HomeMy WebLinkAboutFR/SR Franchise AgmtFRANCHISE EXTENSION AGREEMENT
THIS FRANCHISE EXTENSION AGREEMENT (this "Agreement") is made and
entered into , 2005, by and between the CITY OF MIAMI, FLORIDA, a
Florida municipal corporation (the "City"), and NUI Utilities, Inc,, a New Jersey corporation
d/b/a Florida City Gas (the "Franchisee").
WITNESSETH:
WHEREAS, pursuant to City Ordinance 12613, adopted on November 17, 2004, the City
has granted to the Franchisee and its successors and assigns, a non-exclusive franchise (the
"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 owns NUI Utilities, Inc.; and
WHEREAS, NUI City Gas Company is now known as Florida City Gas; and
WHEREAS, the term of the Franchise expires February 28, 2005, and the City and the
Franchisee desire to enter into a new franchise agreement, but have not yet concluded
negotiations on the acceptable terms of such 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 Franchisee as set forth herein;
NOW THEREFORE, in consideration of the premises and $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 granted by the above -referenced
Ordinance is hereby extended and continued in favor of the Franchisee on all of the same terms
and conditions as set forth in such Ordinance, until the earlier of August 28, 2005, or the date
immediately preceding the effective date of any subsequent franchise agreement entered into by
the City and the Franchisee. Telecopies of counterparts of this Agreement, executed by the City
and the Franchisee, shall be considered for all purposes, including delivery, as originals.
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I -M V536173.1
IN WITNESS WHEREOF, the City and the Franchisee have executed this Franchise
Extension Agreement on the respective dates set forth below.
ATTEST:
Priscilla A. Thompson
City Clerk
Approved as to form and correctness:
WITNESS:
Witness to sign above
Print Name: Ack,2, e,nhE- a.tel. Viari t4
CITY OF ia AMI
By: _ c
Name: Joe ola
Title: City + anager
Approved as to Insurance/Re ' irements
AITR O'`• rr i s; Is
ania Carrillo, Risk = : gement
Administrator
NUI Utilities, Inc. d/b/a Florida City Gas,
Inc.
By:
Name: Paul P. ShLanti
Title: Sr. Vice President & coaxal Qameel
Date: Riarust7 1 , 2005
1-Mv536173.1 2