Loading...
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 Ft c r i C), SCHEDULE 80 PVC/WEATHERHEAD AND AERIAL SPLICE I KENT KANGLEY RD C) CONTROLLER CABINET ❑ w TYPE 111 JUNCTION BOX O Z NEW TYPE 1 JUNCTION BOX ■ w WOOD POLE O PE 38 12 PAIR INTERCONNECT TRENCH AND 2" CONDUIT --- - - - - - EXISTING SIGNAL CONDUIT OTT ®v I T INTERCONNECT ALONG KENT KANGLEY RD DESrGNW SCALE E DNWWN CHECKED DATE -REOVED EKE NO. KUKER-MANKEM INC./168445 +V SCH =DULE 80 PVC/WEATHERHEAD AND AERIAL SPLICE KENT KANGLEY RD CONTROLLER CABINET ❑ TYPE 111 JUNCTION BOX o uj NEW TYPE 1 JUNCTION BOX ■ Cn W WOOD POLE 0 z PE 38 12 PAIR W INTERCONNECT Q TRENCH AND 2" CONDUIT -- - -- N O � REMOVE OLD BASE to gA T NT I015* t) ISCAte NQ$C&E oamm" 17 CHECKED OATS A"ROVID PittNO. KUKEl1-RANI(EN INC.I tss4a6 N SCHEDULE 80 PVCMEATHERHEAD AND AERIAL SPLICE ---13 --0- KENT KANGLEY RD W CONTROLLER CABINET co TYPE 111 JUNCTION BOX W 0 WOOD POLE Z w PE 38 12 PAIR > INTERCONNECT Q NEW PE 1 JUNCTION BOX ■ N M TRENCH AND 2" CONDUIT -------- c 0'y ®, "L 1,v NEN ERI _DEPARTMENT DESIG14D SCAtE AMSC&E DRAWN CNECKED DATE APPROVED PILE NO, KUKER-RAMEN INC./10"45 'Y SCHEDULE 80 PVC AND AERIAL SPLICE WEATHERHEAD O KENT KANGLEY RD 06 CONTROLLER CABINET ❑ W ui TYPE 111 JUNCTION BOX 0 W WOOD POLE O Z ? SIGNAL POLE Q PE 38 12 PAIR �-- INTERCONNECT EXISTING SIGNAL CONDUIT •• -- ENSIMERINO DEPARTMCNT DESK,NED ISCALE OIIMMN CNECKEO DATE A►MOVID 111E NO. KUKER-RANKEN INC./1$9445 'V I p /AERIAL SPLICE WEATHERHEAD 00 o KENT KANGLEY RD LLi W CONTROLLER CABINET ❑ Z TYPE 111 JUNCTION BOX O W QSIGNAL POLE N Lo WOOD POLE O e- PE 38 12 PAIR INTERCONNECT TRENCH AND 2" CONDUIT - - - - - - E141 RI WRTMENT Ogs*wD SCAll D�NWN CNECKED DATE A►MOVED Pat No civy KUKER-RANKEN INCJ 145445 N SCHEDULE 80 PVC/WEATHERHEAD AND AERIAL SPLICE KENT KANGLEY RD 0 CONTROLLER CABINET Q WOOD POLE Q SIGNAL POLE TRENCH AND 2" CONDUIT- - - -- - EXISTING SIGNAL CONDUIT NEW TYPE 1 JUNCTION BOXCITY OF many ■ ENOWMERING PARTMENT DESKrNEO SCALE IIMICALE OOAANN CNECKID DAT! A"wo"o Icily 10.0111011M ftte NO. KUKER-RANKEN 1NCJ 165445 ❑ E r 0 W U) W Z W SEE PAGE 6 Q U") r KENT KANGLEY RD EXISTING JUNCTION BOX ❑ WOOD POLE O NEW TYPE 1 JUNCTION BOX ■ TRENCH AND 2" CONDUIT --- - - - E i 0� ERI� ® PARTMFARTME4 NT Ol�fiNEO SCALE NO SCALE OSAwN CHECKED DATE AMKOVEO FILE NO, KUKER-RANKEN INC./166445 CITY OF MIMIT 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