144-Consumer Security, Inc.
Consumer Security, Inc.
1792 HANGAR ROAD -SANFORD, FL 32771
SEMINOLE
323.0200
ORANGE
645.3900
LOCAL ALARM
SERVICE AGREEMENT
PREPARED FOR
City of Sanford, Florida
C(\U"/
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THIS AGREEMENT made this
7 ta
day of
February
,19 81
by and between
CONSUMER SECURITY, INC., hereinafter called the "Contractor", and
City of ~anford, Florida
hereinafter called the "Subscriber."
WITNESSETH: That for the considerations and covenants hereinafter specified, the parties hereto do, for themselves, their successors and assigns, mutually covenant
and agree as follows:
1. The Contractor agrees to install and maintain or cause to be installed and maintained, during the term of this agreement, in the premises of the Subscriber, at
Clanford City daIl Vault and dold- Dr.. ^ larm.
300 North Par~, Avenue
in the City of
<"anford
, State of
Florida
a local Alarm System as specified in the Schedule of Protectionn, and will, subject to the terms and conditions hereof, during the terms of this agreement, make periodiC
inspections of the system and make such repairs and adjustments as may be necessary for the proper operation and maintenance of such system in good working order,
the Subscriber agreeing, nevertheless, to exercise all reasonable care in the handling thereof and to notify the Contractor promptly of any condition requiring the Con.
tractor's attention. It is mutually understood and agreed by and between the parties hereto that whenever the local Alarm System specified in the Schedule of Protection
shall require attention by a representative of the Contractor, whether for repairs, maintenance, nonfunctioning, malfunctioning or any cause whatsoever, the Contractor shall
have a period of twenty.four hours from and after the time of receiving written notice from the Subscriber of the need to give attention to said system, within which to
dispatch a representative of the Contractor to the premises of the Subscriber. It is further understood and agreed by and between the parties hereto that the entire
system, including all devices, appliances and all cabinets, conduits, connections, foils, screens, springs, tubing, wires and other materials associated therewith, is and
shall be and remain the personal property of the Contractor.
2. Subscriber hereby leases from Contractor the equipment and property described below and agrees to pay Contractor as rental therefore, the amount of
$ 40. 24 x~.'C.\ per month, plus installation charges in advance of $ None-Henewal Onl,YYable at 1792 Han9ar Road, Sanford, Florida, or at
such other place as may be designated by Contractor; the first rental payment to be due and payable from the date of installation of said equipment.
3. The terms of the lease shall be for a period of 36 months, commencing from the date of installation of the above described property by Contractor,
on Subscriber's premises, and shall upon expiration of said term automatically be renewed for a like term under the same terms and conditions, and each succeeding
term thereafter, unless either party hereto, by registered mail to the other, sixty (60l days before the expiration of the primary term or the anniversary of each suc.
ceeding term thereafter, gives notice of his intention not to renew such lease.
4. In addition to the service charges above, the Subscriber agrees to pay any false alarm assessments, taxes, fees or charges relating to the installation or ser.
vices provided under this agreement which are authorized or imposed by any governrr.ental body or other organization to whose facilities the service is connected.
5. In the event Waterjlow Alarm Service is furnished, the Subscriber hereby agrees to replace, at his sole expense, all wet and dry valves now installed which are
not acceptable to the rating organization or other authority having jurisdiction when equipped with the Contractor's signaling devices, and to furnish any necessary water
through the Subscriber's meter and at the Subscriber's own expense.
6. In the event Automatic Fire Alarm Service is furnished, the Subscriber agrees to place hoods over all open forges and open 'fires, and to pipe all boiler blow.offs
and steam exhausts outside of the buildings to be protected.
7. In the event Burglar Alarm Service is furnished, the Subscriber represents that any vault to be protected by the Contractor hereunder by sound or vibration de.
tector systems has the minimum construction characteristics prescribed by the Underwriters' laboratories, Inc.
The Subscriber agrees to test any ultrasonic, microwave, capacitance or other electronic equipment designated on the Schedule of Protection prior to setting the
alarm system for closed periods, according to procedures prescribed by the Contractor, and to notify the Contractor promptly in the event that such equipment fails to re-
spond to the test.
8. The Subscriber hereby authorizes and empowers the Contractor, it agents or assigns, to install and maintain the aforesaid systems in said premises and to inspect,
test and repair the systems, and 'further, to make any changes in or alterations to the systems made at the request of the Subscriber or made necessary by any changes
in the Subscriber's premises, property or equipment, after the original installation has been completed, at the cost of the Subscriber. Further, the expense of all ordinary
maintenance and repair of said systems due to normal wear and tear shall be borne by the Contractor; the expense of any extraordinary maintenance and repair of said sys.
items due to alterations of the Subscriber's premises, damage to such premises or to the alarm system or to any cause beyond the control of the Contractor shall be borne
by the Subscriber. The Subscriber agrees to furnish any necessary electric current through the Subscriber's meter and at the Subscriber's own expense. It is mutually agreed
that the work of installation and the Contractor's periodiC inspections and tests of the systems shall be performed between the hours of 8:00 o'clock, A.M., and 5:00 o'clock,
P.M., exclusive of Saturdays, Sundays and holidays.
9. It is understood and agreed that the Contractor, subject to the rights of the Subscriber as specified in Paragraph 1 above, may remove or upon written notice to
the Subscriber, abandon in whole or in part, all devices, instruments, appliances, cabinets, and other materials associated with the system, upon termination of this agree.
ment, without obligation to repair or redecorate any portion of the Subscriber's premises upon such removal, and that the removal or abandonment of such materials shall
not be held to constitute a waiver of the right of the Contractor to collect any charges which have been accrued or may be accrued hereunder.
10. It is understood and agreed that the Contractor may remove or upon written notice to the Subscriber abandon said system, in whole or in part, including all
devices, instruments, appliances and all cabinets, conduits, connections, foils, screens, springs, tubing, wires and any other materials associated therewith upon termina.
tion of this agreement by lapse of time, default in the payment of any moneys due hereunder, or otherwise, without any obligation to repair or redecorate any portion of
the Subscriber's premises upon removal of the Contractor's system, and that the removal or abandonment of the system as aforesaid shall not be held to constitute a
waiver of the right of the Contractor to collect any charges which have accrued or may accrue hereunder.
11. This agreement may be terminated at the option of the Contractor at any time in the event that the Contractor is unable either to secure or retain the connec.
tions or privileges necessary for the transmission of signals by means of conductors between the Subscriber's premises and the municipal fire or police departments,
or other place of connection, and the Contractor shall not be liable for any damages or subject to any penalty as a result of such termination. Any advance payments
made for service to be supplied subsequent to the date of such termination shall be refunded to the Subscriber.
12. It is understood and agreed that the Contractor's obligation relates to the maintenance solely of the specified protective signaiing system(s), and that the Con.
tractor is in no way obligated to maintain, repair, service, replace, operate or assure the operation of the property, system or any device or devices of the Subscriber. or
of others to which the Contractor's said systems are attached.
13. The Contractor assumes no liability for delays in installation of the equipment, or for interruptions of service due to strikes, riots, floods, fi res, acts of God or any
cause beyond the control of the Contractor, and will no' required to supply service to the Subscriber while interrup 1f service due to any such cause shall continue.
'14. Th;. agreement is not assignable by Subscriber except upon the written consent of the Contractor first being obtained.
15. This agreement is not binding unless approved in writing by an authorized representative of the Company described above as the Contractor. In the event of failure
of approval, as aforesaid, the only liability of the Contractor shall be to return to the Subscriber the amount, if any, paid to the Contractor upon the signing of this agreement.
16. It is mutually understood and agreed that any representation, promise, condition, inducement or warranty, express or implied, not included in writing in this agree.
ment shall r~t be binding upon any party, and that the r.ontractor's terms and conditions hereof apply as printed with""t alteration or qualification, except as specifically
modified in writing.
17. Subscriber shall keep the equipment free and clear of all levies, liens, and encumbrances and shall pay all license fees, registration fees, assessments, charges
and taxes (municipal, state and federal) which may now or hereinafter be imposed upon the ownership, leasing, renting, sale, possession or use of the Equipment. If Sub-
scriber fails to pay any said fees, .assessments, charges or taxes, Contractor shall have the right, but shall not be obligated, to pay the same. In that event, the cost thereof
shall be repayable to Contractor with the next payment of rent, and failure to repay the same shall carry with it the same consequence, including interest at the highest
contract rate as failure to make any payment of rent.
18. In connection with any assignment by the Contractor of its interest in this instrument or the equivalent, Subscriber will recognize such assignment and furnish
the assignee with a written acknowledgement that this Lease is in full force and effect and that the Subscriber is not entitled to any counter.claim or setoff. If this instru-
ment provides for any covenant or condition to be performed by the Contractor, the Subscriber agrees that no such assignee shall be obligated thereon.
19. Subscriber agrees not to remove the equipment from its present location, not to sell or attempt to sell, encumber or to sublet any of said leased equipment or
assign or attempt to assign any of Subscriber's rights under this lease. Subscriber also agrees to permit the agents or representatives of the Contractor, or Contractor's
assigns, upon reasonable notice, to enter the premises wherein said equipment is located, or stored, for the purpose of inspecting said equipment and its manner of use.
20. Subscriber hereby assumes and shall bear the entire risk of loss and damage to the Equipment from any and every cause whatsoever. No loss or damage to the
Equipment or any part thereof shall impair any obligation of Subscriber under this Lease which shall continue in full force and effect. In the event of loss or damage of
any kind whatever to any item of Equipment, Subscriber at the option of Contractor shall: (a) place the same in good repair, condition and working order; or (b) replace
the same with like equipment in good repair, condition and working order, or (c) on request by Contractor pay to Contractor an amount equal to ten percent (10%) of the
total rental agreed to be paid for the initial term plus, if any of the foregoing events occur during the initial term, the then unpaid balance of such total rental. If the
Equipment includes separate items only some of which have been so damaged or destroyed, the amount payable under the foregoing clause (c) shall be computed on the
basis of that portion of the total rental applicable to such items as may be reasonably determined by Contractor. Upon such payment Contractor will release title to the Sub.
scriber of the items involved.
21. Upon failure of Subscriber to make payment of rentals when due, or if Subscriber defaults in the performance of any of its other obligations hereunder, or if Sub.
scriber becomes insolvent, or Subscriber shall make any assignment for the benefit of creditors or Subscriber shall suffer or permit the appointment of any trustee or
receiver for Subscriber's business or assets or any part thereof or Subscriber shall make or suffer any assignment, voluntary or involuntary, of Subscriber's interest in any
equipment included in this agreement or suffer any lien, attachment or levy of execution to become attached thereto; then in any such event the Contractor may cancel
this lease, and in the event of such cancellation the balance of the rental for the entire term shall, at the option of the Contractor, immediately become due and payable,
and the Contractor may immediately take possession of the leased property and remove same from the premise in which it is located, with or without legal process and
without notice, all of which Subscriber hereby waives.
22. The cancellation or termination of this lease shall not alter, affect or prejudice, in any way, any right or claim of Contractor, or its assigns, for damages or
arrearages of rent. Subscriber agrees to pay all costs, charges, fees and expenses incurred by Contractor in enforcing Contractor's rights under this lease, plus 25% attor.
ney's fees.
23. It is understood that the Contractor is not an insurer, that insurance, if any, shall be obtained by the Subscriber and that the amount payable to the Contractor
hereunder are based upon the value of the services and the scope of liability as herein set forth and are unrelated to the value of the Subscriber's property or the property
of others located in Subscriber's premises. The Contractor makes no guaranty or warranty, including any implied warranty of merchantability or fitness, that the system or
services supplied, will avert or prevent occurrences or the consequences therefrom, which the system or service is designed to detect. The Subscriber does not desire this
contract to provide for full liability of the Contractor and agrees that the Contractor shall be exempt from liability for loss or damage due directly or indirectly to occur.
rences, or consequences therefrom, which the service is designed to detect or avert; that if the Contractor should be found liable for loss or damage due to a failure of
service or equipment in any respect, its liability shall be limited to a sum equal to ten percent of the annual service charge or $250, whichever is the greater, as liquidated
damages, and not as a penalty, and this liability shall be exclusive, and that the provisions of this paragrph shall apply if loss or damage, irrespective of cause or origin,
results directly or indirectly to person or property from performance or nonperformance of obligations imposed by the contract or from negligence, active or otherwise, of
the Contractor, its agents or employees.
That in the event Subscriber desires Company to assume greater liability for the performance of its services hereunder, a choice is hereby given of obtaining full
or limited liability by paying an additional amount under a graduated scale of rates proportioned to the responsibility, and an additional rider shall be attached to this
Agreement setting forth the additional liability of Company and additional charge. That the rider and additional obligation shall in no way be interpreted to hold Company as
an insurer.
24. All rights, powers and remedies reserved or given to Contractor hereunder shall inure to the benefit of the Contractor, its successors and assigns. The Subscriber
hereby aCknowledges a receipt of a copy of this lease agreement. No other agreement, oral or written, expressed or implied, except as written herein, has been made by
either party respecting the equipment herein leased.
25. The person executing this lease for and on behalf of Subscriber hereby warrants and represents that he is duly authorized to execute same and has the authority
to bind and obligate Subscriber herein.
26. In the event any person, not a party to this agreement, including subscriber's insurance company, shall make any claim or file any lawsuit against company for any
reason whatsoever, including but not limited to the installation, maintenance, operation or nonoperation of the alarm system, subscriber agrees to indemnify, defend and hold
company harmless from any and all claims and lawsuits including the payment of all damages, expenses, costs and attorneys fees whether these claims be based upon alleged
intentional conduct, active or passive negligence, or strict or product Iiabilty, on the part of the company, its agents, servants or employees.
27. Subscri.ber hereby releases, discharges and agrees to hold Company harmless from any and all claims, liabilities, damages, losses or expenses, arising from or
caused by any hazard covered by insurance in or on the premises of Subscriber whether said claim is made by Subscriber, his agents or insurance company or by any other
parties claiming under or through Subscriber. Subscriber agrees to indemnify Company against, defend and hold Company harmless from any claims for subrogation which may
be brought against Company by any insurer or insurance company or its agents or assigns, including the payment of all damages, expenses, costs and attorneys fees.
28. A fee based upon the Company's current costs will be charged by the Company for each unnecessary service run or false alarm created by the Subscriber.
29. This agreement shall be governed by the laws of the State of Florida and shall not be binding upon Consumer Security, Inc. until It has been
executed for and on behalf of Consumer Security, Inc., by an authorized officer.
SCHEDULE OF PROTECTION (Listed on back page.)
I have read and understood all terms of the Agreement, in particular clause (23) twenty-three, before validating this Agreement.
This
7
th
day of
February
.19~.
City of Sanford
Subsc Iber
_~_-:...~o"...-
. .<.....
.)
CONSUMER SECURITY, INC.
By
--
By
7?t~-8~d' a~
Title
Michael A. Thon1as, President
Title
SCHEDULE OF PROTECTION
Commercial '3ecurity system, located at Sanford City Hall;
Equipment List:
2 -:# 266 K. Switch
1 - IB F'ranp Un Dialer
1 - DCU 8
This lease is for a term of 36 months, from 2/7/81 to 2/7/84.
The full amount of the lease is: $ 1,448.64 payable at $ 40.24 per month.
This lease may be terminated by gO-day written notice during the tern)
thereof.
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CO"''''ROl.LEO COMPANIES OF"
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. Subscriber Operated Systems
1026
DIVISION
AGREEMENT NUMBER
CE SECURITY DIVISION
CONSUMER ELECTRONICS, INC.
In-service:
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P.O. BOX 1763
SANFORD, FLORIDA 32771
PH. (30S) 323-0200 Be 645-3900
INSTALLATION AUTHORiZATION AND SUBSCRIBER AGREEMENT
Florida - Seminole Sanford
State of ......~......~.... ................................ County of ..........~.........................................Clty of .m................................................
Tilis subscrIber agreement made and entered Inb this .7.t.D day of ......E.E:!.1;>.:r..~9.:.r.y.........., 197B.., by and between .Q.Q.N$.1.I~B__J~~1~.g..-
TRONICS INC. CITY OF SANFORD, FLORIDA
-h;~-;i~-~-it;;.~il~~ .~h-;--'- L;'~~~~~re1nafter caned the f Le:3sf.,;:', and ...._ ...., .... .... .._. ..... .... n.......... ........ ...... .............................._.......u....n...nm..........n.mno.... ....................._.._m'
WITNESSETH
Trlat for the consideration hereinalter named, and contingent upon causes or delays beyond its control Lessor agrees to install, maintain and oper..
ate on tho premises of the Lessee, consisting of 9.::i:.t.y.....H.9..J".J.:.....y?-.~)...t.....~.....H.q)..9.:L.1P.....9J.9.:.r.:Ills at llresent constructed, equIpped,
occup:e<:l and locs.teJ at . u~u..3Q9.....~u.......I.'?T~....Ay.E?!l.tJ:.~.,'---...e.9:!1:.f?..:r:.g.-'.....:f.J"gTJ.9.?~..... a security alarm system, hereinafter
referred to a.s 'The System'. This subscirber agreenlent is made on the following terms, conditions and covenant.s:
1. The equipment to be installed shall consist of wiring, batteries. transmittors, receivers, controls, and/or other devices and articles of personal
property desIgned to protect satd premises, or parts thereof, frum and against unauthorized entry or action,
2. The terms of this lease agreement shall be for .............:t.h.i.r.t..y.':':'..9..i..X..................................... months.
Five hundred ten and 00/100. . . . . . . . . . .
3. The Lessee agrees to pay the Lessor ................................................................~..................__...............__........__.........._....~. .... .....~.............................................._......._.
Dollars ($. .5.lQ.....9.Q .......) for the Installation of 'The System' and .... .....39........... consecutIve monthly fees of ..f.9..:r:.t.y....?!l.9:.....?~/J".9._Q..
Dollars (.$.. .4.Q.~.2.4......) each for the rental. maintenance and use of 'The System' beginning on the date 'The System' Is completed and put In
sen.:ce and on that same date of each month thereafter for the balance of the term of this lease.
4. The Lessee hereby authorizes and empowers the Lessor, its agents or assigns. to install 'The System' in the Lessee's ,remises hereinabove des-
cribed an.d to make all in<meetfons, tests and repairs thereQf. ar:cl [\.ir that purpose Lessor shall be prov~dea access to Lessee's pr.emises at any time to
b~ve such service. In the e\.'ent of non.rcnewal of this agreement, default in the lease payments, or otherwise, Le~sor shall have t.he right to enter
Lessee',s premises to remove 'The System'. but such removal shall not be held to constitute a waiver of the rights to collect any rentals or charges
whict.. may have been accrued under this agreement for the full .... 36.............................. month term as set out hereirJ.
5. It 'is mu~ually <'lbrct:-d t.hat the work of installation awl or service shall be perfurmed in regular work day turn only (Saturdays, Sundays and
holiJ.ays excepted/ unles~ the Lessee directs othenvJse, in \vhich case the Lessee hereby agrees to pay to the Lessor any re8ulting in.~rer..sed cost.
6. The Lef.sor agrees to ma.l-ce an service on 'The System' hereinbf"fore described, and to restore batteries, make adjustments repaIrs or otherwise
correct any defects which may appea.r in any part thereof. ar;s~ng from the natural depreciation and ordinary \\ear and tear occuring in a system.
Le::::.3ee agrees to make an immediate report o~. any nlaltunction of 'The System'.
7". The Lessee agrees to use due diligence to prevent any accident or in tel.ference with any (If the parts or equlprnent of 'The System'; and if any
pa.rt thercuf is d~:.maged or interfered with by an act, not the fault of the Lessor; or if change in equipment or occupa ncy introduces new or special
cond:tions: or jf any alterations are made in the premises. or p:..trts thereof, covered by 'The System' p~'u\'ided for in this lease agreement; then the
Le::':se.e ~hall authori::e only the Lessor. to mak€ SuCh alterations to 'The System' G;.~, are nece:'isary to accommodate <The System' to alterations or ad..
d.itions to L.esse~'s premises, or part thereof, or to restore it to its worl~1ng condlLi.JIl; the expense therefor to. be paid by L.~e Lessee to the Lessor.
S, It is agreed by and between the parties hereto th:lt the Lessor is not an insurer and that the payments hereinbefore named are based solely on
tl:.e va~ue of the service in the operation of the system tiescriued and that the Lessor does not guarantee against loss or daoluge. but, on the con-
trary, .s:1all not be liable in any way for 1083 or damages.
9. It is agreed t!"..at this lease agreement automatically l'ef:!>2:WS ItsseIf from ........,.,......39......................... !".lonths to .................39....................... montha
unle~.s wntten r.oti\~e to termina.te sanle is given by eitl1er party, at. lE:ast sixt)" (60) days before expiration date ot this contract, that said lease 18
not t.o :Je renewed.
1:) It is express~y t:gre~d. that ail of t.he aforesai.i JH'OI'('rty, the SUbject of th.s l~a~t\ ::.ilal1, at ,a,ll tiUlCS, Le and rem~in personal prof't.rty. notwlth-
.st~!lC!.!lg <.";.ny aHacnrnent thereof to Tf"al P<"..:l~.C'> .:.<fetl aut ..;Ue tl, arl'l ownershIp of said propert~.. and the right of possession in the evt:.at of any
df'fault., sl"laH t),-.. :::;:1: re-r!"l.3:.n in the. ...es.aOI iree Qf' an:r clairn or rlght of the Lessee, except as set forthherem.
11. Le.ssee agrees to saVE'. IHumless, protect a.nd indemnify Lessor fr,...\m and against any and all loss, damages, claims. suits or actions at law,
jw:gements and. costs, including attorney's fee, which may ar!se or grow out of any injury to or death of persons, or damages to property, caused,
ljy a.ri.s~ng from or in any manner connected with the exercIse uf ar:y right granted or cunferred hereb;)', or the use, maintenance, operation or con...
clition 01 the securlty ahrm s)-'stem, by reason of fire or any other cause, whether sustained by Lessee or Lessor, their respective agents or em..
l)loyees, or by any other person or corporat.ions which seek to hold Lessor liable.
1:~ The :rights of either party hereto rnay be assigned in whole or in part and the provisions hereof shall extend to their heirs, successors and
as:itfhsi';utur~agsed ~a(~~~~~~~~~~~~mt~~M~'oti~he eVd~r~ri€teth~ to re!rm
rental ,~s agreed. or otherwise fall tc comply wlU, the terms, conditlons an d covenants hereof, the entire balance of rental for said ...."".......3.9....__...._
"">nth term then unpaid will be. a.t the time of saId default ann thereafter, due and payable, including arrears. It Is mutually agreed if any part
of this agreement is not valid th-e balance shall remain in full effect.
1.1. In t~le event it becomes necessary for the Lessor to employ an attorney to enforce performance of any ot the pro,"islons of this lease agreement,
Les~'.'.€' agrees to pas all co~ts thereof, inducting a. reasonable attorne;r's fee.
15. Tilis lease- ab"reement contains the entire agreement between the parties hereto and neither party Is bound by any representation or agreements
of an}' kind except as herein contained and/or accepted by Lessor.
IN WITNESS WHEREOF, Lessor and Lessee have hereunto set theIr bands and seals on this the 7.t.JJ.__ da)' of .....E~.9..!.~9.:.:r:.y...... 197..$..
LE,,:30P' ,
LESSEE:
CONSUMER ELECTRONICS, INC.
/-:f
D''''<O". G~yR~~lJI1lI:l~N
BY:"'~~~"""""'~'
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By:
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.......L...............--.......kk--.t.L..Cn....,.:..6...t.t.;..t.;L......_..=...u...._..__
Form SOS 1/7970
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