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HomeMy WebLinkAbout4.4 Amendment (6)r WHOLESALE WATER CONTRACT #810201 d irf1 cb6x ;441g Af.ht /b1�F 12-7-k9 Y THIS AGREEMENT, made and entered into by and between the CITY OF PORT ANGELES, a municiapl corporation, hereinafter called the City, and PUBLIC UTILITY DISTRICT No. 1 of CLALLAM COUNTY, a municipal corporation, hereinafter called the District, WITNESSETH: THAT WHEREAS, there has been in existence between the City and the District a wholesale water contract, and the parties hereto de- sire to continue said contractual relationship and to extend the sale of water by the City to the District commencing January 1, 1981 and continuing until termination by written request of either party. NOW, THEREFORE, the City agrees, to deliver and sell to the District at the present service connection, the wholesale water requirements of the District at the rate of twenty -five cents (250 per one hundred (100) cubic feet per month. This rate shall remain in effect until September 1, 1981 and may be renegotiated thereafter. The point of delivery shall be at the present service connection of the District, and the amount of water to be delivered by the City and purchased by the District shall be limited to 55,000 cubic feet per day, which amount will be receivable through the present service connection. In the event of a water shortage or drought conditions, the District will be limited to eight (8) percent of the total "City Supply" from the Elwha River system. The District will be notified when a shortage condition exists and be informed of limitations on their ability to draw water. In the event that the 8% restriction cannot be met by the District and more than eight percent is con- sumed, the City will have the right to place mandatory restrictions and /or monetary penalties on the District. The water purchased by the District shall be for the customers of the areas served by said District East of the City of Port Angeles, and none of said water shall be used or sold for use of pre- mises or in areas for which service has been established from the water system now operated by the City, and it is agreed that neither party will compete with the other in the sale of water in the areas now serviced by the other party. It is further agreed that if, during the term of this Contract, the District should reduce the water rates to its customer served with water purchased from the City, this Contract may be immediately re- negotiated. 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 of WHOLESALE WATER CONTRACT page 2 December 22, 1980 Continued the District or its customers, and the District agrees to indemnify the City for, and save it harmless from, all loss or damage 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. The City agrees to use reasonable diligence to furnish unin- terrupted service but shall not be liable for any interruptions caused by strikes or any other labor disputes, accidents, or acts of God, or any cause beyond the control of the City, or by the necessity for making repairs or changes in the pipeline or other facilities, and the District waives and shall not assert any claims against the City for damages to the District caused by any suspen- sion, interruption, failure or curtailment of service under this agreement. It is further specifically agreed that billings for services rendered shall be paid by the District monthly, and in the went the District fails to receive a monthly bill, such failure shall not release the District from liability for payment. Provided, however, if payment in full is not made on or before the close of business of the fortieth day after the due date of the bill, a delayed charge of two (2) percent of the unpaid amount of said bill will be added to the amount due. DATED this 3" day of 19 p'/ ATTEST: CITY OF PORT ANGELES e ieaArr_eit2 ,v/a City Clerk ATTEST: PUBLIC UTILITY DISTRICT N0.1 OF CLALLAM COUNTY i Z Secretary Approved as to form; /itY Attorney May President