NATURAL GAS AGREEMENTS (014)
,.
I
I
SERVICE AGREEMENT
FOR
COMl1ERCIAL INTERIWPTIBLE GAS SERVICE
THIS AGREEMENT entered into this ~~~y of
1971, by and between the CITY OF CLEARWATER, FLORIDA, a muni
,
corporation,
herein called the "Seller" and CLEARWATER CONCRETE INDUSTRIES, INC.,
1700 N. Hercules Avenue, Clearwater, Florida, hereinafter called the "Buyer".
WIT N E SSE T H :
WHEREAS, the ~er wishes to obtain the special gas rate provided
i
herein for interruptible gas service and the Seller is willing to sell and
deliver Natural Gas, when available, to the Buyer:
NOW, THEREFORE, Seller and Buyer agree as follows:
1. The Buyer hereby agrees to install and maintain stand-by oil
burning apparatus, in good working order, for all equipment and appliances
to be served with interruptible Natural Gas illlder this Agreement, during the
life of this Agreement. Equipment without such stand-by apparatus shall not
be served with gas illlder the terms of this Agreement.
2. The Seller agrees to furnish an adequate supply of Natural Gas
to aforesaid equipment and appliances except when necessary to interrupt said
supply as provided herein.
3. vfuenever a curtailment of gas delivered hereunder is required,
the Seller, through the Superintendent of Gas Distribution, shall issue a
curtailment order to the Buyer, through the Superintendent of Building V~in-
tenance, specifying the quanti ty of gas to be curtailed and the time at which
such curtailment shall take effect. When restoration of service is permissible,
Seller shall similarly issue a restoration order.
A curtailment order m~ be issued either by verbal or written notice
at least two hours in advance of its effective time, except that if curtailment
or interruption is occa~ioned by an event of "force majeure' affecting the
Seller's system, Seller shall be obligated to give only such notice as is
practicable in the circumstances.
4. Gas taken by the Buyer under this Agreement by reason of Buyer's
failure to comply with curtailment order shall be considered as oVer-run gas
and Buyer shall pay for such over-run gas at the rate of $1.50 per Therm.
The Seller shall have a!llter reading taken at the effective time of a curtail-
ment order and any gas recorded on meter after said time and before restoration
- 1 -
/Iv'!, , :,,! "
,I..,C I, ,'! /"/"
--~--
~
- .
I
I
of service shall be considered as over-run gas.
5. All gas furnished by the Seller under the terms of this Agreement
shall be separately metered by metering equipment furnished by the Seller.
6. The rate of gas furnished under the terms of this Agreement
shall be billed monthly as follows:
First 10,000 Therms @
Next 20,000 Therms @
Allover 30,000 Therms @
.050~ per Them
.048~ per Them
.046~ per Them
Hinimum 250 Therms per day
Said rate shall be subj~ct to adjustment from time to time in accordance with
any changes in the base rate for interruptible gas furnished to the Seller by
the Florida Gas Transmission Company.
7. Gas Service under this Rate Schedule shall be for a minimum period
of five ye ars, and shall continue from year to year after the expiration of the
term stated in the Service Agreement, unless either party shall, at least ninety
(90) days prior to the end of any yearly period, give the other party notice of
its intention to terminate the Service Agreement.
8. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
IN vrrT~mSS WHEREOF, the parties hereto have executed this Agreement
by their duly authorized officials on the date set forth a.bove. '
FLORIDA
~;'f
City Nanager
INC.
Witnesses as to ~~:
dfL~'
1J~/I YA..
(/
By .:tz;..L-~4'.
--President:
- 2 -