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NATURAL GAS AGREEMENTS (002) , , . I I , SERVICE AGREEMENT FOR GENERAL SERVICE THIS AGREEMENT entered into this 13th day of September 19~~ by and between Florida Gas Transmission Company, a corporation of the State of Delaware (herein called "Seller") and City of Clearwater. flod.da , (herein ca lled "Buyer") WIT N E SSE T H: WHEREAS, Buyer wishes to purchase natural gas from Seller and Seller wishes to sell and deliver natural gas to Buyer, NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, Seller and Buyer do covenant and agree as follows: ARTICLE I Quantities 1. Firm Gas: Buyer agrees to purchase and receive from Seller and Seller agrees to sell and deliver to Buyer the entire requirements of Buyer of firm natural gas for resale and use in its gas distribution business in the communities and areas supplied by Buyer up to but not in excess of the Maximum Daily Contract Quantity specified below at the Point (s) of Delivery set forth in Article IV hereof: Maximum Daily Contract Quantity (Therms) 84 .300 5.800.000 Annual Contract Quantity (Therms) Under the provisions of Rate Schedule G, Buyer agrees that its Minimum Annual Bill for firm gas shall be the charge for a quantity of gas equal to fifty (50) per cent of the Annual Quantity applicable to the service year at the price and under the conditions set forth in Rate Schedule G. Buyer and Seller shall agree from time to time on the Annual Contract Quantity which shall not be in excess of that stated herein. -1- :<,t:)" ;c';'q,\ -..., .. ..., . 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C. .. .... .,..u,ua . en- ...claa .... u.... .. of.... ...... .. ..., ,....1' ,-.... ~ nr ,..... "II:I~. U ht.at. of ..u......, on.. 'oUal(.) of ..u".., ,. .u ..ClI&'al p' ......b-... ..... CIab 'PI 1'....11...'. Ii" pu(.) of Ue ClC;J .f ClMna..... 'lori... .t lueIl po&ac 41-. tM C1C;J lW.. .. ....,. ,,.....11 ....., .. ..,. .. _WlU,. ...... .... "U..- ... .1uJU ....tll Cl......... .1cUa. IaOC 10 --... _.300 ,..... ,... ..,. ...Cl.......... .1owUa. ..t. Co ."84.300 ~ pel' ...,.. "t,",. . , I ARTICLE V Notices All notices and communications with respect to this Agreement shall be in writing and sent by prepaid mail to the addresses stated below or at such other address as may hereafter be designated in writing. Seller: Florida Gas Transmission Company P. O. Box 44 Winter Park, Florida Buyer: Miscellaneous 1. The interpretation and performance of this Agreement shall be in accordance with the laws of the state of Florida. 2. Seller may make changes in its F.P.C. Gas Tariff upon filing with the Federal Power Commission under Section 4 of the Natural Gas Act and acceptance thereof by the Federal Power Commission. 3. This Agreement shall bind and benefit the successors and as- signs of the respective parties hereto. 4. This Agreement cancels and supersedes, as of its effective date, existing agreements relating to the sale of gas by Seller to Buyer as follows: IenUe "oil I ..... IIInIa 1. 1951 ,....t~U "A" ..... "'1 . - U. 1* IN WITNESS WHEREOF the parties hereto have executed this Agreement by their --~-_. .,duly authorized officials on the dates set forth below. ',_ ' _ ---uE'LQR1DA o/'S TRANSMISSION COMPANY _~',::~ ~'By 7/' z: C"L,lJ -I~~:h_ : ' _ _ ~ Senior ...Iee ';"'1 it -ATT)i:iIT:, ,-~~.o-Y~e~~ary 4 J Date /~)'? )f"?",}- ClIft . By Co -<? >. MaYOr~_~?e -3- .- ._-~., .,," f ...-.. . f I . J' / " '> SERVICE AGREEMENT FOR GENERAL SERVICE (For Use Under Rate SchedUle G) THIS AGREEMENT entered into this 'tst -1-'-,'" day of ~.h , 1957 , by and between Houston Texas Gas and Oil Corporation, a corporation of the State of Delaware (herein called "Seller" and City of' Clearwater, Fl-or:ida . (herein called "Buyer") j WIT N E SSE T H: WHEREAS, NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, Seller and Buyer do covenant and agree as follows: ARTICLE I Quanti tie s. 1. Firm Gas : Buyer agr~es to purchase and receive from Seller and Seller agrees to sell and deliver to Buyer the entire requirements of Buyer of firm natural gas for resale and use in its gas distribution business in the communities and areas supplied by Buyer up to but not in excess of the Maximum Daily Contract Quantity specified below for each / JI'" ~. ~ , '" . , I I M'l'IOLB I (Continued) year with re.spect to each Delivery Point, which shall be ~ the city gates: Maximum Daily (Therma) Year 4t City Gft. at: Cqntract Ouant+tv fir .t Year ~A~~er. P'J"Qrida 48.~OQ Second Year ~,rwater.. FlJtrida 6~.~ Third and IJUbsequent Yra, ~"A~.'t.r.. 1J.arida 84.3Q9 It i8 agreed that buyer shall have the exclushe right to .ell gae eupplied by seller w1t.h1n ita preeent aupply o!U'C.. 1n~ludin,g the areas of the cities of Safety Harbor and Dunedin, with ~hich it has fran- ohisee, and including but not limited to the lil"e8 within the follow- ing boundaries in PineUae County, Florida: Bounded Oft the NoM;b b:r County road )f!, extencled to the 1ut Uneot Seotion 15. !wnp. 288, age 16&; bounded on th. B:l,;.et by the bigh water lllark of Tampa Bay, bounded on the South by State road 6I!6 excludinr; the Northern boundar- ie. or the Town of Lal'go, Florida, bounded on the \fest by the waters of the Gulf of Mexico. 2. Annual Ccntract Quantitv. of Firm Gas: Under the proYla1ons of' ltate Schedule G, Buyer agrees that its MinilDUlll Monthly BiU for firm gas shall be the charge for a quantity of cae equal to tifty (50) percent of the portion of the Annual Contract Quantity applicable to the particular bill- ing month, at the price Btipulated in ,{ate Schedule G. Buyer and leUer agree that the Annual i.iontraet Quantity for each year shall be as specified below; ~ar ~\lal ~ontraot Quantity lAP-raa ) F1rat Year ~-aj9t900 /0._780.000 Second Year Third and subsequent years 5.8001000 ~ -,~ .. I I ARTICLE II Rate Schedules 1. Buyer shall pay Seller, for all service rendered hereunder, the prices established under Seller's Rate Schedule G as filed with the Federal Power Commission and as said Rate Schedule may hereafter be legally amended or superseded. 2. This Agreement in all respects shall be and remain subject to the applicable provisions of said Rate Schedule and of the .General Terms and Conditions of Seller on file with the Federal Power Commission, all of which are made a part hereof by this reference. ARTICLE III Term of Agreement This Agreement shall be effective on the date hereof and shall continue in effect for twenty years from the date of first delivery of gas hereunder, and thereafter from year to year unless and until terminated either by Seller or by Buyer upon 12 months prior written notice to the other specifying a termination date at the end of such period or any yearly period thereafter. ARTICLE IV Point of Delivery The POint(s) of Delivery for all natural gas purchased =~ . ~, ..r --, .~ I I ARTICLE IV (Continued) under thisAgre~Jf1entshall be at the City gate(~) of the City of clearwate:, Florida, ~t' s;tclr'Pb:int:~alof)g'tJ1~ Ci"ty:~amit s--as-th.ey pr~seI1'tlyexlCt5'tcas.may-cbemutua:tly agJ:"eetl between Seller and Buyer. ARTICLE V Taxes To the total monthly bill to the Buyer with whom Seller has a Se~Jice Agreement, computed under Seller's applicable rate sche~1ule and General Terms and Conditions, Seller shall have , the right upon filing with and acceptance by the Federal Power Commission of new and superseding rate schedules, to add all or any part of the amount by which the cost of Seller of the natural gas delivered to such Buyer is increased in any month by :.ny new or additional tax levied after April 1, 1955. ARTICLE VI Notices All notices and communications, except those specified in Paragraph 2 below, shall be in writing and sent by pre- paid mail to the addresses stated below or at such other address as may hereafter be designated in writing. Seller: Houston Texas Gas and Oil Corporation 4604 South Main Street Houston; Texas Buyer: City of Clearwater, Florida c/o City Manager P.O. Box 1348 Clearwater, Florida ..,.- - J ~" / ,-. I -~-"'-: --. . -.. ._"- . I ARTICLE VII Miscellaneous 1. The interpretation and performance of this agre'e- ment shall be in accordance with the laws of the State of Florida. 2. Seller may make changes in its F.P.C. Gas Tariff upon filing with the Federal Power Commission under Section 4 of the Natural Gas Act and acceptance thereof by the Federal Power Commission. 3. This Agreement shall bind and benefit the suc- cessors and assigns of the respective parties hereto. 4. This Agreement cancels and supersedes, as of its effective date, existing agreements relating to the sale of gas by Seller to Buyer as follows: ..1IIlI1. ..m.-....-"l TI~1. ..ll _ 8. 1t56. IN WITNESS WHEREOF the parties hereto have executed this Agreement by their duly authorized officials on the dates set forth below. HOUSTON TEXAS GAS AND OIL CORPORATION .. 0'1 tt.1t4.~,W.W / / ary Dat~ 7:~~J~/1_/~~-'7 -" -.. -- Approved " -e;i>-fOrm: 8;1i! ~.ctn.~-)__ _ _ - ~ ~ j ....,.J -'City,!ttorney Date~ /5_ N S7 Counter ned: ' { "".u~~J/ M or-Conun:Lc!i loner . , "'r-'~" , ,. " I I EXHIBIT A To Service Agreement Dated March 1, 1957 Effective .Tulv ~. lQ'i8 (Supersedes Exhibit A" Effective on none ) The portions of the Annual Contract ~uantity of therms for the determination of the 1 each month are as follows: Month of Service Year Ending January XXXXX February XXXXX March XXXXX April XXXXX May JCXJLTI June XXXXX July 210.600 August 191,600 /,)~" : 7 ~, . ....) 7.' ~. September 210,600 /( ,::.- October 229.800 < 344,700 / n 3JC November! December I." "00 ') :' q. ,.~.-I".....A """.0 "-- / ~ June i9L +g59 {a,Jl u<j.I'y I..Q7,9no ~,~I'1,la.f7 J..(Q,I'iOO ~lj'Ci;l,l , ~" J)on ~ri:j.,_ J~l. l ?nn ~y , 249.000 June 210.600 July. XXXXX August XXXXX September XXXXX <'" ~,"i,l /~': ......~..:; t!i. '" i :) :.'. .I .:.... I'~'~ \..::H.. ' /-/0, ~'c' t .t; ~v . ;;:;'1S(;( /6 '3':<' -..,.I .,,, Total for } ~Q QOQ Service Yea' . ... ~.. J't".-~ . , .,;.. ~.. Date~ IS,lr~7-' Countersigned: .{,~- - ~-;,~ .. I I EXHIBIT A Effective AugtDt I, 1960 To Service Agreement Dated Xarah 1.1957 (Supersedes Exhibit "A" Effective on Jul;r I, 1958 ) The portions of the Annual Contract ~uantity of 4,780,000 therms for the determination of the Minimum Bill each month are as follows: Month of Service Year Ending .JJl17Jl, 1961. January January February.' February . March McJ,rch . Apri 1..... . April May May June June !" ' July July August 191.200 August . September 21S,100' . . September October 239.000 Oc tober , "~I, 430,200 November. November Dec~mber ST3,cIoo . December. Total for Service Year 740,900 6$,200 . 669 ,200 )82,400 . 262 900 .. . 215,100 191,200 4.780,000 - - ,~- - HOUSTO~AS1ASAND ~~IORPORAT~ON. .' . .'. .' . .A Ih~Y-l''''~I' . . ~~~~ -ATTE~VI tll ~ /" CMTEST: , -~r<-7v~---- -,/:~ Secretary .. Date September 13, 1960 ........ ~r. ~..l .r~'t ray -6 -~~....~ 7. /?~p IF ' Counte~/ ~'.E - ",yo~ . ~