HomeMy WebLinkAboutexhibitFRANCHISE EXTENSION AGREEMENT
THIS FRANCHISE EXTENSION AGREEMENT (this "Agreement") is made and entered
into 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 NUI City Gas Company of Florida (the
"Franchisee").
WITNESSETH:
WHEREAS, pursuant to City Ordinance 8309, the City has granted to the Franchisee's
predecessor -in -interest, City Gas Company of Florida, 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, the term of the Franchise expires in November 2004 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 Franchise 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 January 14, 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.
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
Priscilla A. Thompson
City Clerk
Approved as to form and correctness:
Jorge L. Fernandez
City Attorney
By:
Name: Joe Arriola
Title: City Manager
Date:
,2004
Approved as to Insurance Requirements
Dania Carrillo, Risk Management
Administrator
WITNESS: NUI UTILITIES, INC.,
d/b/a NUI City Gas Company of Florida
Witness to sign above
Print Name:
By:
Name:
Title:
Date: , 2004
1-MI/536173,1