Loading...
HomeMy WebLinkAbout1983-095 License Agrmt - PNB - Unsigned ' _ \ / LOTFIROP Eunneav rma Seanle 2B<A'IW O , A157218-781 ®Pacific Northwest Bell To CITY OF ASHLAND From PACIFIC NORTHWEST BELL ATTN: BRIAN ALMQUIST, City Admn. ATTN: WALT HUFF City Hall ROOM 2806 Ashland, Oregon 97520 1600 BELL PLAZA SEATTLE WA, 98191 Telephone: (206) 345-5297 Subject POLE ATTACHMENT LICENSE AGREEMENT(CATV & OTHERS) Date 11-21-83 Enclosed for your info is a copy of the new TWO-PARTY POLE ATTACHMENT LICENSE AGREEMENT that we have forwarded to McCaw Rommunications This agreement will be used by PNB for ANY licensed attachments by a- CATV or Telephone or other Communications Common Carrier. The pole rental rate will be $3.50 per pole or at a rate set by the PUC Signed � Walt Huff Reply Date Signed Originator- Retain yellow copy- Forward white and pink copy with carbon intact. - Addressee- Please return white copy with reply-Retain pink copy. • LICENSE AGREEMENT • FOR ATTACHMENTS TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY POLES THIS AGREEMENT, executed this day of , 19 , between Pacific Northwest Bell Telephone Company, a corporation organized and existing under the laws of the State of Washington, having its principal office in the City of Seattle, hereinafter called Licensor, and , a corporation (partnership, or other legal entity) organized and existing under the laws of the State of having its principal. office in the city of hereinafter called Licensee; W I T N E S S E T H: WHEREAS, Licensee proposes to install facilities consisting of in the following geographic areas: WHEREAS, Licensee proposes attaching and maintaining its facilities on Licensor 's poles and/or anchors; and WHEREAS, Licensor agrees to License such attachments to its poles and/or anchors to the extent it may lawfully do so using the form as shown in Appendix "B." i NOW THEREFORE, in consideration of the mutual convenants, terms and condi- tions herein contained, the parties do hereby mutually convenant and agree as follows: TERMS AND CONDITIONS 1 . POLE ATTACHMENT FEE. Subject to the provisions of this Agreement the Licensor agrees to issue to Licensee a non-exclusive license authorizing Licensee to attach, maintain, rearrange, transfer and remove at its sole expense, its facilities on the poles of the Licensor, for. the provision of any lawful communication service. Licensee promises and agrees to pay the initial advance pole attachment payment, if any, shown on the face hereof, within 30 days of its receipt of the Licensor's bill therefor; and likewise promises and agrees to pay the Licensor annually upon the 31st day of December the yearly attachment fee(s) specified on the face of this Agreement. These pole attachment fees shall be based on the following: a. For attachment of facilities owned by the Licensee to poles owned by the Licensor a $ ,3.S—y per pole annual fee or a per pole annual fee as established by the appropriate state regulatory agency. The Licensor may adjust this fee from time to time, under the guidelines of the applicable state statutes or regulatory determinations. All -1- 8/83 adjustments in the per pole annual attachment fee will be effective 90 days after issuance by Licensor of written notice of said adjustments. Yearly payments in advance hereunder shall be made on December 31st of each year in which this permit is exercised; rental charges being based upon the Licensee 's occupation of the Licensor's pole as of July 1st in said calendar year. Before Licensee shall attach to any pole or anchor Licensee shall make written application for and have received written license from Licensor, using the Application and License form, Appendix "B." All payments for pole attachments under this Agreement shall be based upon a minimum period of one year except that should the Licensor revoke this permit before the expiration of any calendar year, then and not other- wise, the Licensor shall reduce the yearly rental by an amount proportionate to the interval from the last day of the month in which attachments were discontinued to the end of the said year. 2. SPECIFICATIONS. Attachments shall at all times conform to the require- ments of the National Electrical Safety Code and all state and local codes, together with the specifications contained in the "Manual of Construc- tion Standards," provide by the Licensor, except where the lawful requirements of the public authority may be more stringent, in which case the latter will govern. 3. LEGAL REQUIREMENTS. Licensee shall be responsible for obtaining from the appropriate public and/or private authority any required authoriza- tion to construct, operate and/or maintain its communications facilities on public and/or private property before it attaches its communications facili- ties to poles and anchors or utilizes anchor/guy strands on such public and/or .private property;- and Licensee shall submit to Licensor such evidence as Licensor may require of compliance with such foregoing requirements. -_ 4. POLE ATTACHMENT SPACE. Licensee shall attach its cable facilities to the pole using the following criteria: a. Coaxial cable and Fibre Optic Light Guide cable: attach cable one (1) foot above Licensor 's uppermost cable. b. Metallic Conductor cable (copper or aluminum) : attach cable at location either one (1) foot above or below Licensor 's cable, as necessary to prevent cable sag interference with Licensor's cable at mid-span. 5. LICENSOR'S RIGHT TO ABANDON. The Licensor may abandon any said pole at any time upon written notice to the Licensee. The Licensee shall, within sixty days after such notice, either purchase the pole from the Licensor or remove its attachments therefrom, and the failure of the Licensee to remove its attachments within said sixty days shall be deemed an election to purchase the pole at a price equal to its then value-in-place, less cost of removal. -2- 8/83 6. REPLACEMENT OF POLES AND PLANT REARRANGEMENTS TO BENEFIT LICENSEE a. In the case where Licensee requests Licensor to replace an existing pole with a pole which is taller or of greater strength than the replaced pole for the sole benefit of the Licensee, the Licensee shall pay the Licensor the value—in—place of the replaced pole, plus .cost of removal, plus the difference in value of a new pole of equal height and class as the replaced pole and the value of the new pole. The ownership of the new pole shall be vested with the Licensor. b. The Licensee shall pay Licensor 's cost to transfer its attachments to the new pole. c. In case where inadequate attachment space exists on a pole, the Licensor shall promptly rearrange its facilities to accommodate the attachments of the Licensee, the Licensee shall reimburse Licensor the cost of such work. Charges for rearrangements will be shown on face of License. (See Appendix "A" for Table of Flat Rate Charges) 7. INSPECTION OF LICENSEE 'S FACILITIES a. Licensor reserves the right to make periodic inspections of any part of Licensee 's facilities attached to Licensor 's poles or anchors, and Licensee shall reimburse Licensor for the expense of such inspections. b. The frequency and extent of such inspection by Licensor will depend upon Licensee 's performance in relation to the requirements of this Agreement. c. Licensor will give Licensee advance written notice of such inspec- tions, except in those instances where, in the sole judgment of Licensor, safety considerations -justify the need for such an inspec- tion without: the delay of waiting until a written notice has been forwarded to.1icensee. d. The making of periodic inspections or the failure to do so shall not operate to impose upon Licensor any liability of any kind whatsoever nor relieve Licensee of any responsibility, obligations or liability assumed under this Agreement. 8. UNAUTHORIZED POLE ATTACHMENTS a. Licensee agrees to pay Licensor a sum equal to twice the annual per pole attachment fee for all unauthorized attachments of Licensee's facilities discovered by Licensor, plus payment of the per pole attachment fee until such time Licensee removes its attachments from said poles. 9. DEFAULT. If the Licensee shall make default in any of its obligations under this contract, and such default continues for thirty days after written notice thereof from the Licensor, all rights of the Licensee hereunder, including its right to occupy said poles, shall be suspended until such default has been remedied. -3- I S/83 10. PERFORMANCE BOND a. Licensor may require a bond in a form satisfactory to Licensor or other satisfactory evidence of financial security in such amount as Licensor from time to time may require to guarantee the performance of all Licensee obligations hereunder. The amount of the bond or financial security shall not operate as a limitation upon the obligations of the Licensee hereunder; and b. If Licensee furnishes a deposit of money pursuant to this section, such deposit may be held during the continuance of this Agreement at the option of the Licensor as security for any and all amounts which are or may become due to the Licensor under the Agreement. Interest at the rate of /O ff per annum shall be credited or paid to the Licensee annually during the continuance of the deposit. 11. ASSIGNMENT. Licensee shall not assign, transfer or sub-let any of the privileges described in this Agreement without the written consent of the Licensor. 12. LICENSOR'S RESPONSIBILITY. The Licensor shall not be liable to the Licensee for any interruption to, nor interference with the operations of the wires, cables or conductors of the Licensee on said poles caused by the operations of the Licensor; nor shall the Licensor be responsible for any loss or damage caused by objection to the stringing of said wires, by any corpora- tion or person owning property on which, or abutting upon which, said pole line or fixtures thereon,. or any part thereof; is located, or because of the objections or interference of any public authorities. It is expressly agreed that the Licensor is not obligated to secure or guarantee any right-of-way or franchise for the Licensee, and no use, however extended, of the Licensor's poles under this Agreement shall be taken as creating or vesting in the Licensee any right, title or interest to said poles, or any right, title and interest in any franchise right or easement which the Licensor may possess. 13. LIABILITY AND DAMAGES a. Licensor shall exercise precaution to avoid damaging the facilities of the Licensee and shall make an immediate report to the Licensee of the occurrence of any such damage caused by its employees, agents or contractors. Licensor agrees to reimburse the Licensee for, all reasonable costs incurred by the Licensee for the physical repair of such facilities damaged by the negligence of Licensor, however, Licensor shall not be liable to Licensee for any interruption of Licensee 's service or for interference with the operation of Licen- see's facilities, or for any special, indirect, or consequential damages arising in any manner, including Licensor's negligence, out of the use of poles or anchors, or Licensor 's actions or omissions in regards thereto and Licensee shall indemnify and save harmless Licensor from and against any and all claims, demands, causes of action, costs and attorneys ' fees of whatever kind resulting therefrom. b. Licensee shall exercise precaution to avoid damaging the facilities of Licensor and of others attached to poles or anchors, and shall make an immediate report to the owner of facilities so damaged and Licensee assumes all responsibility for any and all direct and indirect loss from such damage caused by Licensee 's employees, agents or contractors. -4- 8183 c. Licensee shall indemnify, protect and save harmless the Licensor and joint user from any and all damages and costs, including attorneys ' fees, incurred by the Licensor and joint user as a result of acts by the Licensee, its employees, agents or contractors, including but not limited to the cost of relocating poles or anchors, resulting from a loss of right-of-way or property owner consents and/or the . cost of defending those rights and/or consents. d. The Licensee shall indemnify, protect and save harmless the Licensor, and joint user from and against any and all claims, demands, causes of actions and costs, including attorneys ' fees, for damages to property and injury or death to persons, including but not limited to payments under any Workmen's Compensation Law or under any plan for employee's disability and death benefits, which may arise out of or be caused by the erection, maintenance, presence, use or removal of Licensee 's facilities or by their proximity to the facilities of all parties attached to a pole or anchor, or by any act or omission of the Licensee 's employees, agents or contractors on or in the vicinity of the Licensor's poles or anchors. e. The Licensee shall indemnify, protect and save harmless the Licensor and joint user from any and all claims, demands, causes of action and costs, including attorneys ' fees, which arise directly or indirectly from the construction and operation of Licensee 's facili- ties, including but not limited to taxes, special charges by others, claims and demands for damages or loss from infringement of copyright, for libel and slander, for unauthorized use of television or radio broadcast programs and other program material, and from all claims, demands and costs, including attorneys ' fees, for infringement of patents with respect to. the manufacture, use and operation of Licensee 's facilities in combination with poles or anchors. f. Licensee shall promptly advise the Licensor of all claims relating to damage of property or injury to or death of persons, arising or alleged to have arisen in any manner, directly or indirectly, by the erection, maintenance, repair, replacement, presence, use or removal of the Licensee 's facilities. Copies of all accident reports and _ statements made to Licensee's insurer by the Licensee or others shall be furnished promptly to the Licensor. 14. INSURANCE a. Licensee shall obtain and maintain insurance, including endorsements insuring the indemnification provisions of this Agreement, issued by an insurance carrier satisfactory to Licensor to protect Licensor and other joint users from and against all claims, demands, causes of actions, judgments, costs including attorneys ' fees, expenses and liabilities of every kind and nature which may arise or result, directly or indirectly from or by reason of such loss, injury or damage as covered in this Agreement. -5- 9/33 b. The amounts of such insurance: 1. Against liability due to damage to property shall be not less than $300,000 as to any one occurrence and $500,000 aggregate, and 2. Against liability due to injury or death of persons shall be not less than $500,000 as to any one person and $1,000,000 as to any one occurrence. c. Licensee shall submit to Licensor certificates by each Company insuring Licensee to the effect that it has insured Licensee for all liabilities of Licensee covered by this Agreement and that it will not cancel or change any such policy of insurance issued to the Licensee except after 60 days ' written notice to Licensor. d. . All insurance required in accordance with b. and c. preceding must be effective before Licensor will authorize attachment to a pole and/or anchor and shall remain in force until such Licensee's facilities have been removed from all such poles or anchors. In the event that the Licensee shall fail to maintain the required insurance coverage, Licensor may pay any premium thereon falling due, and the Licensee shall forthwith reimburse Licensor for any such premium paid. 15. REGULATORY COMMISSION PRE-EMPTION. In the event any of the arrangements, fees and charges provided for under this Agreement are hereafter offered under tariff filed by Licensor and/or established by State or Federal Regula- tory Commission order, this Agreement with respect to those arrangements, fees and charges shall terminate and shall be superseded by said tariff or order. Said termination is to become effective on the day preceding the day when said', tariff or order becomes effective. 16. TERM OF AGREEMENT a. Licensee may terminate this Agreement upon 30 days notice to Licensor. Absent such termination, this Agreement shall continue in effect for a term of one year from the date hereof, and thereafter until either ..party hereto terminates this Agreement by giving the other party at least six months ' prior written notice thereof. Such six months ' notice of termination may be given to take effect at the end of the original one-year period or thereafter. b. Termination of this Agreement or any authorizations issued hereunder shall not effect Licensee's liabilities and obligations incurred hereunder prior to the effective date of such termination. 17. NOTICES. All written notices required under this Agreement shall be given by posting the same in first class mail to Licensee as follows: (Name) (Title) (Company) (Address) (City, State, and Zip Code) -6- or to such address as the parties hereto may from time to time specify to writing. 18. SUPERSEDURE OF PREVIOUS AGREEMENT(S). This Agreement supersedes all previous agreements, whether written or oral, between Licensor and Licensee for attachment and maintenance of Licensee's facilities on poles or --.anchors.-within the geographical.--area covered by this._Agreement; and there .are no other provisions, terms or conditions to this Agreement except as expressed herein. All currently effective licenses heretofore granted pursuant to such previous agreements shall be subject to the terms and conditions of this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement in duplicate on the day and year first above written. WITNESS (ATTEST) PACIFIC NORTHWEST BELL TELEPHONE COMPANY Name of Licensor BY VICE PRESIDENT AND CRIEF OPERATING OFFICER Its WITNESS (ATTEST) Name of Licensee BY Its -7- S/8- . �PENDIX "A.. SCHEDULE CHARGES FOR REARRANGING LICENSOR'S POLE LINE FACILITIES 1983 This schedule shall be used to compute the charges billed by Pacific Northwest Bell for rearranging its pole line attachments to accommodate cable television and/or other Licensee 's communication attachments in PNB pole space. These charges are calculated using the loaded hourly rate of $66.82 for Telephone Company Line Crew Personnel: Crossarms, All Types . . . . . . . . . . . . . $16.70 Anchor Strand or Overhead Guy. . . . . . . . . 33.41 Sidewalk Anchor Guy and Pipe . . . . . . . . . 33.41 Drop Wire, No Splicing . . . . . . . . . . . . 11.41 Service Conduit. . . . . . . . . . . . . . . . 66.82 Aerial Cable and Strand, Bolted to Pole or Cable Arm (No Splicing) . . . . . . . . . . 33.41 Aerial Cable Strand Dead—End . . . . . . . . . 33.41 Cable Pole Riser (Including Pipe and Mould- ing — No Splicing) . . . . . . . . . . . . . 66.88 Pole Mounted Aerial Cable Terminals (No Splicing) . . . . . . . . . . . . . . . . . 100.23 Charges for rearranging items not shown shall be determined by Telephone Company Outside Plant Engineering Forces. Additional charges will be computed using the most current loaded hourly labor rate for Engineering and Clerical hours incurred to process and/or inspect Licensee's applications and/or attachments. 15% will be added to all invoiced sums. POLE PRICE SCHEDULE 1983 IN—PLACE VALUES 25 ' _ $250 30 ' = $325 35 ' = $400 40 ' = $525 45 ' _ $630 50 ' _ $750 COST OF REMOVAL 20 ' to 35 ' = $49 40 ' to 55 ' = $83 8/83 t• o ENDIX "A" nt 'd) 1983 CALCULATION OF VALUE-IN-PLACE OF STANDING POLES Multiply in-place value of new pole of equal height (see Pole Price Sched- ule) by age level factor and by cost level factor equal to age of standing - - pole as shown in the following depreciation factors to develop value-in- place of standing poles. POLE DEPRECIATION FACTORS AGE COST AGE COST LEVEL LEVEL LEVEL LEVEL AGE FACTORS FACTORS AGE FACTORS FACTORS 0 1.000 1.000 11 .379 .702 1 .960 .937 12 .340 .680 2 .880 .909 13 .317 .659 3 .796 .888 14 .298 .631 4 .727 .866 15 .284 .611 5 .673 .840 16 .270 .590 6 .631 .819 17 .256 .568 7 .587 .793 18 247 .546 8 .539 .771 19 .239 .525 9 .441 .749 20 .233 .505 10 .405 .728 21 yrs. 6 over cost of removal .= remaining value. The Licensor may at any time, revise Appendix "A" to reflect changes in labor and/or material costs or an update to the depreciation factors table. All subsequent invoices rendered after that shall reflect these revisions. The Licensor shall distribute copies of the revised Appendix "A" by Certi- fied Mail. 8/83 i • OPENDIX "B" • APPPLICATION AND LICENSE FOR ATTACHMENTS TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY POLES Application Number is hereby-made by hereinafter known as the "LICENSEE," to Pacific Northwest Bell Telephone Company, hereinafter known as the "LICENSOR" at Licensor's Offices located at for a license to attach aerial cables, wire and other associated equipment _ to Licensoe's poles located in Township Range Section_ Total poles , at $ per pole, for a total of $ to be billed 19_ ICL poles, OCL poles. The location of the poles licensed under this agreement and the details and character of the Licensee 's attachments are as shown on Licensee's application drawing, attached hereto, and made a part of this License. Licensee agrees to pay promptly the following charges incurred by the Licensor for processing, engineering, plant rearrangements, etc. , relative to this License. MANHOURS HOURLY RATE $ TOTAL COST $ ENGINEERING CLERICAL CONSTRUCTION OTHER PLUS 15% PLUS TAX TOTAL PAYMENT DUE $ The pole attachments herein provided for and the work__done hereunder shall be subject to the terms and conditions contained in the License Agreement and shall be binding on the parties hereto and to their successors and assigns. THE ABOVE APPLICATION IS APPLICATION MADE 19_ BY: ACCEPTED AND LICENSE NO. IS HEREBY GRANTED BY: PACIFIC NORTHWEST BELL Licensee TELEPHONE COMPANY BY BY Division Engineer Title Dated Recommended By LICENSEE 'S BILLING ADDRESS: Engineering Manager i i i j SE_ INSTRUCTIONS 'OF REVERSE SIDE j 6/33 INSTRUCTION Each application for pole attachments must provide the following information: 1. Two (2) copies of map of the area in which the poles are located, minimum scale 1" = 200' , one copy a blue line, one copy a reproducible original or sepia. The Map drawing to contain the following: a) North .Sign — b) Township, Range,Section & Quarter Section c) Names of Streets d) Name of City or Town e) Name of County f) State g) Application Number h) Name of Company applying together with the name and telephone number of Ehe _applicant's field engineer i) Make-readyiwork locations, noting work details j) Strand route and all anchor locations k) Maximum of'300 poles on any one application Attach two (2) copies 'of the application form to the drawings, noting the application number in the upper right hand corner of the form. . ' Individual applications to be numbered in ascending sequential order by the Licensee. Licensor will process the applications in the sequential order assigned the applications.