THIRD AMENDMENT TO AGREEMENTTHIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement (this "Third Amendment ") is made and
entered into as of this 18th day of February, 2016, by and between the City of
Clearwater, a Florida municipality, d /b /a Clearwater Gas System ( "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."
WITNESSETH:
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 initially 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, the PSC approved the First Amendment to Agreement dated
December 2, 2004, by its Order No. PSC -05- 0163- PAA -GU, issued February 10, 2005,
and the Second Amendment to Agreement dated November 4, 2005, by its Order No.
PSC -06- 0052- PAA -GU, issued January 20, 2006; and
WHEREAS, the Parties have determined it is desirable that Clearwater provide
Natural Gas service to additional areas Tying within a new subdivision to be known as
Asturia heretofore 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 Third Revised Exhibit "A" to this
Agreement, which areas are more particularly described as follows:
The Original 1995 Clearwater Territory; Asturia Subdivision:
(a) Beginning at the Gulf of Mexico at the northwest corner of
Section 30, Township 25 South, Range 16 East (POB) 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. Then
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 and 23 of Township 26 South, Range 17
East to the northwest corner of Section 25, Township 26 South, Range 17
East; then easterly along the north line of said section for 1975.70 feet,
thence South 00 °23'37" West, for 2,656.48 feet; thence South 00 °16'14"
West, for 2,735.58 feet, then along the arc of a convex curve having a
radius of 243.81 feet, a central angle of 61°41'15", an arc length of 262.50
feet and a chord bearing North 78 °37'57" West, for 250.00 feet, then to a
concave curve having a radius of 172.47 feet, a central angle of 77 °43'55 ",
an arc length of 233.99 feet and a chord bearing North 83 °49'08" West, for
216.46 feet, then to a convex curve having a radius of 437.98 feet, a
central angle of 24 °36'27 ", an arc length of 188.11 feet and a chord
bearing South 83 °44'27" West, for 186.66 feet; thence North 00 °21'12"
East, for 83.25 feet; thence North 89 °02'24" West, for 256.03 feet to a
point of intersection with the Northerly right of way line of State Road 54
as described in Official Records Book 4926, page 1228 of the public
records of Pasco County Florida; thence North 48 °21'18" West, for 261.60
feet; then North 41 °38'42" East, for 314.09 feet to a concave curve having
a radius of 375.00 feet, a central angle of 64 °33'58 ", an arc length of
422.58 feet and a chord bearing North 09 °21'43 "East, for 400.57 feet; then
North 22 °55'16" West, for 335.02 feet to a concave curve having a radius
of 670.00 feet, a central angle of 31 °08'15 ", an arc length of 364.11 feet
and a chord bearing North 38 °29'24 "West, for 359.65 feet; then North
54 °03'32" West, for 716.06 feet; then South 32 °12'18" West, for 800.51
feet to a concave curve having a radius of 2634.51 feet, a central angle of
02°32'31", an arc length of 116.89 feet and a chord bearing South
49 °37'34 "East, for 116.87 feet; thence South 48 °21'18" East, for 185.29
feet to the intersection of the east line of Section 26, Township 26 South,
Range 17 East; and then southerly along the east line of Section 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 (POE) (See Third Revised Exhibit A).
(b) All parcels of property adjacent to the western right of
way of Little Road within the area described in paragraph (a)
above.
The Added 2004 and 2005 Clearwater Territory:
(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 a road serving as such 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.
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 Third 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 Third 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 Third 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 Third
Revised Exhibit "A" to this Agreement, which boundary lines are more
particularly described in Section 1.2 of this Agreement.
4. Second Revised Exhibit "A" to the Agreement is hereby deleted, and Third
Revised Exhibit "A" attached hereto is hereby substituted therefor.
5. Except as modified by this Third 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 PSC, whose approval of the
Agreement, as hereby amended, shall be an absolute condition precedent to the validity,
enforceability and applicability of this Third Amendment and of the Agreement as hereby
amended. This Third Amendment shall have no force or effect whatsoever until such
approval has been obtained, and the Parties hereby agree to jointly petition the PSC for
such approval. This Third Amendment shall become effective on the date of expiration of
the appeal period following the issuance by the PSC of an order approving this Third
Amendment and the Agreement as hereby amended. In the event the PSC declines to
approve this Third Amendment, the same shall be of no force or effect, and neither Party
shall have any claim against the other arising out of this Third Amendment.
[signature page follows]
IN WITNESS WHEREOF, the Parties have caused this Third 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:
G rdon L. Gillette
President
Countersigned: CITY OF CLEARWATER, FLORIDA
;cL_,
Charles S. Warrin , Jr.
Managing Director
Clearwater Gas System
G(eo ge Cretto S
George N. Cretekos
Mayor
By: ! (Ai iQ , . g .
William B. Horne II
City Manager
Approved as to form: Attest:
Laura Mahony
Assistant City Attorney
Rosemarie Call
City Clerk
THIRD REVISED EXHIBIT A
Clearwater Gas System /Peoples Gas System Pasco County Territorial Map
638
2,416 26.1fi 252476 02417 292417 282417
262417
151°17
302418 292418
182418
272419 .2416 252418 302419 293419 162419 27 1
/F11111111111
42517 032517 022517 ,
GLEN OAK A
162519 1
22.11
Serenov
20•25111,-.
212819 22.1A
4'CEV0e (See Exhibit B)
2.17 273517 1615
3425,1
35.17
ag'Sy stct1l°
5 Add d Territory 0 D
321516 332518 3.16 p' 0518 862519
aR Y 1G
04.19 03.18. �
022618 0P 01518
Rb
182519 27_19
19 322519
91156 I a62a19
o\
nal Territor
092617 102617
111817
172°17
162617 15.17
14.17
aD
HP
142618 132Pea�ples�SG s System-- Is
25 Kt PATIENCE fiasco b ,Cot.nty ervice Area
1995 Origin I Territory
2.18 192619 202619 0018 22.1
242616
•SR 54
SR 54
202617
212617 222617
13.17
7131 DR
252615
35.16
NE
20
ONE
6 31.16
Pa 6 County
240616 352616 .2616 312617
.667
Sq 54. s5545R
282617 ER54272917 S
4SR54 SR54
Cotildor
332617 342E17
ANCLOT0 BLVD
Pinellas County
Hillsborough County
See EXHIBIT C
Asturia Subdivision
12 -28 -2015