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
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4
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claims.
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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
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