
access to the facilities.
IT IS MUTUALLY AGREED THAT:
4, Requests for exchanging facilities,upgrades, relocations,etc,are subject to Section 113, paragraph 3,0 s,of the
Company's General Roles and Regulations Governing Electric Service.
a
1 6, The Company does not guarantee continuous lighting service and will not be liable for damages for any interruption,
deficiency or failure of service, and reserves the right to interrupt service at any time for necessary repairs to Braes or
equipment. Nothing in this Contract is intended to benefit any third party or to impose any obligations on the Company o
any such third party. I
6, Installation shall be made only when, in the judgment of the Company,the location;and the type of the facilities are,and
will continue to be, easily and economically accessible to the Company's equipment and personnel for both construction
and maintenance. In the event the Customer or its contractor, subcontractor or other agent changes the grading,which
requires the Company to move its facilities or otherwise incur costs to ensure compliance with applicable code
requirements, Customer shall corn ensats the Company for all such costs incurred by the Company to comply with any
applicable code requirements, in the event Customer fails to pay the Company within 30 days of the completion of such
work,Customer shall pay the Company any amounts owing the Company,including Interest and any attorneys and other
fees and costs the Company incurs to colied any amounts owed to the Company,
r
l
7, Modification of the facilities provided by the Company under this Contract may only:be made through the execution of a
vAtern amendment to this Contract,
s
l
5SSUE 'fit fir , at or d rt IYto °s e I=I r a
EFFECT WE, January t,2006
� c -
F e%'J a t,: „ ` SECTION NO. Val
b
x
THIRD RE SED SMEET NO,7Al2
CANCELS sE~ to REVISED SHEET NOl 7:112
Page 3 of
£. the Company will, at the request of the Customer, relocate the lighting facilities Covered by this Agreement, if provided
sufficient rights-of-way or easements to do so. The Customer shall be responsible for the Payment of all costs
associated with any such Customer-requested relocation of the Company's ligfitirljg facilities,
g. The Company may, at any tame,substitute for any lumi naive/lamp installed hereunder another luminairetlarrnp which shall
be of at least equal illuminating capacity and efficiency.
10. The Customer agrees to take responsibility for the cast incurred to repair or replace any fixture OF pole which has been
willfully damaged. The Company shall not be required to make such repair or replacement prior to payment by the
Customer for damage.
11, The Company will repair or replace Malfunctioning lighting fixtures maintained by the Conn any in accordance with
Section 768.1382, Florida Statutes(2005).
12, This Contract shall be for a term of tern (1 0) years from the date of initiation of service, The date of initiation of service
i shall be defined as the date the first lights are energized, At the end of the term of service, a new Contract will be
required.
13, Should the Customer fail to pay any bills due and rendered pursuant to this Contract or otherwise fall to per$o the
obligations contained in this Contract, said obligations being material and going to the essence of this Contract,r tine
Company may mass to supply electric energy or service until the Customer has aid the bills due and rerndered or has
fully cured such other breach of this Contract. Any failure of the Company to exercise its rights hereunder shall not be a
waiver of Its rights. It is understood, however, that such discontinuance of the supplying of electric energy or service
small not constitute a breach of this Contract by the Company, nor shall it relieve the Customer of the obligation to
perform any of the terms and conditions of this Contract,
toe If the Customer no longer washes to receive service under this schedule, the Customer may terminate the Contract by
giving the Comparyy at least sib ( 0)days advance written notice to the Company. Upon early termination of service,
the Customer shall pay an amount equal to the remaining monthly customer charges and remaining pole and fixture
lease amounts for the term of the contract. The Customer will be responsible for the cost of removing the facilities.
15. In the event of the sale of thereat property upon which the facilities are Installed,Or if the Customer's obligations under
this Contract are to be assigned to a third party, upon the written consent of the Company , this Contract may be
assigned by the Customer to the Purchaser or to the third party. No assignment shall relieve the Customer from its
obligations hereunder until such obligations have been assumed by the Purchaser or third party and agreed to by the
Cornpany.
16, This Contract supersedes all Previous contracts or representations, either written, oral or Otherwise between the
Customer and the Company with respect to the facilities referenced therein and constitutes the entire Contract between
t the parties, This Contract does not create any rights or provide any remedies to third parties or create any additional
duty,obligation or undertakings by the Company to third parties,
IT This Contract shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and the I
Company.
18, This Contract is subject to the Company's °sriff for Retail Cerarice, or as they May be hereafter revised, amended or
t supplemented. In the event of an con between the terms of this Contract and the provisions of the Company's Tariff
for Retail Services, the provisions of the Company's T ariff for Retail Service and FP SC Rules shall control, or as they
may be hereafter revised,amended Or Supplemented,
xi
n
#SSUED BY. Jawfl r Jt "ortuorvdo,Manager,Regulatory Services-Florida
F E TOME: January 1,2006 LS-1
SEC'NON NO,VII
THIRD REVISED SHEET (D3 7.113
CANCELS SECON11 RIEVISED SHEET NO.7.113
Page 4 of
19. The obligation to furnish or purchase service shall be excused at any time that either,party is prevented from complying
with this Contract by strikes,lockouts,fires,riots,acts of God,the public enemy,governmental or court actions,lightning,
hurricanes,storms,floods,inclement?weather that necessitates extraordinary measuFas and expense to construct
facilities and/or maintain operations,or by any rather cause or causes not under the aontrol of the party thus prevented
from compliance,and the Company shall not have the obligation to furnish service if it is prevented from complying with
this Contract by reason of any partial,temporary or entire shut-down of service which;, fin the sole opinion of the
Company, is reasonably necessary for the purpose of repairing or making more efficient all or any part of its generating,
transmission, distribution or rather electrical equipment,
0, In no event shall the COmPanY, its parent corporation, affiliate corporations, officers;, directors,employees,agents, and
contractors or subcontractors be liable to the Customer, its employees, agents or representatives, for any incidental,
indirect, special, consequential, exemplary, punitive or multiple damages resulting from any claim or cause of action,
whether brought in contract,tort(including,but not limited(o,negligence or strict ha M y),or any other-legal theory,
IN WITNESS WHEREOF,the parties hereby caused this Contract to be execrated in triplicate by their duly authorized
representatives to be effective as of the day and year first written above,
Charges and Terms accepted;
PROGRESS F-NERGY FLORIDA,INC.
Customer(Print or type name of Organization)
By: (Signature) 4P
���gruat�are�
Cecil Roberts,Jr.
a
(Print or type name)r (Print or type rtarn )
late: _ Tifle:l�istributlFora asigr Specialise
k
3
J
ISSUED Y' Javier 1 P rt onde,Manager,Ragui topr Services-Flonda �r.-
FFECTI ' . January 1, tt L ni