AG 92-222 - PUGET SOUND POWER & LIGHT COMPANY • •
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Pole Attachment Agreement
Dash Point Road and 11th Place South
Federal Way
This Agreement is made by and between Puget Sound Power &
Light Company, a Washington corporation ("Puget") and City of
Federal Way, a Washington municipal corporation ("City") .
1. Puget hereby grants to the City permission, on the terms
and conditions specified in this Agreement, to install, maintain
and use the City's equipment on certain of Puget's poles, as
designated on the list attached as Exhibit A and made a part
hereof. City's equipment (the "Equipment") consists of traffic
signal apparatus as more specifically described in Exhibit A.
2. The Term of this Agreement shall commence as of
September 4, 1992, 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 the
City upon the City's failure to cure any default under or
breach of this Agreement by the City within thirty (30)
days after Puget gives the City written notice of such
default or breach.
3. Upon execution of this Agreement, the City shall pay to
Puget a pole attachment fee in the amount of One Hundred Dollars
($100. 00) .
4. The permission granted herein is personal to the City and
shall not be assigned in whole or part without prior written
consent of Puget.
5. The City shall install the Equipment, and thereafter at
all times maintain and operate such Equipment in a skillful, lawful
and proper manner satisfactory to Puget. The City'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. The City shall bear all expenses in connection with the
installation, operation and removal of the Equipment.
ORIGINAL
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7. Within thirty (30) days of the termination of the Term of
this Agreement, the City shall remove the Equipment from Puget's
poles. At the expiration of such thirty (30) days, all rights of
the City to use such poles shall terminate. If the City fails to
remove the Equipment from such poles within such time, Puget shall
have the right to do so at the City's expense. Such removal,
whether by Puget or the City, shall not release the City from any
obligation accruing prior to, or arising out of any occurrence
which occurs prior to, or arising out of any occurrence which
occurs prior to, such removal.
8. Any notice to the City hereunder shall be deemed received
three (3) days after its deposit in a United States post office
enclosed in an envelope, certified mail, postage prepaid, and
addressed to the City.
9. The City 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.
10. Indemnification.
10.1 To the extent permitted by applicable law, the City
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 attorney fees)
arising (whether before or after the termination of the Term) out
of or in connection with the 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
the City shall not be required to so defend, indemnify, or hold
harmless Puget from any claim, loss, cost, liability, damage or
expense to the extent caused by or resulting from the negligence of
Puget or its agents, employees, or representatives.
10.2 To the extent permitted by applicable law, Puget
releases and shall defend, indemnify and hold harmless the City
from any and all claims, losses, costs, liabilities, damages and
expenses (including, but not limited to, reasonable attorney fees)
arising (whether before or after the termination of the Term) out
of or in connection with the 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
Puget shall not be required to so defend, indemnify, or hold
harmless the City from any claim, loss, cost, liability, damage or
expense to the extent caused by or resulting from the negligence of
the City or its agents, employees, or representatives.
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10.3 Survival. The provisions of this Section shall
survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or
termination.
11. General Provisions.
11.1 Entire Agreement. This Agreement contains all of
the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement and no prior agreements
or understandings pertaining to any such matters shall be
effective for any purpose.
11.2 Modification. No provision of this Agreement may
be amended or modified except by written agreement signed by
the Parties.
11. 3 Full Force and Effect. Any provision of this
Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect.
11.4 Attorney Fees. In the event either of the Parties
defaults on the performance of any terms of this Agreement or
either Party places the enforcement of this Agreement in the
hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses. The venue
for any dispute related to this Agreement shall be King
County, Washington.
11.5 Governing Law. This Agreement shall be made in and
shall be governed by and interpreted in accordance with the
laws of the State of Washington.
11.6 Authority. Each individual executing this
Agreement on behalf of Puget and the City represents and
warrants that such individuals are duly authorized to execute
and deliver this Agreement on behalf of the City or Puget.
11.7 Notices. Any notices required to be given by the
City to Puget or by Puget to the City shall be delivered to
the Parties at the addresses set forth below.
DATED the day and year set forth below.
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rr
!II 411
CITY OF FEDERAL WAY
By: /
J. en M al , CrityManager
33 30 1st Way South
Federal Way, WA 98003
Date: l00 2
TEST.
a
C' y C erk, Maureen M. waney, CMC
APPROVE,' AS TO FORM:
- ity Attorney, Carolyn A. Lake
PUGET SOUND POWER & LIGHT COMPANY
Be • , 0 . 9._LL.
C Signature)
G G.A. Walls
(Name)
Its: Director T&D Operations
(Title)
411 108th Ave. N.E.
Bellevue, WA 98004-5515
(Address)
(206) 462-3756
(Phone)
Date: November 5, 1992
92L755
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