HomeMy WebLinkAbout1995-104 Agrmt - Pacific Gas CoAugust 9, 1995
Barbara Christensen, City Recorder
Steven Hall, Public Works Director~
PGT Water Agreement
Attached isanoriginal of the contract to sell reclaimed waterto Pacific Gas
Transmission Company for your files.
Enc: PGT Agreement
(c:\pw\pg~Nater .va~m)
AGRF-~MENT FOR PURCHASE OF CITY OF ASHLAND RECLAIMED WATER
Customer: Pacific Gas Transmission
Company
Address: 48 Hawthorne Street
Medford, OR 97504
~[1: Cost per 1,000 gallons: $ 4.21
Date of agreement:
¶2: Beginning date:
.Iuly3_.[~, 1995
August 6, 1995
October 30, 1995
AGREEMENT made the date set forth above between the City of Ashland, Oregon (City)
and Customer named above.
City and Customer agree:
1. Water Sale: City shall allow Customer to use City's reclaimed water for dust control
necessary for Customer's 1995 Construction Program. Customer shall pay to City the mount
per 1000 gallons listed above. Customer shall file and maintain all water right cexti_qcates,
permits or licenses to appropriate the water used by Customer under this agreement. Customer
shall pay any fees required for such certificate, permit license and shall obtain and pay for any
other permit necessary for use of the water allocated under this agreement.
2. Term: The term of this agreement shall commence and end on the dates set forth above
unless it is sooner terminated as provided elsewhere in this agreement.
3. Purchase and Diversion of Water.
3.1. Customer agrees to pay the sum specified in paragraph 1 within 10 days of the end
of each month of this agreement. Interest shall accrue on late payments at the rate of eighteen
percent per annum commencing ten days after the termination of this agreement.
3.2. The Customer shall be wholly responsible for taking, diverting, conveying and
utilizing its water and shall bear all losses from the point where rel~ed by the City.
3.3. The Customer shall divert the water it is entitled to receive under this contract in
accordance with schedules developed by the Customer and the City. Customer shall give at least
four days notice prior to its use of the water. The location of the diversion shall be mxlot
391E4BB200, City of Ashland.
3.4. The water shall be used by Customer for dust control pm-poses only and only on
the property described in the certificate, permit or license. Under no circumstances shall any
of the water be used or become appurtenant to any other property or other purpose or other than
in accordance with the certificate, permit or license.
4. Ouali _t? a~d Ouuntity of Water.
4. I. No liability shall accrue against the City arising by reason of shortages in the
quantity of water available or interruptions in water deliveries to the Customer resulting from
hostile diversion, an accident to or failure of City facilities or from any cause beyond City's
control, including, without limitation, war or acts of God.
4.2. Customer shall keep a daily log of all water taken and submit such log to City when
requested.
4.3. The City does not warrant the quality of water and is under no obligation to con-
struct or furnish water treatment facilities to maintain or better the quality of water. The water
sold under this agreement is sold AS IS and there exists NO WARRANTY OF
M~.RCHANTABILITY, IMPLIED OR OT~q~RWISE, AND NO WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, IMPLIED OR OTIq~RWISE. There are no warranties
which extend beyond the face hereof.
5. Indemnification: Customer agrees to defend, indenmify and save City, its officers,
employees and agents harmless from any and all losses, claims, actions, including enforcement
actions by governmental agencies, costs, expenses, judgments, subrogations, or other damages
resulting from injury to any person (including injury resulting in death,) or damage (including
loss or destruction) to property, of whatsoever nature arising out of or incident to the
performance of this agreement by Customer (including but not limited to, Customer's
employees, agents, and others designated by Customer to perform work or sen, ices attendant
to this agreement).Customer shall not be held responsible for damages caused by the
negligence of City.
6. Default: Time is of the essence of this agreement. There shall be a default under this
agreement If either party fails to perform any act or obligation required of that party by this
agreement within ten days after the other party gives written notice specifying the nature of the
breach with reasonable particularity. If the breach specified in the notice is of such a nature tlmt
it cannot be completely performed within the ten day period, no default shall occur if the party
receiving the notice begins performance of the act or obligation within the thirty day period and
thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as
practicable, ff substantially the same breach for which notice was given recurs within one
month, the party injured by such breach may declare a default by giving written notice to the
other party specifying the nature of the breach.
7. Remedies: If a default occurs, the party damaged by the default may elect to terminate this
agreement and pursue any equitable or legal rights and remedies available under Oregon law.
8. Assi~mment: Customer may not assign or subcontract its fights or obligations under this
agreement without the written consent of City.
CUS 0 : .
p ac ~ ~iOcM~a s Tr ~ansmisslfm
Its ~dnd Supervisor
BY
Its
Fed. ID#~ 94-1512922
City of Ashland, Oregon
' vw,
City
R~V~D AS TO PO~
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