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HomeMy WebLinkAbout5.329E Original Contract ,I "__" "-ll. 00<,. '5.5>:lQ WHEELING AGREEMENT - 3711 MOUNT ANGELES ROAD - 3805 MOUNT ANGELES ROAD This AGREEMENT is made and entered into this I ~:t day of May 1996, by and between Port Angeles City Light, hereinafter called "City Light", and who has requested wheeling services, and the Public Utility District No. I of Clallam County, Washington, hereinafter called the "District", who will be providing wheeling services. WITNESSETH that: WHEREAS, City Light and the District concur that the best interests of their respective customers is served by optimizing electrical facilities; and WHEREAS, situations exist where extensive electrical facilities would be required to provide electrical service to certain customers due to agreed upon service territory boundaries and physical terrain features; and WHEREAS, both City Light and District customers could benefit from the wheeling of power over the facilities of one utility to the facilities and customers of the other utility; and WHEREAS, City Light and District representatives have met and reached agreement on the terms and conditions under which power would be wheeled consistent with the Wheeling Principles set forth in the Electrical Service Area Agreement which the parties entered into on December 30, 1992; NOW, THEREFORE, IT IS AGREED between the parties hereto as follows: 1. Term of Agreement: This Agreement shall be effective from midnight May 31, 1996 until midnight May 31,2021. 2. Termination of Agreement: City Light may terminate the Agreement at any time by giving the District written notice at least sixty (60) days prior to termination. The District may terminate the Agreement either upon receiving the consent of City Light or if City Light does not timely elect to participate in capacity expansion or make payment pursuant to Section 6 of this Agreement. 3. Changes to the Agreement: Changes in the terms and conditions of this Agreement may be made at any time upon the mutual written consent of both parties. Either party desiring a change shall give the other party one hundred eighty (180) days' written notice. The notice shall contain the desired changes and a full explanation of the reasons for the change. If, at the end of the one hundred eighty day period, the parties hereto cannot mutually agree to the proposed changes, the Agreement shall remain unchanged. 4. Wheeling Areas: The area to be provided with wheeling services is 3711 Mount Angeles Road and 3805 Mount Angeles Road. 5. Facility Costs in Order to Provide Wheeling SerVIce: In accordance with the Wheeling Principles the District has determined that existing District facilities are capable of handling the additional loads to be imposed by City Light and that the cost to modify or upgrade the necessary facilities is $ - 0 - . City Light by signing this Agreement, agrees to pay to the District the above mentioned sum within thirty (30) days of invoice by the District upon completion of the modification or upgrade. City Light also agrees to pay its proportionate share of any costs required to upgrade or modify District facilities during the life of the Agreement should future loading conditions require such upgrade or modification. l. f' "t.\ 1. 'r 6. Insufficient Capacity Due to Load or Customer Growth: In June of each year excess capacity calculations shall be made by the District for all facilities involved in providing wheeling services using the Scott and Scott DPAG software or equivalent. If any facilities have become overloaded, the District shall prepare a cost estimate to upgrade the necessary facilities. The cost of the upgrade shall be split proportionately between City Light and the District based upon each parties load served through the line section or facility as previously determined. City Light shall then have ninety (90) days to decide whether to terminate the wheeling agreement or pay its share of the costs to upgrade the facilities. Payment of costs by City Light shall be within thirty (30) days of invoice by the District upon completion of the upgrade. 7. Wheeling Charges: City Light shall provide monthly statements to the District of the metered consumption and total unmetered consumption of all customers in the areas where wheeling services are being provided. City Light further agrees that it will pay the District for all metered and unmetered consumption based on 110% of the Districts average system cost. Compensation as calculated above shall be billed monthly and be due and payable within twenty (20) days of receipt of invoice. 8. Hold Harmless: City Light agrees, upon completion of the interconnection of City Light and District facilities, to indemnify, defend, and hold harmless the District and its officials, employees, and agents, from and against any and all claims for damages or any other relief due to property damages, personal injury, or any other form of loss arising from accidents or injuries occurring after the date wheeling of power commences. The District agrees, upon completion of the interconnection of City Light and District facilities, to indemnify, defend, and hold harmless City Light and its officials, employees, and agents, from and against any and all claims for damages or any other relief due to property damages, personal injury, or any other form of loss arising from accidents or injuries occurring after the date wheeling of power commences. 9. Authority: Each party warrants that the undersigned representative has full and complete legal authority to sign for it and to commit it to the performance of the agreements set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly signed and executed in two counterparts as of the day and year first above written. ATTEST: ATTEST: R~ PORT ANGELES CITY LIGHT Oflr(P;.(4 )tpQA Becky J. U ,. Clerk -- " :- , ,. )~' -, 0' {I ... 1.. . I' \ J '- \ '