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1961-08CONTRACT FOR GAS SERVICE This agreement made this 20th day of July, A.D. 1961, by and between Mid Florida Gas Company, a Florida Corporation, with its principal office atClemmont Lake County, Florida, and/or its successors, hereinafter called the Company, and City of Clermont whose address is Clermont, Fla. County of Lake, State of Florida, his/her executors, administrators, successors and assigns, hereinafter called the Consumer, WITNESSETH: For and in consideration of tbe promises herein made and the payment of the money herein provided to be paid by the Consumer, the Company does hereby rent, lease and let to the Consumer the following gas supplying equipment, hereinafter designated as the System, more particularly described as follows, to-wit: (DESCRIPTION OF SYSTEM) 120 gallon U.G. System Serial # 1242 10 year lease Pre-paid rental Non-refundable The.Company further agrees to install said Svstem herein described at: (DElSCRIPTlON OF LOCATION) Jaycee Beach house The parties hereby mutually agree as follows: 1. The term of this Agreement shall be for a period of ten years from the date hereof, and shall be automatically ex- tended for an additional period of ten years unless either party shall give the other at least sixty days' written notice prior to the expiration date of its desire to terminate this Agreement. 2. Thc Consumer agrees to pay to the Company the sum of l.00 dollars, of which amount, the sum of dollars is in payment of the cost of installation of the System and the sum of 1 .00 Dollars is rental for the use of said System and in payment for the service described below. Receipt is hereby acknowledged of the payment by the Consumer of the sum of dollars 1.00 which shall be credited against foregoing obligation. 3. The parties agree that the System shall remain the property of the Company, and shall always be considered person- alty and not realty; and nothing shall prevent the Company from removing the equipment without notice or demand, by process of law or otherwise, should the Consumer breach any of the terms of this Agreement. 4. The Company, or authorized agent thereof, agrees to furnish to the Consumer the following: a. The use of equipment hereinabove described, or replacements thereof, should the same prove necessary to insure the efficient operation of the System during the life of this Agreement, and to maintain the same in first-class working order. b. The Company WIll supply the Consumer wIth a sufficient supply of lIquefied petroleum gas to meet the needs of the the cost of which will be charged to the Consumer at tbe prevailing price at the time of each delivery. c. The equipment or System, including all main and house piping, so installed by the Company, shall be in accordance with the code of the Underwriters Laboratories and all State and Local Laws applicable thereto. .5. All repairs, and replacements to said System shall become a part thereof and shall not under any circumstace deemed or considered a part of the realty and the Company shall have the right upon the termination of this Agreement to all of .the equjpment, additions or replacements. 6. The Consumer shall pay any taxes or assessments which may be assessed or levied against said System; he shall not permit any adjustments, tampering, connections, disconnections, piping, or any alterations to be made, except by a duly authorized serviceman of the Company; and further he shall not connect or permit to be connected to said. System or any part thereof any appliances or equipment unless the same is done with the approval of, and supervised by the Company or its authorized service- man. 7. The Consumer shall not assign, transfer, mortgage or otherwise encumber any of the property covered by this Agree- ment or any interest herein or right hereunder and he shall not surrender possession of the System or any of its attachments to any person other than the Company. 8. The Consumer agrees to use said equipment only for the storage and .distribution of the liquefied petroleum gas that is furnished by the Company or its. duly authorized representative, and agrees to pay for the same at the prevailing price at each delivery, on or before the 10th of the month following the delivery date. 9, In the event the Company shall be unable to perform, or shall be delayed in the performance of, any of the terms herein on its part to be done and performed, by reason of strike, riot, war, fire, accident, or any other matters or things beyond its control, the Company shall not be liable for any loss, injury or damage occasioned thereby or resulting therefrom. 10. If, during any period of twelve consecutive months, the Consumer shall purchase from the Company less than one hundred gallons of liquefied petroleum gas, the Company may at its option terminate this .Agreement uppn five days' written notice to the Consumer and may thereupon enter upon the premises occupied by the Consumer and remove the equipment and System, retaining as and for a removal charge any and all rentals, deposits or other payments theretoforelITIade. 11. It is agreed that the Company, its agent :-Iml representatives, shall have the right to enter upon lhipremises occu- pied by the Consumer, at any time for the purpose of inspection service and repair. IN WITNESS WHEREOF, the Company and the Consumer have hereunto set thcir hands and seals in duplicate the day and year first above written. Mid-Florida Gas Signed, sealed and delivered in the presence of: APPROVAL BY OWNER OF REALTY The undersigned owner of the realty upon which the System which is the subject of the above contract, is to be installed, hereby consents to and approves of the terms of said Agreement insofar as the same apply to the owner of the legal title to said realty. Witness Record Owner