SECOND AMENDMENT TO AGREEMENT
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement (this "Second Amendment") is made
and entered into this ~ day of November, 2005, by and between Clearwater Gas
System, a department of the City of Clearwater, a Florida municipal corporation
("Clearwater"), and Peoples Gas System, a division of Tampa Electric Company
(successor by merger to Peoples Gas System, Inc.), a Florida corporation ("PGS"), to
amend certain provisions of the Agreement dated March 17, 1995 between Clearwater
and PGS (as heretofore amended, the "Agreement"). Clearwater and PGS are
sometimes referred to singularly as "Party" and collectively referred to as "Parties."
W!! N E SSE! H:
WHEREAS, Clearwater and PGS have heretofore entered into the Agreement, a
copy of which is attached hereto, for the purpose of avoiding uneconomic duplication of
facilities used to provide natural gas service to the public within Pasco County, Florida;
WHEREAS, the Agreement was approved by Order No. PSC-95-0620-AS-GU
(Docket No. 940660-GU), issued by the Florida Public Service Commission (the "PSC")
on May 22, 1995;
WHEREAS, because of the manner in which the Natural Gas facilities of the
Parties developed, it became desirable that Clearwater provide Natural Gas service to
certain areas designated in the Agreement as PGS Territorial Area, and the Parties
entered into the First Amendment to Agreement dated December 2, 2004, which was
approved by Order No. PSC-05-0163-PAA-GU, issued February 10, 2005; and
WHEREAS, the Parties have determined it is desirable that Clearwater provide
Natural Gas service to additional areas designated in the Agreement as PGS Territorial
Area.
NOW, THEREFORE, in fulfillment of the purposes and desires aforesaid, and in
consideration of the mutual covenants and agreements herein contained, which shall be
construed as being interdependent, the Parties, subject to and upon the conditions
herein set forth, hereby agree as follows:
1. Section 1.2 of the Agreement is hereby amended to read in its entirety as
follows:
Section 1.2 Clearwater Territorial Area As used herein, the term
"Clearwater Territorial Area" shall mean the areas labeled Clearwater Gas
System Pasco County Service Area on Second Revised Exhibit "A" to this
Agreement, which areas are more particularly described as folloyvs:
The Oriqinal1995 Clearwater Territory:
(a) Beginning at the Gulf of Mexico at the northwest
corner of Section 30, Township 25 South, Range 16 East and then
running easterly along the section lines approximately 0.5 mile
north of Ridge Road to the westernmost property line of the
frontage property along the western side of Little Road and then
generally northerly along the westernmost property lines of the
frontage properties along the western side of Little Road to the
centerline of SR 52 and then generally easterly along the centerline
of SR 52 to the easternmost boundary of the Serenova
Development, intersecting at the centerline of SR 52. The following
the eastern and southern boundary lines of the Serenova
Development (the legal description of such Development being
attached hereto and made a part hereof as Exhibit "B") and then
westerly along the southern boundary of the Serenova
Development to the northeast corner of Section 2, Township 26
South, Range 17 East and then southerly along the east line of
Section 2, 11, 14, 23, 26 and 35 of Township 26 South, Range 17
East to the Hillsborough/Pasco County line, then westerly along the
Hillsborough/Pasco County line to the Gulf of Mexico.
(b) All parcels of property adjacent to the western right of
way of Little Road within the area described in paragraph (a)
above.
2
The Added 2004 and 2005 Clearwater Territorv:
(c) Beginning at the easternmost boundary of the Original
1995 Clearwater Territory described in paragraph (a) above at the
centerline of SR 52 near Hayes Road, then easterly along the
centerline of SR 52 to the centerline of Ehren Cutoff Road (CR
583); then southerly along the centerline of Ehren Cutoff Road (CR
583) to the centerline of Land 0' Lakes Boulevard (US 41); then
northerly along the centerline of Land 0' Lakes Boulevard (US 41)
to the centerline of Little Lake Thomas Road; then southwesterly
along the centerline of Little Lake Thomas Road to the centerline of
Tower Road; then southwesterly along the centerline of Tower
Road to the east section line of Section 16, Township 26 South,
Range 18 East; then south to the southeast corner of Section 16,
Township 26 South, Range 18 East; then west to the northeast
corner of Section 20, Township 26 South, Range 18 East; then
south to the southeast corner of Section 20, Township 26 South,
Range 18 East; then west to the northwest corner of Section 30,
Township 26 South, Range 18 East; then continuing west to the
easternmost boundary of the Original 1995 Clearwater Territory
described in paragraph (a) above at or near the northwest corner of
Section 25, Township 26 South, Range 17 East; then north along
the west section lines of Sections 24, 13, 12 and 1, Township 26
South, Range 17 East, to the northwest corner of Section 1,
Township 26 South, Range 17 East; then east along the southern
boundary line of the Serenova Development (Exhibit "B"); then
continuing north along the eastern boundary of the Serenova
Development until intersecting the centerline of SR 52.
(d) A corridor in Section 30, Township 26 South, Range 18
East from the intersection of the centerline of SR 54 and the
centerline of the future entrance road to the Bexley Ranch property,
northerly along the centerline of the future entrance road to the
Bexley Ranch property to the northern boundary of Section 30,
Township 26 South, Range 18 East. Said corridor shall include all
parcels on the easterly side of the future entrance road to the
Bexley Ranch property and all parcels on the westerly side of said
entrance road, but excluding all parcels adjacent to SR 54.
(e) When reference is made in paragraphs (a) and (c) above to
the "centerline" of a boundary line road between the Clearwater and PGS
Territorial Areas, it is intended that adjacent parcels on both sides of that
road be included within the Clearwater Territorial Area provided that
Clearwater has extended its main along the subject boundary line road;
however, (i) if Clearwater has not extended main along a boundary line
road and (ii) service is requested by a potential customer lying on the PGS
side of such a road serving as a boundary line, and (iii) PGS's facilities for
the provision of such service are more proximate to such customer than
are those of Clearwater, then PGS shall have the right to serve such
customer.
3
If there is a conflict between the boundaries of the Clearwater Territorial
Area set forth in this Section 1.2 and the boundaries of the Clearwater
Territorial Area as depicted on Second Revised Exhibit "A" to this
Agreement, the boundaries set forth in this Section 1.2 shall govern.
2. Section 1.3 of the Agreement is hereby amended to read in its entirety as
follows:
Section 1.3 PGS Territorial Area As used herein, the
term "PGS Territorial Area" shall mean the areas labeled Peoples Gas
System Pasco County Service Area on Second Revised Exhibit "A" to this
Agreement, such areas consisting of all areas within Pasco County which
are not located within the Clearwater Territorial Area described in Section
1.2 of this Agreement. If there is a conflict between the boundaries of the
PGS Territorial Area set forth in this Section 1.3 and the boundaries of the
PGS Territorial Area as depicted on Second Revised Exhibit "A" to this
Agreement, the boundaries set forth in this Section 1.3 shall govern.
3. Section 1.8 of the Agreement is hereby amended to read in its entirety as
follows:
Section 1.8 Territorial Boundary Line As used herein, the
term "Territorial Boundary Line" shall mean each of the boundary lines so
labeled, designating the dividing line between the areas shown on Second
Revised Exhibit "A" to this Agreement, which boundary lines are more
particularly described in Section 1.2 of this Agreement.
4
4. First Revised Exhibit "A" to the Agreement is hereby deleted, and Second
Revised Exhibit "A" attached hereto is hereby substituted therefor.
5. Except as modified by this Second Amendment, the Agreement shall
continue in full force and effect.
6. The provisions and the Parties' performance of the Agreement, as hereby
amended, are subject to the regulatory authority of the PSG, whose approval of the
Agreement, as hereby amended, shall be an absolute condition precedent to the validity,
enforceability and applicability of this Second Amendment and of the Agreement as
hereby amended. This Second Amendment shall have no force or effect whatsoever until
such approval has been obtained, and the Parties hereby agree to jointly petition the PSG
for such approval. This Second Amendment shall become effective on the date of
expiration of the appeal period following the issuance by the PSG of an order approving
this Second Amendment and the Agreement as hereby amended. In the event the PSG
declines to approve this Second Amendment, the same shall be of no force or effect, and
neither Party shall have any claim against the other arising out of this Second
Amendment.
5
IN WITNESS WHEREOF, the Parties have caused this Second Amendment to be
executed by their respective duly authorized officers as of the date first written above.
PEOPLES GAS SYSTEM, a division
of Tampa Electric Company
By:
$M c:-~
William N. Cantrell
President
Countersigned:
CITY OF CLEARWATER, FLORIDA
-f~ y ~By~tlati~~.~~
Frank V. Hibbard . William B. Horne II
Mayor City Manager
Approved as to form:
Attest:
~~~(kuu
~ynt . GOUdeau-:..... ..__
ity Clerk . .
. .: /~
Laur Lipowski
Assi tant City Attorney
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EXHIBIT B
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RIGHT.OF.WAY UNE.AHO THE WESTERLY SOUNOS OF THE FLORlOA POWeR COftPOAAllON
RIGHT.CF.WAY AS .RE~om..... 0.1\. BOOK~. PAGES ~ AND ~ PUBUC .-coPlDS OF
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22.4.62.13 FElT TO A POINT ON THe wesTeRLY UN!f OF THE NORTJoiEAST ~ ,. O~ SAIO
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25, la.2Z'.~2 P!~IT TO THe POtNT OF BEGlNNtNG.
co NT A'N'NG 3,~.Q50 AQlES OF LANe. MOA~ OR LESS.
i,1$!STHE WEST' /20[: THE NORTH~T 1/4 OF SiiCTJCN 15. .rcw~ 25 SCVTH. fiIWfG.!
t TI'A$T. CONT At~NG ao ACRES MOft~ OR LESS. . .
~ss THE :iOIJT}1EAST 1/4 Of TM! NORTHEAST 1/4 OF THE SO~EAST 1/4 ~ THI!
NCfnHEASi 1{4 Cf'THeSOUTHeAST 1 14 OF".... SOVTHEAST 1J.40F secnoN ,.t. i~H'P
2$ SOVl"H. RANGe 11 EAST. CONT AlNING 20 AC~ES MORe OA l.2S8.
AlSO:
A II'AACCl" Of LANO SEtNG POA110NS OF SEC110NS 26. 27. J4. ,J5 ANC 34. iOWHIHlP 2-D
SCUTa RANGi 17 EAST, PASCOCOUNTY.FLCfUCA. eEINGMOAEPARnCUl..AA1.YO<<SQ(U5eo
AS FOLLOWS:
elOIN AT THe SOUTHEAST CORNEr. OP S1I.D SECTION ~; THEN~ NtN5$'~:r'N ALONG mE
SOlJ't'l1IRL'f UNf OF SAlO SECTION ~6. $,294.aQ FfET TO ll-l! SOurnEAST CORNER 0fI $AIC
SECTION ~; 1'HENCS N89'M'22"W ALONG THE $OUTHEttL'f UNE OF SAID SeCTION 3:5.
5.~O.80 fl'eer TO THe: SOUTHEAST CCRNErl OF SAID SiCTtON :}4; Tt'tENCE ~7$rw
ALONG ~E SOUTHER"- Y UN&: OF S,.\lO SI!CTlON 34, ~.OO FeET; TH&:NC~ lEAVING SAlO
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2.04Q.OO nc; T....~NC~ lEAvING SAlO UNe N.3t ~8'oa"W. 1.0.43.08 FEeT; THfN~ ~ns8'"W.
170.00 '.arT; TliEN~ S59"23'10~. Oe.3.31 ~ECT; THENC1! N~l1'06"W. 0813.24 FEn TO THE
t!A3TeRL.Y UN. a: A FLORIOA "OWER ~IGHT..oF.WAY UNe A$ "I!COACeo IN oPPtOAl.
RECCAOBOOK 286, PAGeS 04 ANO 35 oa: THE PU8UC "(CORDS OF P~GQ COUN1V.
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