DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICEClearwater Gas System
Providing Community Service since 1923
CITY OF CLEARWATER GAS SYSTEM
DEVELOPER AGREEMENT FOR NATURAL GAS DISTRIBUTION SERVICE
This Agreement is entered into this first day of January 2005, between the City of Clearwater,
Florida/Clearwater Gas System a municipal corporation, hereinafter called the "CITY' and, Longleaf
Development Company hereinafter called the "DEVELOPER".
Whereas DEVELOPER represents that it is building for sale, approximately 900 Hundred (900) single-family
residential lots in a subdivision to be known as Longleaf Subdivision, located in Section 19, Township 26,
Range 17 East and as will be recorded in the Official Records of Pasco County, Florida.
Whereas CITY represents that it will install gas mains and distribution facilities to serve the said development
along with providing piping and hook up to appliances in BUILDER'S model homes. The DEVELOPER will
provide platted utility easements for the installation of underground gas mains and distribution facilities.
Whereas DEVELOPER will require BUILDERS to make gas features available to lot purchases.
Now therefore in consideration of the mutual covenants herein contained the parties agree as follows:
1. The term of this Agreement shall commence upon the date of this Agreement and shall continue
until all the lots on the above-referenced development are sold.
2. In consideration of this CITY investment, the DEVELOPER shall require all BUILDERS model
homes in the development to install an energy efficient gas water heater, energy efficient gas heating
system, gas range, and gas dryer.
3. In consideration of this CITY investment of approximately $876,000, the DEVELOPER shall require
all builders in the development to install an energy efficient gas water heater, energy efficient gas
heating system, and provide the necessary piping to permit the installation of a gas range and a gas
clothes dryer in a minimum of 50% of the homes (450) built in the development, and to execute a
BUILDER Agreement with Clearwater Gas System.
4. This agreement shall be binding upon such successors or assigns of the DEVELOPER.
5. In the event that the builders on the lots developed by the DEVELOPER do not build 450 standard
(Water Heater, gas Heating System, and necessary piping for Range and clothes Dryer) gas homes
by December 31st, 2014 the DEVELOPER agrees to reimburse the CITY Two Hundred Seventy
Dollars ($270.00) per home for such shortfall that has not been reimbursed by the builders under the
BUILDERS separate agreement with the CITY.
6. CITY and DEVELOPER agree that if any litigation results from this Agreement, that it shall be
Governed by a court of competent jurisdiction in Pinellas County, Florida, and that each party shall
bear its own attorneys fees and costs.
7. This Agreement shall not be recorded.
2551 Drew Street, Suite 304 - Clearwater, FL - 33765
PO Box 4748 • Clearwater, FL • 33758-4748 • (727) 669-1958 • Fax (727) 669-1968
AN EQUAL OPPORTUN11Y AND AFFIRMATIVE ACTION EMPLOYER
www.clearwatergas.com
8. The DEVELOPER shall grant an easement of sufficient description over, under, across and through
the streets, roads, alleys or thoroughfares within the subdivision to adequately provide gas service as
contemplated herein.
9. In consideration of the above, the CITY will pay $ 100.00 to DEVELOPER as an allowance for each
standard (Water Heating, gas Heating System, and necessary piping for Range and clothes Dryer)
gas home built in the development payable upon initiation of gas service by CITY to a home in the
aforesaid subdivision. The allowances shall be paid to the DEVELOPER monthly after gas service is
turned on at each home.
10. Should the Builders exceed the minimum number of standard homes (450), the following schedule
shall become effective for the DEVELOPER:
Number of Standard Gas Homes Built Marginal Increase in Allowance
451-495 5%
496-540 10%
541-585 15%
586-630 20%
631-720 25%
721-900 100%
11. In addition, the CITY will pay to DEVELOPER a $50.00 allowance for each lot, which installs and
utilizes a minimum 250,000 BTU Natural gas pool/spa heater at time of home construction by a
BUILDER. The CITY will pay to DEVELOPER an allowance for each initial commercial account that
utilizes Natural Gas within Longleaf Development. For commercial accounts with an estimated
annual consumption of 1000 Therms per year or less, an allowance of $150.00 will be paid. For
commercial accounts with an estimated annual consumption between 1001-5000 Therms per year,
an allowance of $300.00 will be paid. For commercial accounts with an estimated annual
consumption of more than 5000 Therms per year, an allowance of $1000.00 will be paid.
12. The CITY will offer the DEVELOPER an allowance for gas lighting for all development entrances.
The CITY will provide an allowance of $250.00 per gaslight (Labor and Material) up to 100 gaslights.
The CITY will offer the DEVELOPER an allowance for street lighting for the business districts and
common grounds. The CITY will provide an allowance of $500.00 per gaslight (Labor and Material).
A 10-year Gas Lighting Agreement will be required.
13. The CITY will offer the DEVELOPER a Teledyne Laars LLD40ON 400,000 BTU Pool Heater (or
equivalent), and piping to Pool Heater at No Charge to DEVELOPER for use to heat community
pool. This offer is valid for two (2) community pool locations. A 5-year Contract for Gas Service
agreement will be required.
14. The parties agree that the quota of 450 units shall be deemed met if the BUILDERS collectively
reach said total, regardless of the BUILDERS individual totals.
15. The parties further acknowledge that Longleaf is a phased development and that the installation on
the main gas lines and distribution facilities by the CITY will be constructed and installed as each
phase is developed. In the event one or more phases is not developed, and the main gas lines are
not installed, the CITY investment will be decreased and any required reimbursement by the
DEVELOPER shall be reduced proportionately. The DEVELOPER shall notify the CITY of any
decision not to develop any particular phase but thereafter if the DEVELOPER re-institutes its plans
and does in fact develop any canceled phase, then all of the provisions of this agreement shall apply.
16. In the determination of any shortfall for reimbursement, the DEVELOPER shall receive a credit of
one-half of a house for each gas pool/spa heater that is installed in the subdivision. This pool/spa
heater credit shall not be used to determine the Marginal Increase in allowance.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officials
on the Agreement date set forth above.
Approved and accepted by:
CITY OF CLEARWATER, FL RIDA
By:
Charles S. Warri gton, Jr. CAW
Gas System Managing Director
Agreed to and accepted by:
DEVELOPER
Lon eaf D velopment Company
Developer Incentives
House Allowance
1 ?' 450 Homes @ standard rebate of $150.00 per house $ 67500.00
451-- 495 House @ $157.50 (5% Bonus) $ 7087.50
496 - 540 House @ $165.00 (10% Bonus) $ 7425.00
541 - 585 House @ $172.50 (15% Bonus) $ 7762.50
586 - 630 House @ $180.00 (20 % Bonus) $ 8100.00
631 - 720 House @ $187.50 (25% Bonus) $ 8437.50
$106312.50
721---900 House @ $ 300.00 (100% Bonus) $ 54000.00
$160,312.50
Pool Heater Allowance $ 4,500 - $ 6,750
(ESTIMATE)
$50.00 per Pool/Spa Heater Allowance
(Estimate 10 -15 % of homes will have gas heater)
Commercial Allowance $2,500+
(ESTIMATE)
< 1000 Therms = $150.00 allowance
1000- 5000 Therms = $300.00 allowance
5000 Therms = $1000.00 allowance
Community Pool Heater/Piping Allowance $4,000+
(ESTIMATE)
2- Pool Heaters with piping and Gas Contract
Lighting Allowance $ 31,000.00
(ESTIMATE)
$250.00 per light allowance for entrances.
$500.00 per light allowance for street lighting.
$204,562.50