NATURAL GAS AGREEMENTS (023)
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FORM OF SERVICE AGREEMENT
FOR
PREFERRED INTERRUPTIBLE RESALE 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 has certain individual commercial and
industrial customers within its service area who desire to obtain
gas from Buyer for their own use, and Buyer desires to purchase
such gas from Seller for resale to such commercial or industrial
customers, and
WHEREAS, Seller is willing to sell and deliver natural gas
to Buyer,
NOW, THEREFORE, in consideration of the premises and mutual
covenants contained herein, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agree as follows:
ARTICLE I
Quantities
1. Subject to the terms and provisions of this Agreement,
Seller agrees to sell and deliver to Buyer, to the extent that
Seller has gas available, and Buyer agrees to purchase and receive
from Seller, Buyer's requirements of natural gas for resale on an
interruptible basis to commercial or industrial customers or both,
up to but not in excess of the Annual Volumetric Entitlement specified
below, at the Point(s) of Delivery set forth in Article IV hereof.
Annual Volumetric Entitlement (Therms) 8.000.000
2. Buyer shall on request furnish Seller estimates of daily,
monthly, and annual gas requirements as far in advance as reasonably
possible.
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ARTICLE II
Rate Schedule
1. Buyer shall pay Seller, for all service rendered hereunder,
the prices established under Seller's Rate Schedule I as filed
with the Federal Energy Regulatory 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Schedule may hereafter be legally amended or superseded.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 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be legally amended or superseded), all of which are made a part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
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 Clearwater, Florida - not to exceed 90,000 therms per day
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:
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Seller: Florida Gas Transmission Company
P. O. Box 44
Winter Park, Florida 32790
Buyer:
City of Clearwater
P. O. Box 4749
Clearwater, Florida
33518
ARTICLE VI
Miscellaneous
1. 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.
2. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their respective successors and assigns.
3. No waiver by either party of anyone or more defaults by
the other in the performance of any provision of this Agreement shall
operate or be construed as a waiver of any future default or defaults
of a like or a different character.
4. This Agreement cancels and supersedes, as of its effective
date, existing agreement relating to the sale of gas by Seller to
Buyer as foilows: 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
CITY OF CLEARWATER, FLORIDA
By:
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V ce President
By:Q~ ~,~., ()
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Title: Acting City Manager
Title:
ATTEST: //))/~
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Vice President d General: Counsel
ATTEST:
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4JorJ7~Clerk ,. :'..
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Mayor- Commissioner
Date:
rrectness:
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