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HomeMy WebLinkAbout4.4 Amendment (7)WHOLESALE WATER CONTRACT 4 4 F i. 7- 89 RECEIVED SEP 8 1989 'J No 1 THIS CONTRACT, made and entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the "City and the PUBLIC UTILITY DISTRICT #1 OF CLALLAM COUNTY, a municipal corporation, hereinafter called the "District W I T N E S S E T H: WHEREAS, there has been in existence between the City and the District a Wholesale Water Contract, and the parties hereto desire to continue said contractual relationship and to extend the sale of water by the City to the District, commencing May 1, 1989, and continuing until April 30, 1990, or termination upon 30 days' written notice by either party, whichever is earlier. NOW, THEREFORE, the City agrees to deliver and sell to the District, and the District agrees to buy from the City, wholesale water under the following provisions: 1. Rates. The District shall pay Twenty -Five Cents ($0.25) per 100 cubic feet per month, beginning May 1, 1989, through April 30, 1990. The amount of water to be delivered and purchased at said rate shall be limited to 55,000 cubic feet per day. Should the District require water in excess of 55,000 cubic feet per day, the rate shall be Thirty -Eight Cents ($0.38) per 100 cubic feet for all amounts in excess of 55,000 cubic feet per day. 1 2. Other Conditions. A. The District agrees to aggressively manage its water system to reduce the demand on the City's system between the hours of 9:00 p.m. to 6:00 a.m. B. The District further agrees to continue to investigate the use of other sources to supply water to the area serviced by this contract. C. In case of emergency, or whenever the public health, safety,- or the equitable distribution of water so demands, the City may reduce or limit the time for, or temporarily discontinue, delivery of water to the District. Water delivery may also be temporarily interrupted for the purposes of making repairs, extension, or doing other necessary work. Before altering the delivery of water to the District, the City will attempt to notify the District, in advance, of any changing, reducing, limiting, or interruption of service. The City, however, shall not be responsible for any damage resulting from interruption, change, or failure of the water supply system. D. In the event of a water shortage or drought conditions, the City may restrict the volumes of water delivered to the District. The District will be notified when a shortage condition exists and be informed of the limitations that will be placed on the volumes delivered by the City. E. The water purchased by the District shall be for the customers of the areas served by said District east of the 2 City of Port Angeles. The District agrees to notify the City when any significant increases in its service area are proposed. F. All water supplied under this contract, after it passes the point of delivery, shall be the property of the District, and the City shall not be liable for any loss or damage to any person or property, whatsoever, resulting directly or indirectly from the use thereof by the District or its customers, and the City shall further not be liable for any interruptions in supply of water to the District or its customers, and the District agrees to indemnify the City for, and save it harmless from, all losses or damages which the City may suffer or incur by reason of the assertion of any such claim against the City, including all fees, costs, expenses, and attorney fees incurred in defending against such claims. G. The point of delivery of the water shall be at the present service connection to the District at Gales Addition Reservoir. 3. It is further specifically agreed that billings for services rendered shall be paid by the District monthly, and in the event the District fails to receive a monthly billing, such failure shall not release the District from liability for payment. The billing, payment, and collection of this contract shall be as specified in the City's Utility Accounts Ordinance, Chapter 13.16 of the Port Angeles Municipal Code. 4. This contract shall terminate on April 30, 1990, or upon 30 days' written notice by either party, whichever is earlier. DATED this 5th day of September 1989. CITY OF PORT ANGELES L....— ..1))44-7 Frank McPhee, Mayor Preside ATTEST: ATTEST: Michelle M. Maike, City Clerk APPR ED AS TO FORM: Craig D son, City Attorney ActingSecretary PUBLIC UTILITY DISTRICT #1 OF CLALLAM COUNTY L I1 NnA__ f&tt-e-s