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NATURAL GAS AGREEMENTS (015) I I FLORIDA GAS TRANSMISSION COMPANY GENERAL OFFICES. ORLANDO AND ORANGE AVENUES. P.O.BOX 44 . WINTER PARK, FLORIDA. 32789 . TELEPHONE 644-2210 June 1, 1972 City of Clearwater Utilities Department P. O. Box 4749 Clearwater, Florida 33518 Attention: Mr. W. C. Stopher, Utilities Director Dear Mr. Stopher: This letter evidences the understanding and agreement with respect to the construction, operation and maintenance of facilities necessary to provide an additional delivery point for the City of Clearwater's natural gas system. It is understood that this additional delivery point is at the request of the City of Clear- water and is for the purpose of providing improved gas operations for the City of Clearwater that otherwise could be obtained only by the construction of additional facilities within the gas system. The additional delivery point is to be located near the intersection of State Roads 580 and 593 within the city limits of Clearwater, Florida. Florida Gas Transmission Company agrees to construct, operate and maintain additional facilities, including a metering and regulating station and a short lateral for the delivery of natural gas. It is agreed that the title to the facilities to be constructed shall be in Florida Gas Transmission and the cost of the installed facilities will be borne by the City of Clearwater. Interim invoices will be submitted at the discretion of Florida Gas Transmission Company as charges are accumulated for the installation of said facilities and payment for the actual cost of the installed facilities is to be made upon presentation of said invoices. ~ " oF """':. . I I Mr, W. C. Stopher June 1, 1972 Page 2 As conditions precedent to the actual delivery of gas through this additional delivery point, the City of Clearwater will connect this delivery point to its present distribution system and execute the attached revised service agreements. All required authorizations, permits and easements must be obtained by the parties to construct the facilities for the purpose of delivering and receiving natural gas through the additional delivery point. The City of Clearwater will provide the necessary meter site to Florida Gas Transmission Company at a location agreeable to both parties and either a clear title shall be furnished Florida Gas Transmission Company or a lease agreement satisfactory to same. If the foregoing correctly states our understanding and agreement, please indicate your acceptance in the space provided below and return the fully executed original of this letter to us. Very truly yours, U-J. J. ~ W. J. Smith Vice President - Sales Accepted this 26 th day of June ,1972. The City of Clearwater, Florida By ~~L::~~ Title Uti J i ti es Dj rector . - ~ ~~-" l~ . I .r'. I SERVICE AGREEMENT FOR INTERRUPTIBLE RESALE SERVICE I PREFERRED THIS AGREEMENT entered into this 1st day of June , 1972, by and between Florida Gas Transmission Company, a corporation of the State of Delaware (herein called "Seller") and City o,f Clearwater, Florida, (herein called "Buyer"): WITNESSETH: WHEREAS, Buyer has certain individual commercial or 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, Seller and Buyer agree as follows: ARTICLE I QUANTITIES (a) 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 drom Seller, Buyer's requirements of natural gas for resale on an interruptible basis to commercial or industrial customers or both. (b) Buyer shall on request furnish Seller estimates of daily, monthly, and annual , i gas requ1rsments I as far in advance as reasonably possible. It is agreed that buyer shall have the exclusive right to sell gas supplied by seller within its present supply area including the areas of the cities of Safety Harbor and Dunnedin, with which it has franchises, and including but not limited to the area within the following boundaries in Pinell~s County, Florida: . Bounded on the North by County Road 38, extended to the West line of Section 15, Twnp. 28S, Rge l6E; bounded on the East by the high water mark of Tampa Bay, bounded on the South by State Road 686 excluding the Northern boundaries of the Town of Largo, Florida; bounded on the West by the waters of the Gulf of Mexico. ,Ji:: ~.~;~~,: 'ir'~ ~}~\, C,A f.... ,"),1 ..-.\~. U.').-",c,c/_ .. , -" '.~, .. " ,..:;::......;._~... :. -/ ! I I ARTICLE II RATE Buyer shall pay Seller, for all services rendered hereunder, the price established under Seller's Rate Schedule I, ils filed with the Federal Power Commission and as said Rate Schedule may hereafter be legally amended or superseded. Deliveries hereunder shall be subject to the provisions of such Rate Schedule and General Terms and Conditions applicable thereto on file with the Federal Power Commission (as the same may hereafter be legally amended or superseded) which by reference are incorporated herein and made a part hereof. ARTICLE III TERM OF AGREEMENT This Agreement shall be effective on the date hereof and shall continue in effect for a period of ten years from the date of first delivery of gas hereunder, and from year to year thereafter unless and until terminated either by Seller or Buyer upon twelve (12) months' prior writte~ 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 under this I Agreement shall be at thei City Gate(s) of North Clearwater, Florida South Clearwater, Florida East Clearwater, Florida 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: - 2 - I SELLER: I Florida Gas Transmission Company P. O. Box 44 Winter Park, Florida 32789 BUYER: City of Clearwater, Florida c/o City Manager P. O. Box 1348 Clearwater, Florida ARTICLE VI MISCELLANEOUS (a) 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. (b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) 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. IN WITNESS WHEREOF the parties hereto have executed this Agreement by their d.uly authorized officials on the dates set forth below. ".-;' ATTEST: v/{J!l/~ A~istant Secretary ~.'.....' %.... .'.' , . -t. ~~ID: City Clerk -3- FLORIDA GAS TRANSMISSION COMPANY By W. -.\. ~ Vice President - Sales "SELLER" By .