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Home My WebLink About2017-02-06-J01F Gas Throughput Service Agr Amendments1� Waukee , fTHE KEY TO GOOD LIVING AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 6, 2017 AGENDA ITEM: Consideration of approval of a resolution approving Contract Amendments to Northern Natural Gas Company Throughput Service Agreements FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The City of Waukee has numerous contracts with Northern Natural Gas Company for firm transport capacity that automatically renews every 5 years with the City's approval. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSIONBOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Beth Richardson REVIEWED BY: John Gibson rly PUBLIC NOTICE INFORMATION — NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING CONTRACT AMENDMENTS TO NORTHERN NATURAL GAS COMPANY THROUGHPUT SERVICE AGREEMENTS IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa, is a duly organized municipality within Dallas County; AND, WHEREAS, on April 3, 2006, the City and Northern Natural Gas Company entered into a Precedent Agreement regarding the construction of a TBS at a location near Granger, and for a transportation capacity agreement to be executed at a later date (Resolution #06-55); AND, WHEREAS, on September 19, 2016, the Waukee City Council approved contracts related to firm transport capacity (Resolution #16-417); AND, WHEREAS, Northern Natural Gas proposes Amendment No. 3 to Contract No. 113373, Amendment No. 7 to Contract No. 122802, and Amendment No. 16 to Contract No. 111748, with said amendments attached hereto as Exhibits A, B, and C. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council on this, the 6t' day of February, 2017, that the Contract Amendments to Northern Natural Gas Company Throughput Service Agreements is hereby approved. Attest: Rebecca D. Schuett, City Clerk ROLL CALL VOTE Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon William F. Peard, Mayor AYE NAY ABSENT ABSTAIN Northern Natural Gas � ff"m�wc "wiruwnr e"e na. w".a"r Northern Natural Gas Company Amendment to TFX Throughput Service Agreement Date: 01/27/2017 Shipper Name: CITY OF WAUKEE ContmctNo.: 113373 (Agreement) Amendment No.: 3 The above -referenced Agreement is amended as follows: 1. The volume, tens, and/or point provisions are amended as follows: a. The term of the Agreement is extended through 10/31/2022. b. The contract maximum daily quantities, primary receipt and delivery points, and terms are set forth on Appendices "A" and "B." c. The Appendices to the Agreement are deleted in their entirety and the Appendices "A" and "B" attached hereto and incorporated herein by reference are substituted therefor. All references to Appendix "A" or Appendix "B" shall be deemed to refer to the Appendices attached hereto. 2. Shipper shall pay Northern's maximum rates and charges plus all applicable surcharges in effect from time to time. 3. Other Provisions Permitted by Tariff Under the Applicable Rate Schedule and pursuant to Section 58 of the GENERAL TERMS AND CONDITIONS of Northem's FERC Gas Tariff: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 4. The parties agree that a facsimile or other electronic version of this document, when properly executed and transmitted, shall be considered for all purposes to be an original document, and shall be deemed for all purposes to be signed and constitute a binding agreement The entire agreement must be faced or transmitted to Northern. Upon Northem's acceptance and execution, an executed copy will be returned via FAX to the number appearing on the faxed offer or such other number as directed or otherwise electronically transmitted. 5. This Agreement, as amended, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No promises, agreements or warranties additional to this Agreement other than as may be contained in Northem's FERC Gas Tariff will be deemed to be a part of this Agreement nor will any alteration, amendment or modification be effective unless confirmed in writing by the parties. The effective date of this Amendment is 11/01/2017. Except as amended herein, all provisions of the Agreement are hereby confirmed by the parties to be and remain in full force and effect. NORTHERN NATURAL GAS COMPANY C= OF WAUKEE By: By: Title: Vice President, Business Development Title: Date: 01/27/2017 Date: :! &a !®§» )_[` \\ .. .. .. � /// G§ ». / ■�\� a !ƒ § \ \ f(pp @J B i = \\` \/ / ! `� :, \ k \)k &, )\) ! , � ;m m „ , ( ; ) -® � / \ � \& ■ # � = m! s ) , ` < � \ ! !! »a ; � ®§ § ! »� a \\ 3 ! § k 2 2 ! � � �� k + ( {(q) � 2 § \ / § !u// \� f) § \ 7(/ { q/) ! ! ./ /// { / ) / _ ` y,gorthern Natural Gas Northern Natural Gas Company Amendment to TF Throughput Service Agreement Date: 01/27/2017 Shipper Name: CITY OF WAUKEE Contract No.: 122802 (Agreement) Amendment No.: 7 The above -referenced Agreement is amended as follows: 1. The volume, term, and/or point provisions are amended as follows a. The term of the Agreement is extended through 10/31/2022. b. The contract maximum daily quantities, primary receipt and delivery points, and terms are set forth on Appendices "A" and "B." c. The Appendices to the Agreement are deleted in their entirety and the Appendices "A" and "B" attached hereto and incorporated herein by reference are substituted therefor. All references to Appendix "A" or Appendix "B" shall be deemed to refer to the Appendices attached hereto. 2. Shipper shall pay Northern's maximum rates and charges plus all applicable surcharges in effect from time to time. 3. Other Provisions Permitted by Tariff Under the Applicable Rate Schedule and pursuant to Section 58 of the GENERAL TERMS AND CONDITIONS of Northern's FERC Gas Tariff: TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY WTFH RESPECT TO LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH, THIS AGREEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 4. The parties agree that a facsimile or other electronic version of this document, when properly executed and transmitted, shall be considered for all purposes to be an original document, and shall be deemed for all purposes to be signed and constitute a binding agreement. The entire agreement must be faxed or transmitted to Northern. Upon Northern s acceptance and execution, an executed copy will be returned via FAX to the number appearing on the faxed offer or such other number as directed or otherwise electronically transmitted. 5. This Agreement, as amended, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No promises, agreements or warranties additional to this Agreement other than as may be contained in Northem's FERC Gas Tariff will be deemed to be a pact of this Agreement nor will any alteration, amendment or modification be effective unless confirmed in writing by the parties. The effective date of this Amendment is 11/01/2017 Except as amended herein, all provisions of the Agreement are hereby confirmed by the parties to be and remain in full force and effect. NORTHERN NATURAL GAS COMPANY CITY OF WAUKEE By:By: Title: Vice President, Business Development Title: Date: 01/27/2017 Date: )\` ))} a•/ , ]2 ) ;! k)) IS ®EE ƒ)]! )) n ( k ) ,\k & ! O T h y M fIl M M iJ h 7 M 1N� M M yN� M O z zz z po pp pp '1 �ppy a�pj ppI V � b ..r H rn rl N O N N 5 a 2& 2 }/} y! ! ( 4 � � \ 2 -- - ! }*« : f ! j � 2 m \ !, ®m ; ] ` § / } \) � gorthern Natural Gas •eeiixvuu xnm�xuvcxenovm"w.rm Northern Natural Gas Company Amendment to TF Throughput Service Agreement Date: 01/27/2017 Shipper Name: CITY OF WAUKEE Contract No.: 111748 (Agreement) Amendment No.: 16 The above -referenced Agreement is amended as follows: 1. The volume, term, and/or point provisions are amended as follows: a. The term of the Agreement is extended through 10/31/2022. b. The contract maximum daily quantities, primary receipt and delivery points, and terms are set forth on Appendices "A" and "B." c. The Appendices to the Agreement are deleted in their entirety and the Appendices "A" and "B" attached hereto and incorporated herein by reference are substituted therefor. All references to Appendix "A" or Appendix "B" shall be deemed to refer to the Appendices attached hereto. 2. Shipper shall pay Northern's maximum rates and charges plus all applicable surcharges in effect from time to time. 3. The parties agree that a facsimile or other electronic version of this document, when properly executed and transmitted, shell be considered for all purposes to be an original document, and shall be deemed for all purposes to be signed and constitute a binding agreement. The entire agreement must be faxed or transmitted to Northern Upon Northem's acceptance and execution, an executed copy will be returned via FAX to the number appearing on the faxed offer or such other number as directed or otherwise electronically transmitted. 4. This Agreement, as amended, constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No promises, agreements or warranties additional to this Agreement other than as may be contained in Northem's FERC Gas Tariff will be deemed to be a part of this Agreement nor will any alteration, amendment or modification be effective unless confirmed in writing by the parties. The effective date of this Amendment is 11/01/2017. Except as amended herein, all provisions of the Agreement are hereby confirmed by the parties to be and remain in full force and effect. NORTHERNNATURAL GAS COMPANY CITY OF WAUKEE By: low-& V"/ By: Title: Vice President, Business Development Title: Date: 01/27/2017 Date: \/} ! g §) {/ |\ ! ! !r ))\ «c; no )) ! § \!m ƒ ! 3 ) ^` i■ ,\§i !!! 7 Er; ~02 !/m .� _ - //2 6_; e ® # � ) (m( ( / / ■ ! « ¥ ; & ■ ■ § � & ! \ 2! § \ } g\ § /