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26-08 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-53550703BDEB RESOLUTION NO. 26-08 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ACCEPTING THE FRANCHISE, PRIVILEGE AND CONCESSION OF THE CITY OF NEW PORT RICHEY, FLORIDA, FOR THE PURPOSE OF FURNISHING GAS WITHIN THE CITY OF NEW PORT RICHEY AND TO ITS INHABITANTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, renewal of a gas system franchise has been approved by the adopting of Ordinance #2026-2339 by the City of New Port Richey on May 5, 2026, a copy of which is attached hereto and incorporated herein as Exhibit "A"; and WHEREAS, the City of Clearwater City Council finds that the terms and conditions of the gas system franchise are acceptable; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1: The terms and conditions of the gas system franchise, privilege and concession granted by the City of New Port Richey, Florida, by the adoption of Ordinance 2026-2339 of the City Council of the City of New Port Richey on May 5, 2026, are hereby accepted, and the City Council of the City of Clearwater does hereby agree to comply with the terms and conditions of the franchise and with all reasonable ordinances adopted by the City Commission of the City of New Port Richey not inconsistent with the franchise. SECTION 2: This Resolution is not intended to modify, amend, or supersede the terms of the agreements described herein. The provisions of this Resolution are independent, and should any part be found void or unenforceable, the remaining provisions shall continue in force. SECTION 3: This Resolution shall be effective upon adoption. Upon adoption of this Resolution, the City clerk shall deliver a certified copy to the City Clerk for the City of New Port Richey. Signed by: PASSED AND ADOPTED this 4th day of June 2026. brw, "6r nREo63a22UAED Bruce Rector Mayor Ds Approved as to form: Attest: Ott Signed by: DocuSigned by: p Jerrod Simpson Rosemarie Call Senior Assistant City Attorney City Clerk Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 EXHIBIT „ „ ORDINANCE 2026-2339 AN ORDINANCE OF THE CITY of NEW PORT RICHEY, FLORIDA, GRANTING To THE CITY OF CLEARWATER, FLORIDA, ITS LEGAL REPRESENTATIVES, SUCCESSOR AND ASSIGNS,A GAS FRANCHISE II IMPOSING CERTAIN CONDITIONS RELATING THERETO: PROVIDING FOR. REPEAL of ALL ORDINANCES OR PARTS of ORDINANCES IN CONFLICT HEREWITH- PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 1n addition and supplemental to their other powers, the CITY OF NEW PORT RICHEY(hereinafter"Neter Dort Richey") and the CITY OF CLE. .RWATER(hereinafter "Clearwater"),pursuant to Chapter 163,Part I,Florida Statutes, as amended,commonly known as the"Florida Interlocal Cooperation Act of 1963", are authorized and empowered to cooperate with each other on a basis ofmutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of government organization that will hest accord with geographic, economic, population; and other factors influencing the needs and development of local communities; and. WHEREAS, it is in the hest interests of the citizens of NEW PORT RICHEY to he provided gas service whenever and wherever feasible; and, WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes, CLE NATER., la CLE NATER: GAS SYSTEM, has the power and the present capability to provide such gas services in NEW POINT R.ICHEY; and . AS, NEW PORT RICHEY and. CLEAR WATER_ wish to set forth their grants and conditions with respect to the provisions of such gas service to those areas within the corporate limits of NEW PORT R.ICHEY; and WHEREAS, NEW PORT RICI-3EY desires by virtue hereof to grant a FRANCHISE Io CLEAR WATER.pursuant to the provisions of the Florida Interlocal Cooperation Act of 1969, as amended. I Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 NOW, THEREFORE, THE CITY OF NEW PORT RICHEY, FLORIDA HEREBY ORDAINS: SECTION 1, INTERLOCAL AGREEMENT;PURPOSE. The parties acknowledge that CLEARWATER has the legal authority pursuant to Florida Statutes to provide gas service and, further,that NEW PORT RICHEY,upon appropriate exercise of its powers could also provide such service. NEW PORT RICHEY and CLE WATER have determined it is in the best interests of of parties and their citizens for CLE WATER to provide gas service within the corporate limits of NEW PORT RICHEY as defined herein. SECTION 2. RECITALS. The recitals and findings contained above are hereby incorporated within this agreement in full. SECTION 3. DEFINITIONS. Whenever in this ordinance the words or phrases hereafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions,unless in the given instance, the context wherein they are used shall clearly import a different meaning-. (a) CUSTOMER shall can any person, firm, public or private corporation or governmental agency served by the Grantee within the corporate limits of NEW PORT RICHEY. (b) GRANTEE or CLE WATER.shall mean the City of Clearwater,a Florida municipal corporation, in its present incorporated form, or as may subsequently be reorganized, consolidated, or reincorporated. - (+c NTOR or NEW PORT RICHEY shall mean the City of New Port Richey, a 2 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Florida municipal corporation,in its present incorporated form,or as may subsequently be reorganized, consolidated, or reincorporated. (d) GAS or NATURAL GAS shall mean-.natural -gas and/or manufactured gas and/or a mixture of gases which is r distributed in pipes, or compressed natural gas (CNG) transported via truck/trailer, and measured by meter on the CUSTOMER'S premises. It shall not mean propane gas or,li Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 use of CUSTOMERS. SECTION 4. TERM; GRANT;DEFINITION OF GAS. For a period of thirty (30) years from the effective date the FRANCHISE granted herein becomes effective, NEW PORT RICHEY, its successors and assigns, do hereby agree and give and grant to CLEARWATER, its successors and assigns, a FRANCHISE and any necessary right and authority to exercise the power to furnish GAS and to construct, operate and maintain within the corporate limits of NEW PORT RICHEY, in the rights-of-way, easements, lanes, alleys, sidewalks, squares, or public places which are suitable and otherwise legally available for such use, all facilities required by CLEARWATER to supply GAS to NEW PORT RICHEY, its inhabitants and the places of business located within NEW PORT RICHEY's corporate limits and other customers and areas now or hereafter supplied,or to be supplied,GAS by CLEARWATER. Notwithstanding any provision herein to the contrary, in the event the Parties have not memorialized in writing,the renewal or termination of this Franchise by the expiration of the then-effective term,this Franchise shall continue on a mon&to-month basis in accordance with the existing terms and conditions, until such time as tne Franchise is renewed or terminated in writing as provided for herein. SECTION 5 RATES, The rates,charges and fees to be charged by CLE WATER for GAS service within the corporate limits of NEW PORT RICHEY during the term of this FRANCHISE shall be as provided in CLEARWATE R's standard, system-wide rate schedule now or hereafter approved by CLEARWATER's-City Council, or as modified by the CLEARWATER Manager, or other designated CLEAR AER official,to the extent CLE WATER Manager,or other designated 4 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 CLEARWATER official is expressly authorized to-approve changes to such rates, charges, and fees, or such other agency of the State of Florida as may, have-proper jurisdiction over such rates and charges of -CLEARWATER under the -'general- laws of -the State of Florida, or CLEARWATER's charter and ordinances. Such rate scheduleshall be no greater than the rate schedule applied to rate payers within the corporate limits of CLEARWATER and,other customers in cities that have a franchise or agreement with CLEARWATER for GAS service. SECTION 6. ANNEXATIONQ In the event of the annexation of any territory to the present corporate limits of NEW PORT RICHEY, such annexed territory and all portions of the GAS system of CLEARWATER located therein shall become subject to all of the terms and conditions of this FRANCHISE as of the time such annexation becomes effective. It shall be the responsibility-of NEW PORT RICHEY to notify CLEARWATER in writing within thirty(30)days after the effective date of every such annexation by certified mail, return receipt requested. CLEARWATER shall implement such annexation within thirty(3-0)days of the recei t of the notice from NEW PORT RICHEY. ip If the FRANCHISE is noticed to be terminated or will expire by its own terms at any time resulting in the number of years remaining in the FRANCHISE being less than the number of years required to reach feasibility, CLEARWATER may require a Customer requesting new service facilities to contribute a payment in the amount necessary to reach a shortened feasibility formula based on the number of years remainingi in the-FRANCHISE as opposed to CLEARWATER"s then-effective -normal feasibility formula. If the Customer does not agree to contribute said payment, CLEARWATER retains the right to refuse expansion of facilities. SECTION 7,' EXTENSION OF SERVICE, 5 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 In consideration of the rights granted under this FRANCHISE and the duration of this FRANCHISE, CLEARWATER agrees that its facilities to be installed within the corporate limits of NEW PORT RIC EY will be expanded to provide service to new customers on the terms and conditions hereinafter set forth. GAS service shall be extended to customers desiring said service based on a feasibility formula. Such formula shall be the formula currently in effect system wide as then administered by CLEARWATER and as applicable to the citizens of CLEARWATER and other franchise areas. SECTION 8. FORCE MAJEURE. In the event by act of God, strike,riot,public enemy or other calamity, or restriction in the supply of GAS beyond the control of CLEARWATER or its interstate supplier or by reason of regulation exerted by the Florida Public Service Commission or the Federal Energy Regulatory Commission or other regulatory body having Jurisdiction in the premises, the supply of the GAS should be interrupted, CLEARWATER shall, nevertheless, continue to supply the available GAS to such customers as it is possible,shall employ its fall services to remedy such deficiency of GAS supply, and shall resume complete GAS service when that is possible. SECTION 9. COMPETITION. As a further consideration of this interlocal agreement and FRANCHISE granted hereunder,NEW PORT RICHEY agrees not lo engage in the business of distributing and selling GAS during the life of this FRANCHISE or any I extension thereof in competition with CLEAR WATER, its successors and assigns, in the service territory within NEW PORT RI HEY delineated byte Florida Public Service Commission as CLEARWATER's-service territory by PSC-16-0201-PAA-GU. CLAR WATER'S service-territory is shown on Exhibit "A" attached 6 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 hereto and incorporated herein. Pursuant to Sections 6 and 12 hereof,CLEARWATER and NEW PORT RICHEY have agreed to a certain extension of service policy. In--the event NEW PORT RICHEY desires to provide GAS service where CLEARWATER has notified NEW PORT RICHEY in writing said areas do not qualify under the-feasibility formula,NEW PORT RICHEY may provide CLEARWATER notice of its, intent to provide such'GAS-service in said areas.- CLEARWATER shall have sixty(60)days after receipt of said notice to review its aecision not to provi'de GAS service to said areas and to further meet with NEW PORT RICHEY regarding said service. In the event CLEARWATER has not delivered written notice to NEW PORT RICHEY within this sixty (60) day period that CLEARWATER shall provide GAS service to said areas, 'NEW PORT RICHEY may provide GAS service in said defined areas thereafter. SECTION 10. TERMINATION OF AGREEMENT. Upon expiration of this agreement, CLEARWATER shall have the right, privilege and option of removing all piping and equipment installed or maintained by CLE WATER in accordance with this FRANCHISE. In the event of the removal of such equipment, CLEARWATER shall repair all of NEW PORT RICHEY's and customers' property to the same condition as theretofore existed. CLE WATER.shall also have the right to sell any or all of its piping and equipment to NEW PORT RI HE or a third party at the time of termination or subsequent thereto. In the event of acquisition by NEW PORT RI HE of such piping and equipment by,purchase, condemnation, or otherwise, this Franchise shall at once terminate; provided however, 'excepted from any right to acquire such piping and equipment are piping and . equipment owned by LE.ARWATER and connected with its.general system of distribution used for-the,purpose of serving customers other than customers located in NEW PORT RI HE municipal boundaries. 7 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Further,violation by either Party of any of the covenants,terms, and conditions hereof, or default-by either Party inose g or carrying into effect any of said: covenants, terms and conditions.' shall.authorize and empower we non-defaulting party to declare a termination of this Franchise Agreement;provided,however,that before such action by the-non-defaulting Party shall become operative and effective, the defaultinparty shall have been served by the non-defaulting 9 �w Party with a written notice setting forth all matters pertinent to such violation or default, and the defaulting Party shall have a per•iod of sixty (60),days after service of such notice or, in the event such cure reasonably re ire a period of more than sixty (60) days,,such reasonable additional time, to present a plan, satisfactory to thenon-defaultm* g Party, acting reasonably, to effect such cure; and provided further that any violation or default resulting from a strike, lockout, an act of God, or any other cause beyond the control of the defaulting Party shall not constitute grounds for termination. SECTION II FRANCHISE FEE. In consideration forte granting of this FRANCHISE and the use of the rights-of-way, easements and other public places allowed hereunder,and effective the first day of the month after the effective date of this FRANCHISE, NEW PORT RICHEY shall be entitled to receive from CLEARWATER a franchise fee is will equal six percent (6.0%) of the gross revenues from the sale of GAS within the corporate limits of NEW PORT RICHEY for the term of this FRANCHISE. Payment of the franchise fee by CLEARWATER to NEW PORT RICHEY shall .be made for each quarter no later than the forty-fifth(45th) day after the end of each quarter. The franc hisefee payment shall be deemed paid on time if postmarked within forty-five (45) days of the end of the preceding quarter. 8 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Gross-revenues,-for purposes of computing such franchise fee, *includes all revenues, less uncollectible accounts,received by CLEARWATER, or--any affiliated entity, from or in.connection- with the distribution of GAS in the City of New�Port Richey and the transmission of GAS from and through the City of New Port Richey by parties other than CLE WATER pursuant to the .tenns of this FRANCHISE- provided, however, gross revenues shall not include monies for GAS service or a component thereof paid- by customers to a- third-.party, unaffiliated with CLEARWATER and where CLE TATER receives no payment from the third party or the customer; provided, her, gross revenues shall not. include monies for GAS service to an industrial customer engaged in manufacturing or processing activities which create or change raw or unfinished materials into another form or product and who consumes the GAS in such activities, including but not limited to activities such as laundry and dry cleaning plants; cold storage plants; steam laundries machine shops; rebuilders of-airplanes and all-plane engines; mines; fruit, meat and vegetable packing and-pre-cooling plants; quarries- railroad shops; water and sewer treatment plants; sewer lift stations; agricultural pumps; or any company whose Standard Industrial Code (SIC) is classified within the range of o1 -399%-as published by the Occupational Safety and Health Administration (OSHA). "Transmission of Gas"-as used in this Section shall mean the transmission of natural gas and/or commingled gas-through line's operating at a pressure of one hundred(1 o)pounds per square inch or above. SECTION 12. FAVORED NATIONS-4'- In the -event CLEARWATER shall hereafter accept a franchise from any other governmental entity-with any provision,more'favo- rable to-the governmental entity than contained-- in this-FRANCHISE where all other conditions of the two franchises are substantially similar,then CLEARWATER shall notify NEW PORT RICHEY and CLEARWATER shall be obligated upon , 9 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 written request of NEW PORT RICHEY.to present to itsCity Council, an amendment to this FRANCHISE-toincorporate s-aid'provi Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 installation on a basis of reasonable compensation or return on CLEARWATER's investment, in accordance cordance with- the feasibility formula referenced in this FRANCHISE. -CLEARWATER. covenants and agrees that..it will not arbitrarily or unreasonably refuse to make extensions when requested to do so by NEW PORT RICHEY. SECTION 14. COSTS;OWNERSHIP;REPAIRS;RELOCATION. CLEARWATER shall install the necessary facilities or equipment at its own cost and expense and same shall be and remain the property of CLEARWATER; and CLEARWATER',s -facilities or equipment and other physical properties used in connection with the furnishing of GAS under this FRANCHISE shall be free from any ad valorem tax of NEW PORT :FICHE Y as long as the same remains the property of CLEARWATER, except as otherwise provided by applicable Florida Statute or applicable Court decision adopted after date of execution hereof.The mains shall be laid underground and CLEAR-WATER shall re-pave or re-lay, as promptly as possible,-all streets, lanes, alleys, sidewalks squares, or public'places dug or disturbed by it in the *installation 1W I of said mains or.for any other purpose attending such work, and it shall repair and restore such streets, lanes,-alleys, sidewalks-and public places-to their former and safe condition and with the same:quality of material or its equivalent as was'existing before said work commenced, unless there is a previously agreed-upon repair schedule. CLEARWATER shall be permitted to perform work on its facilities or extensions of facilities during all daylight hours and perform emergency work-after such hours when necessary to restore service or for safety reasons. In all cases the repair.work-shall be made passable to traffic during conduct of such work as soon as physically - possible. Prior to�closing of a street, in part or in whole,CLEARWATER shall notify and consult with NEW PORT. RICHE 's City Manager; provided, however, in the case of an emergency, CLEARWATER shall only be required to notify NEW PORT RICHE 's City Manager. Should 11 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 CLE ARWAT`ER-neglect or refuse to restore or repair without delay after completion of installation and afterten-(10).,business days written notice-, any streets, alleys,-,lanes, -squares, sidewalks or excavate dug or disturbed by it :its employees or agents,then public places which.may have been exc4 MP NEW PORT RICHEY shall have such repairs and restoration done and the expense incident thereto shall be paid by CLEARWATER within thirty (30) days of NEW PORT RICHEY's invoice for the same. Should.- in connection with the doing of any public improvement or other exercise of the powers of NEW PORT RICHEY, it become necessary or desirable to relocate installed facilities ofCLEAN.WATER, CLEARWATER covenants and agrees to promptly, at its own expense, relocate said facilities. Prior to requiring CLEARWATER to relocate,NEW PORT RICHE Y shall give CLEARWATER written notice of such requirement and the opportunity to be heard by NEW PORT RICHEY's City Council as to the costs of such relocation to CLE WATER and possible alternative locations and routes, for NEW PORT RICHEY's improvements. Ultimately,the final decision as to such need for relocation shall be NEW PORT RICHEY's. IfNEW PORT RICHEY shall require CLEARWATER to adapt or conform any portion of its DISTRIBUTION SYSTEM or in any way to alter,relocate or change its property to enable any other person or third party to use said streets alleys,public grounds or other public places of NEW PORT, RICHEY, NEW PORT RICHEY shall require said person or third party desiring or -occasioning such alteration, relocation or change to reimburse CLEARWATER for any loss, cost or expense caused I by or arising out of such change, alteration or relocation of any portion of CLEAR AR' facilities. CLEARWATER agrees that it will not intentionally interfere with, change,or injure any water pipes,drains,or sewers of NEW PORT RICHEY unless it has received express permission from NEW PORT RICHEY or its duly' '4u- thorized representative. 12 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Should it become necessary in the installation of GAS lines-.or facilities to relocate water .or sewer lines of NEW-PORT RICHE Y now or.hereafter-installed, then such work shall be done at the expense of CLE .RW ATER and not NEW PORT RICHEY. It is understood that in all instances the-facilities of NEW PORT RICHE Y shall have a reasonable fight-of-way and preference over that of CLE WATER herein. SECTION 15. INDEMNIFICATION., CLEARWATER does hereby and shall at all-times indemm*fy, defend and hold NEW PORT RICHEY harmless from or on account of any clains,losses,-injuries or damages,received or sustained by-any plerson or p:ersoins, caused by-or- arising' out of CLEARWATER's neglicrent operation of the DISTRIBUTION SYSTEM within NEW PORT RICHEY during the term of this FRANCHISE,' or otherwise negligently caused by CLEARWATER in connection with the operation of CLEARWATER's FRANCHISE pursuant,to this Ordinance- orby or inconsequence of any negligence, excluding the sole negligence of NEW PORT RICHEY,in connection with the same, or by or on account of the use of any improper,materials or by or on account of any negligent act or,omission,of CLEARWATER 5 its agents, servants, or contractors. CLEARWATER agrees to defend, indemnify and save harmless-NEW-PORT-RICHEY against liability arising from or based upon violation of any Federal, State;-County orMunicipal law, ordinance or regulation by CLEARWATER, its agents, servants,-employees, or-contractors., This indemnification provision obligates CLEARWATER to defend NEW PORT RICHEY-from any and all liability claims and resuffing from the sole all suits and'actio!ns that may be brought against NEW PORT RICHEY negligence'-of CLEARWATER. CLEARWATER may,-- defend- NEW PORT- RICHEY with CLEARWATER's in-house staff counsel at trial and all appellate-levels or CLEARWATER may prolvide for NEW PORT RICHEY 's defense with outside counsel by paying for all attorney's 13 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 fees,costs and:trial expenses'.The decision to defend with in-house counsel or with outside counsel shall b&within CLEARWATER's sole discretion. CLEARWATER's-obligation to defend NEW PORT RICHEY for the acts or omissions of CLEARWATER, its agents, servants, employees or contractors shall be limited to the extent provided in§768,28,Florida Statutes. e M111 Notwithstanding anything contained h 'rein to the contrary, this rode 'fication provision shall not be construed,as a waiver of any immunity from or limitation of liability to which CLEARWATERor NEW PORT RICHEY is entitled to pursuant to §768.28, Florida Statutes. Furthermore, this provision is not intended to'nor shall be interpreted as limiting or in any way .affecting any defense CLEARWATER or NE`W PORT RICKEY may have under §768.28 and is not intended to an'd,s'hall not be interpreted to alter the extent of CLEARWATER's or NEW PORT RICHEY's waiver;of sovereign immunity under §768.28. CLEARWATER and NEW PORT RICHEY.shall e fully responsible for their own acts of negligence or their respective agent's acts of negligence when acting within the scope of their employment and agree to be liable for any damages resulting from said negligence. Nothing herein is intended to serve as a waiver of .sovereign immunity by either party, and nothing herein shall be construed as consent by either partylo be sued by,.third parties in any manner arising out of this FRANCHISE. The provisions oft his,-section shall survive the expiration or earlier termination of this FRANCHISE agreement. SECTION 16., INSURANCE.-.. NEW PORT 'RICHEY shall be famished proof of insurance coverage by CLEARWATER to incl General'Liabil*ty:, $200 , 000.00 per Per-son, /$300000.00per Oc. e self-* n Occurrence insured retentio with statutory limits per Section 768.28, Florida Statutes. E xcess eneral Insurance. $5 000 000.00 per Occurrence, $1-0,000,000.00 Aggregate Excess G Insurance with self-insurance retention of$500,000.00. 14 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Automobile Liability: $200,000.00 per Person/$3 00,000.00 per Occurrence self-insured retention with statutory limits per Section 768-28, Florida Statutes. Excess Automobile-Insurance: $5,000,000.00 per-Occurrence, $10,000,000.00 Aggregate Excess Insurance with self-insured retention of$500,000.00. Worker's Compensation and Employer's Liability: Statutory coverage as per the State of Florida per Occurrence with self-insured retention of$600,000.00,' -as -may be amended based on availability the insurance marketplace. Excess Insurance applicable Per Occurrence. val 1bility i The insurance coverage required herein may be p-rovided,by CLE WATER. by self- insurance by self-funding, by purchase, or by any combination thereof at the-sole,option of CLE WATER.. Insurance coverage,and1imits shall be evidenced by,delivery to NEW PORT RICHEY by letters of self-insurance or self-funding executed- by CLEAR RAT Risk Manager,or by certificates of insurance executed by either the agent for the insurers or the insurers or by copies of policy declaration pages. Such letters, certificates, and policy.declaration pages shall list coverages (including the amount of'insurance.per claim and per:o cc-urrence, any gap in coverage,and the name of the excess insurer)and policy limits with expiration dates. Upon Notice of Claim for City of Clearwater's sole negligence and the specific written request of NEW PORT RICHEY, a photocopy of each applicable insurance policy, including all endorsements, will be provided to NEW PORT RICHEY. SECTION 17. COMPLIANCE WITH ORDINANCES. CLE WATER, its successors and assigns, shall at all times comply with all ordinances, rules and regulations enacted or passed by NEW PORT RICHEY not in conflict with the terms of this FRANCHISE, and CLEAN. DATER.shall have the right to make, establish and maintain and enforce such reasonable regulations for the operation of its DISTRIBUTION SYSTEM as may be reasonably necessary and proper, not inconsistent with the terms of this FRANCHISE and the 15 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 ordinances of NEW PORT RICHEY, and-to protect-itself from fraud or imposition:and may,in its discretion,refuse to famish Gas andtocut offthe'supply from any CUSTOMER or CUSTOMERS who are.m' default m payment of any bill rendered for such service, as the law may allow. SECTION 18. AVAILABILITY OF RECORDS;MAPS AND REPORTS. As soon as practicable after the effective date of this FRANCHISE, CLEARWATER shall provide NEWPORT RICHEY with a map show m* g all CLEARWATER's GAS lines and facilities- within NEWPORT RICHEY., UpoNEW PORT RICHE 's request, CLEAR WATER shall' de an update of such map to reflect ch facilities. provide tinges in CLEARWATER's GAS lines and faci i s. Further, CLEARWATER in accordance with applicable� law, shall provide for review and inspection,of. such- maps I and also accounts and records of CLE WATER: and/or all such information regarding NEW PORT RICHEY,that NEW PORT RICHE Y or its representatives may from time-to--time reasonably request ogre ire. CLEARWATER's financial records shall be kept ing principles.and maintalned:in:accordance-with generally accepted account' All of these records shall. on written:"request of NEW PORT RICHEY, be open for examination by-NEW- PORT RICHEY and NEW PORT RIC 's representatives during ordinary business.hours, and such records shall beetained. by CLEARWATER for a period of three-(3) years, or as otherwise required by,law. Upon anymap information of CLEARWATER becoming available in electronic' format, CLEARWATER shall at NEW PORT RICHEY 's request make any map 'Information available in that format. SECTION 19.ASSIGNMENT OF GRANT. This grant or FRANCHISE, �or any- renewals thereof, shall not be leased, assigned, or -otherwise alienated, except with the consent of the NEW-PORT RICHE Y City Council expressed 16 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 by ordinance, which consent shall -not be unreasonably withheld, and evidence by a written assignment and consent to same. In consideration of consenting to such assignment the.matters which may-be considered by the City Council are the financial wherewithal and technical experience and capabilities - of the proposed Assignee. Notwithstanding the foregoing, CLE WATER may, at its option alienate and transfer this FRANCHISE in connection with its merger and consolidation with any other entity or pledge or mortgage of such FRANCHISE in connection with the physical property owned and used by CLEARWATER in the operation of its DISTRIBUTION SYSTEM for the purpose of securing payment of monies borrowed by CLEARWATER,provided that any successor-` -interest to the DISTRIBUTION SYSTEM agrees to be bound by the terms of the FRANCHISE Agreement. SECTION 2.0. CONFLICT;FILING. .Upon the effective date of the FRANCHISE, the FRANCHISE provided in NEW PORT RICHEY's Ordinance No. 1338 dated February 5th, 1996, shall be of no herforceand effect. Upon full execution hereof,CLE AVER.shall-file with the Clerk a fully executed copy of this agreement for recording in the public records in and for Pinellas County, Florida. SECTION 21. ALTERNATIVE REMIEDIES. 'No provision of this ordinance or the FRANCHISE granted hereunder shall be deemed to bar the right of either Party to seek or obtain judicial relief from a violation of any provision of this- ordinance, the FRANCHISE or any rule, regulation requirement.or directive promulgated under the FRANCHISE, whether administratively, judicially, or-both. Neither the existence of other remedies identified in this ordinance, nor the exercise thereof shall be deemed to bar or otherwise Jim it the right of either Party to recover fines,penalties or monetary damages for such 17 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 .:Violation by- means of specific performance, injunctive relief- or mandate or any other administrative remedy or judicial remedy at law,or in,:equity., SECTION 22,ENTIRE AGREEMENT (a) CLEAR.WATER acknowledges that upon its acceptance of the FRANCHISE it does so relying on its own investigation and un' de'r'-standing of the power and authority of a municipality generally to enter into a FRANCHISE AGREEMENT. (b) Each party, by making this agreement, acknowledges that it has not been induced to accept=same byany. promise,verbal or,written',by or on behalf of the other party or by any third person regarding the FRANCHISE!not expressed sed herein. CLEARWATER finiher pledges that no promise or inducement, oral or written, has been made to any city employee or official regarding receipt.of the FRANCHISE. . (c) Eacarty further acknowledges that it-has carefully read the terms and conditions of this,ordinance and the FRANCHISE AGREEMENT,and accepts without reservation the obligations imposed by the terms and conditions herein and in the FRANCHISE AGREEMENT. (d) CLEARWATER shall provide timely written-notice to NEW PORT RICHEY for any waivers, exceptions, or declaratory- rulings, filed with the Florida Public Service Commission or any other state or federal regulatory agency, directly affecting the FRANCHISE AGREEMENT with NEW PORT RICHEY. SECTION 23.CHANGES-IN PROVISIONS HEREOF Chtinges,,inthe terms and conditions hereof mayonly be 'Made by written agreement- between NEW PORT RICHEY and CLE ARWATE R. 18 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 SECTION 24.GOVERNING LAW This FRANCHISE shall be governed by the laws of the State of Florida and applicable federal law. SECTION 25. NOTICE Notice under this agreement shall be in writing and sent by Registered or Certified Mail, Retum Receipt Requested,or by courier, express or overnight delivery, and by confirmed e-mail. The date such notice shall be deemed to have been given shall be the business day of receipt if received during business hours,the first business day after the business day of receipt if received after business hours on the preceding day, the first business day after the date sent by courier, express or overnight ("next day delivery") service, or the third business day after the date of postmark on the envelope if mailed, whichever occurs first. Notices to CLEARWATER shall be sent to: Executive Director CGS Energy 777 Maple St Clearwater, FL 33755 Info AC G S Energv.Orp, Notices to NEW PORT RICHEY shall be sent to: City Manager City of New Port Richey 5919 Main St. New Port Richey, Florida 34652 ; (a" o newiv-triche MannsDc*t,Nitvr,o Any party hereto may change its address or designate different or other persons or entities to receive copies by notifying the other party in a manner described in this Section. 19 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 SECTION 26. SEVERABILITY. If any section, sections, part of a section, paragraph, sentence or clause of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such invalidity shall not affect the validity of any other portion thereof. SECTION 27. EFFECTIVE DATE. This FRANCHISE shall become effective upon the first day of the month after approval by CLE ARWATE R by resolution, duly passed and adopted by its City Council, accepting the FRANCHISE granted herein. SECTION 28. This Ordinance shall take effect immediately upon passage and adoption. The forego M' g Ord ffiance was duly read and approved on first reading at a duly convened meeting of the City Council of the City of New Port Richey, Florida this 21s'day of Apn'l, 2026, and read and adopted on second reading at a duly convened meeting of the City Council of the City of New Port Richey,Florida this 5thday of May, 2026. Attest: CITY OF NEW PORT RICHEY Judy eyJrs,MMC,City Clerk A1,66d.. C.Davis,Mayor 90 0 MM Approved as to form: Timothy P.Driscoll,City Attorney 21 Docusign Envelope ID:A3FA4371-FDE6-850A-836C-535507036DE6 Countersigned: CITY OF CLE ARWATER,FLORIDA By: Bruce Rector Jenm*fer Poium*er Mayor City Manager Approved as to form-. Attest: Jerrod.Simpson Rosemarie Call Senior Assistant City Attorney City Clerk 21