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Public Utilities District No 1 Joint Underground Project AgreementJOINT UNDERGROUND PROJECT AGREEMENT THIS IS AN AGREEMENT made this 26th day of November 19 80 , by and between the PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, a Municipal Corporation, hereinafter referred to as "the District" and the CITY OF EDMONDS, a Municipal Corporation, hereinafter referred to as "the governmental unit", for conversion from overhead to underground of the District's electrical facilities in the vicinity of Dayton Street and Admiral Way, Edmonds, Washington, situated within said governmental unit. W I T N E S S E T H: WHEREAS, on March 4, 1975, the Commission of the District adopted Resolution No. 1977 establishing a revised policy of converting overhead electric distribution facilities to underground and installing new underground electric facilities in certain situations on a cost -sharing basis with governmental units; WHEREAS, by Resolution No. 1994, the Commission of the District has authorized the manager of the District to enter into appropriate agreements with governmental units for the above projects and purposes; and WHEREAS, pursuant to the undergrounding program set forth in Resolution No. 1977, there is currently available from the District the sum of $70,561.99 for underground projects of the abovenamed governmental unit; and WHEREAS, said governmental unit has determined and designated an under- ground project pursuant to Resolution No. 1977, and has submitted a description of said project to the District for review and analysis, a copy of the same being attached hereto as Exhibit "A" and by this reference incorporated herein; and WHEREAS, the District has reviewed said Exhibit "A", determined said project to be technically and economically feasible and has estimated the costs of such project to be $139,071.00; NOW, THEREFORE, the parties agree as follows: 1. Costs of Project. The estimated cost of the project is $139,071.00 as set forth in Exhibit "B" attached hereto and made a part hereof. Of this amount, the District will pay or assume responsibility for one-half the actual costs of the project as determined by the District, but not to exceed $70,561.99, the amount currently available to the governmental unit from the District. The governmental unit shall be responsible for the balance of the project costs. It is expressly understood that in paying for its share of the project costs as above set forth, 85-S-1 (Rev. 5/9/75) the governmental unit is acquiring ownership of any ornamental street light standards. 2. Payment by Governmental Unit. Of the project costs to be paid by the governmental unit under Paragraph 1 above, the governmental unit shall pay to the District upon execution of this agreement one-half of the amount due from the governmental unit under Paragraph 1 above. The balance remaining shall be due and payable upon completion of the project work by the District. 3. Duties of District. Pursuant to this agreement, the District agrees to perforiii or cause to be performed the following: (a) Engineering. All of the engineering services reasonably required in connection with the design, construction and installation of the project described in Exhibit "A". A copy of the preliminary engineering specifications prepared by the District is attached as Exhibit "C" hereto and by the reference incorporated herein. (b) Labor. All of the labor involved in said project. (c) Materials. Furnish all materials required, subject to the availability of said materials. (d) Removal of Existing Overhead. Remove any existing overhead electrical distribution system as soon as reasonably practical and after the governmental unit has provided the District with satisfactory evidence of its performance of all terms and conditions set forth herein. (e) Quality of Work. The District agrees that it will per- form all work in a good and workmanlike manner following standard utility practices and complying with all State and Federal regulations pertaining to the District and the facilities. (f) Contracting. The District reserves the right to contract any part of or all of the work. In the event of contracting, the District agrees to assume responsibility for the work performed by said contractor to the same extent as though the District had performed said work with its own forces. 4. Duties of Governmental Unit. In addition to paying the sums set forth in Paragraphs 1 and 2 above, the governmental unit agrees that it shall have 85-S-1 -2- (Rev. 5/9/75) the following duties, obligations and responsibilities: (a) Access. The governmental unit shall be reponsible for providing appropriate access and easements for all lands upon which any of the work under this agreement is to be performed. In the event the design of the project shall require the placement of pedestals, transformer vaults or other facilities upon lands owned by private property owners, the governmental unit assumes responsibility; provided, however, that the District shall first attempt to obtain the appropriate easements from said private property owners. In the event any private property owner refuses to execute an easement requested by the District, the governmental unit shall be responsible for obtaining an appropriate easement as to said property. If the governmental unit is unable to obtain such an easement through negotiation or condemnation, the govern- mental unit shall have the further right to provide compa- rable public right-of-way property, suitable to the District for the placement of such pedestals, transformer vaults and other facilities. In the event the governmental unit is unable to provide appropriate and adequate access and other property rights required to complete the project, the District shall have the option of canceling this agreement. Except for access on public property owned by said govern- mental unit, the District shall own and maintain all easements and the underground system. The District shall be named as Grantee on all easements. (b) Existing Utilities and Obstructions. The governmental unit shall notify the District of all existing utility and other obstructions owned by the governmental unit within the area of the proposed project. The governmental unit shall make avail- able to the District all of its "as-builts" utility plans and diagrams which affect the project. The governmental unit agrees that the District shall not be liable for damage to any of its underground utilities or other obstructions unless said govern- mental unit has specifically notified the District in writing of 85- S -1 -3- (Rev.5/9/75) the location of such utilities and obstructions. The governmental unit shall arrange with other utilities for the removal of their conductors, attach- ments and other appurtenances, if any, from the District's poles and shall notify the District in writing of such arrangements. (c) Final Grade and Property Lines. The governmental unit shall provide the final grade and stake the location of all property lines. (d) Service to Existing Property Owners. The governmental unit shall have the express responsibility for the pro- vision of proper service hook-ups by all adjoining property owners who are affected by the project. The governmental unit shall notify the District in writing that all affected property owners have agreed to and are committed to underground service, and have made appropriate and responsible arrangements for the connection of their respective services to the underground system anticipated in Exhibits "A", "B", and "C" hereto. The governmental unit agrees that it shall expedite any inspection duties required of it before service can be connected; and it further agrees to plan, develop and coordinate such in- spection work and approval so as not to delay the con- struction of the project after work has commenced. (e) Legal Responsibility of Governmental Unit. Pursuant to Paragraph 7 of District Resolution No. 1977, the govern- mental unit agrees that it has full legal and political responsibility and authority for its decisions concerning the underground conversion project covered by this agree- ment and, further, specifically agrees to hold harmless and indemnify the District from any and all liability resulting from the decision(s) of said governmental unit. Included in the responsibilities specifically assumed by the governmental unit pursuant to this agreement are the following: Providing directly, or indirectly through 85-S-1 -4- (Rev. 5/9/75) others, governmental units share of the project costs as provided in Paragraphs 1 and 2 above; compliance with all ecological and environmental laws and procedures; com- pliance with all due process and statutory procedures in making the conversion project decision; written notification that all property owners within the under- ground service area are committed to or are legally required to accept such underground service including the placements underground of their individual overhead services on private property within 90 days of energi- zation of the underground system; enactment of appropriate ordinances authorizing the conversion project and related expenditures; coordination with all utilities affected by the underground project including written notification to the District that 'all utilities with existing overhead, cable television or other utility facilities have committed themselves to place their facilities underground. (f) Permits and Fees Waived. The governmental unit hereby waives any requirements concerning fees normally required by said governmental unit for such project to be ac- complished under the agreement. Such waiver of fees shall not apply to any work which is not anticipated by the project as set forth in Exhibits "A", "B", and "C" attached hereto. The District shall comply with all requirements of City ordinances concerning working in City rights -of -way. 5. Secondary Service. The District shall install underground secondary service conductors in accord with the District's established secondary service limitations and policies, from an appropriate pedestal or transformer vault to the structure on private property; except, however, the costs of any excess service conductor and all required trenching, backfilling and ducts shall be provided by the governmental unit directly, or indirectly through others. The pedestals or vaults shall be included as part of the project costs as set forth in Paragraph 1 and Exhibit "B" hereto. The District shall not be responsible for the costs associated with the adaptation for the underground service of any existing service entrance of a structure situated within the project. The District 85-S-1 -5- (Rev. 5/9/75) shall own and maintain all secondary services. 6. Ownership. The District shall own, operate and maintain the underground distribution system installed pursuant to this agreement. Upon energization of the system, the ornamental street light standards installed by the District shall be owned by the governmental unit. 7. Reasonable Diligence. The District agrees to use reasonable diligence in performing all of the work required herein and meeting all other obligations set forth herein. However, the District shall not be liable for any delay in the performance of its work which results from circumstances beyond its reasonable control including acts of God, strikes, unavailability of materials, or delay of delivery of materials, governmental intervention, court proceedings, and other circumstances. 8. District Expenses if Project Not Completed. In the event the project described in Exhibits "A", "B", and "C" attached hereto is not completed for any reason, the governmental unit agrees that half of any and all monies ex- pended by the District including costs of preliminary engineering shall be paid to the District by the governmental unit and half shall be charged against the amount available to the governmental unit for undergrounding as set forth in the introductory paragraphs hereto. 9. Paragraph Headings. The paragraph headings used in this agreement are for the convenience and reference of the parties hereto. Said paragraph headings shall not be construed to limit or otherwise affect the substantive pro- visions of any paragraph. Dated this 26th GOVERNMENTAL UNIT CITY OF EDMONDS day of 85-S-1 -6- (Rev. 5/9/75) November • '1 PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY By: M Hager IN, 'tro r it fJ .:' /• DAY Tot.:, Z--T Lac, r_riD PoLES To 13F_ REMON,•EA SwcrcH TRA-iJsFa.Er"E-C, PAD (U•G.) STr,SET LIGHTS P►Zo.Pow'-D U.G. PRImAP-Y EXHIBITS "A & C" PUBLIC UTILITY DISTRICT NO. 1 SNOHOMISH COUNTY --- EVERETT. WN- DRAWN CHEK'D APPROVED SCALE I DATE EXHIBIT "B" CITY OF EDMONDS UNDERGROUND CONVERSION DAYTON STREET E ADMIRAL WAY ESTIMATED PROJECT COST Labor S Material Stores 6 Transportation Engineering & Design Contract Trenching Administration & Supervision a 5% of the above TOTAL S 81,390.00 14,14o.00 2,9o4.00 34,015.00 6,622.00 $ 139,071.00 EASEMENT FOR UNDERGROUND ' THIS INDENTURE, rrrade this ... .. . ..... . day of. .. .... ....... . . A D 19 be weet,. . ... City. of .Edmgnds., . a. municipal corporation. . . . .... o .. .. - here natter called the -Grantor, party of the first part, PUBLIC UTILITY DISTRICT NO. 1 of SNOHOMISH COUNTY and General ....... . one Company of. the Xgrthte4tafter called the Grantee, party of the second part, and • . • • • .... • . • • • . • . • ...... .. .. , , hereinafter called the Mortgagee, party of the th.rd part, WITNESSETH: That the Grantor, for and in consideration of the sum of. . oft~ and .z1000 . , . ... , . Dollars ($1,0.0 . ........... ) and other valuable considerations, receipt of wh ch is hereby acknowledged, hereby convey, ar.d erants to the Grantee its successors and as igns and its permittees and licensees the right, pr vilege, noel authority to construct, rrect alter, improve, repair, operate and maintain an underground electric transmis— anr! distril,uuon Ime, consisting of transmission and distribution wires, transformers, pedestals, telephone com— mllnicnt.ion wires, and other necessary or convenient appurtenances, across, under and upon the following described lands and prem es situated in the County of. ...... .. Snohomish ... .. ....... .... State of Washington, To -wit: The northwest nuarter of the southwest quarter of the southeast quarter of the southeast quarter of Section 24, Township 27 North, Range 5 East, W.M. The center line of said transmission and distribution line to be located as follows: As now staked and located or as hereafter may be relocated or extended by mutual consent of the parties hereto. Together with the right of ingress to and egress from said lands across adjacent lands of the Grantor, for the purpose of constructing, reconstructing, repairing, renewing, altering, changing, patrolling and operating said line, and the right at any time to remove said underground wires and appurtenances from said lands. Also the right at all times to cut all brush and Limb r, and trim all trees standing or growing upon said lands which, n the opinion of the Crantee, constitute a menace or danger to said line. The Grantor and the heirs, successors or assigns of Grantor covenant andagree not todo any blasting ordischarge any explosive within a distance of three hundred (300) feet of said line without giving reasonable notice in writing to the Grantee, its successors or assigns, of intention so to do. The right.,, title, privileges and authorityhereby grantedshall continueto bein forceuntil suchtime as th. Grantee, its successors, or assigns shall permanently remove said underground wires and appurtenances from said lands or shall ther Disc• Iermanently abandon said line, at which'time all such rights, t tle privileges and authority hereby granted shall terminate Any mortgage on said lane] held by the Mortgagee is hereby subordinated to the rights herein granted to the Grantee, but in all other respects the said mortgage shall remain unimpared. In WITNESS WHEREOF, this instrument has been executed the d-y and year first above written: .. . . ....... .......... .... ....... STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this 281,1' day of Apri l -., 1972, before me, the undersigned, Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared H. H. Harrison and -Irene Varney Moran to me known to be Mayor and City Clerk, respectively of the CITY OF EDMONDS, the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington, residing at_• COUNTY OF J On this ........................... day of ----------------------------- A. D., 19.....-, before me personally appeared ................... ..-............. ........ __ . to me known to be the -------------------- President, and------....-......-...----.----..------..-.----------------------, to me known to be the .................... Secretary, of the corporation that executed the within and foregoing instrument, and each acknowledged that said in- strument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that they were authorized to execute said instrument, and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. ---- ----------- --- - --- - -- - ---- -- - - -- - ------------------------------- ........... ........ - NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT � a s a 9 i f 0 z D r N D A O i Z m SE %4 s ._Z. 24, TLUP. 2r7 Ki., fZCaa. 3 E , �L1.M. to or�`rro IJ U a pP.1JPE2T`!: C IT`r OF EDMOI.IDS �I F- U M4PLE J 0 Q(o4ELo4 15E4SE4 i E aL^� lZ �aDc20k LOC. or= uq. ALE. I"� 20Q' I0ALIJ UT f(, EXCEPTlow 9� WORK SKETCH UU- 2096 L11JDE2.GIzquf.1D SE.2vICE To `(OAT MEMO[Z.IAL PQ21L SEC. 24, 7-WP. 27 W.) 2(:--E 3 a,, L&M , 1 PUBLIC UTILITY DISTRICT NO- 1 OF SNOHOMISH COUNTY -- EVERETT, WN. DRAWN DATE APPROVED DRAWING %ti16 4-20-92 ✓`/O--L ! '. A -H 55 D Mm 0 N B S The Gein of Puget Sound M RAY V. CLOUD Edmonds Tribune - Review Press The Dena of Puget Soule A History of the City of Edmonds By RAY V. CLOUD because its proposed increases :n rates were not granted by the S Department of Transportation. Gaylord Holbrook immediately p . into service his 30-foot cruiser for emergency passenger transportatiah between Edmonds and Kingston. Both Edmonds ferry routes were resumed on March 9, however,'. when the Snohomish county ccmn,issioners operated the ferries under i lease. The Kingston route again was discontinued on March 27 he• .' cause the Kitsap county commissioners failed to sign a lease agreement; but the Jefferson county commissioners took over the operation of the _ Edmonds -Port Ludlow route from Snohomish county and it was can, tinued in operation. On March 29 George Bacon announced operation of four round trips daily between Edmonds and Kingston with the 25-passenger launch ,Dolphin, but continued the operation only a short time, TMe regular Kingston ferry resumed operation in June when a lease arrange, ment was consummated with the Kingston Port Commission. As an experiment, a 10 per cent reduction in fares was put into effect on ali ferry lines during July, 1948, Orville Tangerose, Iocal ferry agent, announced. In June, 1950, ferry service was begun across Hood Canal between Lofall and South Point, and the Port Ludlow route was dis- continued, all ferry traffic through Edmonds going by way of King, ston. The Snohomish County P.U.D. commissioners in August, 1948, authorized condemnation proceedings to acquire the distributing system of the Puget Sound Power and Light Company in Snohomish county, but the following June a purchase was negotiated, without court pro- ceedings, for the power company's Snohomish county and Camano Island properties at a price of $16,000,000 plus additions since the first of the year. The P.U.D. had rejected a condemnation price of $9,500,000 set by a jury in -February, 1942. Erection of a new power substation at Edmonds was announced in November, 1949. In September, 1948, the Union Oil Company announced the ap- pointment of K. B. Bailey from Portland as superintendent of its. Edmonds terminal. E. R. Scott, secretary,manager of the Quality Shingle Company,. was elected president of the Northwest Red Cedar Shingle -Bureau in January, 1949. In March, 1949, Ralph E. Gillett, president of Ridd Laboratories,, manufacturers of pharmaceutical products with a plant on the Edmonds waterfront, received a Certificatz of Merit from the New York Mu- seum of Science and industry. The Edmonds depot was closed during a strike of Great Northern switchmen in July, 1950. Operations of the railroad were reduced to a minimum and no trains were stopping at Edmonds. Most of the Edmonds mail was brought by truck from Seattle. The Union Oil Company in July announced plans for the erection of a $1,000,000 asphalt refinery at Edmonds. An asphalt plant already was in operation by the Standard Oil Company at Point Wells, on the former Shell Oil Company tank site. 178 ro" March 16, 1998 Lynne Hann Deputy City Clerk City of Edmonds 121 5"' Ave N. Edmonds, WA 98020 Dear Lynne: 2320 California Street • Everett, WA • 98201 • (206) 258-8211 Mailing Address. P. O. Box 1107 • Everett, WA • 98206-1107 I am responding to your faxed request dated 2/12/98 that was received by Sylvia Henderson and forwarded to me for completion on 2/18/98. We had a phone conversation on the 3`d regarding the status of my review. I have now completed my review of District records and located microfilm copies of our agreements on acquisitions. I am enclosing a copy from microfilm of the Agreement of Purchase and Sale between the PUD and Puget Sound Power & Light, dated 6/17/49. I am including three pages from our resolution index for the years 1948 and 1949 that reference action items with Puget Sound Power & Light Company. I am sending copies from microfilm of Resolutions, 150, 156, 159, 160, and 161 for your review. I hope this satisfies your request. If you have additional questions or requests, please contact me for assistance. Sincerely, Darlene M. Curtice, CRM Public Records Officer Records Manager Direct phone: (425) 258-8682 Direct fax: (425) 267-6014 Dmcurtice@siiopud.com Enclosures A provider of quality water, power and service at a competitive price that customers value. AGREEMENT Or PURCHASE AND SALE Between PUGET SOUND POWER & LIGHT COMPANY and PUBLIC UTILITY DISTRICT NO. 1 -- of SNOHOMISH COUNTY Dated June / -7 , 1949 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT, made and entered into this —f'day of June, 1949, between PUGET SOUND POWER & LIGHT COMPANY, a Massa- chusetts corporation with its principal offtce in the City of Seattle, State of Washington (hereinafter called Puget) and PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY; a municipal corporation organized and existing under Chapter 1 of the Laws of 1931 of Washington, as amended (hereinafter called District); 4i I T N E S S E T H : ►'+frIEREAS, Puget is a public utility engaged principally in the business of generating, transmitting and distributing electric energy in the western and central sections of the State of Washington and in connection therewith sells and distributes electricity to certain residents Within the borndaries of Snoho- mish County, Washington, and on Camano Island in Island County, Washington; and WHEREAS, the District has instituted a condemnation pro- ceeding aE;aj.rst Puget in the United -States District Court for the Vestern District of Washington, Northern Division, entitled "Public Utility District No. 1 of Snohomish County, a municipal corporation, Petitioner, vs. Puget Sound Power & Light Company, a corporation, and Old Colony Trust Company, a corporation, 1. Respondents," being Civil Action No. 2081 in said court, whereby the District seeks to acquire certain properties of Puget which in general consist of the electric properties of Puget located in Snohomish County, 'Washington, together with certain related electric properties on Camano Island in Island County, Washing- ton; and WHEREAS, Puget has filed an appeal from the Decree of Public Use and Necessity entered in said proceeding to the United States Court of Appeals for the Ninth Circuit, which ap- peal is now pending, awaiting a ruling by the Court of Appeals on the District's motion to dismiss the appeal (which said con- demnation proceeding and said appeal are hereinafter collectively called said Proceeding); and ViHEREAS, Puget is willing to sell the properties described in Exhibit A to the District under the terms and conditions here- inafter set forth, subject, however, to the District's agreement to immediately dismiss and abandon said Proceeding; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows; ARTICLE 1. Purchase and Sale. As a part of an over-all acquisition by public utility districts or other public agencies o,`' all of Puget's utility properties, Puget agrees to sell to the District and the District agrees to purchase from Puget, for 2. the price hereinafter stated, the electric distribution proper- ties described in Exhibit A attached hereto and made a part hereof (hereinafter called the Properties). Between the date of execution of this Agreement and the Closing Date, the Dis- trict agrees to cooperate with other public utility districts or public agencies in the development and consummation of an over-all purchase proposal for the acquisition of all of Puget's utility properties by taking the following steps and proceedings: (a) join in any offer such other public utility districts desire to make for any such over-all acquisition, the participation of the Snohomish District in any such offer to be for the Proper- ties as described herein, at the price herein specified, in accordance with the terms and conditions of this Agreement; (b) if such offer for an over-all acquisition is accepted by Puget and approved by its stockholders, then the District will adopt all necessary resolutions for the issuance of its bonds and defining a plan and system as required by law, to the end that the District will be ready on the date fixed for transfer of all such properties to PA11 such districts to pay for and accept conveyance of its Properties as herein described. However, if such an over-all acquisition is not consum- mated by October'31, 1949, then Puget agrees to sell to the District and the District agrees to purchase from Puget, on the Closing Late as hereinafter defined, for the price and upon the 3. terms and subject to the conditions hereinafter stated, the Properties described -in said Exhibit A. The purchase price of the Properties shall be Sixteen Million Dcllars ($16,000,000) which the District agrees to pay in lawful money of the United States as hereinafter provided on the Closing Date as herein- after defined. ARTICLE 2. Dismissal of Condemnation Proceeding. The District agrees imzne iately t dismiss and abandon said Proceed- ing t ut coats to either party, and to that end will adopt Z U t Sh i_n-sediately upon execution of this Agreement a resolution au- thorizing and directing its attorneys to teke a11 necessary steps to accomplish the dismissal and abandonment of said Pro- ceeding, including the execution on behalf of the District of any and all necessary stipulations, motions and other papers as may be requested by, and in form and substance satisfactory to, counsel for Puget, and to consent to entry of any necessary orders, and to make any necessary court appearances in said United States District Court or said United States Court of Appeals; and the Di -strict agrees immediately upon execution of this Agreement to repeal Resolution No. 150 of the District which authorized the institution and prosecution of said Pro- ceeding. The District agrees to furnish Puget within three (3) days after the execution of this Agreement certified copies of the resolutions above described in this Article 2. In the 4. event the dismissal and abandonment of said Proceeding shall not have been accomplished within ten (10) days after date of execution of this Agreement, Puget may at its option exercised at any time thereafter terminate this Agreement by giving writ- ten notice to the District of such termination. ARTICLE 3. Puget Warranties. Puget represents and war- rants that: (a) Puget is a corporation duly organized and existing under and by virtue of the laws of the Commonwealth of Massa- chusetts, is duly qualified to do business in the State of Washington and has full power and authority to execute, per- form and carry out this Agreement according to its terms. (b) Puget owns (subject to the exceptions noted in Ex- hibit A) and operates the facilities for distribution and sale of electric energy described in Exhibit A, except that certain distribution line right of ways are held by easement which may be subject to prior mortgage or are for a term of years or ter- minable on notice. Except as stated above and in Exhibit A, there are no restrictions upon the Properties which would pre- vent or adversely affect the use presently being made thereof and none of such Properties is subject to any lien or other encumbrance except the lien of Puget's First and Refunding Mortgage dated as of June 21 1924, as supplemented and modified, to Old Colony Trust Company as Trustee. Puget agrees to obtain 5. the release of the Properties from the lien of said mortgage and deliver the same to the District on the Closing Date con- currently with the payment of the purchase price hereunder. (c) Attached hereto, marked Exhibit B and made a part hereof, is a statement showing number of customers, electric revenue and kilowatt hours sold from the Properties for the calendar years 1946, 1947 and 1948. ARTICLE 4, District Warranties. The District repre- sents and warrants that: (a) It is a municipal corporation and political subdi- vision of the State of Washington, duly organized and existing under and by virtue of Chapter 1, Laws of Washington 1931, and amendments thereto, and that it is duly authorized and empowered to acquire and pay for the Properties as herein provided. (b) The District has entered into a contract with John Nuveen & Co., Chicago, Illinois, and Associates, for the issu- ance and sale to them of revenue bonds of the District for the purpose of procuring funds to purchase the Properties from the Company as provided in this Agreement whereby said John Nuveen & Co. and Associates have agreed to accept delivery of such bonds and make payment therefor on or before the Closing Date, and the District agrees to use its best efforts to consummate the issuance and sale of such bonds on or before the Closing 6. Date and if the sale of such bonds is consummated the District agrees to purchase the Properties as provided in this Agree- ment. (c) This Agreement, the execution and delivery thereof by the District, the acquisition by the District of the Proper- ties to be acquired by it as herein provided, have been duly authorized and approved by the Commission of the District as required by law, and true, correct and complete copies of all District proceedings effecting such authorization and approval, certified by the Secretary of the District, are attached here- to. (d) No litigation is pending or threatened, to the knowl- edge of the District, which would prevent or delay the acquisi- tion by the District of -the Properties hereunder or the payment therefor as herein provided. ARTICLE 5. Conveyance of Properties. On the Closing Date, concurrently with the payment to Puget by the District of the purchase price as provided herein and 6ubject to all the terms and conditions of this Agreement, Puget agrees to sell, convey, transfer and assign to the District all of the Proper- ties. Such sale, conveyance, transfer and assignment shall be made by Puget by good and sufficient deeds, bills of sale, as- signments and other instruments of conveyance and transfer as shall be reasonably necessary in the opinion of counsel for 7. the District to convey to and vest in the District good and merchantable title to the Properties, subject to the exceptions, reservations and conditions set forth in said Exhibit A. The parcels of real estate owned in fee by Puget and to be sold hereunder shall be conveyed by the usual form of statutory war- ranty deed, free and clear of all liens and encumbrances. Pu- get agrees prior to the Closing Date to procure from a title insurance company a purchaser's policy of title insurance, in- suring the District to the amount of `;p110,000 against loss or damage by reason of defects in the title of Puget to the parcels of real property described in Exhibit A, subject to the said ex- ceptions, reservations and conditions. The District shall as- sume and indemnify Puget and hold it harmless against all lia- bility with respect to performance after the Closing Date of or under all contracts, easements and franchises of Puget assigned to the District. ARTICLE 6. Closing. Date_. The term Closing Date is hereby defined for the purposes of this Agreement as November 1, 1949. In the event it becomes evident prior to October 1, 1949, that any over-all acquisition as referred Go in Article 1 above can- not be consummated by October 31, 1949, then it is agreed that the Closing Date shall be advanced to October 1, 1949. The Closing Date may be advanced or postponed by mutual agreement of the parties hereto, in which event the Closing Date shall be such advanced or postponed date. The sale, conveyance, trans- fer and assignment of the Properties by Puget and the payment therefor by the District shall be consummated on the Closing Date at the office of the Bank in Seattle, Washington, or such other place as the parties hereto shall mutually agree upon. Time is of the essence of this Agreement; and if Puget fails to tender conveyances on the Closing Date'or if the District fails to tender payment of the purchase price on the Closing Date, the defaulting party shall have no further rights under this Agreement. ARTICLE 7. Canital Improvements. In addition to the purchase price specified in Article 1 hereof, the District shall pay to Puget on the Closing Date an amount equal to the book cost of all additions and betterments to the Properties for which ex- penditures were made during the period between December 31, 19482 and the Closing Date, less the book cost of any items of the Properties retired during such period. It is currently esti- mated by Puget that the gross amount of such additions and " t betterments up to November 1, 1949, exclusive of retirements, '. will approximate Six Hundred Fifty Thousand Dollars ($650,000). On the Closing Date Puget shall furnish to the District a state- ment certified by the Treasurer of Puget, showing the amount ex- €` r pended by Puget during said period for any such additions and 4 betterments and showing the amount of any such retirements, and 9. Puget shall make available to the District for inspection and examination its books and records relating thereto. ARTICLE 8. Accounts Receivable. It is agreed that Puget shall on the Closing Date sell, assign and transfer to the District all of the accounts receivable from electric cus- tomers receiving service from the Properties (except those ac- counts receivable more than six (6) months old as of the Clos- ing Date) and in consideration thereof the District shall pay on the Closing Date an amount (in addition to the purchase price ar' specified in Article 1 hereof) equal to the sum of the following: (a) 100114v of such of said accounts receivable as on the Closing Date have been billed and re- mained unpaid for not more than thirty (30) days; (b) 95% of such of said accounts receivable as on the Closing Date have been billed and re- mained unpaid for more than thirty (30) days but not more than six (6) months; and (c) 100a of the amount of unbilled electric revenue representing claims of Puget for services rendered, but not billed, after the meter reading date next preceding the Closing Date, although not accrued on the books of Puget as accounts receiva- ble, such amount to be determined by mutual agreement 10. of the parties; provided, that if the parties can- not agree on the Closing Date as to the amount of such unbilled electric revenue, then the District shall not be obligated to pay therefor on the Clos- ing Date, but shall bill the customers for such service and as early as practicable, but not more than sixty (60) days after the Closing Date, the District shall pay Puget the amount of the unbilled electric revenue accrued as of the Closing Date. The amount of such ur Alled electric revenue ac- crued as of the Closing Date and due Puget here- under shall be computed by prorating the billings as of the Closing Date, e.g., where a meter is read twenty days after the Closing Date and the billing period is sixty days, the billing shall be prorated two-thirds to Puget and one-third to the District. Upon request, Puget shall be entitled to have meter readings made jointly by a representative of each party to determine the amount of unbilled revenue hereunder. ARTICLE 9. Customers' Deposits. On, or as soon as prac- ticable after, the Closing Date, Puget shall deliver to the Dis- t^ict an itemized list of all customers, deposits and pay to the District the aggregate principal amount of such deposits, to- gether with interest accrued to the date of such payment, and 11. the District hereby agrees to indemnify and hold harmless Puget from any loss or damage which it shall sustain or expense which it shall incur by reason of any failure of the District to fully discharge Puget froii all liability with respect to such custom- ers' deposits. ARTICLE 10. Inspection and Examination. At least five (5) days prior to the Closing Date Puget shall: (a) Furnish to the District forms of all proposed deeds, bills of sale, assignments and other instruments of conveyance and transfer by which Puget proposes to convey, transfer and assign the Properties to the District; (b) Make available to the District Puget's copies (the originals, if they are in the possession of Puget) of all fran- chises, easements and other contracts referred to in Exhibit A or relating to the Properties; and (c) Furnish to the District copies of all resolutions adapted or proposed to be adopted by the Board of Directors of Puget by which the sale, conveyance, transfer and assignment of the Properties to the District is authorized. Puget shall at all reasonable times during the fifteen (15) days immediately preceding the Closing Date afford to the desig- nated representatives of the District access to the Properties ' and to the records of Puget relating thereto for the purpose ef 12. examining the same for the purposes of this Agreement. ARTICLE 11. Opinions of Counsel. (a) The obligation of the District to acquire the Prop- erties and to pay therefor as herein provided is subject to the condition precedent that on or before the Closing Date there shall have bean delivered to the District the opinion of Holman, Mickelwait, Marion, Prince & Black, counsel for Puget, in form and substance satisfactory to counsel for the District, dated the Closing Date, to the effect that Puget has full power and J authority to sell the Properties as herein provided and that all corporate or other proceedings required to be taken by or on the part of Puget to authorize it to carry out this Agree- ment have been duly and properly taken, and that no approval by the stockholders of Puget is required to authorize performance of this Agreement as a separate sale. (b) The obligation of Puget to sell, convey, t_ansfer and assign the Properties to the District as herein provided is subject to the condition precedent that on'or before the Cils- ing Date there shall have been delivered to Puget an opinion of Messrs. Wood, King & Dawson of New York City, in form and sub- stance satisfactory to counsel for Puget, dated the Closing Date, to the effect that the District has full power and au- thority to acquire the Properties as herein provided and to pay the purchase price therefor, and that all corporate or 13. other proceedings required to be taken by or on the part of the District to authorize it to carry out this Agreement and to ac- quire the Properties as herein provided and to pay the purchase price therefor have been duly and properly taken. ARTICLE 12. Damage to Properties. If prior to the Clos- ing Date any substantial part or unit of the Properties shall be destroyed or materially and adversely affected by fire, flood, explosion or other cause, either Puget or the District may at its election terminate this Agreement without any claim of either, party hereto against the other in respect hereof. If, having such election, neither Puget nor the District shall terminate this Agreement or if prior to the Closing Date there shall oc- cur any damage to or destruction of any part of the Properties not of such nature as to.entitle the District to terminate this Agreement, the District shall accept the Properties to be con- veyed to it in their damaged condition and Puget shall assign to the District all proceeds of any insurance covering such loss or damage; and, to the extent and by the amount that any such loss or damage shall not be�.-&"-ully covered by insurance, there shall be an appropriate reduction in the amount to be paid for the Properties on the Closing Date, or if the amount of such reduction cannct be ascertained by the Closing Date, men the amount to be paid on the Closing Date shall be paid without such reduction and Puget shall pay the amount of such reduction to the District as soon as it is determined. 14. ARTICLE 13. Excusable Delay. Neither party shall be responsible nor be deemed to be in default on account of delays in the performance of this Agreement due to causes beyond the control of such party and not occasioned by its fault or negli- gence; provided, that in the event either party shall be delayed by reason of one or more of such causes from performing its ob- ligations hereunder on the Closing Date, the Closing Date shall be extended to the extent of such delay; provided, further, that in the event the Closing Date is extended as aforesaid, either party shall have the continuing right, to be exercised at its election by giving not less than thirty (30) days' written no- tice to the other party, to terminate this Agreement unless it shall be fully performed within such thirty -day period. ARTICLE 14. Books and Records. Puget shall turn over to the District on the Closing Date, or as soon as practicable thereafter, all such documents, books and records as relate ex- clusively to the Properties or the operation thereof and which are not necessary for Puget to retain in connection with its remaining properties and businetz. All such documents, books and records so turned over to the District shall be preserved by the District and shall at all reasonable times be available to Puget for inspection and examination. From and after the Closing Date Puget shall make available to the District for examination in Seattle, Washington, at all reasonable times 15. all such documents, books and records as relate to the Proper- ties or the operation thereof but which it is necessary for Puget so to retain. ARTICLE 15. Interim Operations and Risk of Loss. From and after the date hereof and until the Closing Date Puget shall continue to operate the Properties in the normal manner in which they have been operated in the past and to do any and all things necessary to retain and preserve the good will pertaining to the Properties. Prior to the Closing Date Puget will not, without the written consent of the District, make any contract relating to or affecting the Properties which is not in the ordinary course of business or commence any major extensions, additions, improvements or other construction (but may complete any such work commenced prior to the date hereof), or sell, convey or otherwise dispose of any of the Properties except in the ordi- nary course of business. It is understood that until the con- veyance of the Properties hereunder the Properties shall be at the risk of Puget and that Puget is not obligated hereunder to assign or transfer to the District any insurance whatsoever re- lating to the Properties or the operation thereof. After con- veyance hereunder the Properties shall be at the risk of the District which shall provide its own insurance coverage. ARTICLE 16. Employees. After the acquisition of the Properties by the District, the District agrees to retain and 16. employ for at least two years, subject to the right to dismiss for cause, such employees of Puget as are on the Closing Date engaged in the operation of the Properties. ARTICLE 17. Viheelipg of Power. It is understood that the electricity delivered to Puget's customers served by the Properties is transmitted over certain 110,000 volt and 55,000 volt facilities of Puget which are not to be sold to the Dis- trict hereunder and are to be retained by Puget as a part of its power pool system. It is also understood that under date - of June 8, 1948, the District entered into a power contract with the United States of America, Department of the Interior, acting by and through the Bonneville Pourer Administrator (here- inafter called Bonneville) pursuant to the terms of which the District will purchase its electricity requirements at whole- sale from Bonneville for resale to customers served by the Properties. Puget agrees that it will enter into an appropri- ate contract with Bonneville whereby Puget will agree to wheel and transform power for the account of Bonneville for delivery to the District and for which Bonneville will agree to pay to Puget reasonable compensation based upon the continued utiliza- tion of Puget1s transmission and transformation facilities used to supply power to the Properties.` If such contract is not exe- cuted by Puget and Bonneville prior to the Closing Date, Puget agrees to wheel and transform power for the District and the District agrees to pay to Puget reasonable compensation for any 17. such wheeling and transformation of power performed by Puget between the Closing Date and the date of execution of such con- tract between Bonneville and Puget. With respect to the Martha Lake, Esperance and Paine Field Substations to be acquired by the District, Puget agrees to wheel power, for a tern of ten (10) years and for reasonable compensation to be paid by the District, from Beverly Park Sub- station to the following points of delivery on Puget's existing system: The Martha Lake Substation and the Esperance Sub- station, both served from the 55,000 volt trans- mission line known as Seattle No. 4; and The Paine Field Substation served from the 550000 volt transmission line known as Seattle No. 3; provided, that Puget shall not be required to wheel power for delivery to the Martha Lake, Esperance and Paine Field Substa- tions in excess of a combined maximum demand of 10,000 kilowatts. An appropriate contract setting forth the details of such wheel- ing and the compensation to be paid therefor shall be executed by Puget and the District on or before the Closing Date. ARTICLE 18. Fringe Distribution Properties. It is un- derstood that there are certain areas along the north and south boundary lines of the District where customers on one side of 18. the boundary 17_ne are presently being served through distribu- tion facilities located on the other side of the boundary (such areas are hereinafter referred to as Fringe Areas). After the transfer of the Properties as is contemplated by this Agreement the District will have customers in such Fringe Areas within the Districtts boundaries that cannot be served from its own facilities until additional lines and facilities are built to connect such'Fringe Areas to its own system; and likewise Puget will have customers in such Fringe Areas outside the Districtfs boundaries that cannot be served from Puget's facilities until additional lines and facilities are built to connect such Fringe Areas to its own system. The parties have not made a suffi- ciently detailed study to determine whether each party should proceed after the Closing Date to construct the necessary lines and facilities to interconnect its Fringe Area customers with its own system or whether in some or all of such Fringe Areas the customers should continue to be served from the facilities on the other side of the District boundary. To the and that service to customers in such Fringe Areas will not be inter- raoted and that neither party will be subjected to• excessive expenditures for construction of connecting facilities, the parties agree to use their best efforts to arrive at an appro- priate"agreement, to be executed on or before the Closing Date, covering the service and operation of such Fringe Area facili- ties. 19. ARTICLE 19. Great Northern Contract. The District agrees to perform Puget's obligations under that certain con- tract entered into March 24, 1926, between Great Northern Railway Company and Puget, as amended and supplemented, with respect to all electric service under 12,000 volts (specifi- cally excluding traction service) in Snohomish County or on Camano Island now being served or hereafter required to be served under said contract, as amended and supplemented. On the Closing Date an appropriate agreement shall be executed by the parties providing for the performance by the District of such obligations of Puget under such contract. ARTICLE 20. Crossarm Installations. It is understood that Puget owns certain 55,000 volt and 110,000 volt transmis- sion lines which are not included in the Properties to be sold to the District hereunder. It is further understood that in- cluded in the Properties are certain distribution facilities installed on poles in said transmission lines. It is hereby agreed that for a period of five (5) years from date of acqui- sition hereunder the District shall be permitted under reason- able limitations to maintain its crossarms and other equipment now existing on the poles in said transmission lines at a ren- tal of Two Dollars ($2) per crossarm per year, payable annually in advance by the District to Puget. On the Closing Date the parties agree to execute an appropriate agreement covering such 20. right to use property of Puget and the rental to be paid there- for. ARTICLE 21. Communications E uipment. I is understood that after the Closing Date Puget will own and retain certain communications- equipment located on pole lines to be acquired by the District hereunder. It is hereby agreed that for a period of five (5) years from date of acquisition hereunder, Puget shall be permitted under reasonable limitations to oper- ate and maintain on pole lines of the District the following ` described communications equipment: (a) Telephone Line No. 800 from Beverly Park Sub- station to Lowell; (b) Telephone Line No. 7 from Beverly Park Sub- station to the north boundary line of Snohomish County; it being understood that the taps con- necting such Telephone Line No. 7 to the Broad- way substation and the Arlington Office shall be eliminated. On the Closing Date the parties agree to execute an appropriate agreement covering such right to use property of the District and providing for a rental of Two Dollars (2) per crossarm per year, payable annually in advance by Puget to the District for all of such installations of communications equipment retained 21. by Puget on poles belonging to the District, with the excep- tion of the portion of such Telephone Line No. 7 from Beverly Park Substation to East Arlington Substation which will be ne- cessary for use in telemetering the power to be delivered to the District at East Arlington Substation and therefore will not be subject to rental charges. ARTICLE 22. Cutting of Line. It is hereby agreed that upon acquisition of the Properties by the District hereunder the 55,000 volt line known as Snoqualmie No. 1, extending from the Beverly Park Substation of Puget to the south boundary line of Snohomish County, shall be severed at such boundary line, the District to acquire the portion north of such boundary line and Puget to retain the portion south of such boundary line, as provided in Exhibit A. ARTICLE 23. Notices. Any notica to be given hereunder by the District to Puget shall be given in writing either by personal delivery to an officer of Puget or by registered mail or by telegraph addressed to Mr. Frank McLaughlin, President Puget Sound Power & Light Company 860 Stuart Building Seattle 1, Washington. Any notice to be given hereunder by Puget to the District shall be given in writing either by personal delivery to a commis- sioner of the District, or by registered mail or by telegraph 22. s Thomas Quast," Commissioner Attest: sl S. A. Sween Secretary (SEAL) 3 P; STAM 0F:'X&SH1KGT0M- 8'W'da •me, the' undersigned, duly oomis- Notary -Publilo �.k - sinned and 'awo-M' aiz 6nijj" Y.- PP44TTo4_ ?WE MOLLUGELIN and D. J. TORRANCE, 4 -t c; ha4`;kAqid,'t'6 -be "t he -- President, khd -Aa a J atant S art. T etary, reapeotively'i o'f,'PUG'ET•`S'0'UX'D'-�p0ffU !-;-LIGHf'1QOM'PANY,- the corpora- tion that exocut6d,L jho korat ' oin& ;instrument,-'andackno4ladged tho said instrument 'to, be the free all1d, *bluntary eat and dead of.said oorpPration -for the uses and',purp6six",th art -in mentioned, and on oath mt&t ad '�t hal­ they wor @_ aut d6jr#ed :io­a­_X* aout a the said . ins t ni- =ant 'and -that, the seal affLiad`ii C20 corpprato seal of majj 002.- • WI $SS nrJ hand Gmd officia a 'a.l hereto affixed the day and year in thjs nortifialLtSL bo've writt on* FV Dick elwait 'Notary Publiall- in and for the State of ftahj%% b pn;-.roqiding-at.seattje STATE OF WASHINGTOjf% COUNTY OF SNOEOMIS'R.). On this. 17th'uay of Jun* ,, -, 1949 e fo r e me a Yotary Publio=n ft end 'for.Lthe LtQ of'W48 in--h the undersigned, gtono duly a"d stoned and aworn, pargonall d - .71.4F1 n sail ;3 and Sw to.'. me ' kMo 7fo be. tRepresj dent mad'.800retaryj, reapeotiwLqjy.,_,.of PUBLIC-.-U_TILIT1Z- DISTRICT, NO$' 1 OF SN0110JUSH COUNTY, ' the 'nu.iioipa ;corpora ion'that executed ,tha foregoing instrument- and"' ­itn "t Ro o*ladge he.�ejai&'-`inttrtiment to be the free and voluntary &.0t and lity--Distriot, for the uaos and purposen th.gre J.Zowe Xt . that *h-.v&a authorised to -- . _ ina truitent ' and that the meal affixed is the corporate seal: or :iiid:­Publio - 'Utility Dia- triot. WUNESS my hand and offioial,_ seil'h�ersto affixed the day and year in t.11is oertificate abovo'wrk%t0'A,.. Notary% Publio i-in and for the State. of 1kshiAgton,'-.r@sidin&.at Everett. ' .=.MIC' PF.NT1W 'T❑ BE .SOLD TO PUBLIC UTILITY ' DLSTRICT - NO O" 1: OF SNO MMISH COUNTY gl1'electric distribution properties of Puget Sound Poorer & Light Compiny'Located,Jn-Snohomish County, Washington, and on Camano Island in•Island•County,- Washington, including poles, 'wires, insulators, meters,, switches, transformers, substations and.- all' equipment ,and facilities=of ,every kind used as a part of said distribution properties,,except those distribution 4 properties., equi*,nta and'fgcilities. expressly excluded as hereinafter set -forth under the dasigriation of "EXCLUSIONS" or elsewhere specifically excepted herein,'said electric dis- tribution properties • being'?the foll6Ri ng r I. All electric distribution. properties in said areas which are presently operating at a voltage of not more than 55,E volts; including bu-Vnot 'liznited to the following; (a) Those portions which are located in Snohomish County of the 55,000 Volt.lines 'originating in the Beverly Park Substition.known as Everett Noe 1, Everett 'No, - 2 and'-; Snoqua7.mie Nq, I., from and including the"firat pole of. each said line located outside the•Beverly Park Substation fence, (b) The 55,000 volt line known'as Everett No. 3. (c) The East Arlington Substation, including all substation equipment and Connections up to%the points where the flying taps connect to the 110,000 volt transmission lines of Puget Sound Power & Light Company known as Baker River No. 1 azd Baker River No. 2. 1. (d) The Paine Field Substation, including all sub- station equipment and the-55,000 volt stub line from "the substation to -the point of connection with the 55,000 volt transmission line of Puget Sound Power & Light Company known as Seattle No'. 3. (a) The iMuar ha Lake'Substation and Esperance Sub- station,; inoluding. all substation equipment and the 55,000 Volt span from-each.such substation to the respective points of connection with the 55,000•volt transmission -line of Puget Sound Power•& Y.ight Company„known as Seattle No. 4. 2. The•following described parcels of real property lo- cated in the County.`of.Snohomish,.State of Washington'. together with all improvements thereon and all appurtenances thereto or thereunto belonging: (a) Arlington Substation Lots 1 and..2; Block"29,•Aaller City Addition to Arlington.' (b) Broadway Substation,'Everett Lots 21 and 27, inclusive,_Block 713' Everett Land Company's -First Addition to Everett. (a) East Arlington Substation Commencing 20 feet W 30E of the SE corner of the SWI of the NWJ of.Section 12, Township 31 N.a Range 5 E., iW.U.; 'thence N 30E 200 feet, thence S 87030' W 360 feet, thence S 30W 200 feet; thence N 870301 E 360 feet to the point of beginning; subject, however, to perpetual easement to Puget Sound Power & Light Company for maintenance and operation of two 110,000 volt lines known as Baker River No. 1 and Baker River No. 2. 2• (d) Edmonds- 13 Dr�.`.Substation and Pole Yard We s t 32,7'feet of Lots 18' and 19,, Block 1,, unre- corded plat of Olympic..View Addition ' to the City of Edmonds which is described as,followst Beginning at a point ' o . n thd north margin of Wal— nut Street 'extended., in'the. Town of Edmonds., which is 170 feet north "and i20 feet west of .''the SE corner'of Section 23,-:.Township 27 N.p Range 3 E.., %%M,;^ thence weat'32-7 feet; thence north ,65.9*feet; th6nce east 32.7--feet;-thence south 65,9 feet to the , point -of beginning. (a) Edmonds 55- K-0 Substation' -Site Beginning 352.42 feet -wrest 'afid'100 feet south of the NE corner of the SEJ of the SE{ of the SDI, of SecUon',23,q;Township_;7_N-,, Range 3 E.,, thence-so'luth 100 -feeti thence west 130 fe3t;-thence north 100 feet; thence east 130 feet to the point"*of beginning; being known as Lots 9, 10,, 11.and 1�,, Block 2,, of the unre- .corded plat of Olympic View, (f) Esiie.mnce Substation Easement for - e maint6ninc.and operation of sub- station onfolloiring,dsBeribed propertyi Beginning at.'a'-point :on' the south line 'of See-" tion 20 Taw7is -27 1 N Range 4 if - M - 588.5 feet west' of the -'SE 'corner, thereof; •thence N 10541 E,454',l;feet- to, . -,the,true point of begin- ning; thence. N,1654f.-E 51.3-festj thence N 610 , 541 E 27.8 feet; -thence.-S 880061-B 48 feat; thence S'l"541-Iff 65 fiiet;., thence" N. 880061 W 72.,1 feet to'the true point of beginning. (g) Martha Lake 'Substa_tion:-..'L_­. Easement for maint!anan . c ; e and operation - of sub- station on following-descAbed property: Beginning at a point on the.south-line of Sec- tion 2, Township 27 N.,.Range4-R..* W.&Mo'j 91792 feet east of the'iouth 'quarter corner of said section; thence N 10048"E 43.45 feet to the true point of beginningi thence N 100481 E 58 feet; thence S 79012 t. E'.641'.5 feet; thence S 100 481 W 58 feet; thence N 79012v N 6405 feet to the true point of beginning. - 3. NOW_ ------- zz�_ (h) MaEZOVille Substation LA 12., Blocii,:B,.-.Town .of.MaryovUleo (i) North Everett'Substation SE of -the NWJ of Sao — All Ahat he tiop, 17 WOU.1 do - scribed as'followei., Beginning"," '­�':of_ thiSE •comer of Lot �4'�eet eas diway� Lind'Company' a 172'.,Block 238'Y" Plat,of.'Broa First,'Additi'on"-to-'Ever-ett)-.'Washingtori; thence north Wallifito.the'east line of said -block 100 feet; thetowe,ast-)20 feet; thence south 100 feet;,thence,west 320,;fe6t'-to the-p6int of be- J) service Build rett•, All . of Lots 1 io'. 7 to 18' in- clusive,, and L6tie.,22_to-'-27,` incl-isiyet. All in Block 661 of .Evir8­W`,Di;A8'io'n1 No., 11- together with vacated'allbyi'.thrdugh', 'said * block. in;-a'torth, arly and southerly...:diiection., (k) SubS't,Aiorj Repair"•Shop�"- Everett` 'Lots '9 aind10., , b16 ck '. 713 -Everett Land.CompsnytB First Addition'-. to''Rverett (1) Service Buildibg 1". Mo oa Lot 1, Block-420 Monroe Land & Improvement Com- panyls First' 'Addition-.to_-_Voriroe (m) Snohondsh'Subatatidn West half of Lot.'. J5p -Block,79 Snohomish City, Eastern Park. (n) Stanwood Substation, Irregular tract of 3anA'.in-Government, Lot 11 Section 24,, Town sfiip,JZ XV Ppnge.3 B.,9 W.M.; described as follows Beginning at a point 100'feet south and 235 feet S 880E of the R-dorner of Lot 1, Block 1 of the Tqvm of Stanwood; 'thence S 66o X 169 feet; thence south 26o feet,,.more or less, to 44' Ivy the denter,: of _'Irrini'Slotih"thence westerly Y., along 'the.,ceht:er-'line - of.Irvine ' Slough' to- z point which: is 'due'south'of, the 'point of..be- ginning; tbenc4 north'150-feet, more .or. leBo,, to the •point of be girinifig,-- to gather with the 4 easement --and"right. of'wV. - t6,."azia upOn"&,:l2-' foot. strip as, a-.pr1;iite',ioa:d',joining said tract with the count road to.the�noxth.`, All right, titli- and': iitere st:of. -Puget, Sound P,- Y-. r - Light Gonpany in or'.to.the right-of'ways.franchises and.ea.56- ments (so. -far as the... same may be .transferable) necessary for the operation and'! miintenizm�cie"6?'*siid .'electric -distribution proper-. % ties; specifically excl . uding theiafrom,'_.'how . at r the old PXT right of way,and all-'Othir •. right of ,ways,, tranchiBes and ease- ments used for any 110'000volt. Or- -Unes'' the 55.,000 volt - e lines knnm as S attl eNo b3 --an 0 'Such operation of " said ilectric distribution proper tin- the detailed list attached' hereto "mark6t Exhibit A -I,- together with &utomative.'maint4hazi64"equipment located In Service Build- ing at Everett. Materials sndff��Ii�ir.of 4�a`gA,:S 50 oafid Power & Light' Company located in Snohomifish-, . C-du . nWand- 'on"'. dani, ino Island nory- mally, hold for use in the,, operation .'of. a aid- electric distribu- tion properties, such materials and supplies having an approxi- mate value of Forty-five Thousand Doll -Ara ($45;000). 6. All transformers and meters in stock or held as spares located in Snohomish County or on Camano Island and held for use in connection with said electric distribution properties. 7. All interest of - Puget Sound Power & Light Company in, to or under that certain lease dated October 10, 1947, be- tween North Coast Transportation Company as ORner and Puget Sound Power & Light Company as Tenant, whereby portions of a three-story brick buiiding.known as the Everett Depot, located on Lots 12 to 21, inclusive, Replat of Block 718 of the Plat of Evetett, Washington., -were leased for a period of five years from October 1, l947,'to_-September-30' 1952, subject to the assumption by the Diutriot.`of'a31:.obligations and liabilities of Puget Sound Power & Light Coiapa' un1. der Said lease. 8. All.offics furniturs.and:equipment, including type- writers, desks, tables, coup- er;i " filing cabinets, safes, chairs, lighting fixtures, heetera," eto now lecated'at the following places: Arlington Office; Edmonds Office; Broadrra.- Substation; Everett Office Building; Everett Service Building; Monroe Of- fice; Snohomish Office; and Starnrood Office. 9. The following communibations equipment located in Snohomish County: (a) Portion of Teiephone Line No. 2 beginning at first pole outside Beverly Park Substation 6.- Jr fr fence: and an Everett No; 2 55,000 4 .con"tinning volt:'lizie ta'tiie-Broacbray` Substation and the Everett 0ffica e. (b) Portion of Telephone -Line No.. 2 from pole 38 of Olympic',.Peninsula No'. 1 55 -000 .volt line (near. 12tkt Narthxe'st)-.td,•Ed=6nds Substation. c) Portion of Telephone LiYie ,No:: 'located an .; Snoqual.mie No.' '55,000 volt line beginning :" : «• at'.the : south. Vcju Fary.'-of :�Snahomish County and ' terminating,. at, the 'M==e. Substation. (d) Portion of`•Telephone`s Ir a 'H0.6 `located on Everett No;.dine-be�fxlnizag at the- first =p61a"outside 'the. Ba*erijrPark sub— station' fenca` sari .conti�rping'zibrth • to= the -Broadway Substation: `�' (e ) Entire " Te].e hone' Uhi , Ho:.. located•• on 'Sno-- P qua1mi:e"Na._- Everett -to Snohomi-sh Substationi'. to' lfbntoa, . it ,being understood tfint'ha aanneaian=of .this tale-,, phonel�inet`'�nrythe'BeveTlg; ark'S�bstation:, will be�•.':•,.. el iaced. f ::' - .'', F•..'��J�.� �. (f) Ent irs 'P@lsphaila Li f ieY�d j ti=:.1 ' can7±'� Ct'lSig ,7 Everett Substatiop, -.Mi'r' i;lle- Substation, Marysville ' Office;1:Tast,Arlingtori: Substation, Arlington `Office' and ,•Sta 'wood Offioe■ r EXCLUSIONS .'r,:c. The following propertie'b :•are' expreaaly -excluded from the 'u' • � ;s7.'. - .. . • •`tia - � yr! ,�'i •. foregoing sc general- d�a rip nt'�� ...- •• • . ', _ .. �_- ::'' .' _ 1, A11 electric trans fmisairni.,facilfticararid-equipment which are F_-ssently operating at -a voltage in-, excess of 55,v00 • :,,•'' ,: ; • - -�i.".:ter_ _ - �- volts or held for use in connection thexexith, ? 'LP •4P " -. 2. Trro:55,000 volt transmission lines known as Seattle No. 3 and Seattle No, 4•extoiiding in a general westerly or south— westerly direction from Beverly Park Substation to and beyond the south boundary of Snohomish County, together with all trans— formers and other equipment: used or held for use in connection therewith. 3. All right, title and interest held by Puget Sound ; Power & Light Company in or -.to the' right of ways, franchises :! L and easements used for the transmission lines and facilities excepted in paragraphs 1:and+2'of•these exclusions. 4. The Beverly Park -Substation, Iiioluding, as a part of the property to be excluded, s1l:substation equipment and =`+ those portions of the'' 55,000,-.*ol:t-.,3-iries' known. as .Everett No. 1, Everett No.' 2. and Snoqualmie. No " 1 extending- from the -Beverly r,.. Park Substation transformers.to,' but not including,, the first pole of each said line located outside of the -Substation fence, y_ and the patrolman's cottage (Lot •24 Block 2, Plat of Beverly Park) used in'connection with! -the -Beverly Par:. Substation. 5. All facilities and equipment used in connection with the construction of automotive equipment, and reconditioning, reclamation, or salvaging of electrical, automotive or other equ Dment, which is located in the warehouse and line office of Puget Sound Power & Light Company in Everett, Washington, or related thereto. 8. ' :, 5. All to ephcrie'' F a gad oo=m4 cation stracturea, •. circuits, and equi.pmerit�vf,Paget Sound Pager Ec Light Company, ?x' tir p except such communioati6a,equipment specifically -described in ' paragraph 9 -above.' of; this- E)Mbi� `A*hi6!r is to -be included in the. properties to be ;sold- to �.ha Distric'�. - i■ All property,= egiiipment,::tools, materials and sup-- .. .: plies used or held•far'iis�.*bp .the Miviaion of .Parer Supply of •4 V. tit i „ty,-• r,. • 1 - Puget BoundYParrar dc`:Light C=Parwi' " w . 8 ■ Ali props a �i `: ag Puget' Saurid Tower &Light Company located outside the , bbju idax3e�"aP:'Snohomi sh County and Camano -• ` Island, and such. re al pro' ; dt •the ; Comgparzy upon which no =" •' �� to be ac '. properties quire�''$he''District .hereunder are located. - - ' ---•~.•�. � -_ 't.. .ice -. .,�� ~• �' • ' ...••V •~L•• • ft EXHIBIT A-1 LIST OF AUTOMOTM EQUIPMENT IN SNOHOMISH COUNTI AS OF JUNF 1 1242 ITEM QUANTITY UNIT Automobiles, Trucks and Trailers Located at Everett Sedan, 2-door, 1938 Chevrolet Model NB, co. no. 115. . Sedan, 2-door, 1941 Chevrolet, Model AG, co. no. 133. Sedan, 4-door, 1942 Ford, 6.cylinder. co. no. 155. Sedan, 4-door, 1947 Chevrolet. Model EKD, co. no. 166. Truck, 1/2 ton panel, 1946 Chevrolet, Model DP, co. no. 238 Truck, 1/2 ton pickup, 1947-Dodge.- Model WC, co. no. 269. Truck, 1/2 ton pickup, 1949 Ford, Model F-1, co. No. 291. Truck, 1/2 ton pickup, 1949Fora' ,- Model F-1, co. no. 292 Truck, 1/2 ton pickup, 1938 Chev- rolet, Model EC, co. no. 438. Truck, 1/2 ton pickup, 1938 Chev- rolet', Model EC, co. to. 439, Truck, 1/2 ton pickup, 1938.Chev- rolet, Model HC, co. no. 459..:.- Truck, 1/2 ton pickup, 1939 Che" rolet, Model JC, co. no. 479. Truck, 1/2 ton pickup, 1940 Chev- rolet, Model KC, co. no. 487. Truck, 1/2 ton pickup, 1940 Chev- rolet, Model KC, co. no. 490. Truck 1/2 ton pickup, 1940 Ford, co, nu. 494. 1 Ea. 1 Ea. ' r . 1 Ea. 1 Ea., 1 Ea. 1 Ea. ... 1 Ea• 1 Ea. 1 Ea. .I 1 Ea. 1/5 ' ...� LIST OF AUTOMOTIVE EQUIPMENT IN SNOHOMISH COUNTY AS OF JUNE 1. 1949 ITEM UAL UNIT Automobiles, Trucks and Trailers (continued) Located at Everett (continued) Truck, 1/2 ton pickup, 1940 Chev- rolet, Model KC, co, no. 498.' 1 Ea. ` Truck, 1/2 ton pickup, 1941 Chev- rolet, Model A.K. co. no. 521, 1 Ea. Truck, Suburban Carryall, 1941 Chevrolet, Model AK,,co. no. 523. 1 Ea. Truck, 1/2 ton pickup, 1941 Dodge, Model WC, co. no. 573. 1 Ea..; Truck, 1/2 ton pickup.,"1942 Chev- rolet, Model BK., co, no..574. 1 Ea. , Truck, 1-1/2 ton Stake, 1938'Chev- rolet, Model TD, co. no.,.642e ; `,.,.: 1 Ea, Truck, 1-1/2 ton Chassis�'and Cab, 1938 :4: Inteniational, Model D30 with 153-inch wheel base, co.'no. 651...; 1 Ea. Truck, 3/4 ton special pickup., -1 Chevrolet, Model JE, co. no. 655.: 1 Era'-. .. Truck, 2-ton Chassis and Cab, 1937 Dodge, Model MH47, co. no. 722. 1 Ea. Truck, 2 1/2 ton Chassis and Cab, 1947 Dodge, Model WJA, oo. no. 743■ 1 Ea., Truck, 2-1/2 ton Chassis and Cab, 1948 Dodge, Model BYR-72, co. no. 804. 1 Ea. Truck, 2-ton Chassis and Cab, 1937 Mack Jr., Model 31MB, co. no. 827e 1 Ea. Truck, 2-1/2 ton Chassis and Cab, 1946 Diamond T, Model 614 HS, co. no. 840. 1 Ea. Truck, 1948 Marmon -Herrington all wheel drive Ford truck, Model H5-4, co. no. 918, Model HDB body with Highway Model HD Earth Boring Machine. 1 Ea. :r 2/5 LIST OF AUTOMOTIVE EQU3,1MENT IN SNOHOMISH COUNTr AS OF JUNE -Is- 1949 ITEM •'y. ,_ .. Aq� � .. Automobiles, Trucks and Trailers (continued) Located at Everett (continued)' Trailer, 5—tan, 1938'Standard Equip- ment Company, single axle, 4-wheel pole trailer, Model SL10 built accord— ing to.PSP&L Co. Drawing A 1188,• co, no. 986. Ea. Trailer, 2-1/2 ton, 1938^Z,t idard Equipment Company, single axl4,' 4--uheal pole trailer, Model SL6 built'accord- ing to PSP&L-.Co.- Drawing H 1113, co. no. 1001. Trailer, 2 1./2 ton, 1938 Standard Equipment Company, single •ax1.a, 4,•- _ wheal, pole trailer., -Model SL6 'built according to PSP&L Co. Drawing, - co. no. 1002. Trailer, 2-1/2 ton,` 1938 '-Stienciard' Equipment Company,: Single, axle, xheel, pole trailer; 'Model Si;b bLUt. _. according to PSP&L,-Co Dirai,�ieg $-•]113 co. no. 1003'.: - 1 Rao Trailer, 1-ton, 1941 Nasb4elv.� single axle, 2-wheel pole,traller, co. no. 1025. 1 �, Trailers-; 3 1/2 ton, 1948. L�argrern 2 axle, 8-wheel pole trailer, co. no. 1041. - 1 ?a. Trailer, 1-ton, 1941 Nash-Sely* single axle, 2-wheel pole trailer, co. no. 1054. Truck, 1/2 ton pickup, 1947 6—cylinder Ford, co. no. 270. 1 Ma, Truck, 1/2 ton pickup, 1941 Chevrolet, Model AK, co, no. 522, 1 Ea• K: LIST OF AUTOMOTIVE EQUIPMENT IN SNORMUSH COUNTY AS OF JUNE 1 1949 Yr� ITffi[ QUANTITY UNIT ;•+?�; Automobiles, Trucks and Trailers -(oontinued) :t Located at Arlington (continued) is Truck, 1-1/2 ton, Stake body, 1936 Dodge, Model LE31, co. no. 634 Truck, 2-ton Chassis and Cab, 1940 GMC, Model AC454, co. no. 732 1 Ea. Trailer, 2-1/2 ton, 1938 Standard ;;;... Equipment Company, single axle',''. ' tour -wheel pole trailer, Model : SL6, built according to PSP&L Co. Drawing H-1113, co- no.'1004 , 1 Ea. Located at Stanwood Truck, 1/2 ton pickup, 191+6 Ford L-8; Model 59C, co. no. 220 _ 1 Ea .x�;:,:• i. Located at Monroe Truck, 1/2 ton pickup, 1948 Dodge, Yodel B1B108, co. no. 282 - 1 Ea. '• Truck, 1/2 ton pickup, 1941 Chev- t_-, rolet, Model AMC, co. no- 515 1 �. .- ? Truck, 2-ton Chassis and Cab, 1941 GMC, Model CC454, co. no. 733 1 Ea. _ ivoated at Snohomish - ;;,� Truck, 1/2 ton pickup, 1941 Chev- ,::. rolet, Model AK, oo. no. 507 1 Ea. Truck, 1/2 ton pickup, 19!2 CheT- rolet, Model BK, co- no- 571 1 Ea. r. ` Located at Edmonds ►.' Truck, 1/2 ton pickup, 1948 CheT- ==Y rolet, Model FP, oo. no. 268 1 Ea. x• Truck, 1/2 ton pickup, 1918 Dodge Model B1B108, co. no. 281 1 Ea. Truck, 1/2 ton pickup, 1939 Chev- rolet, :Aodel JC, co. no. L46 1 Ea. Truck, 1/2 ton pickup, 1942 Chev- rolet, Model BK, oo. no. 570 1 Fsa. 4/5 ��:v�'1\.�. � �4� s 4 •ice: •'`- • a•. :;.mac K y r-•.. 1C + - .-fie . e • .• _ 't. r•� ;?~•�-'{•�LSjS't'i`�'.`'.:�•rvi+.y."4 ^ ✓ ::. •. • . 1``' �'� ixiriy� :.rti..-• ^S:zsn e:.ii; S. rS1- w<< LIST OF AIMMOTIVE' EWIPIMT IN SNOROUISA COUNTY AS OF" JUNE I, 191e2 r ' 'ITEM ;. - QUANTITY UVIT Automobiles, Trucks .and Trailers, (continued). =; Located at Edmonds: (continuad) ' r.• Truck; 1-2/2 ton Chassis. and Cab, 1939- Dodge; Yodel -TF3?; oo.: na. 657 1 Ea. Trailer,' I-ton,.191p2 ga*h-xei9., single axle, two heel pole railer, ao. no. 1033 lrwr, .. ti i� r. r• ' i• r... 5/5 �..� .. _. ....- -..... mot. � 1- -r'.i "•};fi. "}4�L. : i'r r'r •. ..ti_.t+• rr.. .. Sa: • �' i,+.i ••_ ••.,,�...-.-._ .. ,s+_- _ ter' - - - i`• :}'7yrw'�'.• :r: T��a�r. y"`~-1••�•- •'•I `- ,'�Re r', •.f i�_', •.s+ ... ,/� � r /��� ` • �PQ�T©^ i" 1t►.i aA Vf JJi� T \ V 4aJ Fong�LIGHT -ELECTRIC "R9Vzff S# '$ILOYfATT HOURS SOLD ' SNOHOMISH. COUNTY PLUS CAAMO Numbe r Title 946 _Customers - December 31 - �?600 Residential Sales 31,089 602.1 Co]omerc ial Sales 3.467 `602.2 Industrial Sales, 104 603 . Public St. & Hgq. Ltge 14 •;.'604 Other Sales to Public -Ruth'. 15 .=. 605 Other Electric Utilities -0- -'Total Customers Y ` x ! 6$ "ti ♦ Electric Revenue Sales of Electric Energy► . 600 Residential Sales #1,199�476.34 602.1 Commercial Sales ".. ,- 726,317.35 602.2 Industrial Was 681,752.70 :�.. 603 Public St. & Hgy. Ltg. 35,697.06 604 Other Sales to Public Auth. 19,9$0.69 'err, 605 Other Electric Utilities -0- Total Sales of Elea. Baer (224 "• ' - Other $lectria R v n - AND CUSTOUEi3S e e ues _ .610 Rents from Blec.''Property 3,333.38 a. .615.1 Viso. Electric ReT, .: 6,55i.56 615.2 Prepaid Revenue - Line SztT 9,66Q•91 615.3 E.H. & F.A. Service Charge -0- ` Total Other Elea. Rev. #. 19,54.85 ....5 Gross Electric Revenue 6F33:769.99 Kilowatt Hours Sold = 600 Residential Sales . 66,975,361 602.1 Commercial Sales 34.954,593 602.2 Industrial Sales 121*082,284 603 Public St. & Erj. Ltg. •-.1,167,825 604 Other Sales to Pub. Auth. 1,412,050 605 Other Elea. utilities -0- Total Koh Sold 225,592rllj 1947 32'816 3, 712 101 114 12 31,387,736.36 827,941.24 765,105.53 39,233.64 2o,996.61 3,231.60 2,229.04 7,946.8o 6,836.27 -0- $ 17,012.11 34,372 3,859 94 21 11 •1 $1,600,10508 924,680.01 803,137.89 40,591.67 25,954.19 5,052.00 2,997.01 9,103.91 9,274.91 -0- 21:375.8 3 $3,061.257.09 $3,42o,896.97 83,970,75E 39.017,287 142,523.975 1,247,135 1.619,345 362,68o 268 , 7La ,180 1o4,29E,571 43,639,305 145,938,987 1.307,809 2,144.173 641,640 297,970,485 I RECEIPT PUGET SOUND POWER & LIGHT COMPANY hereby acknowledges receipt from PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, through The National Bank of Commerce of Seattle, of the fol- lowing: 1. Six Million Dollars ($6,000,000), aggregate principal amount, United States Treasury Bonds, 2%, dated Decem- ber 1, 1944, due December 15, 1954, redeemable on and after December 15, 1952, of the denomination_ of $,1,000,000 each, with December 15, 1949, and subsequent coupons attached, such bo ds being numbered from _ 3a7S� 8 �� both inclusive. , 2. The sum of $10,775,450,48 represented by Cashier's checks of The National Bank of Commerce of Seattle, dated August 31, 1949, payable to the order of Puget Sound Power & Light Company, bearing numbers and being in the amounts as follows: No. 67639 in the amount of t 40431.79 Y No. 2402 in the amount; of 00 000 00 No. 2403 in the amount of 900,600,U .5 ... No. in the amount of g00,00g.00 ITo. 205 in the amount of 900,000.00 No. 2 06 in the amount of goo 0 0 IIQO- No. in the amount of 4 900 000_00 No. 2h08 in the amount of y 900, 000.00 No. 2h09 in the amount of A goo,Q00.00 No. 2410 in the amount of � 90o,000.00 ' No. 2l11 in the amount of 90U,0oo,00_ j, _ No. 2412T in the amount of S 9002000.00 No. 2413 in the amount of $ 426,018.69 The foregoing are hereby accepted in full payment of thf purchase price payable under the Agreement of Purchase and Sale between Puget Sound Power & Light Company and Public Utility Dis- trict No. 1 of Snohcmish County dated June 17, 1949. DATED September 1, 1949. PUGET SOUND POWER & LIGHT COMPANY B Treasurer CERTIFICATE OF SECRETARY STATE OF WASHINGTON "elected, COUNTY OF SNOHOILISHI, , do hereby certify that I am the duly lified and acting Secretary of Pub- lic Utility District No. 1 of Snohomish County, Washington, and the custodian of its records; that the attached and foregoing is a full, true and correct copy of Resolution No. 1-6-0 entitled, "A RESOLUTION Authorizing the Execution of an Agreement of Purchase and Sale between Puget Sound Pourer & Light Company and Public Utility District No. 1 of Snohomish County, Washington, covering the transfer to the District of cer- tain electric properties," together with Agreement of Purchase and Sale between Puget Sound Poorer & Light Company and said District therein referred to, which Agreement was executed by the President and Secretary of the District on the day of June, 1949, pursuant to said resolution; and tha. sa'-d •r solution was duly adopted by the affirmative vote of"' of the Commissioners of said District at a special meeting regularly held on June L��., 1949, at which all members of the Commission were present; that said. resolution has not been altered, amended or repealed and the same is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and af- fixed the official sNal of said District; this '-Y day of June, 1949. 'ecretary of Public Utility District No. 1 of Snohomish County, 'Washington (SEAL) RESOLUTION NO. /e/ A RESOLUTION Authorizing the Execution of an Agreement of Purchase and Sale between Puget Sound Power & Light Company and Public Utility District No. 1 of Snohomish County, Washington, covering the transfer to the Distract of cer- tain electric properties. BE IT RESOLVED by the Commission of Public Utility Dis- tract No. 1 of Snohomish County, Washington, that the President and Secretary of the Commission be and they are hereby alit pr- ized and directed to execute and deliver for the Commission that certain Agreement of Purchase and Sale between Puget Sound Power w Light Company and the District, a copy of which agreement is hereto attached and made a part hereof, covering the transfer by the Company to the District of the electric properties therein described. PASSED AND APPROVED by the Commission of Public Utility District No. 1 of Snohomish County, Washington, thisi/ay of June, 1949. President ATTE. T Secretary Commissioner RESOLUTION NO. RESOLUTION TITLE DATE 173 Resolution appointing individuals to Sept. 1, 1949 certain executive and administrative positions of the District. ti ,� /174 Resolution accepting proposal of the Sept. 1, 1949 Puget Sound Power & Light Co. of Aug. 31, 1949 to perform certain eng- ineering services and certain customers billing services for the District . 175 Resolution establishing rates and Sept 1, 1949 conditions of electric service. 176 Resolution approving salaries and rates Sept. 6, 1949 of pay for the employees of PUD #1 of Snohomish Co. 177 Resolution establishing regular dates for Sept. 6, 1949 issuance of the District payroll to employees of the District. 178 Resolution authorizing the transfer of the Sept. 6, 1949 sum of $49, 960. 68 on Sept. 20, 1949 and the sum of $49, 960.16 each month beginning Oct. 20, 1949 to and including Jan. 20, 1950 from the Revenue Fund of the District to the Interest Account in the Bond Fund. 179 Resolution authorizing the transfer of Sept. 6, 1949 monies each month fromthe Revenue fund of the District to the Reserve Account in the Electric : cvenue Bond Fund, Series of 1949. 180 Resolution relating to employees' credit Sept. 6, 1949 union. 181 Resolution accepting proposal of R. W. Sept. 6, 1949 Beck and Assoc. to act as Consulting Engineer for the District and establishing their compensation, therefore: 18Z Resolution establishing the position of Sept. 14, 1949 Purchasing Agent and appointing James Haggart to said position. 183 Resolution creating certain positions Sept. 14, 1949 and naming rates of pay for accounting, purchasing and budget depts . RESOLUTION NO. RESOLUTION TITLE DATE 154 Resolution adopting budget of estimated Aug. 31, 1948 expenditures for year 1949. 155 Resolution amending resolution No. 149 Nov. 30, 1948 156 Resolution providing for additional steps Nov. 30, 1948 in connection with the acquisition of certain electric utility properties of the Puget Sound Power & Light Co.. 157 Resolution authorizing and approving the Feb. 17, 1949 participation in the State Employee's Retirement System by the Employees of PUD #1 of Snohomish Co. 158 Resolution authorizing the purchase June 30 , 1949 of $15, 000. 00 par value US savings Bonds Series "G" and to use therefor the sum of $9.. 000. now deposited in the Lk. Stevens Bond Fund of the District and $6, 000. now deposited in the Lk. Stevens Constructio n Fund of the District. 159 Resolution providing for additional steps June 17, 1949 in connection with the acquisition of certain electric utility properties of the Puget M Sound Power & Light Co. i !� 160 Resolution authorizing the execution of June 17, 1949 an agreement of purchase and sale between Puget Sound Power & Light Co. and PUD #1 of Snohomish Co. l No. 149 June 22, 1949 161 Resolution repealing Resolution as amended by Resolution No. 155 and Resolution no. 150 and abandoning the condemnation action authorized by said resolutions; and authorizing and directing the attorneys for the District to dismiss its pending condemnation action against Puget Sound Power & Light Co. 162 Resolution authorizing acceptance of July 14, 19,,9 preliminary permit for proposed power project No. 1993 - Washington, Snohomish County PUD #1. 163 Resolution disignating the Everett Federal July 29, 1949 Savings and Loan Assoc. of Everett as depository of this municipal corporation RESOLUTION NO. RESOLUTION TITLE DATE 143 Resolution appointing Ivan Bloch consultant Jan. 14, 1948 and authorizing contract and agreement to be entered into by and between PUD #1 of Sno. Co. and Ivan Bloch. 144 Resolution transferring the sum of Feb. 27, 1948 $95, 461. 80 from the Bev. Pk. Operating Fund to the Bev. Pk. Construction Fund . 145 Resolution authorizing purchase of site Apr. 14, 1948 adjoining site of Well Site #3. 146 Resolution transferring the sum of Apr. 30, 1948 $3906.25 from the Lk. Stevens water District operating fund to the Lk. Stevens Water District Revenue Bond Fund. 147 Resolution transferring the sum of Apr. 30, 1948 $968.75 from the Bev. Pk. Water Dist. Operating Fund to the Bev. Pk. Water District Rev. Bond Fund. 148 Resolution - corporate resolution of May 14, 1948 authority. 149 Resolution establishing a public utility Aug. 23, 1948 and providing for the acquisition, by purchase or condemanation of certain properties for the transmission and distribution of electricity. 150 Resolution authorizing attorneys to institute Aug. 31, 1948 and prosecute an action or actions in the proper court for the acquisition by con- derunaation of certain properties used for transmission of electricity owned or operated by Puget Sound Power & Light col in Snohomish, Island and King Counties. 151 Resolution designating as a depositary for Aug. 31, 1948 the funds of this corporation the Peoples National Bank of Washington in Seattle. 152 Resolution on preparation, filing and Aug. 31, 1948 hearing of proposed budget for calendar year 1949. 153 Resolution announcing office to be filled Spet. 30, 1948 at election of Nov. 2, 1948. RESOLUTION NO. 1:�0_ A RESOLUTION authorizing attorneys to institute and prosecute an action or actions in the proper court or courts for the acquisition by condemnation of certain properties used or useful for the transmission and distribution of electricity owned o_ operated by the Puget Sound Power & Light Company in Snohomish, Island and King Counties, Washingtonl, and providing for the manner of payment of compensation therefor and any dam- ages incident thereto. IT IS RESOLVED by the Commission of Public Utility Did- triet No. 1 of Snohomish County, hereinafter called the "District": Section 1. In order to effectuate the provisions of Resolution No. 149 of the District, adopted August 23, 1948, and the system or plan specified and adopted therein, Clarence J. Coleman and Houghton, Cluck, Coughlin & Henry, attorneys for the District, be and they are hereby authorized and directed to institute forthwith and prosecute to a conclusion in the District Court of the United States for the Western District of Washington, Northern Division, or such other court or courts as may be necess- ary or advisable, an action or actions in,the name of the District, for the acquisition by condemnation of properties used or useful for the transmission and distribution of electricity now owned or operated by the Puget Sound Power & Light Company, a Massachu- setts corporation, in Snohomish County, Washington, together with a certain transmission or high voltage distribution line extend- rind; into King County, and certain luw voltage distribution lines extending into Island County, Washington. The properties to be so acquired comprise an existing . transmission and distribution system and are specifically set forth and, described i;i said Resolution No. 149, to which reference is hereby made, Section 2. The acquisition of the properties aforesaid for the purposes provided in Resolution No. 149 is a public necessity and is for a public use. .m Section 3. lompensation,-for the taking Of said prop- erties and for damages, if any, incident thereto, shall be paid and payable only from the proceeds of sale of the bonds author- ized by Resolution No. 149. Section 4. Nothing in this resolution shall be con- strued as a waiver by the District of the right to decline to take or damage any or all of said properties and to pay the com- pensation therefor and damages incident thereto, after the amount of compensation and damages have been ascertained, and within the time allowed by law. PASSED by the Commission of Public Utility District No. 1 of Snohomish County this 23rd day of`August, 1948. Attest: 100, ecre ary mmIss oner 7 Preslaent (Official Seal of Public Utility District No. 1 of Snohomish County) 2 RESOLUTION NO. 1;5 . A resolution providinf, for additional seers in connect•-nn with the acquisition of certain electric utility properties of the Puget Sound Power & Light Company by Public Utility District No. 1 of Snohomish County, Washington. i;:. _:.018, t.hp District desires to again engage Guy C. LVere as Fiscal Agent to nyF'c-tlate for the purchase by the District of certain electric istrh;ti-r_ properties now serving the District, together rith t;Hr.erating and transmission properties, all operated by the i'u;.F.'• found Power and Light Company, and '.' i.k , it. a_ :le�sirable that the District accompany any offer which -1rht .ar-,rcve. with evidence of ability to finance such acquisition, =S 7LESOLVED P, TI•M COLLIIJSICIy OF PUBLIC T_T• 7LITY D1STRICT ?SH COMITY, WASHIt;GTONs 1. That (Iiiy Co. Meyers is herehy employed, and is authorized s.r:i' `]i.rFC'•r-c1, as Fiscal Agent for the District to conduct negotiations rii.th the =et. Sound Power & Light Company and determine the most t.f•r1 upon which the properties may be acquired which are r: Exln i t f t A, attached hereto and made a part hereof. Any 1,e sut:r'_tted to the District for its consideration, and r:,-ve , sl:<<11 i-r en:bcdied in an offer for acceptance by the rm , r in a formal contract to be executed by the company and Y Ji.s` r, Ct. 1-viers ^theI;;ire shall perform the services and in accordance with the terms of the contract hr tart. ^' .r� - E-xecctec 1,y the District and W. Yyero on June 3O, 1947, yet Y.at In the event that the District and the C^mnary r r:-• -. , ..- . cQrporati an to t:e crgi n' z•ed) enter into a contract of such electrical properties, th;:t certain contract '�•etxeen J c h n :duveen & Company and Associates and the i ctoi.er '�, ic. 47 shall thereupon be extended for ninety ,, . .., rX"Cl1?•i rn of the ccr,tract by the District and the Puget C":,71T F!`:y (or a non-profit corporation to be at the interest rate on the bonds shall be a„ii John ?duveen & Company and Associates re•rFrue bonds in anount sufficient to ennhle �.1: ccsts C:f ac'011{r1r,,7 the electrica_ properties F !o, rnv de P:r sufficient working capital, and for ' t c'-•t r-.es':ts ird extensions to suds properties. Unless ': ':.•a1 agreement, mach contract with John Nuveen ;: ;;•, ,. r.•r - A, F ;c`r:te5, end all rights of Moth parties thereunder, Shp,,_ ?,ear `:,r_;e no 1.atFr tl.r�n six crontl-is frog 6he date hereof. L -.11 WL- AT- C,"TED this— 30th - day of Yovember 194 . 81M President tary RSOLGTIO,d 1110.— �--- A resolution providing for additional steps in conr,80tion With the acquisition of certain electric utility properties of the Puget Sound Power & Light Company by Public Utility Dis— trict NO. 1 of Snohomish County, Washingt^n :lfilP.c^,,5, the District has heretofore entered into a contract under +sate Of June 30, 19.;7, with Guy C. Myers employing hi7a as Fiscal A ant for the purchase by the District of certain electric utilityp to negotiate Puget Sound Power do Light Company now serving in and about he District;perties oandhe the UTIERE ..,, it now appears that the negotiations of the Fiscal Agent for Purchase of said properties have progressed to the runt where such purchase seems feasible of cocsummation; and Wf";1-IS4S, it Is essential that the District demonstrate its ability to finance the proposed acquisition; ^'P.IE •'L'r , IT IS 3F,001%11M ^Y THE CC^^ I SIC`( ^r PUBLIr UT LITf DISTRICT�:. 1 ..F �. r.G:! SH C: .: I.i�1, Y, WA�IIItiGTC�A ; SEC -'ICE 1. That in order to allow sufficient tire for the consummation of such n(-. � t i •r. ti cnfi, and of that certain "Agrr:ement Of Purchase & Sale" between Puget Sound Power and Light Company and the District executed bt the District this date, the aforesaid contract with Guy C. Myers be and the same is hereby extended for a period of nine months from the date hereof and the ccmpensation to t-e said said Guy C. Myers under said contract, what be PAId 20; in cash upon the date of acquisition of the proi,ert,ies deserit,ed it said cent.r�.ct $}• the District, and the balance of 80% in bands of tt.a District to be delivered on such acquisition date, accompanied at delivery legal opinion of Woods ring & Dawson of New York, said bonds to bethe paya,bleovirg frrm surplus rr,venues of the Dietrict, in the manner and at the tirzes sl e-cifipcl in th(� said contract for the payment of they certificat„s of cdness t erc in reu ferred to; such extensior, to he bindin,, b indebt, thi! Dist"ict upon his executing the acceptance eJ.auseonnthe last. I-egerof `1 ccr,v 7.f tf„-' resolution and making, delivery thereof to the SecrFt;xry of the D!,;tr:.c L SEC'"ICN 2. That the President and Secretary of thca Com; issi �n be tiLcY� arr6: hereby authorized and directed to execute and '':sliver f^r t.te ;,rrmissfon tlly-J, certain dgrc-event between John 1;uve n & Co-:f.F,nv rind AssUciat,es .0 the DiRt.rict, -, co-,y of which -3 ,reement is herot, attached and made a i.` 2-t hF. reof, rHlati_.g to the sale by the Distri ct Of the e-leetrJ e revenue be nz ' rrr rr�?esci•it�ecl. 1 I k oi' certain electric utility propertiesofthe Puget Sound Foweryd� `'dht Company now serving in and ut the District; and , it now appears that the negotiations of the Fiscal Agent for the purchase of said properties have progressed to the p6int where such purchase seems feasible of eons,X=8tion; and WlMaES►S, it is essential that the District demonstrate its ability to finance the proposed acquisition; THE -El"C' E, IT IS gMOL'lM BY THE CC,TjISSIO?I OF PUBLIC UTILITY DISTRICT `+C. l CF SNCi:G:1 SH COWTY, WAMINGTONs UC.6 TCtti 1. That in order to allow su'_'Tic t runt time for the consummationof such nC90ti4ticne, and of that certain "Agreement" of Purchase & Sale' between Puget. Sound Power and Light Co;;•pany and the District executed by the District this date, the aforesaid contract with Guy C. Myer$ be and the same is hereby extended for a period of nine months Prom the date hereof and t}e ccmpensation to be paid said Guy C. Myers under sail contract, wha_Il be paid 220% in Cash upon the date of acquisition of the properties described in said contract by the District, and the balance of 80% in bonds Of the District to be delivered on eucb acquisition date, accompanied at delis Legal OPinion of Wood, King & Dawson of New York, id bobdsrtob the approving from surplus revenues of the District, in the raennsaid and at the be times yable a;: Ecifted in this said contract for the payment indebt— edness theret.,, referred to; Such extensiorobef bonding upohe nCbo h �hr, 1-eranti the District upon his Executing tt.e ac:eptance clause on the last page of a COPY Of this resolution and making., delivery thereof to tre Secretary of the District SECTION 2. That the President and Secretary of the COm.ission be r< <ci t}lEv are hereby at:=,.horized and directed to execute and deliver for the ';nrinission tt:at certain Agreement between John Nuveen & Conpany and Associates :.d the District, a cosy of which agreement is hereto attached and made a ::art hereof, relating to the Bala by the District of the electric revenue bc,;,a therein described. day of.�_ V ' t: 9 :7 r - - .- a� .�•�:_ ,...,. �',:rF.,- , �..� Pies; ? y c. C:t,P. �- triduraigned u. ,.y tine. %/.' .1� _ Pw aUTION NO..;_ �-- h TurSCLUMN Authorizing the Execution of aD Agreement of Purchasc, and Sale between Puget Sound Power & Light t.r,;;pany and Public Utility _ District No. 1 of Snohomish CountJ, Washington, covering the trrfns£er to the District of cer— tain electric �,roperties. BE Im 1LaCL;i1) by the Commission of Public Utility District No. 1 of Snohomish County, Washington, trat the President and Secretary of the Commission to and t}iey are hereby authorized and directed to execute and deliver for the Co=.ission that eettain .dgreement of Puxchase and S$-le between Puget ry Sourci` Power and Light Company and the District, a copy of which agreement is hereto attache(!. and made a part hereof, covering the transfer by the Comieny to the District of the electric properties therein described. �,tiD KFFn,_b'L'� by the Cc, fission of iuhlic IItility District 1 of Snohomish County, Washington, this 1T_day of June, 1949. Pi►7T r10 President KeSOlUtlo:t llx) -- The listed attachment was missing as of April 'b �, found in vital doc.s Acquisition Doc°.:merit Summary A". It was micro- filmed out was tee large to insert iri ooc K. `gee file :'or copy. NOTED APR i 1976 RESOLUTION 140. A R•�,SULUTTON repealing Resolution hoe 149 as a:.iended by Resolution 140. 155, and =Resolution iro. 150, and abandoning the condemnation ac- tion authorized by said resolutions; and au- thorizing and directing the attorneys for the District to dismiss its pending condemnation action against Puget Sound Poorer & Light Company. IYFIERF.AS, the District has instituted a condemnation pro- ceedin`; against Puget Sound Poorer & Light Company and Old Colony Trust Company in the United States District Court for the ?Western District of '�1ashinzton, Northern Division, being Cause `io. 20al In the records and files of said Court; and sat Cotirt 1:ns i eretofore sntered a Decree of Public use ai.6 !Necessity in sate', reuse and tLe respondents L3�ere- in i.av�a filar'. a.i a-;-csal ;ro:a ss:i.: Deer6v% of Public 14-3e and 1�ece3s— alty in the United States Court of Appea►la for tho tirth "Arcuitv which appeal is now tending; and vijjE1:tA.S8 the District has entered Into an sEreeme nt with pu&e t 5otuid Forcer k- Light Company under the terms of whleka the District ilea agret d to ab*ndon said condemzmtlon action anci to the sa.-je v►ithaut pre judiev and without costs to any part$ tile :°V.to; -„ r,t � i' IT ti�'.3C�L1'b;D by the ^a:�. ,sslo�a of Fur - et k , .i .a:iP' . l .C: r Pub - lie L ti my .,istrict h.o. 1 of Shobomlah �Ouhty, wlr►�'ctit�petJ2i� tact it Resolution 1:o. 149 adopted by the Commjssi� ,j of the 11strict on Au'-;ust ' 3, 19 3, and as amended by Resolution i.o. 155 Of t3°e Dis- trict, and Resolution No, 150 adopted by the Commission or t�-s ')istrict on the same date, be and the same are hereby reps&led and that the condemnation action against Puget Sound Potar M Light Company authorized by said resolutions be fluid U, , . &me is hereby abandoned. IT ?'ORIN-Elt RESOLVED$ that kessrs. Cl&rerice j. Coleman and Houghton, Clue, Coughlin & Henry, attorueys for the Dis- tract, be and they are hereby authorized and directed to cause said appeal now pending in the Court of Appeals from the Decree of Public Use and Necessity to be diamisse.d, and to canse said c,nde::_naticn action pending in the L)13trlct Court to bt, abala- ?.ra . find .Iismissed without prejudice and without costs to ar4 cart: therel-o; and that such attorneys are authorizod and directed to take all steps deemed by there necessary or des'irablo to *CtO n- vilsh the foreEoing, including the execution on beba.lf of th* 1'istrict. o:' ann y stipulations, :notios or other papers. Ai\ti H'1-,'0VKD by the Co i6sio3' of Pubiit'. "'t 111ty District 1 of bnohomish County, -Washin..1-to:n, this of June t} Secretary VOL----omrx 10 81 nne,- .4p, I,IC.189v CITY OF EDMONDS 250 5TH AVENUE NORTH • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221 COMMUNITY SERVICES DEPARTMENT Public Works • Planning • Parks and Recreation • Engineering CITY OF EDMONDS BLANKET PERMIT POLICY FOR FRANCHISEES BARBARA FAHEY MAYOR Pursuant to the authority vested in the City Engineer pursuant to such documents as Ordinance 297, Franchise Agreement between the City of Edmonds and Snohomish County P. U.D. No. 1, this policy is promulgated effective from the period from the date of issuance through December 31, 1997. This policy is effective only within the corporate limits of the City regarding work done pursuant to street use and other similar permits. No procedures established by this policy or actions taken hereunder shall vest any continuing right in any franchisee. The provisions of the policy are intended to supersede existing procedures only to the extent that the existing procedures are specifically contradicted herein. All other procedures shall remain in full force and effect. Cancellation of the policy on December 31, 1997 shall not void any permit, then in effect and such permit shall be continued for the period for which it was issued. The City shall, however, have the right to terminate this policy for cause as provided below. 21erIt3it 7vne.. Bad Order Pole Replacement: i.e., removal of such poles and replacement of like poles and facilities to City standards as described in the ordinance and the Right-of-way Construction Manual. Conditions of Bad Order Pole Re Iacement Permits. Such permits require no review or approval of work by the City Engineer. Work shall be performed to City standards and specifications and under conditions set forth in all City codes. For tracking of work performed under the blanket conditions, a facsimile shall be sent at the beginning of each working day listing the addresses of work to be performed that day. No work shall be performed under the blanket policy prior to notification via facsimile. Such permits shall have an expiration date of 120 days after issuance. Payment. Payment for permitted work shall be billed quarterly by the City. The billing shall be calculated by totaling each separate use of right-of-way over a �Cr (4) month period. . 4hrM_(3) "aA p t Termination For Cause. The City reserves the right to terminate this policy for cause at any time, and either the policy or any permit issued hereunder may be terminated due to the failure of a franchisee to comply with any written term of this policy or an incorporated standard or code condition. Termination shall be effective immediately upon written notification. Written notification shall be deemed accepted within forty-eight (48) hours of the date such notification is deposited, post paid, in the U.S. mail to the address shown on the franchisee's franchise agreement or permit application. Written notification shall terminate any and all permits then outstanding. PUD.DOC + Incorporated August 11, 1890 0 Sister Cities International — Hekinan, Japan Indemnification and Hold Harmle s. The franchisee applying for issuance of a blanket permit promises to hold harmless and indemnify the City from any and all liability arising from or out of the issuance of such blanket permit. The indemnification and hold harmless provided in the underlying franchise agreement shall remain in full force and effect provided, however, that both indemnification provisions shall be subject to the same terms and conditions set forth in the underlying franchise document. By way of illustration but not limitation, such limitation shall include such provisions as are included in Ordinance 297 and other City franchise documents. This policy has been posted and copies mailed to City franchisees on the ) 3 tb day of M rc 1997. It shall be effective as to any franchisee when a copy has been duly executed, is acknowledged by a franchisee and returned to the City Engineer in care of the City Clerk, 505 Bell Street, Edmonds, Washington 98020. By direction of: v' e.W,pk - James Walker, P.E., City Engineer Blanket permit policy accepted by: Title: Franchisee STATE OF WASHINGTON COUNTY OF K NG �'4!0 l a ►n ri� A I certify that I know or have satisfactory evidence that David S. Behar is the person who appeared before me, and said person acknowledged that he/she was authorized to execute the instrument and acknowledged it as S r . Regional Mgr. of Snohomisho nt P D #1 to be the free and voluntary act and deed of such party for the uses and purposes mentioned in this instrument. "V J::7'4"4- AV ty e- (PrintlName) NOTARY PUBLIC My appointment expires: 2 PUD.DOC PUS 2320 California Ave., Everett, Washington 98201 ALpine 9-9666 P. 0. Box 1107 Everett, Washington 98206 April 21, 1972 The Honorable Harvey Harrison Mayor, City of Edmonds 250 Fifth North Edmonds, Washington 98020 Dear Mayor Harrison: Enclosed is our standard underground easement form covering the location of the proposed underground facilities to serve the new locker building within Yost Memorial Park. It is the District's policy that we receive this document prior to the installation of our facilities in the existing duct work to this building site. The necessary officers must sign this easement and have their signatures acknowledged by a notary in the space pro- vided on the reverse side. A self-addressed envelope is enclosed for your convenience in returning the document. Also enclosed is our sketch A-1155 showing the approximate location of the underground service in red. Should you have any questions relating to this matter, please feel free to have members of your staff contact Mr. Sundin of our Right of Way Department at 259-9729, Everett. Enclosures Yours very truly, ' Jr. Manager RECEIVED