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Home My WebLink About5.329B Original Contract 5, 3~q . '..... -tIft_ ~ '" ,~ WHEELING AGREEMENT This AGREEMENT IS made and entered into this ~ day of No\ll,rnbtl't' , 1993, 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 tern tory 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 utllIty 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 on November 18, 1993 until November 18, 2018. 2 Termination of Agreement: City Light may termmate the Agreement at any time by giving the District written notice at least sixty (60) days pnor to termmatlOn 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 contam 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 Area: The area to be provided with wheeling services is shown on Exhibit "A" attached hereto and made a part of this Agreement. For descriptive purposes this area shall be known as Harborcrest Subdivision. S Facility Costs m 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 wlthm 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 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 provldmg wheelmg services using the Scott and Scott DP AG software or equivalent. If any facilIties have become overloaded, the Distnct shall prepare a cost estimate to upgrade the necessary facilIties. The cost of the upgrade shall be splIt proportionately between City Light and the Distnct based upon each parties load served through the lme sectIOn or facilIty as previously determined. City Light shall then have ninety (90) days to decide whether to term mate the wheelmg agreement or pay its share of the costs to upgrade the facilities. Payment of costs by City Light shall be withm 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 mJunes occurnng after the date wheeling of power commences. The Dlstnct agrees, upon completIOn of the mterconnection of City Light and District facilities, to mdemlllfy, 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 mJuries occurnng after the date wheeling of power commences. 9. Authonty. 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 herem. 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. A ITEST ~~ M' ael Mclnn ,Manager PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY b c ~~ ) V-L"'--- Port Angele Ity lerk . ~or PORT ANGELES CITY LIGHT A TrEST V'!AV~O M;jJ~[;3@[j4130m @~~~t7 A PORTION or SUBURBAN LOT I, TOWNSITE OF' PORT ANGELES, CLALlAfI' COUNTY, I.lIASHINGTON , ~ p / fll tv : "- . ~\ ,~ l~ " V , .~ o i ~ <~. ~...~~;: ~o~ "ooQ ..; .........::... I\,~ ~~~:~ '~ .,v VI ~~ 0 .. < \I., ;~..,":;;~ ~ <" ----.. ~"..~~ -. -'-- "':;.~~';:(..<''''''~I: ~:~":...~~ --~,~ ....... ..~:..--...,~<. o#"'~r :...... ----.,C_~IS'OO __ .. ...,-"o~.~o./1l7 ~~~. w -. <""'<.~ ~;~~....~ r~. ....~ -~ - ^ .",' ,-.,::,.1 ~~"./"~..!I .. ~/ ....~? ~ ~ .~, ~, ~ i :t \.. l\c ;;~~ ';';t,,{....f; ':l4'~::' 0 i#~r~~jfff:: ~ ~ \l ~ . c.,~~:~~J:;~OO' .~:<~ ' . '. , ~~Q,'''' ..., " '? DESCRIPTION ,J l ~ .'" .~ rl-- THAT PORTlOli OF SUBURBAN BWCK 1 OF THE TOWNSITE OF PORT ANGELES, CLALLAM OOtfNTI, WASHINGTON, LYING SOlJ11{ERLY OF THE RIGHT or WAY OF THE CHICAGO, I"IILWAlIKEE, ST PAUL AND PACIFIC RAILWAY, EXCEPT niAT PORTION TtlEREnF COmEYED TO SIEMS, CAREY-H S. KERBAIXH COflPORATION BY DEE'J RECORDED IN VOLUME 98 OF DEEDS, PAGE 164, RECOfDS OF CLALLAI"I COUHTY. WASHINGTON, DesCRIBED AS FOLLOWS, B&::IIfflING AT THE SOl111fW~T CORNER OF SUBt/RllAN LOT I, CO~ERNI"IENT TOWNSITE OF PCRT ANCELES,I nrEllCE SOuni ~ST:~~E ~:T 4~~;c~E ~=~~R~J;~2gF 1fT ciST A A DISTANCE OF 401.18 FEET, 'mENCE NOR'm sa 45' WEST ~Ii~AN~~~/:b~ ;"l~W~~ ~~~~,L~~':LY LIN! OF LOT 1. A DISTANCI OF' 185 FEET '1'0 'mE PLACE OF BD;IHNINC SURVEYORS '0' ~ OtDICATlO~S. RESTRICTIONS, ANO COVENANTS Know ell lIOen of thllse presents thet llIe the undet- sighned, owner!! in fee simple of the land here- by pletted. hereby declare this and dodicate to the u!!e of the public 1'01' ever all toed.ay!! and easements shown hereon end the use thereof for sny end all public purpose!! not incosi!ltant with the use thereof 1'01' pubHc hignlley purpo!!es. also the right to make upon the lots all nec- essary slopes ror cuts or rills in the reesoneble original grading of the roadway. This pht is subject to the "Oedication of ProtectivlI Cov- 8nllnts and Restrictions" ror Harbor Crest. recorded SImultaneously here.ith under audit.or's rile no. ""'/.J09~ In Ifl tneaa whereof th1e lnatrulllent is 8XCUtltd th1s I' q.y Of~ - (( ~L;o;;,--, OarTell E. Petersen F1"t Federal SavllU1:8 and ~ ~ c::.:G -j Loan Aaspc:l&J.lo~1 ",;;o.y. ior"~~~;[",-4<~ .. u-}>resident V1ce Pre ldent of $...,.t..,., ACKHOWLEDGE"-ENT State of Wash1~on ) County of Clalln ) CA Thla 115 to certify that on this 1L dAy of tt...AJL 19.bZ ~~~;e:~r:~e/nt1t>:!:e:l: ::,ota::,:u~:;i~~rz:n.naj~: l"1tspective1y of First Federal SaviMs and LCftD As.sociation of Port Anp;eles, Washl",ton. to ,.e know to 00 the lndivid- uals who executed the fore,ll;oln,i; lnstruMlnt and acknOll'ledged to ,.e that they aip;ned and sealed the SSIll8 a.J their free and voluntary act and. deed, for the uses and purpoeea therein lIIentioned. Witness Ill' hand and official seal the day and ~ea.r !):7t above wrltten. 7)~' r ~ _ Notary Public 'in and for the Sta~of W.a.ahl~toB. nls1diruo; .tif~ ,a...,~ . ACKNOWLEDGE"-ENT State of WashiMton ) County of Clallu. ) C~ This iD to certify that on this I.J.::.. day of 1.'1....1 19.zl, before lIIe, the undGrslp;ned. a Nolary Publlc, ~nallY appeared n.rrell E. Petersen and Edna Caye P"ter:;en, h1l5 wife. to lite known to be the persons who eXllcuted the fore- goln,; lnstrulll8nt and .cknovle~ed to Ill8 that they s1~ed and su.led the lS&lIIe as thelr free and volunt.ry act II.nd deed, for the u.ses and purpol'les therein tIIentloned. Wltness lit, hand and ofncial seal the day and year fitflt abo...o written. ~ ,~.....er;:.,E' Notary Public ln and for the Stat!! 01" Wa~iNl;ton~ldl~ at 0'-"" ~ . CERTIFICATE TREASURERS CERTIFICATE I, Darrell Petersen of Petersen and nark. P. S hereby certify that this plat 1s based upon actual SW"VI!IY. that diatanClIls and bear1~ /~ ,( ~ /.?~ Dl.rrell Petersen. Rej[istere:1 Land SUl"'Ieyor d I' ~ ,. -..l I. TroaaurlllT of ClaUalll CJunty. Washington. hereby certify that .11 taxes on the above property, to,;ethu wlth t,. pay..nt of advance taxes requlred before filing of the npld. have been pa1d. ~ "" r' '-;' ':'I..' 4 ,..~" ~ LJA'J.) I _ud ,th<", 'I'reafl er of Clalla ounty f EXAMINED A' D APPROVED This .1..Ik.. o..y of !~~ 19f1. This ~ Day of JunA 19E Thia 7"'" Da.yof 19E This ~ Day of ../I,;"~ 19~~ ~ ~ ~ ea. RECORDING C!l:RTIFICATE ,I '11 for the record at tile request of : I l t I ,". thls I Day of 19~ A. D., at ~ l"Iinutes past _ O'Clock--:::Z::-H. and hec ed In VolUlle ...:.L 0" Plata, Plu:e -1-. Recordo of ClaU.1I {'ounty. /" ~ , I HI ~ J ,#,~ County Auditor Approved by the City Council of the rity of Port A!lIt:eles, Wuhlndon Thla ~ Day of J"'Me 19..za,. /i h"~ e~ Attest ~,,:('''''''~ f).,,_r_ """-"Ilyo.c City Clltl"k r '-l ~