HomeMy WebLinkAbout4.4 Amendment (10)WHOLESALE WATER CONTRACT
THIS AGREEMENT, made and entered into by and between the CITY OF PORT
ANGELES, a municipal 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 desire to con-
tinue said contractual relationship and to extend the sale of water by the
City to the District for a period commencing January 1, 1979 and ending
June 30, 1979.
NOW, THEREFORE, the City agrees, at the rate hereinafter fixed to deliver
and sell to the District at the present service connection the wholesale water
requirements of the District at the following rates:
First 100,000 cubic feet per month or less, $200 per month.
All over 100,000 cubic feet per month at 8Q per 100 cubic feet.
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 8 percent of the total "City Supply" from the Morse Creek
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 8% is consumed,
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 premises or in areas for which
service has been established from the water system now operated by the City,
t
rE 1 I
JAM 15 1979
P.U.D. NO. 1
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 Ctiy, 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 the District or its customers,
and the District agrees to idemnify 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 uninterrupted
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 event the District fails
to receive a monthly bill, such failure shall not release the District from
li6bility 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 percent(2 of the unpaid amount of said
bill will be added to the amount due.
DATED this llthday of January 1979.
CITY OF PORT ANGELES
ATTEST:
e.
City Clerk
ATTEST:
Mayor
PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY
°oS.