FIRST AMENDMENT TO GAS SUPPLY AND TRANSPORTATION AGREEMENT
FIRST AMENDMENT
TO
GAS SUPPLY AND TRANSPORTATION AGREEMENT
This First Amendment to Gas Supply and Transportation Agreement (this "First
Amendment") is made and entered into as of the Ira. day of August, 2005, by and between
Peoples Gas System, a Division of Tampa Electric Company, a Florida corporation ("PGS"),
and Clearwater Gas System, a department of the City of Clearwater, Florida, a municipal
corporation organized and existing under the laws of the State of Florida ("CGS"), to amend certain
provisions of the Gas Supply and Transportation Agreement dated as of December 2, 2004
between PGS and CGS (the "Agreement").
WHEREAS, the parties desire to amend the Agreement in order to modify the location of
one of the meter stations to be installed by PGS pursuant to the Agreement.
NOW, THEREFORE, in consideration of the premises, the mutual promises contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows:
1. All capitalized terms not otherwise defined herein shall have the meanings given to such
terms in the Agreement.
2. Section 3.3 of the Agreement is hereby amended and restated in its entirety to read as
follows:
Section 3.3 MeterinQ Equipment and locations. PGS agrees to install all
facilities used to provide sales service to CGS hereunder and all such facilities shall
be owned, operated and maintained by PGS. Such facilities shall include two (2)
meter stations to serve CGS customers east of the Parkway, which meters shall be
generally located at or near (i) the intersection of Hays Road and Hudson Lane and
(ii) the Bexley entrance road just east of the intersection of the Parkway and State
Road 54, as indicated in Appendix A. In addition, PGS shall provide a temporary
compressed natural gas (CNG) facility near Connerton (to enable CGS to serve
customers in Connerton), as indicated in Appendix A. PGS shall provide such
temporary CNG facility until PGS has installed Gas Service Facilities capable of
providing natural gas service to Connerton, which Gas Service Facilities shall be
installed and ready for use no later than the earlier to occur of (x) June 2007 or (y)
the completion of 150 homes within Connerton. Said Gas Service Facilities shall
include a gas delivery main pipeline from the meter station at Hays Road and
Hudson Lane to CGS's connection point near the intersection of Hays Road and
State Road 52 (approximately two miles to the south). PGS shall ensure that any
service provided to customers other than CGS along this delivery main is
appropriately accounted for in the billing of service provided to CGS. If CGS elects
to receive transportation only service pursuant to Section 3.4, CGS shall (i) on
receipt of PGS's invoice therefor, reimburse PGS for all costs incurred for telemetry
and other equipment which PGS must install in connection with providing
transportation service, and (ii) provide, pay for and set up telecommunications lines
required for telemetry. Unless the parties agree otherwise, all facilities used to
provide transportation service to CGS hereunder shall be installed, owned,
operated and maintained by PGS.
3. Appendix A to the Agreement is hereby deleted in its entirety and replaced by Appendix A
attached hereto.
4. Except as modified by this First Amendment, the Agreement shall continue in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their respective duly authorized officers as of the date first above written.
PEOPLES GAS SYSTEM, a division of
TAMPA ELECTRIC COMPANY
By:
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William N. Cantrell
President
Countersigned:
By:
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CE.r:a'nk Hibbard
Mayor
Approved as to form:
Attest:
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fV Cy h' E. Goudeau;'. .
City Clerk . ...:.
- -
_. .
Laur Lipowski
Assi . tant City Attorney
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APPENDIX A