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City) Economic Development Electricity Incentive Rate Program (the (City of Lake Worth Beach)

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ECONOMIC DEVELOPMENT DIVISION
DEPARTMENT FOR COMMUNITY SUSTAINABILITY
1900 2
ND
AVENUE NORTH
LAKE WORTH BEACH, FL 33461
561.586.1793
The below named customer is applying for service under the City of Lake Worth Beach’s (the
“City”) Economic Development Electricity Incentive Rate Program (the “Program”) based on new
or expanded load as indicated below (check one):
□ New Load associated with a new establishment.
□ New Load established in commercial or industrial space that has been vacant for more than
one (1) month.
□ Expanded Load associated with an existing establishment.
CUSTOMER NAME _______________________________________________
SERVICE ADDRESS ______________________________________________
TELEPHONE NUMBER _____________________ FAX ___________________
EMAIL ADDRESS _________________________________________________
TYPE OF BUSINESS ______________________________________________
The Customer hereto agrees as follows:
1. For new and vacant establishments, a minimum of 150kW of measured demand must be added
at a single delivery point.
2. For existing establishments that are expanding, a minimum of 100kW of measured demand must
be added at a single delivery point, and the total measured demand after the addition of the new
load must be a minimum of 150kW.
3. In all cases, the Customer must employ an additional work force of at least 10 full-time employees
at the delivery point to which the load is added for the full term of this agreement.
4. That the quantity of new or expanded load shall be ______kW of Demand.
ECONOMIC DEVELOPMENT ELECTRICITY INCENTIVE RATE PROGRAM
Economic Development Division | Department for Community Sustainability City
of Lake Worth Beach | 1900 2
nd
Avenue North | Lake Worth Beach, FL 33461
5. The nature of this new or expanded load is ________________________.
6. To initiate service under this Program on _________________ _____ ,______ and terminate
service under this Program on _______________ ______, _________. This shall constitute a
term of five years. If service under the Program is delayed, service must be initiated no later than
________________ and this agreement will expire five years thereafter.
7. To comply with all terms and conditions of the Program as set forth in Resolution 072013.
8. To provide thirty (30) days written notice to the City’s Utility Department if the Customer desires to
terminate this agreement.
9. To have this agreement terminated by the City upon thirty (30) days written notice to the
Customer’s billing address if Customer fails to:
a. Pay all applicable charges, fees, taxes or other costs related to or arising from the
City’s provision of electric utility services to the Customer; and/or,
b. Comply with all terms and conditions of the Program; and/or,
c. Comply with all applicable rules and regulations of the City’s electric utility system.
10. If this agreement is terminated prior to the end of the five-year term by either the City or the
Customer, the Customer will be required to reimburse the City for all credits received under the
Program and no further credits will be provided by the City.
11. Upon termination or expiration of this agreement, the Customer’s service will revert back to the
City’s then existing electric rate schedule applicable to the Customer and all applicable rules and
regulations associated with such service.
12. This Agreement is not renewable.
13. Customer is subject to all terms and conditions contained in the Schedule “Commercial Demand
Service” (Schedule CD-S), or its successor Rate Schedule. Customer acknowledges that this
agreement addresses only the Economic Development Electricity Incentive Rate Program; it does
not address the other terms and conditions related to electric service provided by the City which
otherwise govern Customer’s service.
14. Customer shall be responsible to pay all miscellaneous fees, charges and taxes as set forth in the
Schedule CD-S. All charges for electric service pursuant to this agreement shall be subject to any
applicable state or federal energy tax, and any other governmental taxes, duties, or fees, as may
be revised from time to time by the relevant regulatory authority, applicable to electric service
provided by the City.
15. This Agreement is personal to Customer and shall not be assigned or transferred in whole or in
part without the prior written consent of the City’s Economic Development Manager, which consent
shall not be unreasonably withheld. Any attempt by Customer to make such an assignment or
Economic Development Division | Department for Community Sustainability City
of Lake Worth Beach | 1900 2
nd
Avenue North | Lake Worth Beach, FL 33461
transfer without the City's prior written consent shall be void and shall confer no right on any third
party.
16. The City shall not be liable for any damages including, but not limited to, consequential, incidental,
indirect, or special damages, whether in contract, tort, or strict liability including, but not limited to,
lost profits, property damage, personal injury and loss of power, arising out of or in any way related
to power outages, surges, other electric service interruption(s), or the City’s performance or
nonperformance of its obligations under this agreement or termination of this agreement.
17. WAIVER OF TRAIL BY JURY: TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF
ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY
LITIGATION RELATED TO THIS AGREEMENT.
18. The validity of this agreement and of any of its terms or provisions, as well as the rights and duties
of the parties hereunder, shall be governed by the laws of the State of Florida and venue shall be
in Palm Beach County, Florida.
19. Should any part, term or provision of this agreement or the Program or any document required
herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and
provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired
or affected thereby.
20. This agreement may be executed in counterparts, each of which shall be an original, but all of
which shall constitute one and the same document.
21. This agreement shall not be construed more strongly against either party regardless of who was
more responsible for its preparation.
22. In accordance with Palm Beach County ordinance number 2011-009, the Customer acknowledges
that this agreement may be subject to investigation and/or audit by the Palm Beach County
Inspector General.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE FOLLOWS
Economic Development Division | Department for Community Sustainability City
of Lake Worth Beach | 1900 2
nd
Avenue North | Lake Worth Beach, FL 33461
IN WITNESS WHEREOF the parties hereto have made and executed this Economic
Development Electricity Incentive Rate Program agreement on the day and year inserted below
by the City.
CITY OF LAKE WORTH BEACH, FLORIDA
DATE: _____________________ By: __________________________________
City Manager or Designee
CUSTOMER: ___________________________
By: __________________________________
[Corporate Seal] Print Name: ___________________________
Title: _________________________________
STATE OF FLORIDA )
COUNTY OF _____________________)
The foregoing instrument was acknowledged before me this ________ day of ________, 20___ by
__________________, as ___________________(applicable title), an individual or a Florida
corporation and who is personally known to me or who has produced the following
_______________________________ as identification.
Notary Public _____________________________________
Print Name: ___________________________
My commission expires:__________________
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Completed 18 January 2021

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