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Home My WebLink About3110 RESOLUTION NO. 3t 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A POLE ATTACHMENT AGREEMENT WITH PUGET SOUND ENERGY. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section I. AGREEMENT. The Mayor and City Clerk of the City of Auburn are hereby authorized to execute a Pole Attachment Agreement with Puget Sound Power & Light Company. A copy of Said Agreement is attached hereto and denominated Exhibit "A" and incorporated herein by reference Section 2. AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3110 09/14/99 Page 1 DATED and SIGNED this 20th day of September, 1999. CITY OF AUBURN CHARLES a. BOOTH MAYOR ATTEST: Da~'%le E.~"/~Daskam City Clerk APPROVED ASTO FORM: Michael J. Reynolds, City Attorney Resolution No. 3110 09/14/99 Page 2 POLE ATTACHMENT AGREEMENT This Agreement, dated as of September 1, 1999, is made by and between Puget Sound Energy, Inc., a Washington corporation, its successors and/or assigns CPuget"), and the City of Auburn CAubum"). 1. Puget hereby grants to Auburn permission, on the terms and conditions specified in this Agreement, to install, maintain and use Aubum's internal communication cable on 22 of Puget's poles, as designated on Appendix A and made a part hereof. Aubum's communication conductor and related equipment (the "Equipment") consists of fiber optic cable located along "C" Street SW from approximately the 1400 block to the 2800 block. 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 Auburn upon Aubum's failure to cure any default under or breach of this Agreement by Auburn within thirty (30) days after Puget gives Auburn written notice of such default or breach. 3. Upon execution of this Agreement, Aubum shall pay to Puget an application processing fee in the amount of one thousand ($1,000) dollars. 4. The permission granted herein is personal to Auburn and shall not be assigned in whole or in part without prior written consent of Puget. 5. Aubum shall install the Equipment and, thereafter, at all times maintain and operate such Equipment in a skillful, lawful, and proper manner satisfactory to Puget. Auburn'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. Auburn 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 6ther action affecting the Equipment as Puget deems appropriate in the circumstances. Auburn's emergency phone number is either 911 or 253-931-3080. 8. Within three hundred sixty five (365) calendar days of the termination of this Agreement, Auburn shall remove the Equipment from Puget's poles. At the expiration of such three hundred sixty five (365) calendar days all rights of Auburn to use such poles shall terminate. If Auburn fails to remove the Equipment from such poles within three hundred sixty five (365) calendar days of the termination of this Agreement, Puget shall have the right to do so at Aubum's expense. Such removal, whether by Puget or Auburn, shall not release Auburn from any obligation accruing prior to, or arising out of, any incidence which occurs prior to such removal. EXhibit "A", Resolution No. 3110 Pole Attachment Agreement Page 2 \ 9. Any notice to Aubum 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 Auburn. 10. Auburn 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, Aubum 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 Aubum 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. Auburn: Puget: City of Auburn Puget Sound Energy, Inc. Duane Henderson Its: City Engineer Its: Manager Standards and Work Practices Address: Address: A~n. De~is Dowdy, PE Attn. Joint Facilities Administrator Depaament of Public Works P.O. Box 90868 (MER-04S) 25 West Main Street Bellevue, WA 98009-0868 Auburn, WA 98001-4998 Pole Attachment Agreement Page 3 CITY OF AUBURN CHARLES A. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney APPENDIX I The poles listed below are the ones the COA wishes to attach its fiber optic cable. 311127-165321 12/22 311097-165321 12/23 311077-165322 311075-165322 12-24 311050-165323 12/25 311023-165322 12/26 310994-165322 13/1 310964-165323 13/2 310959-165324 310935-165324 13/3 310927-165324 310905-165325 13/4 310877-165326 13/5 310847-165327 13/6 310819-165327 13/7 310793-165328 13/8 310766-165329 13/9 310738-165330 13/10 310716-165331 13/10A 310702-165331 13/11 310682-165331 13/12 310644-165332 13/13 LED/bd REF. H:XENGINEERXE99\E99-857 Page 1 of 2