HomeMy WebLinkAbout5.272 Original ContractFiled at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, WA 98362
Purpose:bLv'clAGk ai- ren
Dated: i r013,1
Clatlam
2005 1164649 County
Interlocal Agreement
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2005 SEP -9 AN 9: 34
City Clerk File No.: 5a
City Agreement between the Cit of Port Angeles and
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PURCHASE AGREEMENT
This Agreement made this )6 day of 1991, between PUBLIC
UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, hereinafter called "the District" and
the CITY OF PORT ANGELES, hereinafter called "the City".
REPRESENTATIONS
1. Both of the above parties are municipal corporations of the State of Washington. Both
own and operate electric distribution systems.
2. The area described below in which electric service is now furnished by the District is
within, the City limits and the City desires to provide the electric service therein. The
District owns electric distribution facilities within said area which can be used by the
City in providing such service. Both parties recognize that it is essential to efficient
operation and elimination of costly competition and duplication of facilities that there be
only one electric utility serving this area.
3. Both parties have agreed that a fair price to be paid by the City to the District for all
electric distribution facilities (except as specified below) of the District within the area
referred to, together with the right to provide electric service to all present and future
customers therein, shall be determined by the compensation formula contained in the
Service Territory Agreement currently under negotiation.
4. In the interests of time it is further agreed that the City shall pay to the District an
amount equal to the City's estimated cost of serving the existing customers, subject to
future adjustment upon adoption of the aforesaid Service Territory Agreement. Within
thirty (30) days of the adoption of the Service Territory Agreement by both parties, a
refund will be paid to the City by the District or the City shall pay additional monies to
the District depending upon the results derived by using the Agreement's compensation
formula.
AGREEMENTS
In consideration of the above representations and the covenants and agreements contained herein,
the parties agree as follows:
1. Property Description.
Lots 1 through 21 and 31 through 34 of the Uplands Subdivision as located in Section
14, Township 30 North, Range 6 WWM, Clallam County, Washington.
,a.7
Purchase Agreement (continued)
2. Transfer of Service Area and Electric Facilities.
The District hereby grants to the City the right to provide electric service to all present
and future customers in the area described above and hereby sells and conveys to the
City all District distribution electric facilities currently being used to provide electrical
service in said area with the exception of the electrical meters. The City accepts the
facilities as is with no warranty as to condition or suitability for use by the City except
that the District management to the best of their knowledge is unaware of any defects in
equipment or installation of the facilities being transferred by this agreement. To the
"best of their knowledge" means nothing has come to District management actual
attention and that they have no actual knowledge of anything inconsistent with the above
statement. District management has not and is under no obligation to, conduct an
independent investigation with respect to discovery of defects or liabilities. The above
warranty will survive the date of closing.
3. Revenues.
The District shall be entitled to collect and retain all revenues earned by its electrical
facilities in the above described area up to the time of the District's October meter
readings at which time the District will remove its meters and the City will install its own
meters. The City shall be entitled to collect and retain all revenues for services rendered
after that time.
4. Payments.
In consideration of the foregoing agreement on the part of the District, the City agrees
to pay the District fifty -three thousand seven hundred seventy eight dollars and 55 cents
($53,778.55) which is the estimated cost of providing service to the existing customers.
This payment shall be subject to future adjustment as more specifically described in
Representation #3. Such consideration shall be due and payable at the time this contract
is executed by both parties and an executed duplicate thereof delivered to each party.
5. Hold Harmless
The City agrees, upon completion of the transfer of service area and electrical facilities
as outlined in Agreements numbered 2 and 3 above, 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 damage, personal injury or any
other form of loss that in any way relates to the construction, maintenance and operation
of the described electric distribution facilities.
The District agrees, upon completion of the transfer of service area and electrical
facilities referenced above, to indemnify, defend and hold harmless the City, its officials,
employees and agents, from and against any and all claims for damages or any other
relief due to property damage, personal injury, or any other form of loss arising from
accidents or injuries occurring prior to the date of the transfer or occuring as a result of
defects warranted against in Agreement 2 above.
Purchase Agreement (continued)
IN WITNESS WHEREOF, the parties hereto have executed this contract in duplicate by their
duly authorized officers the day and year first above written.
CITY OF PORT ANGELES
By QuAra.t.4
Mayor
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PUBLIC UTILITY DISTRICT NO. 1
OF CLALLAM COUNTY
President
Sekretary
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