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HomeMy WebLinkAboutCAG1972-011 - Original - Puget Sound Power and Light Company - Use of Right of Way - 08/22/1972 AGREEMENT THIS AGREEMENT, dated as of August 22, 1972 , is entered into between PUGET SOUND POWER AND LIGHT COMPANY ("Licensor" ) , a Washington corporation; and the CITY OF KENT ("Licensee" ) , a municipal corporation of the State of Washington. RECITALS 1. Licensor owns certain property (the "Property) located in the City of Licensee, more particularly described on Exhibit A attached hereto; and 2 . The Property is used by Licensor for the transmission and distribution of electric power and will continue to be used for such purposes for the foreseeable future; and 3. Licensor and Licensee recognize the need of land for use as outdoor recreation trails; and 4. Subject to the terms and conditions of this Agreement, that portion of the Property not now or hereafter used by Licensor is made available by Licensor to the public pursuant to the pro- visions of RCW 4. 24. 200 and RCW 4. 24. 210. In consideration of the prompt and faithful observance and performance of the terms and conditions hereinafter contained, IT IS AGREED as follows: 1. Term. The term of this Agreement (the "Term" ) shall commence as of the day and year first above written and shall continue until terminated by written agreement of the parties hereto or by either party upon six months written notice to the other party; provided, however, in the event of breach by Licensee of any of the terms and conditions herein contained, Licensor may terminate this Agreement at any time upon seven days advance notice. -1- 2. Use of the Property. Permission and authority are given to the Licensee, upon the terms and subject to the conditions of this Agreement, to maintain and use that portion of the Property not now or hereafter used by Licensor for the benefit of the pub- lic as a recreation trail. It is agreed that the Property shall be used by the public only for the purpose of recreation trails and that no claim of ownership, estate or interest in the Property will, at any time, be asserted or claimed by Licensee or by anyone for the benefit of Licensee because of such use or any other reason, Licensee accepts the Property in its present condition and assumes all risks incident thereto. Licensee' s use of the Property is not exclusive and Licensor may use and grant others the right to use the Property. Licensor may expand, enlarge, improve or add to the Property transmission and distribution lines, power poles or any other additions or improvements in connection with the carrying on of Licensor' s business. Any such lines, poles or other additions or improvements may be placed or constructed upon any part of the property notwithstanding its use as a recreation trail. Licensee shall not lease the Property or assign any rights arising under this Agreement without Licensor' s written consent. 3. Indemnity. To the full extent Licensee can legally do so it shall indemnify and hold harmless Licensor and Licensor' s agents , officers and employees from all loss , cost, liability or damages of every kind or nature whatsoever that may be claimed or accrue by reason of damage to or loss of property or injury to or death of person from any accident or incident upon, in or about the Property arising out of or in any manner connected with Licensee's use or occupation of the Property and areas adjacent thereto, or caused by the acts or neglect of Licensee or any agent or employee of Licensee; provided, however, Licensee shall not be responsible to Licensor for damages resulting from injuries to any persons caused by the negligent act of Licensor on the Property. 4. Access . Licensee may, at any time, close to the public all or any part of the Property for reasons of maintenance, de- velopment or improvement; provided, however, that Licensor, its -2- employees, agents and designated representatives shall at all times have the right to enter upon the Property for the purpose of making any inspections , repairs , alterations , changes or improvements upon any of its property, including but not limited to the Property and adjacent grounds , or for any purpose whatsoever connected with the carrying on of the business of Licensor. Licensee agrees to give ten (10) days advance notice of any such closure to Licensor. At such times as Licensor may consider it necessary in connection with the operation of its business , Licensee shall, when so noti- fied by Licensor, promptly close to the public all or any part of the Property as requested by Licensor and keep the Property so closed during the period or periods of time requested by Licensor. 5. Improvements , Additions, Maintenance and Utilization of the Property. Licensee may not place, construct or maintain on the Property any additions or improvements without the written consent of Licensor. Whether or not said consent is granted is within the sole discretion of Licensor. Licensee agrees that no such addition or improvement shall obstruct or interfere in any way with Licensor' s transmission and distribution lines or other facilities or with the carrying on of the business of Licensor. Licensee shall at all times keep that portion of the Property used by Licensee for the benefit of the public, and all additions and improvements thereto in accordance with all applicable federal, state and local laws , ordinances and regulations , and shall not permit waste, damage or injury to any portion of the Property. All additions or improvements to the Property that are made by or at the request of Licensee, as well as the expense of repairs , maintenance and utilization of such additions and improvements , shall be at the Licensee's sole cost and expense. Licensor is not obligated or required to in any way maintain any part of the Property for the benefit of the Licensee, the public, or anyone because of any provision of this Agreement. All additions or improvements made by or at the request of Licensee shall be re- moved by Licensee upon termination of this Agreement unless Licensor by written agreement consents that they remain. Any such additions or improvements remaining on the Property at the -3- termination of this Agreement with Licensor's consent shall be- come the property of Licensor without cost or obligation on its part. 6 . Ownership. Licensor owns the Property in fee and nothing herein shall in any way be construed or deemed to be a grant of any estate or interest in or right of control or possession over the Property except the permission to use the Property as herein mentioned. 7. Cost Reimbursement. In the event Licensee fails to maintain the Property or perform any other condition of this Agreement, Licensor may perform and Licensee shall immediately reimburse Licensor for all costs incurred in connection therewith. 8. Restrictions. The use of the recreation trail will be restricted to pedestrian, equestrian, two-wheel motorized vehicle, and bicycle use. Camping, campfires , the use of firearms and any other activities that would endanger Licensor' s transmission or distribution lines or other facilities or that are inconsistent with the safe use of the Property will be prohibited. Licensee agrees to police and enforce the terms of this section. 9. Inspection and Sign Placement. Licensee agrees to in- spect and place, at its sole cost and expense , warning, directional and cautionary signs where necessary along the Property prior to allowing public access to the Property and throughout the term of this Agreement. 10. Taxes. Licensee agrees to pay all real and personal property taxes that shall become due and payable either during the term of this Agreement or subsequent to its termination which are based on assessments made during the term of this Agreement on or because of improvements which Licensee has placed or will place upon the Property. Licensee will submit yearly to Licensor evidence of payment of such taxes. In the event any of such taxes are levied directly against Licensor, Licensor may pay such taxes -4- and, upon receipt from Licensor of billing for any such taxes so paid, Licensee shall immediately remit all such amounts. 11. Charges. Licensee will not charge, collect or receive from the public a fee of any kind for the use or enjoyment of the property. 12 . Notices. Any notice or other communication given here- under shall be deemed sufficient, if in writing and delivered personally to the addressee or sent by certified or registered mail, return receipt requested, addressed as follows , or to such other address as may be designated by the addressee by written notice to the other party: To Licensor: Puget Sound Power & Light Company Puget Power Building Bellevue, Washington 98009 Attention: W. J. Finnegan To Licensee: City of Kent P. O. Box 310 Kent, Washington 98031 13. Successors. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, executors , administrators , successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. PUGET SOUND POWER & LIGHT COMPANY By � Its YICr pK94sJ CITY OF NT 7 Bye Issa�bel Hogan Its Mayo -5- APPROVED AS TO FORM AND EGALITY DONALD E. MIRK City Attorney -6- t