HomeMy WebLinkAboutLAG99-001 - Original - Puget Sound Energy, Inc. - Install, Maintain and Use Internal Communications Cable on 78 Poles - 04/01/1999 POLE ATTACHMENT AGREEMENT
This Agreement, dated as of April 1, 1999, is made by and between Puget Sound Energy,
Inc., a Washington corporation("Puget"), and the City of Kent, a Washington municipality
("Kent").
1. Puget hereby grants to Kent permission, on the terms and conditions specified in this
Agreement,to install,maintain and use Kent's internal communication cable on 78 of Puget's
poles, as designated on Appendix A and made a part hereof. Kent's communication conductors
and related equipment(the "Equipment") consist of fiber optic or copper cables located Kent
Kangley Road between 116th Ave. SE and Fire Station#5.
2. The Term of this Agreement shall commence as of the date of this Agreement and shall
terminate on the earlier of the following to occur:
(a)Upon any five-year anniversary of the commencement of the Term, 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 under 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 Five Hundred ($500.00).
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 vike such other
action affecting the Equipment as Puget deems appropriate in the circumstances. Kent's
emergency phone number is 206-972-4757.
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.
Pole Attachment Agreement
Page 2
10. Kent has obtained or hereby agrees to obtain from public authorities 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 Term, 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 Energy, Inca
By• By:
John Bond Duane Henderson
Its: Traffic Specialist Its: Manager Standards and Work Practices
Date Signed: Date Signed:
IF
Address: Address:
Ann. John Bond Attn. Joint Facilities Administrator
220 -4th Avenue S. P.O. Box 90868 (MER-04S)
Kent, WA 98032-5895 Bellevue, WA 98009-0868
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Jim White, Mayor
Richard Rucker
Joint Facilities Administrator
Puget Sound Energy
815 Mercer Street
Seattle, WA. 98109
Dear Mr. Rucker
I have signed the Puget Sound Energy's Pole Attachment Agreement and
sending it back to you with a check for$500.00 for the processing fee.
If we can have the bids completed this month we plan to start t he 1 st of April this
year.
I have talked with Dave Abbott and he said it was ok to start work.
If you have any questions please call me at 253-859-3388
Very truly yours,
John Bond
Traffic Specialist
cc: file
220 4th AVENUE SOUTH / KENT.WASHINGTON 98032-5895/TELEPHONE (253)859-3300