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HomeMy WebLinkAboutFlorida Public Utilities Company Natural Gas Franchise Agreement -2001 12 21t 1 NATURAL GAS FRANCHISE AGREEMENT THIS NATURAL GAS FRANCHISE AGREEMENT (hereinafter "Agreement")executed on this cZl o~day of December, 2001, is entered into by and between CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126 North State Road 434, Winter Springs, Florida 32708, (hereinafter "City"), and FLORIDA PUBLIC UTILITIES COMPANY, whose address is 401 South Dixie Highway, West Palm Beach, Florida 33401, (hereinafter "Company"). WHEREAS, the City and Company desire to enter into a natural gas franchise agreement pursuant to the terms and conditions of this Agreement and the franchise that was granted by the City in accordance with Ordinance No. 2001-53 which was adopted by the City Commission of Winter Springs on November 26, 2001; and WHEREAS, the City and Company acknowledge that this Agreement is a material part of the franchise granted under Ordinance No. 2001-53 and but for this Agreement, the City would not have approved said Ordinance and granted the franchise. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recital: The foregoing recitals are hereby incorporated herein and deemed a material part of this Agreement. 2.0 Franchise Accepted: The company hereby fully accepts the natural gas franchise granted by the City pursuant to Ordinance No. 2001-53. The Company agrees to comply with all the terms an conditions set forth herein and inOrdinance No.2001-53 and further agrees to fully and faithfully perform the obligations and responsibilities contained therein. A copy of Ordinance No. 2001-53 is attached hereto as Exhibit "A" and hereby fully incorporated herein by this reference. Together this Agreement and Ordinance No.2001-53 shall be known as "The City of Winter Springs and Florida Public Utilities Company Natural Gas Franchise." 3.0 Most Favored Franchise Fee Status: The terms and conditions set forth in Ordinance No. 2001-53 are hereby supplemented with the following: (a) Increased Franchise Fee. During the term of this Franchise, and any renewal or extension thereof, when and if the Company negotiates any gas franchise with any other City or County after the effective date of this Franchise, which has a franchise fee payable above that provided by this Franchise, the City shall have the right to amend this Franchise during the term hereof to provide for a franchise fee equal to that provided in the other franchise, and the Company hereby irrevocably consents to any such amended franchise fee adopted pursuant hereto. The City shall provide at least thirty (30) days notice prior to the effective date of any amended franchise fee adopted pursuant to this paragraph. Page 1 of 3 (b) Franchise Report. Annually, as of January 1 of each year, the Company will furnish the City a list of all of its gas franchises including the name and address of the franchisor, the date of the franchise, the percentage of the franchise fee, and the length of the term of the franchise. (c) Limitations. Any amended franchise fee adopted under this paragraph shall: i. apply only to a change in the applicable franchise fee percentage and not to any change in class of service to which it applies. ii. apply only to gas franchises negotiated, in whole or in part, by the Company with any other City or County after the effective date of this Franchise and not to gas franchises acquired by the Company through acquisition, purchase or merger. 4.0 Cross-default: A default by the Company of any term and/or condition of this Agreement shall be deemed a default under the franchise granted under Ordinance No.2001-53 and vice versa. In the event of such default under this Agreement or Ordinance No. 2001-53, the City shall have the right to terminate and revoke this Agreement and the franchise pursuant to the procedure set forth in Section 2, Article IX, Forfeiture or Revocation, of Ordinance No. 2001-53. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of this a! sl~day of December, 2001. CITY OF WIN ~ E>~t SP[~II'v~GS, FLORIDA AT EST: ~i NDREA LO ZO-LUACES, City Clerk _.•__ _.r RONALD W. ME~LF,}YK1Rlu, City 1~'iAnager FLORIDA PUBLIC UTILITIES COMPANY ~~~~~ ~ ~~ CHARLES L. STEIN, Senior Vice President and Operating Officer Page 2 of 3 STATE OF FLORIDA COUNTY OF SEMINOLE Sworn to and subscribed before me this ~ day of .Dece-3A~1, by RONALD W. McLEMORE, City Manager for City of Winter Springs, who ~~rsonally known to me, or ^ who has produced as identification, and who did take an oath. ~1.P~?~~~~~ ~n.~t ~U p , NOTARY PUBLIC My Commission Expires: ~~ ~, ~oc~ ~'",~, oeeoran ~ onwsa• ** My Commission CC920808 STATE OF FL RI A ~~~~„WRR».~' Expires March 21, 2004 COUNTY OF A, G~ Sworn to and subscribed before me this-~s~day of December 2001, by CHARLES L. STEIN, Senior Vice President and Operating Officer for Florida Public Utilities Company, who is personally known to me, or ^ who has produced as identification, and who did take an oath. ~~ °~ • 1~ NOTARY PUBLIC My Commission Expires: ~ ~.a~C va ~ . Sa Y ~ ~,- ~a`~"•~+:~ `, CHAUNDRq L, SAYLOR MY COMMI39lpN M CC 719977 :~ r EXPIRES: June 6 o; ;~°"'~ bonded Thru Notary p~ ~ Page 3 of 3 Florida Public o utilities Company ar. ~ ~n a.mm a ~q: y`,> .- ~:iTY OF ~.~~q~~ILFf--', SPRINGS CiT'Y HAIL 401 South Dixie Highway West Palm Beach, FL 33401 January 25, 2002 Ms. Andrea Lorenzo-Luaces City of Winter Springs City Clerk 1126 North State Road 434 Winter Springs, Florida 32708 RE: Ordinance No. 2001/53; Gas Franchise Dear Ms. Lorenzo-Luaces, Pursuant to section 5 of the referenced ordinance, Florida Public Utilities Company hereby files its acceptance of the natural gas franchise. Therefore, said ordinance shall take effect on January 1, 2002. We look forward to fulfilling the needs of the City and its constituents as related to this ordinance. If you have any questions, or need additional information, please contact me at (561) 838-1760 or at cstein(u?tpuc.com. Sincerely, C__~/ C.L. Stein Sr. Vice President, COO CLS/cs cc: George Bachman, CFO, Treasurer Don Kitner, Director, Central Florida