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ASSENT TO PHASE III SETTLEMENT AGREEMENT , J I~~ ~ CGS CITY OF CLEARWATER Interoffice Correspondence Sheet TO: Kathy S. Rice, Deputy City Manager FROM: Charles S. Warrington, Gas System Managing Director COPIES: Michael J. Wright, City Manager; Terry Neenan, Gas Superintendent; Al Galbraith, City Attorney SUBJECT: FLOltlDA GAS TRANSMISSION PHASE III SETn.EMENT AGREEMENT DATE: August 21, 1992 In follow-up to our conversation yesterday, I am attaching an "Assent to Phase III Settlement" which we need to have executed and faxed to FGT before noon today. We have used the counsel of Miller, Balis & O'Neill, P.C., our FMNGA Washington, D.C. based attorneys. They have recommended that the FMNGA Municipal Phase III Shippers execute this document. We are comfortable that we have negotiated a settlement to the maximum benefit of the FMNGA municipals. This represents a significant improvement in the terms as set forth in our original Phase III service agreement of December 12, 1991, which was finally executed by Mike Wright after the ~ril18, 1991 Clearwater City Commission agenda item approval of same. oJ_"""" .:J.)/5'JL . Your execution of this Assent will be appreciated. We will then prepare a Commission agenda item for the October 15, 1992 meeting. ~ ~~ CSW / sh Attachment r'" , , / ., I '/ ' ,. .. i I " I ASSENT TO PHASE ill SEITLEMENT The undersigned Phase III Shipper hereby agrees to the terms and conditions of the Phase III Settlement and agrees to support such settlement through the approval process. For purposes hereof, the "Phase III Settlement" shall mean the August 10, 1992 settlement package circulated by Florida Gas Transmission Company (FGT) as amended by the August 18, 1992 modifications circulated by FGT. This assent is subject to the approval of the City Commission of the City of Clearwater, Florida. I agree, however, to recommend acceptance of the Phase III Settlement for such approval. I expect such approval on or before October 15, 1992. RECOM~~NDEr BY TH~ CLEARWATER GAS SYSTEM BY: ~cUt/~)~ Charles S. Warringfun TITLE: Managing Director & Executive Officer ASSENT BY THE CITY OF CLEARWATER SUBJECT TO APPROV L BY THE CITY COMMISSION: I / .J < BY: \...-0LA../ TITLE: Deputy City Manager A TrEST: BY: ~~~ .s-ue- Mary thryn Diana TITLE: Assistant City Clerk DATE: August 21, 1992