HomeMy WebLinkAboutFR/SR Exhibit 1K#05-00782
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FRANCHISE EXTENSION AGREEMENT
THIS FRANCHISE EXTENSION AGREEMENT (this "Agreement") is made
and entered into , 2006, by and between the CITY OF MIAMI,
FLORIDA, a Florida municipal corporation, whose address is 444 S.W. 2" Avenue,
Miami, Florida 33130 (the "City" or "Franchisor"), and PIVOTAL UTILITY
HOLDINGS, INC. (f/k/a NUI Utilities, Inc.) D/B/A FLORIDA CITY GAS, a New
Jersey corporation qualified to do business in Florida, whose local address is now 955
East 25th Street, Hialeah, Florida 33013 and whose principal address is now Ten
Peachtree Place, Atlanta, Georgia 30309 (the "Franchisee").
WITNESSETH:
WHEREAS, pursuant to City Ordinance 12613, adopted on November 17, 2004
by the City Commission ("Commission"), the City granted to NUI Utilities, Inc. d/b/a
NUI City Gas Company of Florida, and its successors and assigns, a non-exclusive
franchise ("Franchise") to construct, erect, install, extend, maintain and operate its gas
system facilities within the City; and
WHEREAS, on November 30, 2004, AGL Resources, Inc. acquired NUI
Corporation which operated NUI Utilities, Inc. and NUI City Gas Company of Florida
which became known as Florida City Gas and the Commission adopted Ordinance 12656
on February 24, 2005, in order to extend the term of the Franchise with NUI Utilities, Inc.
d/b/a Florida City Gas that was expiring on February 28, 2005; and
WHEREAS, in March of 2005, NUI Utilities, Inc. d/b/a Florida City Gas changed
its corporate name to Pivotal Utility Holdings, Inc., d/b/a Florida City Gas; and
WHEREAS, the Commission adopted Ordinance 12714 on July 28, 2005, in order
to acknowledge the corporate name change and to extend the Franchise with Pivotal
Utility Holdings, Inc., d/b/a Florida City Gas that was expiring on August 28, 2005; and
WHEREAS, the term of the Franchise expires on February 28, 2006, and the City
and Franchisee desire to enter into a new franchise agreement, but have not yet concluded
negotiations on the acceptable terms and conditions of such long-term franchise
agreement; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new
franchise agreement on terms and conditions mutually agreeable to the City and the
Franchisee, the City and the Franchisee have agreed to extend the term of the Franchise
as set forth herein; and
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WHEREAS, the City Commission on February 28, 2006 has adopted Ordinance
No. authorizing the extension of the Franchise to August 31, 2006 and
authorizing the City Manager to enter into and execute this Agreement;
NOW, THEREFORE, in consideration of the premises and ten dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which the
parties hereby acknowledge, the City and the Franchisee hereby agree that the Franchise
originally granted by the above -referenced Ordinance No. 12613 as amended by
Ordinance No. 12656, Ordinance No. 12714, and Ordinance No. is hereby
extended and continued in favor of the Franchisee on all of the same terms and conditions
as set forth in Ordinance No. 12613, until the earlier of August 31, 2006, or the date
immediately preceding the effective date of any subsequent franchise agreement entered
into by the City and Franchisee. The addresses for notifications to Franchisee shall be at
both of the local and principal addresses listed above. Telecopies of counterparts of this
Agreement, executed by the City and by the Franchisee, shall be considered for all
purposes, including delivery, as originals of this Agreement.
IN WITNESS WHEREOF, the City and the Franchisee have executed this
Franchise Extension Agreement on the respective dates set forth below.
ATTEST: CITY OF MIAMI, a Florida municipal
corporation
Priscilla A. Thompson, City Clerk Joe Arriola, City Manager
Date: Date:
Approved as to form and correctness: Approved as to insurance requirements:
Jorge L. Fernandez Dania F. Carrillo
City Attorney Risk Management Administrator
Date: Date:
Pivotal Utility Holdings, Inc, d/b/a
ATTEST: Florida City Gas, a New Jersey corporation
Name:
Corporate Secretary
Date:
Name:
Title:
Date:
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