Loading...
HomeMy WebLinkAboutCAG1987-0120 - Original - US Sprint Communications - Temporary Use Permit City Right-of-Way - 07/10/1987 U.S. SPRINT COMMUNICATIONS CITY OF KENT, WASHINGTON TEMPORARY USE PERMIT SECTION 1 . The City of Kent (hereinafter called the "City" ) hereby grants to U.S. Sprint Communications Company, a New York general partnership (hereinafter called "U.S. Sprint" or "Grantee"), for a period of five (5) years from and after the date of this permit the right to use that City right-of-way hereinafter described in Exhibit A on record with the Kent Department of Public Works, to construct, replace, maintain and use equipment and facilities for an underground communication system under terms and conditions provided in Exhibit B. SECTION 2. INSTALLATION OF EQUIPMENT. All facilities shall be installed and maintained at such places and locations as shall least interfere with existing utilities and franchise rights, and with the free passage of traffic and in accordance with the laws of the State of Washington and ordinances and standards of the City regulating such construction. This includes the terms and conditions of any permit issued for construction of such facilities. U.S. Sprint warrants as a condition of this permit that any equipment, facilities and system installed constitutes a trunk through system only which will not directly and separately service local businesses or residents in the City of Kent. SECTION 3. RELOCATION OF EQUIPMENT. Whenever the City determines it necessary that any facilities of U.S. Sprint be moved or relocated to accommodate the improvement of any areas, including the grading or widening of any street, avenue, alley, highway or other public right-of-way, U.S. Sprint shall , within 120 days of written notice from the City, move or relocate such facilities as directed, to an area within City right-of-way mutually agreed upon, at no cost to the City. SECTION 4. RECORD OF INSTALLATION. U.S. Sprint shall provide to the City, upon the City's request, copies of available drawings in use by U.S. Sprint showing the location of U.S. Sprint's facilities within the public right-of-way. With respect to excavations within any area, the City and U.S. Sprint shall comply with the provisions of Chapter 19.122 RCW and any other applicable State law. Upon written request of the City, U.S. Sprint shall provide the City with the most recent update available of any plan of potential improvements to its facilities within the public rights-of-way; provided, however, if any such plan is submitted it shall be for informational purposes only and shall not obligate U.S. Sprint to undertake any specific improvements within the public rights-of-way, nor shall such plan be construed as a proposal to undertake any specific improvements within the public rights-of-way. SECTION 5. ANNUAL FEE. As reimbursement for administration expenses, U.S. Sprint shall pay an annual fee to the City of one dollar ($1 .00) per lineal foot of underground communications system cable or conduit installed within the public right-of-way, as set forth in Exhibit A. SECTION 7. INDEMNITY. In the construction, installation, repair, operation or maintenance of all conductors, wires, conduits, substations, apparatus and appliances or other facilities U.S. Sprint shall use reasonable and proper precautions to avoid damage to persons or property. U.S. Sprint hereby agrees to defend, indemnify, protect and save harmless the City from all claims, actions or damages of every kind or description which may accrue to or be suffered by any person or persons, corporation or property by reason of or occasioned in whole or in part by any act or activity carried on by U.S. Sprint, its officers, agents, servants or employees in the exercise or in furtherance of the privileges and authority granted herein whether it is alleged that the City is responsible to any extent, and including specifically suits by employees of U.S. Sprint against the City. In the event any claim or demand be presented to or filed with the City which may give rise to U.S. Sprint's duty to defend and so hold the City harmless, the City shall within a reasonable time notify U.S. Sprint thereof and U.S. Sprint shall have the right, at its election, to settle or compromise such claim or demand. In the event any suit or action is commenced in which the City is named as a party, and which suit or demand alleges facts which might give rise to U.S. Sprint's obligation to so defend and save the City harmless, U.S. Sprint shall be timely notified thereof, and U.S. Sprint shall have the right, at its sole cost and expense, to defend, settle or compromise such suit or action by attorneys of its own elections. - 2 - The provisions of this section shall not be construed to require U.S. Sprint to hold harmless, appear and defend, pay any judgment or reimburse the City' s costs as to any claim, demand, suit or action which arises out of the sole negligence of the City. Provided that if the City, its employees, or agents negligently damage any facility installed by U.S. Sprint pursuant to this permit, the City's responsibility with respect to any damage directly or indirectly resulting from such action, including any claim of economic loss by any person resulting from interference with or disruption of said communications facility, shall be limited to the cost of replacing or repairing such facility. The City shall have the right at all times to participate through its own attorney in any suit or actions which arises out of any right, privilege or authority granted by or exercised pursuant to this permit where the City determines that such participation is required to protect the interests of the City or the public. SECTION 7. INSURANCE. U.S. Sprint shall maintain in full force and effect throughout the term of this agreement the following: 1 . One Million Dollars ($1 ,000,OOO) comprehensive general liability insurance for bodily injury or death to any one person; and 2. Two Million Dollars ($2,000,000) comprehensive general liability insurance for bodily injury or death resulting from one accident; and 3. One Million Dollars ($1 ,000,000) comprehensive general liability insurance for property damage resulting from any one accident. The City shall be named as an additional co-insured on any policy for the purposes of actions performed under the terms of this agreement. In satisfying the insurance requirements set forth above, U.S. Sprint may self-insure against such risks in such amounts as are consistent with good utility practice. U.S. Sprint shall provide the City with sufficient written evidence, upon request, that such insurance (or self-insurance) is being so maintained by U.S. Sprint. Such written evidence shall include, to the extent available from U.S. Sprint's insurance carrier, a written certificate of insurance with respect to any insurance maintained by U.S. Sprint in compliance with this Section. - 3 - SECTION 8. NONEXCLUSIVE. The rights and privileges herein granted shall not be deemed exclusive, and the right is hereby reserved to the City to grant to any other person, company, corporation or association, including the City, the right to exercise the rights and privileges herein granted. SECTION 9. POLICE POWERS. Nothing herein shall be deemed to affect the City's ability to exercise its police powers. Further, nothing shall be deemed to grant U.S. Sprint vested rights or franchise rights. SECTION 10. CONSTRUCTION PERMIT REQUIRED. Prior to the performance of any work in any public right-of-way, U.S. Sprint shall apply for and obtain from the City's Planning Department Director a Construction Permit, which application and permit shall comply with applicable Kent City Code provisions and Exhibit B. SECTION 11 . MODIFICATIONS OF TERMS AND CONDITIONS. The City and U.S. Sprint hereby reserve the right to alter, amend or modify the terms and conditions of this permit upon written agreement by both parties to such alteration, amendment or modification. SECTION 12. RENEWAL OF PERMIT. This permit shall be automatically renewed for additional five-year periods upon payment of the annual fee, unless either the City or U.S. Sprint provides written notice of its intent not to renew the permit 12U days prior to January 1 of said renewal year. In the event that U.S. Sprint shall offer at any time services from its equipment, facilities, or communications system to Kent area businesses and residential customers, it shall first apply for and obtain a franchise agreement from the City of Kent. If granted by the City, this use permit is revoked and the use, operation, and maintenance of such equipment, facilities, and communications system, and all related appurtenances, shall be subject solely to the provisions of K.C.C. Chapter 5.30. SECTION 13. VALIDITY OF TERMS. If any term, provision, condition, or portion of this agreement shall be held to be invalid or unconstitutional for any reason, the City may, at its own option, deem the entire agreement to be affected and thereby nullified. However, in the event of said determination of invalidity of any part of this agreement the City may elect to treat the portion declared invalid as severable and enforce the remaining portions of this agreement. The City does not by executing this permit waive any rights to later require a franchise agreement under Kent City Code. - 4 - SECTION 14. NONTRANSFERABLE. The rights granted by this agreement inure to the benefit of U.S. Sprint, and any parent, subsidiary, or affiliate, now or hereafter existing. The rights shall not be assignable without the express, written consent of the governing body of City, except U.S. Sprint may assign its rights under this agreement to a parent, subsidiary, or affiliate without such consent so long as (1 ) such parent, subsidiary, affiliate or successor, assumes all obligations of U.S. Sprint hereunder, and (2) is bound to the same extent as U.S. Sprint hereunder. Any required consent is to be evidenced by written agreement with the City that fully recites the terms and conditions, if any, upon which consent is given. SECTION 15. EFFECTIVE DATE. This agreement shall take effect and be in force upon written approval by the undersigned City official . DATES this [�— day of 1987. CITY OF KENT U.S. SPRINT COMMUNICATIONS By' �� �. \ — B r Approved as to form: �r Sandra Driscoll , City Attorney H. Williamson Assistant City Attorney 3144L-lOL - 5 - EXHIBIT B TERMS AND CONDITIONS OF TEMPORARY USE PERMIT 1 . A preconstruction conference shall be required at least 24 hours prior to commencing work within City right-of-way (five days notice required to schedule conference. Call (206)87,2-3383) . 2. U.S. Sprint shall notify all residents in writing minimum seven days prior to starting construction in the area. 3. Construction shall be in compliance to approved plans by the City of Kent Department of Public Works. 4. U.S. Sprint, its successors and assigns, is given permission, to enter upon the right-of-way or public place for the purpose of performing the work described in this permit and approved by the City Engineer or his designee. 5. After the installation, operation, maintenance, or removal of a utility or facility, the grantee shall restore all rights-of-way and public places to the condition whichais equivalent in all respects to the condition they were in before starting work. All work to meet the approval of the City Engineer. 6. In the event that any damage of any kind to the City' s property or right-of-ways is caused by the grantee, as determined solely by the City of Kent, in the course of performing work authorized by this permit, it will repair said damage at his sole cost and expense. Repair work shall begin without delay, as directed by the City of Kent, and continue without interruption until completed. If damage is extensive, the time allowed for repair will be prescribed by the City Engineer and/or his agent. - 6 - 7. The City Engineer or his designee may at any time, do, order, or have done any and all work considered necessary to restore to a safe condition any area left by the grantee in a condition dangerous to life or property. The Grantee shall be notified of any substandard condition requiring correction and upon failure of the Grantee to make said correction, the City shall perform the correction and the Grantee shall pay to the City all costs of such work, labor and materials. ti 8. When the City deems it advisable to change the alignment or grade of any street or right-of-way or public place or structure by widening, grading, regrading, paving, improving, altering or repairing same, the City and the Grantee will diligently pursue alternative methods of achieving the City alignment or grade of subject structure included but not limited to sharing engineering expenses. If the Grantee has no other alternatives acceptable to the City of Kent, the Grantee shall at its own cost and expense raise, lower, move, change or reconstruct such installations to conform with the plans of work contemplated or ordered by the City according to a time schedule contained in a written notice from the City of Kent. 9. All the provisions, conditions, requirements and regulations herein contained shall be binding upon the successors and assigns of the grantee and all privileges of the grantee shall be given to such successors and assigns as if they were specifically mentioned. 10. The City and grantee recognize the paramount public interest in the right of way subject to this permit. Should the public interest, determined by the City, require termination of this permit, grantee shall be given a minimum of six (6) months written notice of such termination. The City and grantee shall meet at grantee's request to discuss and consider alternatives to permit termination or system relocation. In the event grantee is not satisfied with the result of such discussions and considerations, grantee may petition the City's legislative authority who shall hear and consider such petition at a public hearing. The decision of the legislative authority, following said hearing, shall be final . - 7 - 11 . Grantee by accepting this permit agrees to obtain information from all utility departments and existing franchises regarding location and current status of their installations before starting work. Private property owners adjoining, or in proximity to the right-of-way, including existing franchisees, shall be notified when such property is exposed to the possibility of injury or damage through performance of this project. The grantee shall make all advance arrangements necessary to protect such property and/or utility from injury or damage. 12. The issuance of this permit to the grantee does not in any way relieve the grantee from compliance with any other applicable laws in performing the work subject to this permit. 13. All road crossings shall be reviewed independently for feasibility of open cuts as opposed to a push or bore. 14. Grantee shall maintain minimum 5 feet horizontal separation and 1 foot vertical separation from any and all City utilities. 15. Grantee shall provide as-built plans showing horizontal and vertical location of ducts in the right-of-way. Said plans shall be certified by a professional engineer or land surveyor. 16. Contractors or agents of U.S. Sprint shall obtain any and all other necessary permits, licenses, and approvals as required by law. Acknowledge n Accepted by: U.IS—. SPRINVCOMMUNICATIONS COMPANY CITY OF KENT 9 00 Metcalf ENGINEERING DEPARTMENT 0 erland Park, Kansas 66212 Date Date - U - Approved as to form: SANDRA DRISCOLL, CITY ATTORNEY CITY OF KENT 3144L-IOL - 9 -