NATURAL GAS AGREEMENTS (034)
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SERVICE AGREEMENT
FOR
0AS SERVICE
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THIS AGREEMENT, entered into this ~~. day of ~
1991, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
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corporation, hereinafter called the "Seller" and GOLF HOST RESORTS,
. P. O. Box l088 34688
INC., HnlICBHOOI( DI'!I~ ION, /Tarpon Springs, Flor ida J hereinafter called
the "Buyerll,
WIT N E SSE _T H
WHEREAS, the Buyer wishes to obtain the firm gas rate provided
herein for gas service, and the Seller is willing to sell and deliver
natural gas to the Buyer:
NOW, THEREFORE, Seller and Buyer agree as follows:
1, The Seller agrees to furnish an adequate supply of natural
gas to aforesaid Buyer located at Innisbrook Resort in Pinellas County, Florida.
2. All gas furnished by the Seller under the terms .of this
Agreement shall be separately metered by metering equipment furnished
by the Seller,
3. The Buyer agrees to pay Seller for a minimum of 140 therms~
provided, ho\vever, _ -
calendar day regardless of actual consumption, / that there shall ~
be no minimum consumption charge w~the Buyer's gas requirement
quantity~
falls below the minimum / due to plant closings, strikes or
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electrical curtailment to Buyer from Buyer's electrical supplier; and,
beginning with the commencement of total gas service to th Buyer
'Billing will be on a monthly basis,/ The current expansion area
March, 1991, unit price per therm, excluding franchise fees and taxes,
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is 64.922~. This unit price may be adju~ted up or down to reflect
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· provided further, there shall be no minimum consumption charge occasioned
by the Seller's inability to provide said minimum of 14Q therms. ~______.
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changes in the base rate for gas furnished to seller by its supplier,
Florida Gas Trans~ission Company. The unit price charged to the Buyer
may also be changed by the Clearwater City Commission, but only as
approved for all firm gas customers of the System.
4. Gas service under this rate schedule shall be provided during
an initial term of five (5) years from date of Agreement. After the
initial term, the Agreement shall continue on a year-to-year basis,
unless either party shall, at least ninety (90) days prior to the end
of any such yearly period, give the other party notice of its
intention to terminate the Service Agreement.
5. It is the responsibility of the Buyer to notify the City of
Clearwater Gas Division immediately if a gas main, gas service, or gas
fitting is damaged, or suspected of being damaged. All calls shall be
directed to the Gas Division's emergenc~ nu~ber, which is 462-6633,
day or night, weekday or week-end, The Buyer shall not try to correct
the problem.
(a) If the problem is a gas odor, the Buyer shall at once clear
the room, building or area of all occupants. Every practical means to
eliminate any source of ignition shall be used by the Buyer. This
shall be accomplished by preventing smoking, striking matches, the
operating of electrical switches, motors or other equipment (including
telephones), or opening furnace doors, etc" which can cause a spark,
If possible, the Buyer shall cut off all electrical circuits at a
remote source to eliminate operation of automatic switches in the
dangerous area. Safety flashlights designed for use in hazardous
atmospheres should be the only light used in such emergencies.
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(b) The Buyer shall iwnediately notify the emergency dispatcher for
the Gas Division (telephone 462-6633) from a telephone remote from the
area of the leak. The Buyer shall not try to correct the problem.,
(c) The Buyer agrees to ensure that all employees are made aware of
the procedures required to be followed as stated above.
Important
telephone numbers are reprinted below for the convenience of the
Buyer.
Gas Emergency
462-6633
Gas Division Office
462-6630
utilities Customer Representative
462-6600
(d) The telephone numbers set forth herein are subject to change
without notice.
6. Buyer further agrees to indemnify and hold harmless the City
from any and all personal injury and property dam~ms arising ..tt;
directly or indirectly. under this Agreement whi ch resul ts ~solely from (9l
the negligence of Buyer or its officers and employees.
7. Special provisions to this Agreement, if any, are as listed
below:
The Seller will install necessary gas mains, gas services, gas
meters, and convert the gas equipment (excluding vehicles) to natural
gas at no cost to the Buyer,
8, This Agreement shall be binding upon and inure to the.
benefit of the parties hereto and their respective successors and
assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement by their duly-authorized officials on the date set forth
above.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Approved as to form and
correctness:
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Attest:
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City A t rney
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GOLF HOST RESORTS, INC.
I~l~lI~~ROOK DI"T9XnN
~'\\M~
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BY~~~ ~
Exec .Vi'ce presi ent
Richard S, Ferreira
witnesses as to Buyer:
Secretary
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