HomeMy WebLinkAbout4.4 Amendment (5)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, W I T N E S S E T H:
THAT 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 for a period commencing January 1, 1977 and ending December 31, 197P
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 8¢ 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 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
EVE 1VE rl
l'MM/\R a 1 1977
P.U.D. NO; 1
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 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 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 suspension, 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 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 per cent (2 of the unpaid amount of said bill will be added to
the amount due.
DATED this day of
ATTEST: CITY OF PORT ANGELES
ATTEST:
7
City Clerk
Secretary
PUBLIC
COUNTY
-2
UT LITY DISTRICT N
1977.
Mayor 4 667 71
1 OF CLALLAM
President
Vice President