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PRECEDENT AGREEMENTS REGARDING ANR SOUTHERN PIPE COMPANY -1 -l C I T Y OF CLEARWATER POST OFFICE BOX 4748 C LEA R W ATE R, F LOR I D A 3 4 6 1 8 - 4 7 4 8 April 26, 1993 RECEIVED MAY 2 0 1993 City Manager Mr. E. J. Burgin ANR Southern Pipeline Company Nine Greenway Plaza Houston, Texas 77046-0995 Re: ANR Southern Pipeline Company Precedent Agreements Dear Mr. Burgin: ANR Southern Pipeline Company ("ANRS") and the City of Clearwater, Florida/Clearwater Gas System ("City") have been engaged in discussions regarding ANRS' effort to develop and construct new natural gas pipeline systems that would substantially increase natural gas transmission capacity to gas consuming markets in the State of Florida. ANRS has advised the City that it has recently formed two general partnerships with separate special purpose subsidiaries of Florida Power Corporation for this purpose. SunShine Pipeline Partners, a Florida general partnership between ANRS and Power Energy Services Corporation, plans to construct, own and operate an intrastate natural gas pipeline known as SunShine Pipeline Company ("SunShine"). SunShine Interstate Pipeline Partners, a Texas general partnership between ANRS and Power Interstate Energy Service Corporation, plans to construct, own and operate an interstate pipeline known as SunShine Interstate Transmission Company ("SITCD"). The purpose of this letter is to express the City of Clearwater's intentions regarding the SunShine and SITCD pipeline projects'. ANRS has presented Precedent Agreements to the City providing for firm transportation service across both the SunShine and SITCD systems for a maximum daily quantity ("MDQ") of 1500 MMBTU s on SITCD and 1500 MMBTU s on SunShine. ANRS has asked the City to affirm our intentions for these projects so that the Clearwater Gas System can appear on an exhibit supporting SunShine Pipeline Partners' Application for Determination of Need before the Florida Public Service Commission ("FPSC") which lists SunShine's contracted shippers, volumes, locations and in-service date. The City herein expresses our intent to execute the Precedent Agreements with SunShine and SITCD, but is unable to finalize these Agreements at this time pending final resolution of certain contract issues which the Clearwater Gas System is concerned with and then pending final authorization by our City Commission. The parties believe that the matters which currently preclude the City's immediate execution of the Precedent Agreements can be resolved within sixty (60) days from the date of this letter. t'j l. I ,"" /'-\ , " "Equal Employment and Affirmative Action Employer" " o. 1 Mr. E. J. Burgin Page 2 April 26, 1993 Accordingly, the parties agree to, within sixty (60) days from the date of this letter, use their best efforts to successfully resolve the matters which preclude their ability to execute the Precedent Agreements. In the event such matters are successfully resolved within such time period, the City will so notify ANR Southern and proceed to request formal City Commission authorization to execute the Precedent Agreements providing an MDQ of 1500 MMBTU s on SITCO and 1500 MMBTUs on SunShine. In the event that City is unable to successfully resolve the matters which preclude its ability to execute said Precedent Agreements within sixty (60) days of the date of this letter, then this agreement will expire. If you are in agreement with the foregoing, please indicate your acceptance by executing the duplicate originals in the space provided below and returning one (1) executed copy for our files. Sincerely, ~ i Michael J. Wrigll City Manager MIW/sh Accepted and Agreed to this .jJ!;. day of /JJ /) C/ for ANR Southern Pipeline Company: I , 1993 Signed By: .. Print Name: rJ Title: /J /}To "eNL y ./ r1 ./- /7 c -r