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HomeMy WebLinkAbout4.4 AmendmentWHOLESALE WATER CONTRACT THIS AGREEI4ENT made and entered into by and between the CITY OF PORT ANGELES, a municipal corporation, hereinafter called the City, and PUBLIC UTILITY DISTRICT 00 1 OF CLALLAM COUNTY, 4 municipal corporation, hereinafter called the District, W ITNESSET H: THAT WHEREAS, there is now in existence between the City and the District a wholesale water contract and the parties hereto desire to terminate said contract as of the day of January 1965, and to extend the sale of water by the City to the District for a period of one (1) year from and after January 1965, 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 reguirementsrof the District at the following rates: First 100,000 cubic feet or less A11 over 100,000 cubic feet at 60 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 recei- vable through the present service connection. The water purchased by the District shall be for residents 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 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 the District t no time, charge a.- their water customQrs" than thA City o ort Angeles chargoe their water cuutomero. All water pp 1i6 under this contract after it p es the point of delivery shall be tha property of the District an6 the City shall not he liable fur any Azlis or dnmage to any perHon or propovy i6atsoevo. resulting directly or indirectly from the use thereof og the District or it customers, and the District agrees to indemnify the City for and save it harmless frola all loss or damage wnich the City may suffer or incur by reason of the assertion or. aay aucn claim against the City including all foes, costs, anponsos, and attorney fees incurred in defending agaiLet ouch clairis. The City agrees to use reasonable diligence to furnish unintareupted se& but Shall not ha liable or any inter- ruptiono caused by strike or any other labor disputes, accidents, or 41CitS OZ God, or any cause beyond the centre/ of kaw City, or by the necessity for raking repairsor changes in the pipe line or other facilities, and the Dl;r waives and shall not assert any claials againut the City for damages to the District cams rt; by any suspension, interruption failure or curtailment of service under this agreement. It is further specifica11 7 agreed that billingo f3r services rendered shall be paid by the aistrict monthly, and in tho want the District fails to receive a monthly bill, such failure shall not release the Di trict from liability kog payment. Provid-d, howeve27 if payment in full ix not ado oa or before the close of business of the go; del after the dee date of thc? bill a delayed charge of 2 of .the unpaid amount of said, bill will be aeded to the amount duo. 1 ATTLST: Ci ATTESTa DATED this (R/ day o ?01 1965. r Clerk CITY OF PORT ANGELES PUBLIC UTILITY DISTRICT NO. 1 OP CLALLAM COUNTY :2(7 Presicien