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NATURAL GAS AGREEMENTS (009) " . - ~" .~ I I ~. SERVICE AGREEMENT FOR COMMERCIAL INTERRUPTmLE GAS SERVICE THIS AGREEMENT entered into this //4 . ',~1. ~A- day of ~ , 1970, by and between tile CITY OF CLEARWATER. FLORIDA. a municipal corporation, herein called the "Seller" and AUBREY T. MOOREFIELD PAVING CONTRACTORS. INC.. 1550 Starkey Road, Largo. Pinellas County, Florida, hereinafter called the "Buyer" . WIT N E SSE T H : WHEREAS, th~ Bu;y-er 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 a.s follows: 1. The Buyer hereby agrees to install and maintain stand-by 011 burning apparatus, in good worldng order. for all equipment 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 aforesaid equipment and appliances except when necessary to interrupt said supply as provided herein. 3. Whenever 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 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 permissable, Seller shall similarly 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 byan-evento~ "force -majeure"affeiling. the~ Seller's system, Seller shall be obligated to give only such notice as is practicable in the circumstances. 4. Gas Taken by the ~yer 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 meter reading taken at the effective time of a curtail- -1. i' J " 0:-"" I I 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 30,000 Therms @ Minimum 250 Therms per day .050; per Them .048; per Them .046; per Them 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 tem 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 by their authorized officials on the date set forthal9ov!!.' FLORIDA By City Manager Approved as to corrac ty Attorney A Y T. MOOREFIELD PAVIl{G CONTRACTORS, INC. c'c Wi tn. ,s.. es as toeter: j.!e" - v'L cr-7i/ C- a~xL ,.i .7/. 1.../ ~/ / /-. 1;) t! II.:., //7//1 A,'i/\Y~,/J.- j "I \~"." .-- By L:' ~ .~U'.. ~ ki ",-~.(..~r~ --~ Prend"nt .. . -:/ . - . . - : - Attest:~~-r)&./r' -2-