HomeMy WebLinkAbout1996-163 Agrmt - PacifiCorp
PACIFICORP/CITY OF ASHLAND
~nt to Serve Fringe Area ClIStorTer -
Lallie NIonIero
This Agreement to Serve Fringe Area Customer (Agreement) is made betvveen
PacifiCap, doing business as Pacific Povver & Light Cof1l)any, an Oregon corporation
and the City d AstUoo , an Oregon rrunicipality (collectively '~he Parties" and individually
"Party").
In consideration of the promises contained in this Agreement, the Parties agree to the
following tenns and conditions:
1. Laurie fVIontero ("Customer') occupies prerrises located at 821 Grandview Rd,
.Ashland, Dragon. Customer is lceated 'v"vithin the electric service territoiy
exclusively designated and authorized to PacifiCorp by the Oregon Public Utility
Cormlssion ("OPUC").
2. The City of .Ashland agrees to provide electric service to Customer at the above--
referenced location in accord with its applicable tariffs, and PacifiCorp 'Nill permit
the City of .Ashland to do so in PacifiCorp's authorized service territory.
3. This Agreement is not intended to and does not establish any precedent for either
Party serving any other person in the electric service territory of the other Party or
for changing any boundary of the electric service territory of either Party. The City
of Ashland will not serve any other customers within PacifiCorp's electric service
territory without the express \Nritten agreement of PacifiCorp.
4. This Agreement will be binding on the Parties when both have executed it. This
Agreement will become effective when approved by the OPUC. This Agreement
is subject to all of the Parties' applicable tariffs and rate schedules on file and
authorized by the OPUC, and will at all times be subject to such changes or
modifications as the OPUC may direct from time to time in the exercise of its
jurisdiction.
5. Each Party will indermify and hold harmless the other Party, its officers, agents
and employees against all cost, loss, damage, expense and liability resulting from
injury to or death of any person, including but not linited to employees of the
Parties, or from destruction or damage to any property, including but not linited to
property of the Parties, arising out of or connected \Nith the perfonnance or non-
perfonnance of this Agreement, hovvever caused, including construction activities,
except when caused by the gross negligence or willful misconduct of the other
Party, its officers, agents or employees. Each Party will, at its expense and on the
other Party's request, defend any suit or other action asserting a claim covered by
this indermity. Each Party will pay any cost that may be incurred by the other
Party in enforcing this indermity, including reasonable attomeys' fees.
6. This Agreerrent may be termnated in either of the following ways:
a. If Customer gives the City of Ashland notice that Customer no longer
Vv'ishes to be served by the City of Ashland, then this Agreement Vv'ill
terminate Vllhen such service from the City of Ashland terminates; or
b. On six-rronths VvTitten notice to the City of Ashland ("City"), PacifiCorp may
tenninate this Agreerrent and the City shall no longer serve Customer. In
the event of termination under this subparagraph b, Pacificorp shall
purchase those City facilities within PacifiCorp's authorized electric service
territory used exdusively to serve the Customer, together with all facilities
that become no longer useful to the City as a result of the tennination of this
Agreement upon paying the City (i) tvvo times the City's gross annual
revenue from Custorrer, plus (ii) reasonable physicai separation costs, if
any. PacifiCorp shall thereafter serve Customer from PacifiCorp's facilities
and shall not utilize the City of Ashland's facilities for such service.
PACIFICORP
I
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By ;jL-< Lr
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City eX Ashland
By
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