NATURAL GAS AGREEMENTS (021)
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FORM OF SERVICE AGREEMENT
FOR GENERAL SERVICE
THIS AGREEMENT entered into this 25th day of February 1980,
by and between Florida Gas Transmission Company, a corporation
of the State of Delaware (herein called "Seller") and
City of Clearwater, Florida, (herein called "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, the receipt
and sufficiency of which are hereby acknowledged, 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 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 and the Annual Contract Quantity speci-
fied below at the Point(s) of Delivery set forth in Article IV
hereof:
Maximum Daily Contract Quantity (Therms)
100,000
11,499,000
Annual Contract Quantity (Therms)
ARTICLE II
Rate Schedule
1. Buyer shall pay Seller, for all service rendered hereunder,
the prices established under Seller's Rate Schedule G as filed with
the Federal Energy Regulatory Commission and as said Rate Schedule
may hereafter be legally amended or superseded.
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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 Energy Regulatory
Commission (as the same may hereafter be legally amended or superseded),
all of which are made a part hereof by this reference.
ARTICLE III
Term of Agreement
This Agreement shall be effective on February 25, 1980, and
shall continue in effect until July 1, 1999, and thereafter from
year to year unless and until terminated either by Seller or by Buyer
upon twelve (12) months' prior written notice to the other specifying
a termination date at the end of such period or any yearly period
thereafter. It is understood that Seller does not now have and may
not have in the future sufficient gas reserves to supply Buyer with
gas for the term of this Service Agreement and that, consequently,
Seller will not be responsible for a failure to have gas available
for delivery hereunder.
ARTICLE IV
Point of Delivery
The Point(s) of Delivery for all natural gas purchased under this
Agreement shall be at the City gate(s) of:
North Clearwater, Florida - not to exceed 90,000 therms per day;
South Clearwater, Florida - not to exceed 90,000 therms per day
East Clearwat~r, Florida - not to exceed 90,000 therms per day
ARTICLE V
Notices
All
shall be
below or
writing:
notices and communications with respect to this Agreement
in writing and sent by prepaid mail to the addresses stated
at such other address as may hereafter be designated in
Seller:
Florida Gas Transmission Company
P.O. Box 44
Winter Park, Florida 32790
Buyer:
City of Clearwater
P. O. Box 4749
Clearwater, Florida
33518
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ARTICLE VI
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 FERC Gas Tariff upon filing
with the Federal Energy Regulatory Commission under Section 4 of the
Natural Gas Act and acceptance thereof by the Federal Energy Regulatory
Commission.
3. This Agreement shall bind and benefit the successors and
assigns of the respective parties hereto.
4. This Agreement cancels and supersedes, as of its effective
date, existing agreement relating to the sale of gas by Seller to
Buyer as follows: August 25, 1973
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by their duly authorized officials on the dates set forth
below.
FLORIDA GAS TRANSMISSION COMPANY
By:
CITY;F, CLEAR1:TER, FL:;A ~
By: Cz.t, tJ" ,.-Q 'B,-\k.. , ., .
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Title: Acting City Manager
Title:
ATTEST:
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Counsel
ATTEST:
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Mayor- Commissioner
Date: April 1, 1980
rectness:
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