HomeMy WebLinkAboutCAG2000-0415 - Original - Puget Sound Energy, Inc. - Pole Attachment Agreement - 10/02/2000 PSE 206 287 3933 10/02/00 15:14 5 :02103 N0:406
PALE ATTACHMENT AGREEMENT
This Agreement, dated as of /o-Z — 2000, is made by and between Puget Sound
Energy, Inc., a Washington corporation ("Puget"), and the City of Kent ("Kent"),
1, Puget hereby grants to Kent permission, on the terms and conditions specified in this
Agreement, to install, maintain and use Kent's traffic warning mirror on one (1) of Puget's poles,
as designated on Appendix A and made a part hereof. Kent's mirror and related equipment (the
"Equipment") consists of a convex mirror and mounting hardware located on pole number
16514 1► .
2. The Term of this Agreement shall commence as of the date ofthis Agreement and shall
terminate on the earlier of the following to occur:
(a) Upon any five-year anniversary of the commencement of the Terns, provided that
either party has given the other written notice of termination at least sixty (60) days
prior to such anniversary; or
(b) Written notice of termination is given by Puget to .Kent upon Kent's failure to cure any
default raider or breach of this Agreement by Kent within thirty(30) days after Puget
gives Kent written notice of such default or breach.
3. Upon execution of this Agreement, Kent shall pay to Puget an application processing
fee in the amount of 8100.00.
4. The permission granted herein is personal to Kent and shall not be assigned in whole or
in part without prior written consent of Puget.
5. Kent shall install the Equipment and, thereafter, at all times maintain and operate such
Equipment in a skillful, lawful, and proper manner satisfactory to Puget, Kent's installation and
operation of the Equipment shall not in any way interfere with any power line, telephone line or
other facility attached to Puget's poles,
6, Kent shall bear all expenses in connection with the installation, operation, and removal
of the Equipment.
7, in the event of an emergency, Puget may relocate the Equipment and take such other
action affecting the Equipment as Puget deems appropriate in the circumstances. Kent's
emergency phone number is 253-856-5564.
8, Within thirty(30) days of the termination of the Term of this Agreement, Kent shall
remove the Equipment from Puget's poles. At the expiration of such thirty(30) days all rights of
Kent to use such poles shall terminate, If Kent fails to remove the Equipment from such poles
within such time, Puget shall have the right to do so at Kent's expense. Such removal., whether by
Puget or Kent, shall not release Kent from any obligation accruing prior to,or arising out of, any
incidence which occurs prior to such removal.
9. Any notice to Kent hereunder shall be deemed given on the date of its deposit in a
United States post office enclosed in an envelope, postage prepaid, and addressed to Kent.
PSE 206 287 3933 10/02/00 15:14 ff :03/03 N0:406
Pole Attachment Agreement
Page 2
10. Kent has obtained or hereby agrees to obtain from public nuthorities and private
owners of real property any and all permits, licenses or grants necessary for the lawful exercise of
the permission hereby given.
11. To the extent permitted by applicable law, Kent releases and shall defend, indemnify
and hold harmless Puget from any and all claims, losses, costs, liabilities, damages and expenses
(including, but not limited to, reasonable attorneys' fees) arising (whether before or after the
termination of the Term) out of or in connection with activities performed under this Agreement,
including, but not limited to, the attachment of the Equipment to the poles, the operation of the
Equipment during the Tenn, and the removal of such Equipment; provided, however, that Kent
shall not be required to so defend, indemnify, or hold harmless Puget from any claim, loss, cost,
liability, damage or expense to the extent the same is caused by or results from the negligence of
Puget or its agents, employees, or representatives.
Kent: Puget:
City of Kent Puget Sound E rgy, Inc.
By: 4By: Al'ew� 4�
i� .1'/l�
O'Connor
Its 1' �}
: � its: Manager Communications Siting Services
Date Signed: 11116 Date Signed: /d
Address: Address:
Attn. Shane Gilbertson Attr, Joint Facilities Administrator
220 - 4th Avenue S. P,O, Box 90868 XRD-01
Kent, WA 98032-5895 Bellevue, WA 98009-0868
t i
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