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Home My WebLink AboutLAG98-001 - Original - Puget Sound Energy - Gowe St Pole Attachment Agreement - 09/22/1998 �'►, %ecords M eme KENT Document WASXINGTOH CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: ID104 shun shunck�E Q=w Vendor Number: '3-10%la J �— JD Edwards Number Contract Number: This is assigned by Mary Simmons Description: Pet - A4-1 -h rnacL+ A� 1 � Detail: CLPM ev &TA ald* ,� C ? O . .4L �o�r.:Sr+.en o ta-s-6,11 V&c►�-s .�kte'cta 1 eee�cc+��.ca�c',acti Cable am 3 0'F'� PSE'S Pe1e5 Project Name: r""Wz Sit-ac_-4' Pule_ A+42L 1raenk Q V%2n.xelam-� Contract Effective Date: A�'aT4t Termination Date: Contract Renewal Notice (Days): R j a. Number of days required notice for termination or renewal or amendment Contract Manager: Uftawca-c-Wr Department: S .T: Abstract: 5 Pubhc\RecordsManagement\Forms\ContraclCover\ADCL7832 07/02 POLE ATTACHMENT AGREEMENT This Agreement, dated as of September 22, 1998, is made by and between Puget Sound Energy, Inc., a Washington corporation("Puget"), and the City of Kent("Kent") I 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 3 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 and copper cables located along Gowe near 4th Avenue. 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 one hundred dollars ($100.00)per pole 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 2,C'<95�31__�/g;z 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 falls 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 Ken""t�� Puget SoundEnergy, Inc. By: 4i�= -g�}�D/n/I7 By:�I/su�.�t—�['� �I (:/%%%///// a Duane Henderson Its: —JOW h , Ore h,Z Its: Manager Standards and Work Practices Date Signed: Date Date Signed:1* 1940 Address: Address: Attn. Joe Lorenz, Work Manager of IS Attn Joint Facilities Administrator 220 - 4th Avenue S P O. Box 97034 MER-04S Kent, Wa 98032-5895 Bellevue, WA 98009-9734 Ptlsa pJ\\ LP-%\Q, Fnd FeDvv, w2C$ssEr^ ew�) poke,, . lewvc S\ou.k � "P-O)c Ps , p p IC>O SS �E�DS o o -- ' N2� Lyo_ -c L 6 V-), A-TTff6 v,e � e2«o c PUGET SOUND ENERGY October 21, 1998 City of Kent Attn Joe Lorenz 220 - 4th Avenue S Kent, Wa 98032-5895 Dear Mr Lorenz Enclosed is a fully executed copy of the Pole Attachment Agreement between Puget Sound Energy, Inc and City of Kent If you have further questions regarding the Agreement,please call me at 206-224- 2219 With regard to the attachment and any work which may be required by Puget to accommodate the attachment, please contact Puget's engineer identified below Very truly yours, Richard R Rucker Joint Facilities Administrator Enclosure Executed Pole Attachment Agreement cc City of Kent file Dave Abbott, Puget engineer Puget Sound Energy • PO Box 97034 • Bellevue,WA 98009-9734