SUBJECT/RECOMMENDATION:
Title
Approve a Developer Agreement with JEN Tampa 14, LLC; approve an updated Developer Agreement template for future use; authorize the Gas System Executive Director to approve future Developer Agreements in substantially similar form, subject to City Attorney review; and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
CGS Energy requests approval of an amended Developer Agreement with JEN Tampa 14, LLC, along with approval of an updated Developer Agreement template for use in future residential developments.
The Developer Agreement is the primary contractual tool used by CGS Energy to secure natural gas commitments within new residential subdivisions. It establishes developer requirements for gas adoption while formalizing CGS Energy’s obligation to design, construct, and provide the necessary natural gas infrastructure and utility services.
The proposed updated template makes some operational/procedural corrections and includes three substantive changes:
1. Business Name Update: Update of the utility’s name from Clearwater Gas System to CGS Energy to reflect the approved rebranding.
2. Legal Remedies Clarification: Revised Remedies and Limitations provision (Section 11) that limits both parties on the recovery of incidental or punitive damages.
3. Updated insurance language and coverage amounts to align with Risk Department’s 2026 requirements.
APPROPRIATION CODE AND AMOUNT:
Funds are budgeted and available in 4232077-543211, Builder Reimbursements, and project 96386, Expanded Energy Conservation, to fund this agreement. The operations of CGS Energy and all projects which support it are funded by revenues from the Gas Utility Enterprise Fund.
USE OF RESERVE FUNDS:
STRATEGIC PRIORITY:
This item aligns with Objective 1.5 of the Strategic plan by embracing a culture of innovation that drives continuous improvement and successfully serves all our customer as well as Objective 2.1 by strengthening public-private initiatives that attract, develop, and retain diversified business sectors.
