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Home My WebLink AboutPSI Energy expires 01-2011 A~l.~]eement Identification 'T E~U. il~ment EQ 5500004 I Aug_u. st 21,200i [Associated A~eement [ Ener~ EU ~500004 ...................................... ] ................. ~g~_~)..,:;~.~ ................... OUTDOOR LI~HTIN~ SERVICE AGREEMENT Unmetered Outdoor Lighting Se~ice with Equipment be~een PSi Energy, ~ ~, ~ain Street~ ~lainfi~la, ~ a subsidia~ of ~~ Corp and Se~ice Ci~ ~ 3effersonville iState ~IN ]Zipcode j47130 . Bng Address ............................ ~Z_~__~:~Z.~-~[ ..................................... -"~'~;~ ................... '"-'~-- Office of the City Clerk ..................... AGREEaENT SUmmARY [ Date Agreement signed by Customer (~.~. ~ ............................ ~_._..]_~ ...................... ................................................. ~--...-..7 ............... , ~ ~ _ ~' Se~ice Commenced (System OperatiOn Began) December, 200i ] tr ................................................................................................................................................... Exp ration of Imtlal .................................................................... Term Janua_~, ........................... 2011 ' ............................ j ................................... Mo/Day.ear { ~ ........................... q ...... " Annuall Mo/Day.ear ~ Renewal Anmversa~ After Imt~a~ Exp~mbon ~ Y ...................... ] Facili~ Installation Original Invoice Num~Z ............................... L ................ ] ........ -~..~-~,-~ ................... Usa e E ui merit and Ma ntenance and Opemt ona ncluded in these Cos~ ~TES SL, AL SE TotaMonth y Cost for add t ona 9hts on Eo e ~ Not AEpl[cable for th~s Rate ............................ for o es ~ Not A~Rhcable for th~s Rate Total M0nth y Cost for addit ona Seconda~ Condu~or Se~ents ~ N o t ~ ~{~'i~]~-~;~ ....... ~ ............... ~' ~i-'-~i"~t mate for terns st above ~ Not AERlicable for this Rate ~ Total Mo t y .::....~ ................. . ................. : ................................................................................. ~otal Month O erat ~ ........ g.....~ ............................................................................................. ............................ ~-.-~ ................................................ ~ ·. " 0 Total Monthl~ Pole A~achment F~_~9~ ~_~ ................ · * .........: .................... ~ ............... Co~-' ~ Initia~ Term $ 996 10 ~ AEer Initial Te~ .~ $141.48 j ~ Total Equipment a~.~amtenan~ ...................................................................... ..L .................................................................... * RefertoAgreementSection3.4, page3forrefe~ence. **Does not Include Applicable taxes or Base Fuel Cost, Fuel Cost Adjustmenl or other rate tariff rider adjustments that will be applied to rnonth/y bill. OUTDOOR LIGHTING SERVICE AGREEMENT This Outdoor Lighting Service Agreen~ent ("Agreement") is made and entered into by the subsidiary of Cinergy Corp named below PSI ENERGY, NC 1000 E. MAIN STREET PLAINFIELD, INDIANA 46168 hereinafter ("Company"), ........................................................... ~-~6 .................. ''' ...... ~ .................. CITY OF JEFFERSONV LLE JEFFERSONVILLE, IN 47130 hereinafter ("Customer.") ........................................... --(~ ~ ~"~'~'~-st-~ ~ii ....................................... as of the ......... .2..1..s_t ......... day of .................... A...U_G__U__S_.T. ........................ _2_00_1. .......... ("Effective Date"). Dav Month Year The term "Company" as used in this Agreement shall mean the subsidiary Company of Cinergy Corp which is indicated in this Agreement. Neither Cinergy Corp nor any other affiliated companies are paKies to this Agreement. WITNESSETH: WHEREAS, Customer desires to have a Company owned outdoor lighting system on designated property; and WHEREAS, Company has the ability to install, operate and maintain an outdoor lighting system, NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I. EQUIPMENT AND INSTALLATION 1.1 In accordance with conditions set forth herein, Company agrees to install for Customer all necessary equipment to provide, operate and maintain an outdoor lighting system. The cost of any additional electrical facilities required to provide energy to the System will not be included in the monthly terms of this Agreement. t.2 The "Schedule of Rates, Classifcations, Rules and Regulations for Electric Service" or General Terms and Conditions of Company flied with and approved by the appropriate state regulatory entity, hereafter, "Commission" and ali amendments thereto, shall be deemed a part of this Agreement as if fully set forth herein. 1.3 A detail of the locations of the equipment constituting said outdoor lighting system, (hereinafter "System') is set f°rth in a drawing °r print marked EXHIBIT 'A', which is attached, and made a part hereof as if incorporated herein. 1.4 The System consists of the following lighting equipment. SECTION I. - A. POLE INFORMATION ~Blank S.p_aces = Not A.RDlicable) _. ......................... l----ZT~-~--Z~Z~-2~-~2~l~-~6Z[~--~T~TT~F6[Tg~.A~T~6~6~-} -'~6-~-~r_~-~y~-T--'-~F~-~'- f6i=;~[- '"{~;~"~r';-'~'T~'~'-~'-r"'""-~-E~-~7~%'6~-' ALUM ~' 12 FT / AB ! 12 , INCL BELOW ~INCL. BELOW BANE E_R_A_~M .. _..L ......_.0._0.5__01_.0_5_0~ ~9~.........! ..................... ~I ............................................................................................ . ......................................................... ]"'"~5'[i[~[]';'"'"'""[~;"~'~"['-"~'[~§i~['~)'ff'-~'"i~5'§~EACH i MAINT-OPERATION I LINE TOTAL DK GREEN COLOR ............................... ~ ...................... [ ................... ~ ........................... f .................................. I TOTAL BASE LUMINAIRE AMOUNTI $ 996.00 ................ ;~;'~;; T+;;'~[;;~-~;' ................ ~'"--~-~';'~-~'""-']"'""~'~'[~ [ ................... ' ...................................... F-"-'~OTAL BASE CHARGE FOR EXT~ CONDUOTOR LENGTH8 L $ o.oo SECTION II. LI6HTIN6 ~YOUT DESIGN OISC~I~ER {CUSTO~EE TO SlSN WHEN APPLICABLE) Company has installed the System in accerdan~ with Customers specifications concerning the design and layout (including pole locations, number and types of lights). Company has not designed the System. Cus~mer is ~sponsible for all aspects of the design and layout of the Sys~m. Customer unde~tands that its design and layout of the System may not be in ac~ance with minimum footcandle and lighting uni~rmity standards as ~mmended by the Illuminating Engineeffng Socie~, a nationally ~c~nized authoffty on lighting design. Cuslomer ag~es to ~lease, indemnify, hold ha~less, and defend Company f~m and against any and aB claims, demands, causes of a~ion, liabilities, losses, damages, ancot expenses ~sulting from (or alleged to ~suft ~m) the design an~or layout of the System, including damage to or destruction of pe~onal p~pe~, personal injuries ,, (including death), and ~asonable attorneys' fees. " PAGE 2 OF 4 OUTDOORLiGHTINGSERVICEAGREEMENT REVISION MAR. 2001 AGREEMENT NUMBER___ E_Q_.55..(~__00~____.MO/YR ..A._U_G_/ 2_.0_0_1 .... OUTDOOR LIGHTING SERVICE AGREEMENT SECTION III - SYSTEM MAINTENANCE PERFORMED BY COMPANY 3.1 Normal maintenance includes the replacement or repair of any item included in the System. Maintenance is performed after notification from the Customer that a problem exists and/or on a Company scheduled maintenance cycle. Company will stock only the most common equipment and parts. 3.2 Normal maintenance covers ordinary wear and tear with proper use of the System. Repairs or replacements requested as a result of Customer action will be performed on a time and material basis cost to the Customer where an estimate of costs will be provided to the Customer before the work begins. Company reserves the right to charge Customer for repair costs incurred due to vandalism. 3.3 Maintenance does not include partial or full System replacement or major repairs due to System age. While many Systems last 15 to 25 years, different types of lighting equipment have different life spans. Lighting equipment manufacturers also discontinue equipment from time to time. End of life for a System will be determined by the Company and discussed with Customer. 3.4 This item (3.4) is appliceb[e to this Agreement..._.Y_E~S__. (Yes or No). When applicable, Company reserves the right to update or modify the monthly maintenance charges to reflect changes in Company costs for materials and labor no more often than every three years, in these unique Systems the monthly maintenance charges may be based on location, lamp source and wattage, luminaire and pole styles that are uncommon to Company known standards. SECTION IV - PAYMENT 4.1 Customer hereby agrees to pay Company the monthly costs set forth in accordance with the applicable tariff rate for the term of the Agreement. The estimated monthly amounts due are summarized on Page 1 of this agreement and are current at the time the Agreement was initiated. A monthly bill will be rendered and due each month in accordance with the applicable tariff rates and rules. 4.2 Should any change in the monthly costs be ordered by the local Commission, payments bY Customer to Company for service shall thereafter be made upon the basis of such new rates as changed and approved by the Commission 4.3 in addition, Customer shall reimburse Company any applicable third party pole contact fees, as specified in EXHIBIT B, Item 10, Page 4. The poles to which this applies will be identified on EXHIBIT 'A' or on a drawing showing the pole locations. SECTION V. - TERM OF AGREEMENT 5.1 Service under this Agreement shall commence as soon as practicable, and Company sha~l notify Customer in writing as to the date on which service hereunder will commence. 5.2 The initial term of this Agreement during which Customer shall take and Company shall render service hereunder shall be__T_E..N___.(.1..0_ )__ years from the date when service commences hereunder ("Initial Term'), and after the Initial Term this Agreement shall continue in force and effect for successive terms of .... _O__N~E ..(1._)__ year(s), unless terminated by either party ("Extension Period"). Either of the parties upon at least ............ _SIX~'I~_(.6~.____ days' prior written notice to the other may terminate this Agreement at the expiration of the InitialTerm or at the expiration of any successive - ONE____~I_I__' year(s), term, unless either party is in default or breach of this Agreement. SECTION VI. - OTHER TERMS AND CONDITIONS 6.1 The Other Terms and Conditions set out on EXHIBIT 'B', page 4, hereto are incorporated by this reference and made a part of this Agreement as if stated fully herein. 6.2 This Agreement constitutes the final written expression of the terms and conditions of the Agreement between the part[es. It is a complete and exclusive statement of those terms and conditions, and this Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, with respect to the System provided by this Agreement; However, nothing herein shall preclude the right of either party to commence an action for any unpaid bills, other damages, or any breach of such prior agreements during the time the same were in effect. 6.3 This Agreement, the construction of this Agreement, all rights and obligations between the parties to this Agreement, and any and all claims arising out of or related to the subject matter of this Agreement (including all tort claims), shall be governed by the laws of the State in which the service is rendered without regard to the conflict of law previsions. 6.4 IN WITNESS WHEREOF, Companyand cust°mer have ceused this Agreement t° be executed by their duly auth°rized representatives; effective the day, month and year first written above. COMPANY CUSTOMER PSI ENERGY, INC. CITY OF JEFFERSONVILLE IINDIA_NA_~. Signed _~ _.~_~__~-- Signad __~_:..~_.v___~._..-~____l~_ .__.~1-_-~-~-'''''%~ ~ ~- //~'e'-~'~"4 ~ ............. SANDRA S. LHAMON __"~_-~_~..~_ _~_,._~__~___~L~-4~- .......... (PRINT NAME AeOVE) (PRINT NAME ASOVE) Oatad ......... ................ ................. -- .......................................... If more space is required for Customer signatures, please attach a dated letter with those signatures on it and reference this Agreement. PAGE 3 OF 4 OUTDOORLIGHT[NGSERVICEAGREEMENT REVISION MAR. 200r AGREEMENTNUMBER._...E.Q~55_~)~._0~___..MO/YR A__U_G_./ 200~1 ...... OUTDOOR LIGHTING SERVICE AGREEMENT EXHIBIT 'B' - OTHER All facilities installed by Company to provide the System under this Agreement are and shall remain the property of Company in the rights-of-way provided by the Customer, and the termination of this Agreement for any reason whatsoever shah not in any way affect such ownership by Company, nor deprive Company of the right either to remove any or all property comprising the System or any part thereof or to use the same in or in connection with the rendering of other service by Company. if Customer requests part or all of the System's removal before the end of the System's useful life, including by reason of termination of this Agreement, Customer must pay Company's unrecovered costs of the System minus any salvage value, to be determined at the sole discretion of Company, plus System removal costs. The obligations of Customer to pay the monthly invoice and any applicable late fees or any amount due and owing to Company as a resuht of this Agreement or in connection with the rights and privileges granted hereby, are independent of the liabilities or obligations of Company hereunder. Customer shall make all such payments due to Company without any deductions, setoffs or counterclaims against such payments on account of any breach or default by or claims against the Company pursuant to this Agreement or otherwise or on account of any claims against or default by any third party. Company's installation of the System is contingent upon obtaining adequate written easements if necessary, and Customer agrees to assist the Company when necessary in obtaining adequate written easement covering permission to install and maintain service lines and facilities required for serving and providing the System. Company is an independent contractor and not an agent or employee of Customer and nothing contained iR this Agreement shall be so construed as to justify a finding of the existence of any relationship between Company and Customer inconsistent with that status. Company shall have exclusive control of and responsibility for its labor relations. Company does not warrant nor guarantee the safety of Customer or any third party, nor does it warrant or guarantee the security of Customer's property or any third party property, lighting levels, or uniformity of lighting as a result of Customer's use of the System. Company is not liable for any injury to Customer, or any persons or property arising out of the System use. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EITHER EXPRESSED OR IMPLIED, PROVIDED BY COMPANY TO CUSTOMER. If a breach or default occurs, the non-braaching party shall provide the breaching party with a thirty (30) day written notice to cure such default or breach, or if the defect cannot be cured within thirty (30) days, the breaching party shall commence the curs of such defect. If the breaching party fails to cure or to commence the cure of the defect within the prescribed timeframe set forth herein, the non-breaching party, at its sole discretion, shall provide notice to the breaching pady of the immediate termination of this Agreement. Events beyond Company's control, including but not limited to acts of nature, electricity outages, and inability to obtain needed replacement parts, shall not constitute material breaches of this Agreement. The operation or maintenance of the System does not guarantee security of Customer property or that of any third party or nature, including attorney fees, against Customer caused in whole or in part by Customer's own negligence and/or its failure to comply with the terms of this Agreement. It also does not guarantee that initial lighting levels or lighting uniformity will be maintained. Customer desiring a Company installed System on a public right- of-way or on other property not under customer's jurisdiction must provide the Company with written permission from the entity with legal jurisdiction over that right-of-way or property before insfa[[ation will begin. Customer must reimburse Company for any easements to be obtained. TERMS AND CONDITIONS Company reserves the right to refuse to install Company equipment on another's property, however, any Company agreement to install System luminaires or other Company facilities on poles or structures owned by a third entity is contingent upon receiving written consent for such installation from that entity. Customer will be required to reimburse the Company for monthly fees charged for pole contacts for System attachments on poles or structures not owned by the Company (i.e., owned by other utilities or entities). This fee will be imposed only when the System equipment is the only Company attachments on the pole, Additionally, Customer will be responsible for the cost of upgrading or modifying existing poles to allow for clearances required for the System equipment. Company reserves the right not to install Company equipment on any pole or structure other than one installed and owned by the Company. Number of Poles ~ I [Pole Fee Each~L j 11. Company shall not be liable for any claims, demands, cause of action, liabilities, loss, damage or expense of whatever kind or nature, including attorney fees, against Customer for actions involving a structure not Company-owned on which the Company has placed Company-owned equipment at Customer request. Additionally, the Company will not be responsible for any repairs needed by the structure that is not owned by Company. If the structure becomes unsuitable, or unsafe to support Company- owned equipment the Company retains the right to remove the equipment from the structure. If Company equipment is removed under these conditions Customer will owe Company a prorated amount for the removed equipment plus removal costs minus salvage value. 12. When changes are requested by Customer at any time after the System is installed and before the normal end of System life, Company will evaluate and estimate the costs of the changes. The changes will be made after the Customer pays the agreed upon amount if any to make changes. Changes include such items as relocating poles, changing luminaire styles (post top, rectangular cutoff, floodlight), their locations, wattage, and lamp source (i.e., metal halide, high pressure sodium). Any such agreed upon changes will be documented either on a new Agreement or on an Amended Agreement. New equipment added to the System will require a new Agreement. If any part, term, or provision of this Agreement is adjudged to be contrary to the law governing this Agreement by a court of competent jurisdiction, the validity of the remaining parts, terms, and provisions shall Rot be affected thereby. 14. This Agreement, and all the terms and provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, personal representatives, and/or permitted assigns. 15. Each party to this Agreement represents that it is sophisticated and capable of understanding all of the terms of this Agreement, that it has had an opportunity to review this Agreement with its counsel, and that it enters this Agreement with full knowledge of the terms of the Agreement. 16. NO delay of or omission in the exercise of any right, power or remedy accruing to any party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of any future exercise of any right, power or remedy. 17. Neither party shall assign this Agreement without the prior written consent of the other party, which consent, if given shall not relieve the party of making such assignment from full responsibility for the fulfillment of its obligations under this Agreement. PAGE 4 OF 4 OUTDOOR LIGHTING SERVICE AGREEMENT REVISION MAR. 2001 AGREEMENT NUMBER .____E_Q 5~._.0._(~4____ MO/YR OUTDOOR LTGHTZNG ENERGY AGREEMENT between PS! Energy, !nc. 1000 E. Main Street, Plainfield, ZN 46168 a subsidiary of CINErarY. Corporation and · .-~]-s~-~ ;~- ~ ~ ~n-~ - ~ ~7;i.-..- - ,~ .................................................. -~-ff' o F 3 ~s d~ ............................. ............................................. ............................. T ' 3-EFF aSONWLLE ................ i_.~9.~Z..~a ~ .................. ~ ..................................................... rket St & Southern =--;=~nmana ...... ~9~--- .... ' ' e I 12 ~ Ma ........................................................... Se~lce Locatlog_N~,~__._; .................................... Bi n~ame ._~ .............................. ~ .............~- ..................... , ........... .... = ..............................j C/0 Ms Peg~ W' _ Bilhng Address + ....................................... : .... ~----=--; ............................. '-~j~-~'~ ....................... ~ Office of the ~i~ ~erK .................. ~ ............................... : [Z~ code ~47130 -'~iii~Ra~ peffe~onville __]~.....]]~ ............. g. ............ ~ ................... === ENERGY AGREEHENT SUMMARY ....................................................... ' f Li hun S stem .......................... ~ ............. '~¥;:;~=;:; .............. ~ ......................................................... Ownership o g g Y .......................................... ~ ........... V .................. t ........................ ~ ................................... ~ .... ................... ~' ........... ~"'--'~'"'~-]~-~- ~J~ Li-htin" S~stem ~ Number i 10 j Type ~ Undergrouna Date Agreement signed by Customer (Page 4) ~_ · , ~. Mo/Day.ear 1~__.~ Initial Term of this Agreement. (Se~ion VI, Page 4} ............ F___~___]_~_~B~[.] .... ................. ..............................................................................................nced S stem energized and operational) L' ~ Mo/Day.ear ~' Automat c Annual Renewa Anniversa~ ~. Annua y ~ Mo/Day.ear ................................................................... ~ ................................... i~i~--'~-'Ei~(~'"'-T-'"-~A-~'~ ........... · J 12 ............................... ~ ............ .._~g.~er o~]jg~S~..eE6~ap~!.P.g!t~- .................... --.--.--* ............. ~-- 1 4 19 5 · Applicable Tariff Riders and Taxes will be applied. · * Maintenance and equipment from a separate agreement document will be included in the total monthly billing amount, OUTDOOR LIGHTING ENERGY AGREEPlENT This Agreement is made and entered into by the subsidiary of Cinergy Corporation named below pST ENERGY~ INC. 1000 E. MAIN ST.r PLAINFIEL_D.z IN 46168 ("Company"), AND CITY OF JEFFERSONV LLE, JEFFERSONVILLE, N 47130 ("Customer.") ....................................... -~'~%7'E~¥~e-F~' ................................................... 21sT AUGUST 2001 Clnitiation Date). as of the ............................ day of .......... ~y .................... '~$~ .................... F~J ........ AS used in this Agreement the term "Company" shall mean the subsidiary Company of Cinergy Corp. which is indicated in this Agreement. Neither Cinergy Corporation nor any other affiliated companies are parties to this Agreement. WTTNE$SElrH: WHEREAS; Customer desires to have an unmetered electric service to an outdoor street or area lighting system, hereafter, (System). WHEREAS; Company has the ability to supply electric energy for its operation. NOW THEREFORE; in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION Z. in accordance with conditions hereafter set out, Company will provide electric energy for the System when an overhead secondary voltage (:1.20/240V) service drop from an existing, adjacent, overhead secondary conductor is available and adequate. The Customer will be required to pay either an estimated "a d-'n-construction" or a "line extension deposit" when an existing secondary overhead service drop is not available or inadequate to serve the System OF whenever underground service and/or service lines are requested. When the System is Customer owned the Customer agrees to install and operate the system according to the following guidelines. Customer's installation Customer must install and maintain suitable entrance equipment, switches, and protective devices to afford reasonably adequate protection to Company's property and system against fault originating beyond the delivery point to Customer, All such Customer's equipment must be constructed and maintained subject to approval by authorized inspection by local electrical inspector and in accordance with the National Electric Code, any Federal, state or local law, and Company requirements in effect at the time of installation. The use of Customer's equipment must not adversely affect Company's system or service supplied by Company to other customers. Company does not under any circumstances assume any responsibility in connection with Customer's installation, and Customer shall at all times be responsible for the character and condition of such equipment installations. SECT';ON 1ri - HOURS OF OPERATION Options A and B are specific for the lighting System, choose either Option A or Option B for estimating the annual energy usage for the lighting System or for a sign(s). Option C -This option is for Seasonal Ornament Lighting which is connected to ~.20 voLt outlets that are mounted near the top of specific poles. There are limitations attached to the use of providing energy for this purpose. The weight of the seasonal ornament that will be mounted on Company owned poles must weigh 25 pounds or less and use no more than 350 watts of energy. This weight limit is determined by pole height, material and wind loading restrictions based on total weight of all equipment mounted on the pole. Company reserves the right to approve the decoration weight, size and attachment arrangements before the installation on Company owned poles. Seasonal Ornamental Lighting will operate any of the days between November ~.st and January 3~Lst' The energy usage for the seasonal ornament must be either on a dusk to dawn basis or on a automatic timer or controller that operates between the dusk to dawn hours. Customer must furnish the total energy usage for each ornament that will be mounted on a Company or Customer owned pole. The ornaments may be installed and removed on Company owned poles between the hours of 8:00 a.m. and 5:00 p.m. by a qualified electrician or by Company crews that will charge Customer on a time and equipment usage billing basis. OUTDOOR LTGHTTNG ENERGY AGREEMENT SECTZON Z! - HOURS OF OPERATION (continued) (Opt,on cl. ALL HOURS OF THE.O ONE HALF HOUR BEFORE SUNS~ O ['"~;~-~'~';~';~-~]'""l~;~/~-~-'"~"]['~';asonal System: ~ jS,gnage: ~ ] Other:. ]. ............................ ................................ ~iC~'~-['~-~';['~'~' ~ i~T'~'~'~'~]'~2] ~"~';~"~C';'~" .................................... ~ ..................... iooo hours ~ B. Customer Specified Hours of Operation Option B must be on automatic timer or controller Option B Total Annual hours Option C. Seasonal Ornament Lighting Date Begin Annual Operating Hours per Outlet Weekdays a.m. Weekends a.m. Photocontroller Type t NOV. 15th Date End 3an 15c~ Days 61 days 669 iEstimated Wattage Each Ornament 350 watts mated Annual Cost Per Outlet ,0.16($0.85) Requested to remove ornament Estimated Annual Energy Usage Number of Outlets ~ 234 Ornament SECTTON zz'r. - E(~UTpMENT ZNFORbtATTON A detail of the locations of the equipment constituting said System is set forth in a print marked EXHIBIT "A", which is attached, and made a part hereof as if incorporated herein. SECT/ON ltV. MONTHLY BZLL CALCULATION 4.[ Except as otherwise provided in this Agreement, Customer shall pay Company the following base rates per month based on impact wattage (lamp watts plus ballast wattage) at the current energy rate as set forth in the energy only provision for outdoor lighting. INFORMATION SUMMARY FROM EXHIBIT A (LIGHTING SYSTEM DRAWING) Current Rate per Kwh $ ~.._04_3._3.8Z ........... Effective Date of Rate _A.u~_ .2..8L2_0._0.~3_ ....... Current rate per Kwh does not include fuel clause adjustments and other rate tariff riders. *Fuel Clause adjustments,State sales tax :urrent lets will be E applicable which may cause this portion of monthly bill to fluctuate. 4.2 4.3 to the base rate when Monthly big for each luminaire will be based on the following calculation: Lamp watts plus ballaSt watts equals Impact watts. Tmpact watts times estimated annual burn hours as set in agreement equals annual watt hours. c) Annual watt hours divided by 1000 hours equals annual kilowatt hours (kWh). d) Annual kWh divided by twelve ([2) months equals monthly kWh. e) Monthly kWh times current rate per kWh equals monthly dollar amount per luminaire for energy usage. All bills are rendered as "net" bills which will be subject to a late payment charge of 3% of the net bill when not paid within seventeen ([7) days following the mailing of the bill. Company may, at its option, forego the assessment of a late payment charge once each six (6) months where Customer has established a good payment record. In the event any bill remains unpaid for a period of thirty (30) days from the due date thereof, Company shall have the right, following fourteen (:[4) days' prior written notice, to disconnect all service provided for hereunder. PAGE 3 OF 4 OUTDOOR L[GH'r[NG ENERGY AGREEMENT REVISION 5/2000 AGREEMENT # EU 5500004 MO./YR. AUG ~/ 2001 OUTDOOR LZGHTZNG ENERGY AGREEMENT SECTZON V. The operation of the System, if applicable, and the supplying of electric energy therefore shall be in accordance with the following provisions: 5.1 The operation of the Company owned System does not guarantee security of property of Customer or of any third party, lighting levels, or uniformity of lighting. THERE ARE NO WARRANTIES, EITHER EXPRESSED OR iMPLIED, PROVIDED BY COMPANY TO CUSTOMER. 5.2 Company shall not be liable for any third party claims, demands, causes of action, liabilities, loss, damage, or expense of whatever kind or nature, including attorney fees, against Customer caused by Customer's own negligence and/or its failure to comply with the terms of this Agreement. 5.3 Should any change in the rates provided for herein be ordered by the local Utility Regulatory body, ("Commission"), payments by Customer to Company for service as provided for herein shall thereafter be made upon the basis of such new rates as changed and approved by the Commission. 5.4 Any private entity desiring a Company lighting system on a public right-of-way or other public property must provide Company with written permission from the public entity before any service connection will be rendered to the requester. 5.5 The Company's Generai Terms and Conditions contained in its retail electric tariff are incorporated into this Agreement by this reference. SECTZON Vt'. Service under this Agreement shall commence as soon as practicable, and Company shall notify Customer in writing as to the date on which service hereunder will commence. The initial fixed term of this Agreement during which Customer shall take and Company shall render service hereunder shall be one (~.) year from the date when service commences hereunder, and after the initial fixed term this Agreement shall continue in force and effect for successive terms of one (1) year unless terminated. Either of the parties hereto upon at least sixty (60) days' prior written notice to the other may terminate this Agreement at the expiration of said initial fixed term or at the expiration of any successive one year term. SECTZON VZZ. This Agreement constitutes the final written expression of the terms and conditions of the Agreement between the parties. It is a complete and exclusive statement of those terms and conditions, and this Agreement supersedes all prior negotiations, representations, or agreements, either written or oral, with respect to the energy supplied to the System provided by this Agreement. However, nothing herein shall preclude the right of either party to commence an action for any unpaid bills, additional lamps, different wattage lamps, other damages, or any breach of such prior agreements during the time the same were in effect. SECTZON VZZZ. This Agreement shall be governed by the laws of the State in which the System is installed, SECTZON ZX. If any part, term, or provision of this Agreement is adjudged to be contrary to the law governing this Agreement by a court of competent jurisdiction, the validity of the remaining parts, terms, and provisions shall not be affected thereby. SECTZON X. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, or assigns. ZN W]rTNE$$ INH£REOF~ the parties hereto have caused two copies of this Agreement to be executed by their duly authorized agents as of the day, month, and year first written above. COMPANY CUSTOMER/BUSTNE$$ NAME PS! ENERGY, iNC. CiTY OF .1EFFERSONVI~-LE (iNDiANA) Tte: .............. _L ,._G_ H_ T..~_N_ G_. _S _P_E_ .C~.A_ _L_[ .S._T_ ............. Title: ~_~__~__~___ .............. ~ ........................... SANDRA S. LHAMON - E~,IN~-~D~.~P['6-'~'M~-6~ REPRES[NTA"1~-' PRINTED ORTYPED NAME OF REPRESENTATIVE August 2oo -I q'o % .......................................... ................... 6T(f~E,- ...................................................... DATED PAGE 4 OF 4 OUTDOOR LIGHTING ENERGY AGREEMENT REVISION 5/2000 AGREEMENT # EU 5500004 HO./YR. AUG ~_ 2002 Agreement dentification ~ Eclyipment EQ 550000..5. ........ ~ ................~1 .................. &.u_g..u...s..t...2,.~l~..,2.,..0...0...1. ................. ............................................... .T. .t ....... Associated A, reement I Metered Ene[gy ]i t I AUgUSt 21, 2001 OUTDOOR LIGHTING SERVICE AGREEMENT Unmetered Outdoor Lighting Service with Equipment between PSi Energy, I nc. ~000 E. Main Street, Plainfield, IN 48~$8 a subsidiary of ~IN~'JJ~Y, Corp and 8e~ice Address j ....... Billing Name ~ City of Jeffersonv~lle ~'"~"~d'~; ................... ~ .......... office of the City Clerk AGREEMENT SUMMARY Date Agreement signed by Customer (Page 3) [- I Mo/Day~ear ._~r~.~ t~_~..~...]~.~t . (Se~ion V, Page 3) ~ TEN ] = Years ~ 120 ~ = Months Se~i~ Commenced (System Operation Began) I Januaw, 2002 .............................................................................................................................Expiration of Initial Term .~ Februa~ 2012 '.. ao/DayNear Reason for Char~s ~ ............................. ~ ...................... ~ ................ r ........................ Facili~ Installation Original Invoi~ Number .............................. .]__ ........... ~....___g~B_g_Y.B_~ ................. Amount Due Co~ag~ Before S~stem is Made Operational ~ ____j Date Paid ~ "%-~T~i~ ~-a;~T'~T"~i~i~!j~:~'i-~'Fi'~-~"~; ~ ........................... ~ ............................................... ~ ........... ~;i-~;~T~-~ .... ~ '"~-~a-~'~:'~'~-~:~i~ ................................... : .......... :::::::::::::::::::::::::::::::::::: :::::::::::::: ::::::::::::::::~: ...... ~RP!L~Ie~P~LhL~J~ ........... ~ "'~'F~'~'¥~'~ ~'~J'~ "~-~'~:~"~'~'~'~or Segments ~ Not Applicable for this Rate i ..................................... ~-~...~ ~;.-~..-~.... ~-~.-~ ~ ........................................................ ~- ......... ~g~:~~;~; ........ q Total Month Poe A~achment Fees ~ ~ ........... ) .......................................................................... 3 *~ota Monthl Cost Estimate for items list above. ~ .................................. ~9~SA~gE~BJ~ ......... ~ .... ~"~ 2 - Energx Us.a~.e,. is not nc uded in these amounts. Wnen .Aj~p_licable the Assoc ated Agreement s Referenced above, i ....................................... ~ .......... ~';c'~'~-'~,ii";-"~i'"'~n;'~'g"~'stem ntalTerm }- $505.44 -lAfferlnitialTerm ~ $ 0.00 Tota Month Egu~me ~ q B y . ).......L ......................................... ~ ................................................. ~.-.;~; .... :- ~i~'i'l~ ~-~-{'~d-~ ~'~ t e n a n ce Cost ..................... . L. Ln. !.t. La.L _T_e.r.m_ ........ * RefertoAgreementSection3.4, page3forrererence. **Does not Include App/ical~/e taxes or Base Fue/ Cost, Fuel Cost Adjustment or other ra~e tariff rider adjustrnen~ that will be applied to monlh/y bill. OUTDOOR LIGHTING SERVICE AGREEMENT This Outdoor Lighting Service Agreement CAgmement") is made and entered into by the subsidiary of Cinergy Corp named below .............. P_8 IL. _N_E_R..G_Y_ _ I--N_0~. ~ 0_ 0. 0-- .E=..M~-- LN. -8. T- ~ _~_ ~] ~ I-~. ~ ,]~) ~- ~ ~ ~.~ .................. he reinafter CCompa nY")~ AND .................. g I__T~_. _O F__.J._E_F.F_E_R_S_O._N_VI_L_L _E_J.E_F.F_E_R.~ ~ X]~ ~] ~.3Z ~ ................. hereinafter ("Customer.") (Name of Customer) as of the ........ _2_1_._S. t. ............ dayof ................ . _A.U_G~U__.S.T_ ................ _2.o_..o_1 ......... ("Effective Date'). Day Month Year The term "Company" as used in this Agreement shall mean the subsidiary Company of Cinergy Corp which is indicated in this Agreement. Neither Cinergy Corp nor any other affiliated companies am parties to this Agreement. WITNESSETH: WHEREAS, Customer desires to have a Company owned outdoor lighting system on designated property; and WHEREAS, Company has the ability to install, operate and maintain an outdoor lighting system, NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I. EQUIPMENT AND INSTALLATION 1 .~. In accordance with conditions set forth herein, Company agrees to install for Customer all necessary equipment to provide, operate and maintain an outdoor lighting system. The cost of any additional electricel facilities required to provide energy to the System will not be included in the monthly terms of this Agreement. 1.2 The ~Schedule of Rates, Classifications, Rules and Regulations for Electric Service" or Generel Terms and Conditions of Company filed with and approved by the appropriate state regulatory entity, hereafter, "Commission" and ali amendments thereto, shall be deemed a part of this Agreement as if fully set forth herein. 1.3 A detail of the locations of the equipment constituting said outdoor lighting system, (hereinafter ~System") is set forth in a drawing or print marked EXHIBIT 'A', which is attached, and made a part hereof as if [ncorporeted herein. 1.4 The System censists of the following lighting equipment SECT ON I. - A. POLE INFORMATION - ~_B. lank S.~_aces = Not Ap~[~[iceble) POLE STYLE (SHAPE. NAME COMPANY CATALOG D i ......... ~ .... N~' ~ ~D orAB~ [ POLES i EACHPOLE ~- AMOUNT .................................. r"Z]"~]]-~]]]L]]L]]]_]]] ]]]]]DK GREEN COLOR r- BANNERARM _ _ _0. _0.. ~.0j gA0_~_0.. ............................................... L ...................... ..............................TOTAL BASE POLE AMOUNT INCL. BELOW SECTION I. - B. LUMINAIRE INFORMATION ... 0 G..~B~b_u_~.~)R__ T_ dE_~.H i__N~..[.~i6.i]..[- ~p-- , .. ~UNDERGROUND LENGTH iNCREMENTS PER INCREMENT mOUNT TOTAL BASE CHARGE FOR EXTRA CONDUCTOR LENGTHS SECTION II. LIGHTING LAYOUT DESIGN DISCLAIMER (CUSTOMER TO SIGN WHEN APPLICABLE) Company has installed the System in accordance with Customer's specifications concerning the design and layout (including pole locations, number and types of lights). Company has not designed the System. Customer is responsible for all aspects of the design and layout of the System. Customer understands that its design and layout of the System may not be in accordance with minimum footcandle and lighting uniformity standards as recommended by the Illuminating Engineering Society, a nationally recognized authority on lighting design. Customer agrees to release, indemnify, hold harm/ess, and defend Company from and against any and all claims, demands, causes of action, liabilities, losses, damages, and/or expenses resulting from (or alleged to result from) the design and/or layout of the System, including damage to or destruction of personal property, personal injuries (including death), and reasonable aftomeys' fees. ............................... ....................... PAGE 2 OF 4 OUTDOORLIGHTINGSERVICEAGREEMENT REVISION MAR. 2001 AGEEEMENTNUMBER__.E__Q__5.5._0_0_0.0_5.__MO/YR _A_U_G_/ ~2_0.0_1 ...... OUTDOOR LIGHTING SERVICE AGREEMENT SECTION III - SYSTEM MAINTENANCE PERFORMED BY COMPANY 3.1 Normal maintenance includes the replacement or repair of any item included in the System. Maintsnanceisperforrnedaffer notification from the Customer that a problem exists and/or on a Company scheduled maintenance cycle. Company will stock only the most common equipment and parts. 3.2 Normal maintenance covers ordinary wear and tear with proper use of the System. Repairs or replacements requested as a result of Customer action will be performed on a time and material basis cost to the Customer where an estimate of costs will be provided to the Customer before the work begins. Company reserves the right to charge Customer for repair costs incurred due to vandalism. 3.3 Maintenance does not include partial or full System mp!acement or major repairs due to System age. While many Systems last 15 to 25 years, different types of lighting equipment have different life spans. Lighting equipment manufacturers also discontinue equipment from time to time. End of life for a System will be determined by the Company and discussed with Customer. 3.4 This item (3.4) is applicable to this Agreement. _...Y._E_S__. (Yes or No). When applicable, Company reserves the right to update or modify the monthly maintenance charges to reflect changes in Company costs for materials and labor no more often than every three years. In these unique Systems the monthly maintenance charges may be based on location, lamp source and wattage, lumina[re and pole styles that are uncommon to Company known standards. SECTION IV - PAYMENT 4.1 Customer hereby agrees to pay Company the monthly costs set ferth in accordance with the appliceble tsriff rats fer the term of the Agreement. The estimated monthly amounts due are summarized on Page 1 of this agreement and are current at the time the Agreement was initiated. A monthly bill will be rendered and due each month in accordance with the applicable tariff rates and rules. 4.2 Should any change in the monthly costs be ordered by the local Commission, payments by Customer to Company for service shall thereafter be made upon the basis of such new rates as changed and approved by the Commission 4.3 In addition, Customer shall reimburse Company any appliceble third patty pole contact fees, as specified in EXHIBIT B, Item 10, Page 4. The poles to which this applies will be idenfifled on EXHIBIT 'A' or on a drawing showing the pole Iocefions. SECTION V. - TERM OF AGREEMENT 5.1 Service u~der this Agreement shall commence as soon as practicable, and Company shall notify Customer in writing as to the date on which service hereunder will commence. 5.2 The initial term of this Agreement during which Customer shall take and Company shall render service hereunder shall be___T_E..N__.(_I__0_)__. years from the date when service commences hereunder ("Initial Term"), and after the initial Term this Agreement shall continue in force and effect for successive terms of ..... _ON._.~E _(.1__)__ year(s), unless terminated by either party ("Extension Period"). Either of the parties upon at least ........... _SIX_T?._..{ 6_0_}____ days' prior written notice to the other may terminate this Agreement at the expiration of the InitiaITerm or at the expiration of any successive _____O_ .N_~E...~__ year(s), term, unless either party is in default or breach of this Agreement. SECTION VI. - OTHER TERMS AND CONDITIONS 6.1 The Other Terms and Conditions set out on EXHISIT'B', page 4, hereto are incorporated by this reference and made a part of this Agreement as if stated fully herein. 6.2 This Agreement constitutes the final written expression of the terms and conditions of the Agreement between the parties. It is a complete and exclusive statement of those terms and conditions, and this Agreement supersedes all prior cegotiafions, representations, or agreements, either wriffen or oral, with respect to the System provided by this Agreement. However, nothing herein shall preclude the right of either party to commence an action for any unpaid bills, other damages, or any breach of such prior agreements during the time the same were in effect. 6.3 This Agreement, the construction of this Agreement, all rights and obligations between the part[es to this Agreement, and any and all claims arising out of or related to the subject matter of this Agreement (including all tort claims), shall be governed by the laws of the State in which the service is rendered without regard to the conflict of law provisions. 6.4 IN WITNESS WHEREOF, Company and Customer have caused this Agreement to be executed bY their duly authorized representatives, effective the day, month and year first written above. COMPANY ......... _P.S ~_E_N..~..R.G_Y. ,_~ N_ _C~ ................. Signed _ .._ ~_ .,~4~..._ ~('~ _ _~____ _~_..*~_. SANDRA S. LHAMON ............ ~(~T~"~2g ;~g 'o'"v~)" ............. Title LIGHTING SPECIALIST Dated .............. _M. _A_Y_ _2 _4_,_..20_ 0. 2_. .................... CUSTOMER ........ c. I.]~_.O__F_ J..E_.F..F.E_ B_S.O_N_W_L. LA_.([N D__I?. N--A) ........ ' L,')// O°m a a rP, a S 'g n e~~_____~___~.~_..~_. ............ (PRINT NAME ABOVE) D a t e d ___~_-._~_~_'__~ ~ ........................................ If more space is required for Customer signatures, please attach a dated letter with those signatures on it and reference this Agreement. ENERGY FOR THESE LIGHTS ARE METERED, PAGE 3 OF 4 OUTDOORLIGHT[NGSERVICEAGBEEMENT REVISION MAR, 2001 AGBEEMENTNUMBER.____E__Q_.5.5_0.0_0.0_5._..MO/YE .A_U_.G_/ _2.0_0_1 ...... OUTDOOR LIGHTING SERVICE AGREEMENT EXHIBIT 'B' - OTHER TERMS AND CONDITIONS All facilities installed by Company to provide the System under this 10. Company reserves the right to refuse to install Company Agreement are and shall remain the property of Company in the equipment on another's property, however, any Company rights-of-way provided by the Customer, and the termination of this agreement to install System lum[naires or other Company facilities Agreement for any reason whatsoever shall not in any way affect on poles or structures owned by a third entity is contingent upon such ownership by Company, nor deprive Company of the right receiving written consent for such installation from that entity. either to-remove~ny _hr alLproperty~ompdsing-the System_~r_any-.. _ J~,ustomer~,~iii~e-required to~reimburseJhe~;ompany~o~r~meethly part thereof or to use the same in or in connection with the fees charged for pole contacts for System attachments on poles rendering of other service by Company. 2. If Customer requests part or all of the System's removal before the end of the System's useful life, including by reason of termination of this Agreement, Customer must pay Company's unrecovered costs of the System minus any salvage value, to be determined at the sole discretion of Company, plus System removal costs. 3. The obligations of Customer to pay the monthly invoice and any applicable late fees or any amount due and owing to Company as a result of this Agreement or in connection with the rights and privileges granted hereby, are independent of the liabilities or obligations of Company hereunder. Customer shall make all such payments due to Company without any deductions, setoffs or countemlaims against such payments on account of any breach or default by or claims against the Company pursuant to this Agreement or otherwise or on account of any claims against or default by any third party. 4. Company's installation of the System is contingent upon obtaining adequate written easements if necessary, and Customer agrees to assist the Company when necessary in obtaining adequate written easement covering permission to install and maintain service lines and facilities required for serving and providing the System. 5. Company is an independent contractor and not an agent or employee of Customer and nothing contained in this Agreement shall be so construed as to justify a finding of the existence of any relationship between Company and Customer inconsistent with that status. Company shall have exclusive control of and responsibility for its labor relations. 6. Company does not warrant nor guarantee the safety of Customer or any third party, nor does it warrant or guarantee the security of Customer's properly or any third party property, lighting levels, or uniformity of lighting as a result of Customer's use of the System. Company is not liable for any injury to Customer, or any persons or property arising out of the System use. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EITHER EXPRESSED OR IMPLIED, PROVIDED BY COMPANY TO CUSTOMER. 7. If a breach or default occurs, the non-breaching party shall provide the breaching party with a thirty (30) day written notice to cure such default or breach, or if the defect cannot be cured within thirty (30) days, the breaching party shall commence the cure of such defect. If the breaching party fails to cure or to commence the cure of the defect within the prescribed timeframe set forth herein, the non-breaching party, at its sole discretion, shall provide notice to the breaching party of the immediate termination of this Agreement. Events beyond Company's control, including but not limited to acts of nature, electricity outages, and inability to obtain needed replacement parts, shall not constitute material breaches of this Agreement. 8. The operation or maintenance of the System does not guarantee secudty of Customer property or that of any third party or nature, including aftomey fees, against Customer caused in whole or in part by Customer's own negligence and/or its failure to comply with the terms of this Agreement. It also does not guarantee that initial lighting levels or lighting uniformity will be maintained. 9. Customer desiring a Company installed System on a public right- of-way or on other property not under customer's jurisdiction must provide the Company with written permission from the entity with legal jurisdiction over that right-of-way or property before installation will begin. Customer must reimburse Company for any easements to be obtained. or structures not owned by the Company (i.e., owned by other utilities or entities). This fee will be imposed only when the System equipment is the only Company attachments on the pole. Additionally, Customer will be responsible for the cost of upgrading or modifying existing poles to allow for clearances required for the System equipment. Company reserves the right not to install Company equipment on any pole or structure other than one installed and owned by the Company, Owner of Pole/Structure ~ L L~cense Agreement ~ldent. #) action, liabilities, loss, damage or expense of whatever kind or nature, including attorney fees; against Customer for actions involving a structure not Company-owned on which the Company has placed Company-owned equipment at Customer request. Additionally, the Company will not be responsible for any repairs needed by the structure that is not owned by Company. If the structure becomes unsuitable, or unsafe to support Company- owned equipment the Company retains the right to remove the equipment from the structure. If Company equipment is removed under these conditions Customer will owe Company a prorated amount for the removed equipment plus removal costs minus salvage value. 12. When changes are requested by Customer at any time after the System is installed and before the normal end of System life, Company will evaluate and estimate the costs of the changes. The changes will be made after the Customer pays the agreed upon amount if any to make changes. Changes include such items as relocating poles, changing luminaire styles (post top, rectangular cutoff, floodlight), their locations, wattage, and lamp source (i.e., metal halide, high pressure sodium). Any such agreed upon changes will be documented either on a new Agreement or on an Amended Agreement. New equipment added to the System will require a new Agreement. 13. If any pa~t, term, or provision of this Agreement is adjudged to be contrary to the law governing this Agreement by a court of competent jurisdiction, the validity of the remaining par[s, terms, and previsions shall not be affected thereby. 14. This Agreement, and ail the terms and provisions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective he[rs, executors, administrators, successors, personal representatives, and/or permitted assigns. 15. Each party to this Agreement represents that it is sophisticated and capable of understanding all of the terms of this Agreement, that it has had an opportunity to review this Agreement with its counsel, and that it enters this Agreement with full knowtedge of the terms of the Agreement. 16. NO delay of or omission in the exercise of any right, power or remedy accruing to any party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of any future exemise of any right, power or remedy. 17. Neither party shall assign this Agreement without the prior written consent of the other party, which consent, if given shall not relieve the party of making such assignment from full responsibility for the fulfillment of its obligations under this Agreement. PAGE 4 OF 4 OUTDOORUGHTINGSERVlCEAGREEMENT REVISION MAR. 2001 AGREEMENT NUMBER..___E.Q__5~500~0.0_5___MO/YR ._A_U_G_/ .2.0__0_1