HomeMy WebLinkAboutPuget Sound Energy Pole Attachment AgreementPOLE ATTACHMENT AGREEMENT
This Agreement, dated as of October 1, 2002, is made by and between Puget Sound
Energy, Inc., a Washington corporation ("Puget"), and the City of Auburn ("Auburn").
1. Puget hereby grants to Auburn permission, on the terms and conditions specified in this
Agreement, to install, maintain and use Auburn's signal interconnect cable on 19 of Puget's poles,
as designated on Appendix A and made a pan hereof. Auburn's cable and related equipment (the
"Equipment") consists of traffic signal interconnect wire, attachment hardware, and appropriate
risers on poles located along East Valley highway fi.om 41 st Street SE to Lakeland Hills Way.
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 Auburn'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, Auburn 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. Auburn 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 other
action affecting the Equipment as Puget deems appropriate in the circumstances. Auburn's
emergency phone number is 911 or 253-931-5102.
8. Within thirty (30) days of the termination of the Term of this Agreement, Auburn shall
remove the Equipment from Puget's poles. At the expiration of such thirty (30) days all rights of
Auburn to use such poles shall terminate. If Auburn fails to remove the Equipment fi.om such
poles within such time, Puget shall have the right to do so at Auburn'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.
9. Any notice to Auburn 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.
Pole Attachment Agreement
Page 2
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, Auburn 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 Auburn 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:
City of Auburn
Dennis ~ PE
Its: City Engineer
Date Signed:
Address:
Attn. Rogci Cullctc,,, ,,~114~'~-1~.
Department of Public Works
25 West Main Street
Aubum, WA 98001-4998
Puget:
Puget Sound
Energy, Inc.
By:~ ' ~rty O'Connor
Its: Manager Communications Siti. n/g~. Services
ateSigned: ~/~/ ~_ .'~'~~-'
Address:
Attn. Joint Facilities Administrator
P.O. Box 90868 GEN-02W
Bellevue, WA 98009-0868
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