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HomeMy WebLinkAbout4.4 Amendment (13)i P.O. Box 951 ,ORT ANGELES, WASH. 98362 Phone 452 -9771 f PIIILIP K. JACKSON, Manat;ri BC City of of Port Angeles 140 West Front Street Port Angeles, Washington 98362 Attention Mr. T. G. Honnold Superintendent Light Dept. Gentlemen: OF CLALLAM COUNTY February 2, 1976 Enclosed are two executed copies of the City PUD Agreement for joint pole construction on Peabody Street, between Park Street and Ahlvers Road resulting from LID 198. Sincerely, Carl H. Olsen Superintendent BOARD OF COMMISSIONI ;It A. E. Fletcher, President William McCrone, -Vice Prr i „r• Russell Bayton, Secretarti CHO /ls Enc: Agreement (2) CLALLAM COUNTY LIVES BETTER Electrically A G R E E M E N T i THIS AGREEMENT made and entered into this day of January, 1976, between the CITY OF PORT ANGELES, a munici- pal corporation, hereinafter called the "City," and the PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation, hereinafter called the "District," WITNESSETH: WHEREAS the changes being made by the City provided for under LID #198 require that all of the District's facilities on the west side of Peabody Street from the centerline of Park Avenue to the south margin of Ahlvers Road be set back and relocated; and WHEREAS the City has made plans for rebuilding and up- grading its facilities on the east side of Peabody Street; and WHEREAS the best interests of the customers of both the City and the District who are provided electrical service is best served both from the standpoint of a substantial savings in construction costs and from the standpoint of improved aesthetics by the construction of a joint overhead distribution facility on the west side of Peabody Street between Park Avenue and Ahlvers Road; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: 1. The City and the District will construct a joint overhead distribution facility on the west side of Peabody Street in Port Angeles, Washington from the centerline of Park Avenue to the south margin of Ahlvers Road as shown on a sketch of this distribution facility, marked Exhibit A, attached to this agreement and made a part thereof by reference. 8. In the event of a relocation of thc..; facilities required by land development, new plats or customer's requests, the City shall be responsible for providing the necessary poles and labor costs for the installation of new poles and removal of old poles. Each of the parties shall be responsible for the transferring of their facilities to the new poles. 9. Both parties will carry liability insurance in an amount sufficient to protect against all claims for damages to persons or property arising out of the use of, or in any way in connection with, the joint facilities provided for in this agreement. Each party will advise the other as to its insurance coverage on this facility on request. IN WITNESS WHEREOF the parties have set their hands the day and year first above written. CITY OF PORT ANGELES y D J c: `j PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY By Z 13.4rc ry Fa-;3 2, t A G R E E M E N T THIS AGREEMENT made and entered into this day of January, 1976, between the CITY OF PORT ANGELES, a munici- pal corporation, hereinafter called the "City," and the PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation, hereinafter called the "District," WITNESSETH: WHEREAS the changes being made by the City provided for under LID #198 require that all of the District's facilities on the west side of Peabody Street from the centerline of Park Avenue to the south margin of Ahlvers Road be set back and relocated; and WHEREAS the City has made plans for rebuilding and up- grading its facilities on the east side of Peabody Street; and WHEREAS the best interests of the customers of both the City and the District who are provided electrical service is best served both from the standpoint of a substantial savings in construction costs and from the standpoint of improved aesthetics by the construction of a joint overhead distribution facility on the west side of Peabody Street between Park Avenue and Ahlvers Road; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: 1. The City and the District will construct a joint overhead distribution facility on the west side of Peabody Street in Port Angeles, Washington from the centerline of Park Avenue to the south margin of Ahlvers Road as shown on a sketch of this distribution facility, marked Exhibit A, attached to this agreement and made a part thereof by reference. 2. The District will provide all of the poles necessary for said facility (being twenty -two in number) and the City will frame and set all of the poles. 3. Each of the parties shall be responsible for the transfer of its lines and equipment to the new facility at its own expense. 4. Ownership of the facility will be joint between the parties with each owning an equal share therein. 5. All rental payments for telephone and /or other utility contracts shall be made to the District and shall be the property of the District. 6. It is recognized by the parties that from time to time the system may be damaged in some way and further that poles and other portions of the facility will have to be replaced because of normal wear and tear. In the event of damage to a pole or the pole wearing out and requiring replacement, the pole will be furnished and replaced by the District. Each of the parties will pay the labor and equipment costs due to the replacing of its own facilities on this pole and for transfer costs to said pole. The replacing or repairing of any other portions of the system shall be at the expense of the party who owns that portion. In the event of any legal or court costs in connection with damages to any portion of the system other than the poles, these costs shall be borne equally by the parties. Any such costs in connection with damage to a pole shall be paid by the District. 7. In the event the area served by the facilities of the District involved in this agreement is annexed by the City and this results in the abandonment of the District's facilities covered by this agreement, the City will remove at its expense all of the district facilities no longer required. 2 8. In the event of a relocation of these facilities required by land development, new plats or customer's requests, the City shall be responsible for providing the necessary poles and labor costs for the installation of new poles and removal of old poles. Each of the parties shall be responsible for the transferring of their facilities to the new poles. 9. Both parties will carry liability insurance in an amount sufficient to protect against all claims for damages to persons or property arising out of the use of, or in any way in connection with, the joint facilities provided for in this agreement. Each party will advise the other as to its insurance coverage on this facility on request. IN WITNESS WHEREOF the parties have set their hands the day and year first above written. CITY OF PORT ANGELES BY PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY By 3) 4) en 1 s 2 1 y 3 00 MILL RD MAPL S m la PE AaUd G p 1� m -4 I CHASE ST 1 PEABODY ST 1 VINE ST 1 E C V fi JAN 21 1 '17 P• p. r ya. 1 A G R E E M E N T /'C ;7 C2, i3Oh0. /7i) THIS AGREEMENT made and entered into this day of January, 1976, between the CITY OF PORT ANGELES, a munici- pal corporation, hereinafter called the "City," and the PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY, a municipal corporation, hereinafter called the "District," WITNESSETH: WHEREAS the changes being made by the City provided for under LID #198 require that all of the District's facilities on the west side of Peabody Street from the centerline of Park Avenue to the south margin of Ahlvers Road be set back and relocated; and WHEREAS the City has made plans for rebuilding and up- grading its facilities on the east side of Peabody Street; and WHEREAS the best interests of the customers of both the City and the District who are provided electrical service is best served both from the standpoint of a substantial savings in construction costs and from the standpoint of improved aesthetics by the construction of a joint overhead distribution facility on the west side of Peabody Street between Park Avenue and Ahlvers Road; NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties agree as follows: 1. The City and the District will construct a joint overhead distribution facility on the west side of Peabody Street in Port Angeles, Washington from the centerline of Park Avenue to the south margin of Ahlvers Road as shown on a sketch of this distribution facility, marked Exhibit A, attached to this agreement and made a part thereof by reference. 2. The District will provide all of the poles necessary for said facility (being twenty -two in number) and the City will frame and set all of the poles. 3. Each of the parties shall be responsible for the transfer of its lines and equipment to the new facility at its own expense. 4. Ownership of the facility will be joint between the parties with each owning an equal share therein. 5. All rental payments for telephone and /or other utility contracts shall be made to the District and shall be the property of the District. 6. It is recognized by the parties that from time to time the system may be damaged in some way and further that poles and other portions of the facility will have to be replaced because of normal wear and tear. In the event of damage to a pole or the pole wearing out and requiring replacement, the pole will and replaced by the District. Each of pay the labor and equipment costs due to the replacing of its own, facilities on this pole and for ransfer costs to said pole. The replacing or repairing of any other portions of the system shall be at the expense df the-party who owns that portion. In the event of any legal or court costs in connection with damages to any portion of the system other than the poles, these costs shall be borne equally by the parties. Any such costs in connection with damage to a pole shall be paid by the District. 7. In the event the area served by the facilities of the District involved in this agreement is annexed by the City and this results in the abandonment of the District's facilities covered by this agreement, the City will remove at its expense all of the district facilities no longer required. 8. In the event of a relocation of these facilities required by land development, new plats or customer's requests, the City shall be responsible for providing the necessary poles and labor costs for the installation of new poles and removal of old poles. Each of the parties shall be responsible for the transferring of their facilities to the new poles. 9. Both parties will carry liability insurance in an amount sufficient to protect against all claims for damages to persons or property arising out of the use of, or in any way in connection with, the joint facilities provided for in this agreement. Each party will advise the other as to its insurance coverage on this facility on request. IN WITNESS WHEREOF the parties have set their hands the day and year first above written. CITY OF PORT ANGELES By J� PUBLIC UTILITY DISTRICT FOR CLALLAM COUNTY By 3 t ,_OLD MILL RD Q i 0) -4 1 MAPL ST PEABO REGENT ST ST 1 e t ~1 CHASE ST 4 1 PEABODY ST VINE ST CONTRACT OF SALE This Agreement made this /Z day of A /,-./r i4 1975, between PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, herein called "the District" and the CITY OF PORT ANGELES, hereinafter called "the City follows: VITNESSETH The parties therefore agree as follows: 1. The District hereby grants to the City the right to provide electric service to all present and future customers in the area described below and hereby sells and conveys to the City all District electric facilities in said area with the following exception: Both of the above parties are municipal corporations of the State of Washington. Both own and operate electric distribution systems. The area described below in which electric service is now furnished by the District has recently been annexed by the City which desires to provide the electric service therein. The District owns electric distribution facilities which can be used by the City in providing such service. Both parties recognize that it is essential to efficient operation and elimination of costly competition and duplication of facilities that there be only one electric utility serving this area. They have agreed that a fair price to be paid by the City to the District for all electric distribution facilities (except as specified below) of the District within the area referred to, together with the right to provide electric service to all present and future customers therein, is five times the total gross annual revenues derived by the District from customers in said area for the annual period last of record. By mutual agreement between the District and the City, the District shall continue to provide service to Del Hur, Inc., for an indefinite period of time. The area referred to is in Clallam County, Washington, and described as An area bounded by Lauridsen Boulevard on the North, "C" Street Extension" on the West, Highway 101 on the South and Bourchier or Newell Road on the East, located in Section 9, Township 30 North, Range 6 West, Willamette Meridian, and shown on the attached map. e its electrical facilities in the above described area up to the time of the District's March 18, 1975, meter readings. The City shall be entitled to collect and retain all revenues for service rendered after that time. In consideration of the foregoing agreement on the part of the District, the City agrees to pay the District $8,788.50, that being five times the annual revenue of the properties transferred to it by this agreement for the year last of record. Such consideration shall be due and payable at the time this contract is executed by both parties and an executed duplicate thereof delivered to each party. duly authorized officers the day and year first above written. ATTEST: IN WITNESS WHEREOF, the parties hereto have executed this contract by their Acting Secretary ATTEST: The District shall be entitled to collect and retain all revenues earned by 111 eL�I.G tY sL 6, City Clerk BY: PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY President Vice President CITY OF PORT ANGELES BY: z --L s- a Mayor r P 0 BOX 951 PORT ANGELES, WASH 98362 Phone 457 -3307 PWB_C UY Mr. Donald Herrman City Manager City of Port Angeles Port Angeles, Washington 98362 Dear Mr. Herrman: OF CLALLAM COUNTY December 5, 1967 Enclosed are three (3) copies of "Contract of Sale" covering the area North of East First Street between Alder Street and the Golf Course Road. The Contract shall be effective, in accordance with the terms thereof, upon receipt of a duly executed copy of the Contract and payment of the amount of $1474.80, as specified in the Contract. MDParrett /ls 3 Encls Copies of Contract Very truly yours, D. Parrett nager CLALLAM COUNTY LIVES BETTER Electrically M.D. Parrett, Manager BOARD OF COMMISSIONERS James Lotzgesell, President Alvin E Fletcher, Vice President Russell Bayton, Secretary X5 -4'1d99t/H P'%.81 13111 Y7 N Nit tO, c0 u w to w Y v ii i" O Ad 3X N3X y z 3 fl r lc t,.1.. A c t Din x W CONTRACT OF SALE This Agreement made this a/-d- day of December, 1967, between PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY, herein called "the District" and the CITY OF PORT ANGELES, hereinafter called "the City", W I T N E S S E T H: Both of the above parties are municipal corporations of the State of Washington. Both own and operate electric distribution systems. In the area described below, which is inside the City limits of Port Angeles, electric service has been furnished by the District and the City now desires to provide the electric service therein. The District owns electric distribution facilities which can be used by the City in providing such service. Both parties recognize that it is essential to efficient operation and elimination of costly competition and duplication of facilities that there be only one electric utility serving this area. They have agreed that a fair price to be paid by the City to the District for all electric distribution facilities of the District within the area referred to, together with the right to provide electric service to all present and future customers therein, is five (5) times the total gross annual revenues derived by the District from customers in said area for the annual period last of record. The parties therefore agree as follows: 1. The District hereby grants to the City the right to provide electric service to all present and future customers in the area described below and hereby sells and conveys to the City all District electric facilities in said area. The area referred to is all within the city limits of Port Angeles, Clallam County, Washington, and described as follows: The area north of East First Street between Alder Street and the Golf Course Road. (See Exhibit A). The District shall be entitled to collect and retain all revenues earned by its electrical facilities in the above described area up to the time of the District's December, 1967 meter readings. The City shall be entitled to collect and retain all revenues for service rendered after that time. In consideration of the foregoing agreements on the part of the District, the City agrees to pay the District $1474.80, that being five (5) times the annual revenue of the properties transferred to it by this Agreement for the year last of record. Such consideration shall be due and payable at the time this contract is executed by both parties and an executed duplicate thereof delivered to each party. IN WITNESS WHE3EOF, the parties hereto have executed this contract by their duly authoriz ed officers the day and year first above written. ATTEST: ATTEST: ,a,.P� t Secretary City Clerk By PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY CITY OF PORT ANGELES 'mayor r