NATURAL GAS AGREEMENTS (011)
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SERVICE AGREEMENT
FOR
COMHERCIAL INTERRUPTIBIE GAS SERVICE
THIS AGREE1'lENT entered into this / ;7 -?!'- da;\' of /.0 V'" P7 Bc---c.
1970, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
herein called the "Seller" and W. L. COBB CONSTRUCTION COMPANY, INC.,
Starkey Road, Largo, Pinellas County, Florida, hereinafter called the
"Buyer".
WIT N E SSE T H :
WHEREAS, the Buyer wishes to obtain the special gas rate provided
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 equip~ent and appliances
to be served with interruptible Natural Gas under this Agreement, during the
life of this Agreement. Equipment without such stand-by apparatus shall not
be served with gas under the terms of this Agreement.
2. The Seller agrees to furnish an adequate supply of Natural Gas
to aforesfdd equipment ar.d a.ppliances except wr...en :neceS5ar~y to interrupt said
supply as provid~d herein.
3. Whenever a curtailment of gas delivered hereunder is required,
the Seller, through the Superintendent of Gas Distribution, shall issue a
curtaiL'11ent order to the Buyer, through the Superintendent of Building Maintenance,
specifying the quantity of gas to be curtailed and the time at which such curtail-
ment shall take effect. When restoration of service is permissible, Seller shall
similary issue a restoration order.
A curtailment order may 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 occasioned 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 bemnsidered as OVer-run gas
and Buyer shall pay for such over-run gas at the rate of $1.50 per Therm.
The Seller shall have a meter reading taken at the effective time of a curtail-
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ment order and any gas recorded on meter after said time and before
restoration of service shall be considered as oVer-run gas.
5. All gas furnished by the Seller under the terms of this Agreement
shall be separately metered by metering equipment furnished by the Seller.
6. The rate for gas furnished under the terms of this Agreement
shall be billed monthly as follows:
First 10,000 Therms @
Next 20,000 Therms @
Allover JO,OOO Therms @
.050# per Therm
.048# per Therm
.046# per Therm
Hinimum 250 Therms per day
Said rate shall be subject to adjustment from time to time in accordance with
any changes in the base rate for interruptible gas furnished to the Seller by
the Florida Gas Transmission Company.
7. Gas Service under this Rate Schedule shall be for a minimum period
of five years, and shall continue from year to year after the expiration of the
term stated in the Service Agreement, unless either party shall, at least ninety
(90) days prior to the end of any yearly period, give the other party notice of
its intention to terminate the Service Agreement.
8. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
date set forth above.
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FWRIDA
/f$S '.,..-City Attorney
w.
INC.
'~-i t,llesses ,as to BU~,r: "
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