NATURAL GAS AGREEMENTS (019)
I
I
,C
SERVICE AGREEMENT FOR
PREFERRED INTERRUPTIBLE RESALE SERVICE
THIS AGREEMENT entered into this 25th day of August
19l1-, by and between Florida Gas Transmission Company, a corporation of
the State of Delaware (herein called "Seller") and
Citv of Clearwater. Florida (herein called "Buyer).
WIT N E SSE T H:
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
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
i ;)!J___~:::r_;-;1 '. ._ c
,
I
I
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.
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 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legally amended or superseded.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 (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the same may hereafter be legally amended or superseded), all of which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 August 25, 1973
and shall continue in effect until June 1. 1982 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.
- 2 -
,
,
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, South Clearwater and East Clearwater, Florida
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 Pinellas 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.
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 32789
Buyer:
City of Clearwater
P. O. Box 4749
Clearwater, Florida 33518
ARTICLE VI
Miscellaneous
1. Seller may make changes in its FPC 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 -
~.
I
I
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
follows:
June 1, 1972
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
by their duly authorized officials on the dates set forth below.
- ~-
.
FLORmA GAS TRANSMISSION CCMPANY
By
w,J,~
Title Vice President - Sales
ATTEST:
Sl'Jl:2h~
AsSistant Secretary
I
Date
- ~
"
"
.
~ ~~ .--
~ - -- -
~... .-
Approved as to for
'/4-</ -~4~
City Attorn'ey
- 4 -