CONSTRUCTION AND REIMBURSEMENT AGREEMENT
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Florida Gas Transmission Company
P. o. Box 945100 Maitland, Florida 32794-5100 (407) 875-5800
November 3, 1994
Mr. Charles Warrington, Jr.
Gas Managing Director and Executive Officer
City of Clearwater
401 North Myrtle
Clearwater, Florida 34615
Re: Construction and Reimbursement Agreement Dated June 9,
1994 Between Florida Gas Transmission Company and the
City of Clearwater
Dear Chuck:
Reference is made to the Agreement described above, which
sets forth the obligations and duties of the parties regarding
construction of the Lake Moon meter station. The Agreement
provided, among other things, that in the event Clearwater failed
to notify FGT on or before 6 months following execution of
Clearwater's desire for FGT to proceed with all steps necessary
to construct the Facilities, as defined in the Agreement, the
Agreement would automatically terminate and be of no further
effect.
In consideration of the pending resolution of certain issues
effecting the construction of the Lake Moon meter station,
Clearwater and FGT desire to amend the Agreement to extend the
time in which Clearwater may notify FGT to proceed. AccordJngly,
the second paragraph on the first page of the Agreement shall be
deleted in its entirety and replaced with the fOllowing
paragraph:
"The parties agree that, other than for the filing of
necessary authorizations from the Federal Energy RegUlatory
Commission, FGT is not required to undertake any steps under this
Agreement towards completing construction of the Facilities
unless and until notified by Clearwater. Clearwater shall notify
FGT, in writing, on or before December 1, 1995 of its desire for
FGT to proceed with all steps necessary to construct the
Facilities and as authorized under this Agreement. If Clearwater
does not notify FGT by December 1, 1995, then this Agreement
shall automatically terminate without the need for either party
to take further action. FGT shall not incur any costs and
expenses, other than the cost and expense of filing for
authorization from the Federal Energy Regulatory Commission,
unless and until notified by Clearwater as provided herein."
An ENRON/SMA' Affiliate
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Mr. Charles Warrington, Jr.
City of Clearwater
November 3, 1994
Page 2
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Please execute in the space provided and return both
executed originals to my attention for execution by FGT and one
fully executed original will be returned to you.
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DAN ANSON
Account Director
Accepted and Agreed To On The
CITY OF CLEARWATER
~ Day of
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By:
Title:
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Agreed To On The ~ Day Of~~
TRANSMISSION COMPANY
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l~~Qfater Gas System
Natural & Propane Gas
RIDA GAS
RKETING
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November 30, 1994
Administrative Offices
& Operations Center:
400 North Myrtle Avenue
Clearwater, Florida 34615
Telephone (813) 462-6630
Fax (813)462-6636
FEDERAL EXPRESS
Mr. Dan Swanson
Florida Gas Transmission Company
601 S. Lake Destiny
Suite 450
Maitland, FL 32751
Subject:
Construction of New Lake Moon Meter Station
Dear Dan:
Enclosed are two (2) original executed Amendments to the Construction and Reimbursement
Agreement regarding the construction of our proposed Lake Moon Gate Station. We have also
attached a copy of Resolution 94-39 by our City Commission which authorizes the City Manager
to execute this agreement on behalf of the City of Clearwater. You were provided certified
copies of the latter with the original Agreements.
In accordance with the original Reimbursement Letter of May 24, 1994, please do not proceed
with any expenses until further written notice is provided.
Thank you in advance for your cooperation on this matter. Please return a fully executed copy
of this Amendment as soon as possible.
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C.S. "Chuck" Warri gton, Jr.
Managing Director & Executive Officer
CSW / sh
Enclosures
cc: Mr. Gerald Figurski, Esquire - Martin, Figurski & Harrill
Mr. William Peebles, Esquire - Moore, Williams, Bryant, Peebles & Gautier
Mr. William T. Miller/Royce Dickens, Esquire - Miller, Balis & O'Neil
Mr. J. Terry Neenan, Asst. Director CGS/Supply & Operations
Mr. James Lewin, Asst. Director CGS/Marketing & Planning
!Tor a lieaftliier environment. . . use natura!fftlS!