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HomeMy WebLinkAbout4.4 Amendment (3)1 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 WO. 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 PITS tec: 3/ 76 January 1,-xsal and ending 111*. 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; o.7.-D/roo �47/„�, First 100,000 cubic feet per month or less, $200.00 per month. p¢I,,, cp bl/ ?D 11 over 100,000 cubic feet per month at 80 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. 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 has been established from the water Page One NT 4 .1 claims. Page 2 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 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. ATTEST: DATED this 2nd day of March, 1971. ,6? m_.„ c,)(2 t,„„/ City Clerk ATTEST: °;•Y Secretary CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY Page 3 President Vice-Preside0//7 month. 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, 1971 and ending December 31, 1974. 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 for the first two year period: First 100,000 cubic feet or less per month $175.00 per All over 100,000 cubic feet per month at 7 3 /*per 100 cubic feet. For the second two year period:. First 100,000 cubic feet per month or less, $200.00 per month. All over 100,000 cubic feet per month at 84 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. The water purchased by the District shall be for customers of the areas served b:' said District East of the City of Port Angeles, and none of said wate shall be used or sold for use•of premises or in areas for which se; -vice has been established from the water Page One 1' 4 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. Page 2 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. ATTEST: ht„ P cry Q City Clerk ATTEST: "Secretary DATED this 2nd day of March, 1971. CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 OP CLALLAM COUNTY Page 3 ,,Q GJ, ,11,_- Mayor President l Vice- Preside/.1 TUIS AGREEFIEUT, made and entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the City, and puamc UTILITY DISTRICT NO, 1 OF CLALLAN COUNTY, a municipol corporation, hereinafter called the District,WITNESSET H: THAT WHERL3AS, there has been in existence between the City and the District a wholesale water contract, and the parties hereto desire to continue said comtractual relationship and to extend the s le *f water by the City to the District for a period commencing January 1, 1971 and ending Decenber 31, 1974. HOW, THEREFOM, the City agrees, at the rate hereinafter fixed to deliver and sell to the District at the present eervica connection the wholesale water requirements of the District at th following rates for the first two year period: First 100,000 cubic feet or less per month $175.00 per month. 'All over 100,000 cubic feet per month at 7 3/4per 100 cubic feet. For the second two year period: First 100,000 cubic feet per month or less, $200.00 per mo th. A11 over 100,000 cubic feet per month at 00 per 100 cubic feet. WHOLESALE WATER CONTRACT The point of delivery shall be at the present service connection of the District, and the amount of water to be delivered by the =ty 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. The water purchneed by the District shall be for customers of the are served by said District East of the City of rort Angeles, and none of said water shall be used or sold for use of premises or in aranz for which service 11E0 been ectablished from the water Page One 7 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 At 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 agree 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, expenoos 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 repair o or changes in the pipeline or other facilities, and the District waives and :shall not assert any clairs against the City for damages to the District caused by any suspenoion, 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 Diatrict fails to receive a monthly bill, such failure shall not release the District fr.m 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 Page 2 amount due. ATTEST: ATTEST City Clerk DATED this 2nd day of March, 1971. CITY OF PORT ANGELES .17-2-97,44 PUBLIC UTILITY DISTRICT NO 1 OF CLALLAM COUNTY President Vice Page 3