HomeMy WebLinkAbout980786.tiff FIRM TRANSPORTATION SERVICE AGREEMENT
THIS AGREEMENT is made and entered into this 1st day of May,
1998, by and between GREELEY GAS COMPANY, a division of Atmos
Energy Corporation, a Texas and Virginia Corporation, hereinafter
called "Company" and WELD COUNTY GOVERNMENT CENTER, hereinafter
called "Transportation Customer. "
WITNESSETH:
WHEREAS, Transportation Customer has by separate agreement
acquired supplies of natural gas from the supplier as specified in
Exhibit "A" attached hereto, hereinafter referred to as
"Transportation Customer' s gas, " to be delivered to Delivery
Point(s) ; and
WHEREAS, Transportation Customer will cause Transportation
Customer's full gas requirements to be delivered to Company' s
Receipt Point(s) as specified in Exhibit "A" ; and
WHEREAS, Transportation Customer has requested and Company
agrees to utilize Company's gas distribution facilities to receive
and transport Transportation Customer's gas from an interconnecting
pipeline to a Delivery Point(s) , as specified in Exhibit "A", on a
firm capacity and/or supply basis .
NOW THEREFORE, in consideration of the mutual covenants and
promises herein contained, it is agreed as follows :
1 . Agreement to Transport. Company shall transport
equivalent volumes of Transportation Customer' s gas from the
Receipt Point(s) to the Delivery Point(s) , as described in Exhibit
"A", attached hereto and made a part hereof by this reference,
subject to the terms and conditions of Company' s appropriate Firm
Transportation Service Tariff as on file and in effect from time to
time with the PUC and subject to receipt of adequate supplies of
such gas by Company.
2 . Charges. Service provided by Company under this Agreement
shall be paid for by Transportation Customer at the charges set
forth below.
Service Fee, per month $ 50 . 00
Facility Charge, per meter, per month $ 17 . 50
Transportation Charge, all gas transported,
per Mcf at 14 . 65 psia $1 . 0304
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All charges for service under this Agreement shall accrue from
the date of first delivery of Transportation Customer' s gas, as
specified in Exhibit "A" , and shall continue thereafter for the
term of this Agreement.
3 . Metering. Company shall meter total amounts of natural
gas actually delivered to Delivery Point(s) . Such metering shall
be at locations determined by Company and shall be owned, operated
and maintained by Company.
4 . New or Additional Facilities . Transportation Customer
agrees to pay Company for any new or additional facilities which
may be required at Delivery Point(s) to accomplish transportation
service hereunder. If such new or additional facilities are
required at any time during the term of this Agreement, Company
shall inform Transportation Customer of the need for such
facilities and the installation costs associated with said
facilities . Transportation Customer shall have sixty (60) days
from the date of said notification in which to approve the
expenditure for such facilities . Should Transportation Customer
decide not to approve the installation of said new or additional
facilities, Company shall have the right to terminate this
Agreement. All facilities installed by Company shall continue to
be owned, operated and maintained by Company.
5 . Liability. Each party shall be responsible for any and all
claims for injury to person or persons or damage to property
occurring on its respective side of the Delivery Point(s) ;
provided, however, that nothing herein contained shall be construed
as relieving or releasing either party from liability for injury or
damage, wherever occurring, resulting from its own negligence or
the negligence of any of its officers, employees, or agents. In no
event shall either party be liable for damages in an amount greater
than the degree or percentage of negligence or fault attributable
to that party. Each of the parties hereto shall be solely
responsible for the injury or damage, wherever occurring, due
solely to any defect in equipment installed, furnished or
maintained by such party.
6 . Force Majeure. The term Force Majeure shall mean
circumstances not within the control of the parties and which by
the exercise of due diligence, the affected party is unable to
overcome. Force Majeure shall include, but not be limited to, acts
of God, strikes, lockouts or other industrial disturbances, acts of
the public enemy, wars, blockades, insurrections, riots, epidemics,
landslides, lightning, earthquakes, fires, storms, floods,
washouts, arrests, and restraints of governments and people, civil
disturbances, explosions, breakage or accident to wells, machinery
or lines of pipe, freezing of wells or lines of pipe and partial or
entire failure of wells. The term Force Majeure shall also
include: the inability or delay of a party to acquire, at
reasonable cost, materials, supplies, servitudes, right of way
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grants, transportation agreements with parties other than Company,
permits, licenses or permissions from any governmental agency to
enable such party to fulfill its obligations hereunder.
In the event either party is rendered wholly or partially
unable to carry out its obligations under this Agreement due to a
Force Majeure event, such party shall give notice and provide the
full particulars of such Force Majeure, in writing or by electronic
data transmitted to the other party as soon as is reasonably
possible after the occurrence of the causes relied on. The
obligations of the parties, other than to make payments of amounts
due hereunder, so far as they are affected by such Force Majeure,
shall be suspended during the continuance of any inability so
caused, but for no longer period. The affected party shall use
good faith and due diligence to remedy the Force Majeure event in
a commercially reasonable manner.
It is understood and agreed that the settlement of strikes or
lockouts shall be entirely within the discretion of the party
having the difficulty, and that the above requirement that any
Force Majeure shall be remedied with all reasonable dispatch shall
not require the settlement of strikes or lockouts by acceding to
the demands of the opposing party when such course is inadvisable
in the discretion of the party having the difficulty.
7 . Term - Effective Date. This Agreement shall be in full
force and effect for a term of one ( 1) year from and after the date
shown on the first page of this Agreement, and shall extend
thereafter from year to year, unless and until terminated by either
party upon at least thirty (30) days ' written notice to the other
party prior to the expiration of said one ( 1) year period or any
yearly period thereafter.
8 . Assignment - Consent. This Agreement shall not be
assigned by either party hereto, without prior written consent of
the other party and shall apply only to the transportation of
natural gas to Delivery Point(s) as listed on the attached Exhibit
"A. "
9 . Other Terms and Conditions. This Agreement, and all its
rates, terms and conditions shall at all times be subject to
modification by order of the PUC upon notice and hearing and a
finding of good cause therefore. In the event that any party to
this Agreement requests the PUC to take any action which could
cause a modification in the conditions of this Agreement, that
party shall provide written notice to the other parties at the time
of filing the request with the PUC.
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10 . Notices . Notices to be given hereto shall be deemed
sufficiently given and served upon receipt of mail sent by
certified mail, return receipt requested, respectively addressed as
follows :
TRANSPORTATION CUSTOMER: WELD COUNTY GOVERNMENT
916 10T" Street
Greeley, Colorado 80632
CUSTOMER: GREELEY GAS COMPANY,
A Division Of
Atmos Energy Corporation
P. O. Box 650205
Dallas, Texas 75265-0205
Attention: Contract Administration
IN WITNESS WHEREOF, the parties hereto have caused this Firm
Transportation Service Agreement to be executed in their respective
names by the proper officers hereunto duly authorized as of the
date and year first above written.
WELD COUNTY GOVERNMENT GREELEY GAS COMPANY,
A Division Of
//� �j� Atmos Energy
Corporation
BY: 1 �r9�is�aF�ccc�c�i �Ytt>�ucf By: (lr/ f l� ,��
Title t� .rua +�tc, Title:
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EXHIBIT "A"
FIRM TRANSPORTATION SERVICE AGREEMENT
Dated
May 1, 1998,
Between
GREELEY GAS COMPANY,
A DIVISION OF ATMOS ENERGY CORPORATION
and
WELD COUNTY GOVERNMENT
Transportation Customer)
Interconnecting
Pipeline or Company's
Supplier of Gas Producing Area Receipt Point(s)
Rocky Mountain Natural DUKE ENERGY GAS PLANT OUTLET
Gas & Electric LLC PLANT
PSCO Greeley, Colorado
(City Gate)
Delivery Point(s) Peak Day Date Of
to End User Gas Volumes (1) First Delivery
915 10m Street 150 Mcf May 1, 1998
Greeley, Colorado
80632
A/C #01-01-04-2210-01
1) All volumes in Exhibit "A" are at the pressure base of -
14 . 65 .psia.
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