HomeMy WebLinkAboutFR/SR Franchise Extension Agreementr
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Draft 06/27/05
FRANCHISE 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, whose address is 444 S.W. 2nd 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, AUL 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 term of the Franchise expires on August 28, 2005, and the City
and Franchisee desire to enterin�t�8 �d editions ohise agreement,h to guterm franct have not hiseet
agreement; negotiations on the acceptable
agreement; and
WHEREAS, in order to allow the City and the Franchisee time to enter into a new
to the City and the
ranchise agreement oanterms and d the Franchiseeltions have mutuallyed extend the term of the Franchise
Franchisee, the City an
as set forth herein; and
WHEREAS, the City Commission on July , 2005 has adopted Ordinance No.
authorizing the extension of the Franchise to February 28, 2006 and
authorizing the City Manager to enter into and execute this Agreement;
i P-11-06-avviif
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 and by 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 February 28, 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: CITYt+ F M1 ; a lorida
corpo
Priscilla A, Thompson, City Clerk Joe Aola, City Manager
requirements:
re
insurance
Approved as to form and correctness. App � � ad as to q
Jorge L. Fernandez
City Attorney
ATTEST:
Name:
Corporate Secretary
Dania F. Carrillo
Risk Management Administrator
Pivotal Utility Holdings, Inc. d/b/a
Florida City Gas, a New Jersey corporation
Name:
Title: