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HomeMy WebLinkAboutFlorida Public Utilities Company Deposit of Facilities Agreement -1981 01 29 .. ~ FLORIDA PUBLIC UTILITIES COMPANY DEPOSIT OF FACILITIES AGREEMENT This Agreement executed in duplicate as of th~ 29th day of January 29, , 19 81 by and between Florida Public Utilities Company, a Florida Corporation, hereinafter referred to as the "Company", party of the First part and city of winter sprinqa Public ~ork. Dept. hereinafter referred to as the "Customer", party of the second part, witnesseth: Whereas, the Customer is desirous of securing an extension or increase of the facilities of the Company as hereinafter described; and whereas, the Company is willing to make such extension or increase; Now, therefore, in consideration of the respective and mutual covenants and agreements contained herein and hereinafter set forth, the parties hereto agree with each other as follows: 1. The Company will extend or increase its facilities as follows: Run approxiute 35' of service Lor heat only at .orner of~et and P1a.ingo street winter springe, Florida The Company will commence the extension or increase of its facilities forth- with after the execution of this Agreement and use its best efforts to complete the extension or increase of its facilities as soon as reasonably possible provided, however, that the parties expressly agree that the Company shall not be liable or responsible for any delay caused by or resulting from shortages or .unavailability of material or labor, or for any other hindrance or delay beyond the control of the Company. 2. To compensate the Company for the cost and expense of the afore- said extension or increase of its facilities in accordance with the Company's Rules and Regulations for extensions, the Customer simultaneously with the execution of this Agreement has paid to the Company the sum of $77.50 , the receipt of which hereby is acknowledged by the Company. The parties agree that said sum was paid by the Customer to and received by the Company in ac- cordance with the Company's Rules and Regulations for service requiring ex. tension of facilities within the service area of the Company in Palm Beach County, Florida. The Company's Rules and Regulations as filed with and ap- proved by the Florida Railroad and Public Utilities Commission are made a part of this Agreement. In addition to the refund provision of the Company's Rules and Regulations, the Company will refund within five years to depositors for extension or alterations required for space-heating only service in accordance with the provisions of Section 7 Free Extensions and Other Extensions if such customer fulfills the conditions of Section 7 within this period by the installation of additional equipment. 3. The parties agree that the Company shall at all times have title to and keep ownership and control in and over the aforesaid extended or increased facilities, including but not limited to all new materials and equipment installed therein, and the parties agree further that the Company shall have the sole and exclusive right to use the extended or increased facilities for the purpose of serving other customers of the Company. 4. After the extension or increase of the facilities described above, the Customer agrees that subject to all applicable terms, provisions, rights, duties and penalties, the Customer will in the usual manner and at the usual times pay for the utilities and services delivered to the Customer by means of the extended or increased facilities in accordance with the Company's tariffs filed with and approved by the Florida Public Service Commi8sion. , .. '".~ DEPOSIT OF FACILITIES AGREEMENT (Continued) 5. . The parties agree that no representation, warranty, condition, or agreement of any kind or nature whatsoever shall be binding upon either of the parties hereto unless incorporated in this Agreement; and the parties alree further that this Agreement covers and includes the entire alreement between the parties. The parties agree that all covenants and alreements contained herein shall extend to, be oblilatory upon and inure to the benefit of the parties hereto and their respective heirs, lelal representatives, successors and assigns; provided, however, that the Customer may not transfer or assiln all or any part of this Alreement or any rilht which he may obtain hereunder, without first obtaininl the written consent of the Company. In witness whereof, the parties hereto have executed this Alreement as of the day and ye4r hereinbefore first written. FLORIDA PUBLIC UTILITIES COMPANY Cust By' A"f?~ Its Alent . By'