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Resolution No. 6917 Ill"""'" 1 RESOLUTION NO. 6917 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A LETTER OF ASSIGNMENT OF A NATURAL GAS SALES 4 AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND PAN ENERGY GAS SERVICES, INC. TO PANENERGY 5 TRADING AND MARKET SERVICES, LLC 6 WHEREAS, the city Council of the City of Vernon by 7 Resolution No. 6821 on July 19, 1996, approved and authorized the 8 exeoution of a Natural Gas Sales Agreement with PanEnergy Gas 9 Services, Inc. for the period August 1, 1996 to July 31, 1997; and 10 WHEREAS, PanEnergy Gas Services, Inc. and Mobil Natural 11 Gas, Inc. have formed a joint venture energy services partnership 12 (limited liability company) named PanEnergy Trading and Market 13 Services, LLC ("PTMS") to perform the services provided for in 14 said Agreement; and 15 WHEREAS, Pan Energy Gas Services, Inc. has assigned its 16 rights and obligation~ under the Natural Gas Sales Agreement to 17 PTMS and has requested the city to consent to the assignment of 18 said Agreement pursuant to Section 12 thereof; and 19 WHEREAS, the Director of Light and Power of the City of 20 Vernon has recommended that the assignment from PanEnergy Gas 21 Services, Inc. to PTMS be approved, effective August 1, 1996. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 23 CITY OF VERNON AS FOLLOWS: 24 SECTION 1: The City Council of the City of Vernon does 25 hereby find and determine that the recitals contained hereinabove 26 are true and correct. 27 SECTION 2: The City Council of the City of Vernon hereby 28 approves the Letter of Assignment dated August 1, 1996, a copy of " 1 which has been presented to the City Council concurrently with 2 this resolution, and the City Council hereby orders said Letter of 3 Assignment to be received and filed by the city Clerk. SECTION 3: The City Council of the city of Vernon hereby 4 5 authorizes the Mayor and the City Clerk to execute said Letter of 6 Assignment for, and on behalf of, the City of Vernon. 7 SECTION 4: The City Clerk of the City of Vernon shall 8 certify to the passage of this resolution, and thereupon and 9 thereafter the same shall be in full force and effect. 10 APPROVED AND ADOPTED this 18th day of February, 1997. ~. 11 12 13 ATT~. : /~ BRUCE V. ~ /~~~~ MALKENHORST, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 1 STATE OF CALIFORNIA 2 COUNTY OF LOS ANGELES ss 3 I, BRUCE V. MALKENHORST, city Clerk of the City of 4 Vernon, do hereby certify that the foregoing Resolution, being 5 6 Resolution No. 6917, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held 7 on Tuesday, February 18, 1997, and thereafter was duly signed by 8 the Mayor of the City of Vernon. ~ /~ 9 10 BRUCE V. MALKENHORST, City Clerk 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ,;- /J '-'11 ~?/7 .. i;~//O. Mobil August 1, 1 996 FEB · G 1987 City of Vernon, California Attn: Leonis C. Malburg, Mayor 4305 Santa Fe Avenue Vernon, CA 90058 Re: PanEnergy No. GSA 272, Dated July 8, 1996 Pan Energy Gas Services, Inc. ("PGS") desires to assign the above referenced contract (the "Contract") to PanEnergy Trading and Market Services, LLC ("PTMS"), a Delaware Limited Liability Company, effective August 1, 1996. PTMS will be managed and owned sixty percent (60%) by a wholly-owned PanEnergy company. Mobil Natural Gas, Inc. ("Mobil") will own the remaining forty percent (40%). Since the Contract may be interpreted to require your consent to such assignment, we ask that you sign a copy of this letter in the space provided below indicating your consent to the assignment in all respects. PTMS shall be responsible for all duties, obligations, and responsibilities, and shall be entitled to all rights and benefits, of PGS arising under the Contract from and after August 1, 1996. PGS will continue to be responsible for all of its duties, obligations, and responsibilities, and entitled to all of its rights and benefits, arising under the Contract prior to August 1, 1996. To assure continuity and ease of service, all addresses, payments, accounts, and nomination and operational contacts shall remain the same under the Contract. You will continue to deal with substantially the same people with whom you have dealt in the past. This is essentially nothing more than a name and ownership change. Currently, Mobil and PanEnergy are working together to obtain an independent credit rating for PTMS, which will exceed that previously enjoyed by PGS. This will be achieved soon after PTMS commences operation at the beginning of August 1996. We look forward to continuing our business with you. F:.. . .,wpdatalstt'.mlseltrslasignltr. vea PanEnergy Trading and Market Services, L.L.C. We Bong Energy to Everythmg You 00"" A Pan Energy and Mobil Company 4 Tnad Cenler, Suile 1000 Sail Lake Citv. Utah 84180 801 531-4400 Fax: 801 531.5470 .,. City of Vernon, California Assignment Letter for GSA 272 Dated August 1, 1996 Page 2 ,. _ t, 't Please return an executed copy of this letter to our address as reflected on this letterhead. Your cooperation in this matter is appreciated. Please call us if you have any questions. Consent granted: City of Vernon, California Sincerely, Pan Energy Gas Services, Inc., on behalf of itself and PanEnergy Trading and Market Services, LLC By: /IU~ W(~fl~ Steve B. VanLeer Managing Director Southwest Division By: _~~_./h'_ f) . Name: LEONIS C. MALBURG Its: Mayor ATTES/( By: () ~~ BRUCE V. MALKENHORST, /ftf~ City Clerk APPROVED AS TO FORM: By: \)~\2,\)~ DAVID B. BREARLEY, cit . Attorney