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HomeMy WebLinkAbout4.4 Amendment (2)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 February 1, 1966 and ending December 31, 1970: 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 or less per month $150.00 per month All over 100,000 cubic feet per month at 72 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 Distr "ict 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, 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 r 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 in- curred in defending against such claims. The City agrees to use reasonable diligence to furnish un- interrupted 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 ,,rc(, day of P J ATTEST: Mayor &A' .7)2tJ 72_e City Clerk Secreta Rc .4 1966. CITY OF PORT ANGELES ke,i= President PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY t WHOLESALE WATER CONTRACT 1 THIS AGREEMENT', made and entered into by and between the CITY' 'flF PORT ANGELES, a municipal corporation, hereinafter calledthe_City,,, and PUBLIC UTILITY DISTRICT N0. 1 OF CLALLAM COUNTY,' a municipal'corporatioti,, 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 td. extend the sale of water by'the City to the District for a period'commencing February 1, 1966,.' ,•and ending December 31,'1970; THEREFORE 'the City agrees, at the rate hereinafter fixed, to deliver and sell to the District at the present service connection, the wholes water requirements of the'District at the following.rates: First 100,000 cubic feet or' less per month $150.00 per;montsh' ,All over 400,000 'cubic feet per month at per, 100 cubic feet The point of delivery shall'be at the present'service connection o 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 for customers of the areas served, by said District East'Of the City of Port Angeles, and none 1 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, and it is agreed that neither party will compete with'the o'ther'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't's 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 l hatsoever K 4 resulting directly -or indirectly' from the use thereof of the District or 'w ATTEST: 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 in- curred in defending against such claims. The City agrees to use reasonable diligence to furnish un- interrupted 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 3y day of /4,0 QG; g 1966. 727,, ATTEST: City Clerk CITY OF PORT ANGELES Mayor PUBLIC UTILITY DISTRICT NO. 1 O CLALLAM COUNTY rj President 'and, ending 'December.31,'1970,. ,WHOLESALE 'WATER CONTRACT..' THIS AGREEMENT', made and entered into by and between the CITY• PORT ANGELES,' a municipal' 'corporation,, 'here called `:the 'City, and PUBLIC UTILIT DISTRICT. NO. 1; Y' TO. OF•'CLALLAM COUNTY,` a municipal 'corporation, ''hereinafter called the District, ,t4' I T'N E S,'S'E T Ht 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 February, 1;'',1966,`, 'THEREFORE the City agrees, at 'the -rate hereinafter' fixed deliver and'sell to the District at, the present service connection',. the'wholesale requirements. of the'District at the following.rates :.fir t Firs cubic feet' or less per month, $150...00 per,, month 1, over cubic feet per month at 7?4''per, 100 cubic feet; The point of :delivery shall be at ,the present service connection and the District nd the amount of water" to .be o delivered- by' City ,and' purchased by the District .shall' be limited'; to °55,000. Cubic per; day, which amount' will'••,be. receivable •through' the present service;•connect,ion, t I. r• .I i t fi The water'. purchased' by' the'District 'shall••be•for'customer's-,of rthe h� k areas served', by said Dis East of the City of Port Angeles, and non of s 1 st by the City, and it is agreed' that',neither party will 'compete with the 1 other'rin' the sale of'w „the areas now serviced by said water shall be used :or, sold „for• use, of premises or in areas for which service has been established from the .water `systetn'now: operated V It .s further agreed that if, during ,the ter m of this 'Contract; 'the' District should reduce the water rates to''its customer served with water 4 purchased from the,'City,thia'Contract may be immediately re,- negotiated. All 'water, `'supplied under this'- contract it passes' the point' of delivery shall be the property of the Dis ,rift and the,_ City shall” not r be;.l.iable for any loss or ama e''to'an ersbn.or Y d g y'''p, property whatsoever, •t resulting direct, or indi 1y' h t' is the t •1 g y' r r t from thereof of•'the Distrct,or .1`:, f?,; S L 1 e t i t •J ATTEST: its customers, and the District agrees t� 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:,in- curred in defending against suchclaims. :The City agrees to use reasonable diligence to furnish un- interrupted service but shall not be liable for any interruptions caused by strikes or any'other labor disputes, accidents, or acts 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, amount of said bill will' be added to the amount due. DATED this .grcl day of /a_C 1966: ATTEST 74 4-, i S '_ty Clerk CITY OF PORT ANGELES 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 ir r WHOLESALE MATER CONTRACT TB'S AGREEMENT, made and entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the City, and PUBLIC UTILITY DISTRICT TO. 1 OP CLALLAN COUNTY, a municipal corporation, hereinafter called the Dis- trict, W I T N E S S E T B s TUT WHEREAS, there has been in existence between the City and the District a wholesale water contract, and the parties hereto desire to cantinue said contractual relation- ship and to extend the sal of water by the City to the Dis- trict for a period commencing February 1, 1966 and ending De- cember 31, 1970; NOW, TI1EREFORr, the City agrees, at the rate hereinafter fixed, to delivers and sell to the District at the present sor vice connection the wholesale water requirements of the Dis- trict at the following rates: Pirat 100,000 cubic feet or less, X150.00 PPC4 )14 0' ,414 All over 100,000 cubic feet at 7 ;t per 100 cubic feet Peg tb p,y` 6 The point of delivery shall be at the prevent service connection of the District, and the amount of water to be de- livered by the City and purchased by the District shall be linited to 55,000 cubic feet per day, which amount will be re- ceivable through the present service connection. The water purchased by the District shall be for real- e -L r dents of the areae 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 es- tablished from the water rtystem 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. Xt is further agreed that thee. District will at no tine charge their water customers less than the City of Port Angeles charges their water customers. The District's present rate for its users shall not be lowered and in the event it is lowered, thi© contract shall be immediately re- negotiated. All water supplied under this contract after it passes the point of delivery sha ll be the property of the District and the City shall not be liable for any loss or damage to any person or property whatsoever =milting directly or in- directly 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 th City, including gll fees, costs, expense a and attorney fens in- curred in defending against ouch claims The City agrees to use seasonable diligence to furnish uninterrupted service but shall, not be liable for any inter- ruptions caused by strikes or any other labor disputes, acci- dents, or acts of Cod, or any cause beyond the control of the City, or by the necessity for making ropaira or changes in the pipeline or other facilities, and the District waives and sh 1 not assert any claims against the City for damages to the Dis- trict caused by any suspension, interruption, failure or cur- tailment of service under this agreement. It is further specifically agreed that billings for ser- vices 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 pay- ment. Provided, however, if payment in full is not made on or before the close of business of the fortieth day after the due data of the bill, a delayed charge of two per cent (2%) o the unpaid amount of said bill will be added to the amount due. DATED this claiday of Attest: 1 /3 Attest: 5 City Clerk Secretary CITY OF PORT ANGELES Mayor 4 President 1966. PUPLZC UTILITY DISTRICT NO. 1 OF CW LA!1 COUNTY