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Public Utility District No 1 Pole Attachment License Interlocal Agreement for Municipal EntitiesPOLE ATTACHMENT LICENSE AGREEMENT FOR MUNICIPAL ENTITIES This is a pole attachment license agreement made this 'day of , 2008, between the Public Utility District No. 1 of Snohomish County, a municipal corporation under the laws of the State of Washington having its principal office at 2320 California Avenue, Everett, Snohomish County, Washington, hereinafter called "Licensor" and piay4Nc , a /�� , hereinafter called "Licensee". WITNESSETH: WHEREAS, Licensee desires to attach its various communications facilities and equipment including cables, wires and appliances, together with associated cable messengers, anchors, power supplies, and other appurtenances (hereinafter sometimes collectively called "equipment") to the utility poles of the Licensor in said service area; and WHEREAS, subject to the terms and conditions hereof, Licensor is willing to permit, to the extent it may lawfully do so, the Licensee to attach its equipment upon the poles of the Licensor where, in the judgment and opinion of Licensor such attachment will not interfere with the service requirements of the Licensor or other joint users, including considerations of economy and safety; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do mutually covenant and agree as follows; 1. GENERAL AGREEMENT 1.01 Permits - In General Subject to the terms, conditions and limitations set forth in this Agreement, Licensor agrees that it will issue specific permits to Licensee to permit the Licensee to attach its equipment to specific points of contact on specific poles of Licensor within the distribution area defined in paragraph 1.03 below. However, under certain circumstances, and in the sole judgment and opinion of the Licensor, Licensor may refuse to grant a specific permit for a particular pole. Circumstances which may justify Licensor's refusal include, but are not limited to, the following: (a) Licensee's attachments will interfere in any way with the service requirements of the Licensor or any other joint user of the pole in question; (b) Licensee's attachments will create or contribute to a hazardous condition on the pole in question; �10 N6 %—� (c) Licensee's attachments are deemed unsuitable or inadvisable for a particular pole; and (d) Licensor has already granted a specific permit to another user or users for the pole in question which conflicts with Licensee's proposed attachments. In the event a specific permit has been granted by the Licensor for a particular pole but the Licensee has not made its attachment to that pole, Licensor shall have the right to cancel and revoke such permit on ten (10) days' written notice. Nothing contained in this agreement, or any permit issued pursuant to this agreement, shall be construed to compel the Licensor to maintain any of its poles for a period longer than is necessary for Licensor's service requirements. In the event that Licensor elects to discontinue use of any pole or poles for which a specific permit has been granted to Licensee, Licensor may send a written notice to that effect to Licensee, and Licensee agrees to remove its attachments from such pole or poles within three (3) months after the sending of such notice, or within such shorter reasonable period as may be required in the case of emergency; provided, however, that under certain circumstances the Licensor may be able to sell the abandoned poles as surplus and in such event the Licensee shall have a right of first refusal to purchase said abandoned poles. 1.02 Specific Permits Required The Licensee shall have no right pursuant to this agreement to attach to any pole of the Licensor until a specific permit has been granted as to that pole for each attachment; provided that with respect to service poles only, the Licensor may grant preliminary facsimile permission for such attachment to be made prior to the issuance of a written permit; provided further that such preliminary permission shall be subject to the subsequent timely receipt of a properly completed application, completion of an acceptable field review by the Licensor, correction of any attachment deficiencies identified by the Licensor and any other reasonable conditions imposed by the Licensor. If such conditions are not satisfactorily met, in the sole discretion of the Licensor, such attachment shall be removed in accordance with the provisions of Section 4.10 hereof. 1.03 Distribution Area The distribution area covered by this agreement shall be that portion of Snohomish County and Camano Island as served by the Licensor. 1.04 Joint Ownership It is understood that some of the poles for which permits are sought from the Licensor under this agreement will not be owned solely and entirely by this Licensor and that such poles may be owned in party jointly with others. Accordingly, all references herein to "Licensor's poles" or "its poles" shall mean all poles in which the Licensor has an ownership interest including poles solely owned by the Licensor and poles owned by the Licensor jointly with others. The Licensor does not, by granting of a permit for any poles -2- to which it does not have complete or full ownership, in any manner warrant or grant or convey any permit or permitting rights on behalf of any other joint owner(s) of such poles and Licensor hereby specifically states that it has no rights to bargain for or permit for or on behalf of any other joint owner of any pole. As to jointly owned poles, the Licensee specifically understands and agrees that it will be required to make appropriate agreements for permits, licenses, or other written consent for Licensees' use of a jointly owned pole with all other joint owners of such poles; provided, further, that Licensee hereby agrees to be responsible for obtaining the appropriate permission from all joint owners and Licensee further agrees to hold harmless 'and indemnify the Licensor herein from any claims or damages alleged against Licensor by reason of the failure of Licensee to secure or obtain the appropriate permission, license, or permit from any other joint owners of such poles. 1.05 Licensor/Licensee Relationship No use, however extended, of the Licensor's poles under this agreement shall create or vest in Licensee any ownership or property right in said poles. It is expressly understood and agreed that the right of Licensee shall be and shall remain the right of a mere Licensee. Moreover, Licensee specifically understands and agrees that the permit rights granted herein and the specific permits granted pursuant to this agreement are non- exclusive, and Licensor may grant attachment rights to other parties for the use of the same poles for which Licensee has specific attachment permits; provided, however, that pole attachment rights subsequently granted by Licensor to other private parties pursuant to licenses, permits and/or rental agreements shall not limit or interfere with any prior attachment rights granted to Licensee hereunder or result in further rearrangement or make-ready costs to Licensee. 1.06 Other Users It is specifically understood and agreed that the permits granted pursuant to this agreement are non-exclusive and that other parties including utility companies, municipalities, and private parties have attachment privileges on Licensor's poles and, further, Licensor may continue to grant attachment privileges to other parties after Licensee has attached its facilities to a particular pole. Nothing in this agreement or elsewhere shall give the Licensee any exclusive right to the use of the Licensor's poles for any purpose, and the Licensor shall be free at any time, if Licensor so desires, to grant attachment rights to other users. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by the Licensor, by contract or otherwise, to Licensor's continuing right to extend attachment privileges to other users. The attachment privileges granted by the Licensor to Licensee shall be at all times subject to any contracts, agreements, and arrangements made by Licensor and such other users. However, pole attachment rights subsequently granted by Licensor to other private parties pursuant to licenses, permits and/or rental agreements shall not limit or interfere with any prior attachment rights or uses granted to Licensee hereunder or result in further rearrangement or make-ready costs to Licensee. -3- 1.07 Primary Use of Poles The Licensee expressly recognizes and agrees that the Licensor's poles are used and are to continue to be used primarily for the Licensor's purposes and for the purpose of joint users and, accordingly, the Licensee's use will be a secondary use and that this agreement is made and all permits granted hereunder are granted as an accommodation to the Licensee. Therefore, Licensee specifically agrees that it will pay, in addition to the charges specified in Article III below, all costs incurred by Licensor in connection with any work performed by the Licensor pursuant to this agreement in order to provide or maintain space on any poles for the Licensee's attachments, and any other costs incurred by the Licensor arising out of this agreement, as hereinafter provided. Licensee further agrees to be responsible for any consents, permits, taxes, licenses or other requirements that may be imposed upon Licensor by reason of this agreement and to pay all such taxes, fees, charges, and expenses as may be imposed upon Licensor as a result of this agreement. 1.08 Prohibited Equipment Under no circumstances shall a permit be granted hereunder for the attachment of any equipment which is intended to either admit or receive any radio frequency licensable by the FCC. Such prohibition shall include both direct attachments to the Licensor's poles and the placement of antennae between pole spans, utilizing existing attachments. However, nothing in this agreement shall prevent the Licensor from authorizing the attachment of such equipment to Licensor poles, or any other Licensor facilities, under a separate agreement containing terms and conditions for such attachments which are acceptable to the Licensor in its sole discretion. in II. PROCEDURES AND COSTS 2.01 Application Form Whenever the Licensee desires to obtain a permit to attach its equipment to any of the Licensor's poles, Licensee shall make a written application therefor on the application form provided by the District, a copy of the current version of which is attached to this agreement as Exhibit "A", and which application form may be revised from time to time in the sole discretion of the District. The Licensee shall provide all information requested upon such form including, but not limited to, the identification and location of the pole or poles involved, a description of Licensee's equipment which will be attached to each pole, and a detailed location map of the pole(s) requested (which map shall include applicable transformer serial numbers, facility computer numbers or other identifying information deemed acceptable by the Licensor in its sole discretion). Incomplete applications shall be returned to the Licensee without consideration for permission to attach. 2.02 Application Fee Each application shall be accompanied by an application fee in the amount set forth in Exhibit B, as amended from time to time. Such application fee shall cover the average costs of the preliminary survey described in paragraph 2.03 below and inspection of the completed attachment. Licensor shall annually review the application fee amount and provide at least six (6) months written notice to Licensee of any increase or decrease in such application fee. 2.03 Preliminary Survey by Licensor Upon receipt of the application form and location map, the Licensor agrees to make appropriate surveys of the pole(s) in question, in consultation with any other joint owners and, if the Licensee shall so request, with representatives of the Licensee. Pursuant to Article I above, the Licensor shall determine among other things: (a) Whether such poles are available for the Licensee's attachments; (b) Whether, in order to accommodate the attachments of Licensee, any rearrangement or other changes are necessary in the facilities of the Licensor or of other joint users of the poles in question; (c) Whether any poles in question require strengthening (guying and anchoring); (d) Whether any poles require replacement by taller or stronger poles. The preliminary survey shall not include an engineering estimate of the costs of performing those items described in sub -paragraphs (b), (c), and (d) of this paragraph. Such engineering estimates shall constitute "make-ready work" within the meaning of paragraph 2.04. -5- 2.04 Make Ready Work The phrase "make-ready work" shall include those items described in sub -paragraphs 2.03(b), (c), and (d) above. (a) Engineering Procedure. Upon completion of the survey, Licensor agrees to notify Licensee as to which of the poles in question are available for the Licensee's attachments including the exact location on the poles available or which will be available for the Licensee's attachments. Licensor further agrees to notify Licensee as to the make- ready work which will be required in order to accommodate the Licensee's attachments including an estimate of the costs of such make-ready work. Upon request of the Licensee, the Licensor shall allow the Licensee to review the work prints, together with available supporting cost details, in order that the Licensee may satisfy itself as to the make-ready work contemplated and the costs estimated by the Licensor. The Licensor agrees to consider any reasonable objections or comments made by the Licensee; provided, however, that the final decision as to the necessity for any make-ready work and the cost of such make-ready work shall be made by the Licensor. Upon receipt of the advance payment of the estimated make-ready costs as provided in paragraph 2.04(b) below, the Licensor shall proceed with such make-ready work, subject to the availability of the necessary materials, equipment and labor, and subject to the further requirement that such work not interfere with the service requirements of the Licensor. (b) Cost Accounting The Licensor shall determine the costs of make-ready work and such costs shall include: All materials, supplies, engineering, labor including overtime, board and lodging where necessary to meet the Licensee's requirements, supervision, transportation, taxes, general overhead, including appropriate loadings for such items as pension accruals, social security taxes, vacations, holidays, sickness, workman's compensation, and any other accounts under the uniform system of accounts applicable to Licensor as prescribed by the Federal Energy Regulatory Commission. (c) Pole Replacement Costs. With respect to the replacement of any poles, the costs shall be determined by the Licensor and shall include the total costs of the new pole, and removal of the old pole, of all transferring of the Licensor's attachments from the old to the new pole, and such other costs, if any, necessitated by the Licensee's requirement, all as defined above, less the total of salvage, if any, and the costs of such portion of the new pole, if any, which represents space reserved for the use of the Licensor and any joint users, greater than that provided for on the old pole. W 2.05 Confirmation by Licensee Within thirty (30) days after the Licensor notifies the Licensee of the contemplated make- ready work and the estimated make-ready cost, Licensee shall confirm in writing its decision to proceed. In the event Licensee does not so confirm in writing within thirty (30) days, its application pursuant to paragraph 2.01 above shall be deemed withdrawn. In such event, the application fee provided in paragraph 2.02 above shall not be refunded, and Licensee shall also be responsible for payment to the Licensor of the costs of determining the make-ready costs; provided, however, that such costs shall not be duplicitous. 2.06 Advance Payment of Estimated Costs In the event Licensee confirms its application, at the same time it shall pay to Licensor in advance the full amount of the costs as estimated by the Licensor, which are related to the work involved in the confirmed application. The Licensor may request, and the Licensee agrees to pay, additional advance payments, if the actual cost of the work performed, in the Licensor's judgment, exceeds the amount estimated for such work, subject, however, to the reasonable review and approval of the Licensee pursuant to paragraph 2.05 above. In the event Licensee fails and refuses to make advance payments within ten (10) days of the request by Licensor, the Licensor shall be under no further obligation to perform or continue any such make-ready work. In any event, Licensee shall not commence any construction or attempt to attach its facilities to the Licensor's poles until Licensee has paid to Licensor the costs of all make-ready work and Licensor has authorized Licensee in writing to proceed. 2.07 Poles Not Available In the event existing poles of Licensor are not available for contact by Licensee pursuant to Article I of this agreement, or if Licensor shall not have poles or pole facilities sufficient to fulfill Licensee's requirements for the attachment of Licensee's equipment, Licensee agrees to notify Licensor of its need for such pole facilities and to afford Licensor a right of first refusal to determine whether it wishes to provide pole facilities in such locations and in such manner as will fulfill the requirements of Licensee. In that regard, Licensee understands and agrees that it is in the best interest of the general public to maintain the number of poles on public thoroughfares and elsewhere to a reasonably practicable minimum and to avoid duplication of efforts. If Licensor elects to exercise its right of first refusal to provide pole facilities for Licensee, Licensor shall, at its own expense, erect pole facilities in such locations and in such a manner as to reasonably meet the service requirements of both Licensee and Licensor. Licensee, upon such performance by Licensor, agrees to follow through upon its application for a specific license for its attachments on such poles in the manner and procedure set forth in this agreement. It is understood and agreed that this right of first refusal does not obligate and does not require Licensor to provide pole space nor to grant Licensee permission to use any particular pole. On the other hand, Licensor specifically understands and agrees that if it refuses to grant a permit to Licensee to attach to an existing pole, or to provide new -7- pole facilities sufficient to meet Licensee's requirements, Licensee shall have the right to make any other arrangements it deems reasonably appropriate to provide for its equipment at the location desired, including the right to erect its own pole plant; provided, however, that Licensee's pole plant or alternative arrangements for its facilities shall not unreasonably interfere with the existing poles and facilities of Licensor. 2.08 Final Billing Payment Upon completion of the make-ready work as to any pole or poles for which Licensee has applied, Licensor shall forthwith submit a final billing to Licensee in Licensor's usual form for the actual costs, if any, in excess of the estimated costs previously paid by Licensee. If the estimated payments made by Licensee exceed the actual costs incurred by Licensor, Licensor agrees to refund the excess payment to Licensee within thirty (30) days of the date of the final billing. If the final billing exceeds the advance payment of estimated costs made by Licensee, Licensee agrees to pay to Licensor the difference - within thirty (30) days of the date of the final bill. With reference to the nature of the final billing, Licensee understands that Licensor's usual and existing books and records show Licensor's costs in broad categories, in summarized accounts, and without specific details. Accordingly, Licensee understands and agrees that its final billing will not include any detailed specification of costs other than the items and amounts usually found in the Licensor's existing books and records. In the event that Licensee shall desire further detailed specification for any billing, Licensee may request such additional detailed specification and source data available in the detailed books and records of Licensor; provided, however, that Licensee agrees to pay the reasonable costs of Licensor incurred in providing such detailed data and provided, further, that Licensor may require advance payment of the reasonable estimated cost of providing such information before Licensor is obligated to provide such detailed specification and source documents. 2.09 Subsequent Modifications of Licensee's Attachments If, in the Licensor's judgment, after the granting of any permit to the Licensee, the service needs of the Licensor or of any joint user, or any hazardous conditions, or the addition of the equipment of any public or governmental agency to a pole or poles requires the moving of the Licensee's facilities or any modification in the Licensee's plant, the Licensee agrees to make such changes at its own expense within thirty (30) days after the Licensor sends a notice to such effect, or within such shorter period as is feasible in the case of any hazardous condition. If, in the Licensor's judgment, such service needs or hazardous conditions require modifications in the Licensor's plant or in the plant of a joint user, including, without limiting the generality of the foregoing, the replacement of a pole or poles, and if such modifications would not be necessary except for the Licensees' occupancy of space on the poles, the Licensee agrees that such modifications shall be additional make-ready work under this agreement and that the Licensee shall -pay for the cost of such additional make-ready work in accordance with the provisions of this Article II. In the event of the Licensee's failure to comply with any request made by the Licensor under this Section, the Licensor shall have the option to cancel on fifteen (15) days' written notice the Licensee's permit with respect to any pole or poles affected by the Licensee's failure. The granting of attachment rights to any private party and the addition -8- of the equipment of any such private party to a pole or poles then occupied by Licensee shall not result in any further rearrangement expense or cost of additional make-ready work to Licensee, and any such costs or expense shall, pursuant to agreement between Licensor and such private party, be the exclusive responsibility of such party. 2.10 Unauthorized Pole Contacts - Penalty In the event Licensee shall contact any pole of Licensor without specific permit for such attachment, in addition to the application fees, make-ready costs, and permit fees set forth herein, Licensee also understands and agrees that it shall pay a penalty for each unauthorized pole contact in the amount set forth in Exhibit `B" hereto; provided that such amount may be increased from time to time upon at least six months written notice to the Licensee. In addition to said penalty, Licensee also understands and agrees to pay an application fee for such poles described in paragraph 2.02 above, and pole attachment fees described in paragraph 3.01 below. In addition, Licensee shall pay accrued attachment fees as determined in accordance with paragraph 3.01 below calculated from the date of such unauthorized attachment. In the event the Licensee cannot provide documentation satisfactory to the Licensor, in its sole discretion, as to the actual date of such unauthorized attachment, the Licensee shall be liable for accrued charges for such attachment for a period of five (5) years preceding the date of discovery by the Licensor of such unauthorized attachment. The amount calculated for such accrued charges will be based on the current attachment fee(s) in effect for a wholly -owned Licensor pole on the date of discovery by the Licensor of such unauthorized attachment. Said penalty, application fee, and accrued charges shall be paid by Licensee within thirty (30) days of the date Licensor notifies Licensee of the unauthorized pole contact. on I11. CHARGES 3.01 Amount (a) To the extent the attachments subject to this Agreement are used exclusively for public safety and other municipal purposes, the annual attachment fees set forth in Exhibit `B" hereto shall be waived, and in the absence of written notice to the Licensor to the contrary, Licensee shall not utilize such attachments for any other purpose. In the event Licensee uses any or all of the attachments subject to this Agreement for the purpose of generating revenues, Licensee shall provide Licensor prompt written notice of such use and shall pay to the Licensor for each such contact per pole, as consideration for the permits to place such attachments on Licensor's poles as described herein, the annual attachment fee(s) set forth in Exhibit `B" to this agreement. Such annual charges shall be paid in advance in equal semi-annual installments. In the event Licensor does not receive payment on or before the due date specified on the bill, a late penalty of one and one-half percent (1.5 %) per month shall be added on the unpaid amount past due. (b) Method of Computation The amount of semi-annual payment due for each six-month period shall be determined by Licensor based upon the total number of contacts on poles permitted as of December 15 for the January 1 to June 30 period and as of June 15 for the following July 1 to "December 31 period. (c) Interim Charges The amounts set forth in Exhibit `B shall be prorated per attachment per pole per month or fraction of a month from the dates of the granting of the permit for each attachment to the beginning of the next semi-annual billing period. Said interim charges shall be payable in advance at the time the permit application is filed for the remainder of the current six-month period. 3.02 Licensor's Right to Change Amount By giving at least six (6) months written notice to Licensee, Licensor may from time to time increase or decrease the attachment fees set forth in Exhibit `B" hereto. Such increase or decrease in fees shall take effect on the date specified in such notice. If such changes are not acceptable to Licensee, Licensee may terminate this agreement as hereinafter provided. 3.03 Refund In the event that the Licensor cancels any permit or permits for reason other than the Licensee's default, the Licensee shall be entitled to a refund for each full month remaining in the period for which rental has been paid. -10- IV. PERMIT ATTACHMENTS 4.01 Permission from Other Authority Before making any attachments to the Licensor's poles, the Licensee shall submit to the Licensor evidence satisfactory to the Licensor, of its authority to erect and maintain its facilities within public streets, highways and other thoroughfares, and shall secure any necessary license, permission or consent from federal, state or municipal authorities and shall secure any necessary easements from the owners of any property now or hereafter required for the construction and maintenance of Licensee's facilities at the locations of the poles of the Licensor to which it desires to attach, including permission for tree trimming, if necessary. (a) Existing Easements Licensee understands that Licensor's existing easements may not include the facilities and attachments of Licensee. In that event, it shall be the responsibility of Licensee to secure the necessary easement for the facilities and attachments of the Licensee. (b) Future Easements In the event Licensor elects to procure easement rights for its poles and facilities, Licensor will seek rights which cover the poles and facilities of Licensor only. 4.02 Specifications and Standards The Licensee at its own cost and expense shall construct, maintain and replace its attachments on Licensor's poles in accordance with the statutes of the State of Washington and the requirements and specifications of the current National Electrical Safety Code and any amendments or revisions thereof. In addition, all attachments shall be made by the Licensee in accordance with the Construction Standards set forth in Exhibit "C" attached hereto and made a part hereof, which may be revised from time to time in the sole discretion of the Licensor. The Licensee agrees to comply with the specifications of all Exhibits hereto, as revised from time to time by Licensor. 4.03 Maintenance Duties The Licensee shall, at its own cost and expense, maintain all of its attachments on the Licensor's poles in safe condition. 4.04 Damage to Facilities The Licensee shall exercise special precautions to avoid damage to facilities of the Licensor or other joint users on said poles, and hereby assumes all responsibility for any and all loss from such damage, caused by the acts, omissions or facilities of the Licensee, its employees or agents. The Licensee shall make an immediate report to the Licensor of -11- the occurrence of any damage and hereby agrees to reimburse the Licensor or other owners of the property damaged for the expense incurred in making repairs. 4.05 Modifications - Licensor Permission Required Permits, when granted, are for the specific equipment, facilities and location specified in the original application. Any subsequent modification in the nature or location of the attachment specified on the permit (including but not limited to overlashing or otherwise adding additional cable to the original attachment) shall require the Licensee to request modification to the existing permit or to apply for a separate permit for such additional attachment. Unauthorized modifications in the nature or location of attachments shall be subject to the penalties specified in Section 2.10 hereof (relating to unauthorized pole contacts) and to the provision set forth in Section 4.07 as set out below (requiring prompt removal of such modified attachments). 4.06 Inspection The Licensor may inspect each new installation of the Licensee on its poles and in the vicinity of its lines or facilities and make periodic inspections of the entire plant of the Licensee as plant conditions may warrant; and the Licensee shall reimburse the Licensor for the cost of such surveys and inspections. Such inspections shall not operate to relieve the Licensee of any responsibility, obligation or liability assumed under this agreement. Licensor further agrees that it will not exercise this inspection right in an arbitrary or capricious manner. 4.07 Prompt Removal Required Upon notice from the Licensor to the Licensee that (i) Licensee's use of any pole or poles is forbidden by federal, state or municipal authorities, or property owners, or (ii) Licensor has notice of any misstatement or omission in the information provided by the Licensee in its application form, or (iii) Licensee has modified its attachments without complying with Section 4.05 hereof, Licensee's permission to attach to such pole or poles shall immediately terminate and Licensee shall remove its cables, wires, appliances and other attachments from the affected pole or poles within a period of fifteen (15) working days (or, with respect to subsection (i) above, such other time period as may be established by such federal, state or municipal authority or property owner). Upon failure of Licensee to remove such attachments within the applicable time period, Licensor may remove them and charge all costs associated with such removal to Licensee. 4.08 Maintenance Rights The Licensor reserves for itself, its successors and assigns, the right to maintain its poles and to operate its facilities thereon in such manner as will best enable them to fulfill their public service requirements. -12- 4.09 Claims by Licensee and Licensee's Customers The Licensor shall not be liable to the Licensee or the Licensee's customers, and the Licensee shall indemnify, protect and save harmless the Licensor against any claims by the Licensee's customers, for any interruption to the service of the Licensee, or for interference with the operation of the cables, wires and appliances of the Licensee arising in any manner whatsoever, including, without Iimiting the generality of the foregoing, any such interruption or interference arising out of action taken by the Licensor pursuant to Section 6.02 of Article VI of this agreement, or for any other damage suffered by the Licensee or its customers, whether or not any such interruption, interference or damage is caused by the negligence or misconduct of the Licensor or of other joint users or of agents or employees of the Licensor or other joint users. The Licensee specifically waives any claim for consequential damages or loss of profits. 4.10 Time for Removal Whenever, pursuant to the provisions of this agreement, Licensee shall be required to remove its attachments from any poles, such removal shall be made, except as otherwise specifically provided, within thirty (30) days following the giving of notice to Licensee by Licensor to so remove. Upon failure of Licensee to remove such attachments within such thirty (30) days or as otherwise required, Licensor may remove them and charge all costs associated with such removal to Licensee. 4.11 Transfer of Attachments The Licensor, in the course of replacement or removal of solely owned poles or jointly owned poles, shall provide the Licensee with notification of the Licensor's anticipated schedule of work prior to the performance of the work. Licensee, upon receipt of the anticipated work schedule, may elect to contact Licensor's foreman and attempt to coordinate the work. Licensor is not required to provide exact time schedules but to the extent such information is available to the Licensor, shall make reasonable efforts to provide the Licensee with information regarding crew assignments and a listing of Licensor's crew communication numbers. The Licensor reserves the right to change such schedule, but shall make a reasonable attempt to notify Licensee of such changes. Licensor is under no obligation to coordinate such work with Licensee with the exception of work sites which require all entities involved to coordinate the work for the purpose of safety of the crews and the public. In the event the Licensee is able to coordinate the transfer of Licensee's facilities during the course of the work simultaneously being performed by the Licensor, Licensee shall perform such work in a time and manner so as to permit Licensor to remove obsolete and/or depreciated pole(s) during the course of Licensor's work. Licensor shall not be required to remain at a work site longer than thirty (30) minutes to allow Licensee to complete its work such that removal of obsolete and/or depreciated poles is performed by the Licensor. If the Licensee has not completed the transfer of its attachments within such time, the Licensor shall provide written notification to the Licensee of the completion date of Licensor's work. Licensor agrees that Licensee shall have thirty (30) days following such -13- notice by Licensor in which to transfer its attachments; provided, however, that said time period may be shortened in the event of a bona fide emergency situation requiring prompt action. In the event multiple Licensees have facilities on Licensor's poles, the last Licensee removing its facilities shall assume complete responsibility for any obsolete and/or depreciated poles and their subsequent removal. Licensor shall maintain records of Licensee's notification to the Licensor of the date of removal or transfer of facilities. In the event a dispute arises as to which Licensee was the last to remove its facilities, Licensor shall rely on such records to determine Licensee responsibility for such pole removal. In the event Licensee fails to arrange for such pole removal in the time specified above, then Licensor may remove such pole and charge all costs associated with such removal to Licensee. Notwithstanding the foregoing, if the Licensee is present at the worksite during the replacement or removal of Licensor's poles as set forth above and, due to operational or other reasons, the Licensor does not permit the Licensee to proceed with the removal of such facilities, the Licensor shall assume the obligation to remove such obsolete and/or depreciated poles. -14- V. LIABILITY, DAMAGES AND INSURANCE 5.01 Indemnification and Hold Harmless Provision The Licensee shall indemnify, protect and save harmless the Licensor and other joint users of said poles from and against any and all loss, liability, damages and expense including attorney's fees and costs of defense arising out of any demand, claim, suit or judgment for damages to property or injury to or death of persons, including the officers, agents, and employees of either part hereto and other joint users of said poles, including payment made under any Workman's Compensation law or any plan for employee's disability and death benefits, which may arise directly out of or be caused directly by the erection, maintenance, presence, use or removal of the Licensee's attachments, pursuant to this agreement, or by the proximity of the respective cables, wires, apparatus and appliances of the parties hereto or other joint users of said poles, or arising out of any act or omission or alleged act or omission of the Licensee, including any claims and demands of customers of the Licensee or others, and irrespective of any fault, failure, negligence or alleged negligence on the part of the Licensor in the performance of any act or duty required by or created or arising under this agreement. 5.02 Liability Insurance The Licensee shall carry insurance, at its sole cost and expense to protect the Licensor and joint users in respect of the Licensee's liability for indemnification under Article IV, Section 4.09 and Article V, Section 5.01, of this agreement, and from and against any and all claims and demands and from and against any and all actions, judgments, costs, expense and liabilities of every name and nature which may arise or result, directly or indirectly from or by reason of the acts or omissions of the Licensee hereunder and irrespective of any fault, negligence or alleged negligence on the part of the Licensor or of any joint user of said poles. (a) Property Damage The amount of such insurance against liability due to damage shall be $1,000,000 as to each incident. (b) Personal Liability The amount of such insurance against liability due to personal injury or death shall be $1,000,000 as to any one incident. (c) Increase in Limits Because of the indefinite term of this agreement, Licensee understands that circumstances may change and that an increase in the limits of liability insurance may be necessary. Accordingly, Licensee agrees that Licensor may reasonably require an increase in the limits of liability insurance and Licensee further agrees to provide such insurance in increased amounts as a condition to Licensee's continued use of Licensor's -15- poles. If Licensee is unwilling or unable to obtain insurance in such increased limits, Licensee shall be deemed to have terminated this agreement and shall be required to remove its attachments and facilities from Licensor's poles in accordance with Section 4.10 above. (d) Workman's Compensation Licensee agrees to comply with the requirements of any Workman's Compensation laws that may be applicable. (e) Insurance Policies Licensee agrees to furnish copies of all insurance policies to the Licensor annually upon the anniversary date of this agreement. All insurance required hereunder shall remain in force for the entire life of this agreement. The company or companies issuing such insurance and the form of the policies issued shall be approved by the Licensor. The Licensor shall be named as an additional insured party in all policies. All policies shall contain provisions that the insurance is issued to insure the Licensee, the Licensor, and the joint users from all liabilities of the Licensee under this agreement. The policy must provide that it may not be canceled or changed except following thirty (30) tD days notice to the Licensor. (f) Primary Coverage Required The insurance required herein shall apply separately to each insured except with respect to the limits. The insurance shall provide primary coverage to Licensor and shall not be contributory with or excess to other insurance maintained by Licensor. 5.03 Notification of Claims The Licensee shall promptly advise the Licensor of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by, or directly or indirectly associated with, the erection, maintenance, presence, use or removal of the Licensee's equipment. Copies of all accident or other reports made to any insurer by the Licensee shall be furnished to the Licensor. -16- VI. REMEDIES ON DEFAULT 6.01 Licensor's Termination Rights If Licensee fails to pay any sum due Licensor under this agreement, Licensor shall have the right to terminate this agreement; provided, however, that Licensor shall give Licensee written notice of such default and Licensor's intent to terminate, and Licensee shall have thirty (30) days in which to cure such default. In addition to Licensor's right of termination set forth above, and Licensor's rights of termination set forth in other provisions of this agreement, Licensor shall have the further right to terminate this agreement or to cancel a particular permit or permits for specific pole attachments if the Licensee shall default in any manner in performing any action required under this agreement; provided, however, that the Licensor shall give Licensee written notice of such default and Licensor's intent to terminate, and Licensee shall have thirty (30) days in which to cure such default. Any termination pursuant to this paragraph shall be effective immediately upon the Licensor's mailing the notice of termination to Licensee following the expiration of the thirty (30) day period to cure the default. Termination of this agreement or any specific permit shall not release Licensee from any liability or obligations under this agreement, including, without limiting the generality of the foregoing, the obligation to continue to pay pole attachment charges as provided in Article III of this agreement for such time as Licensee's attachments remain on Licensor's poles and Licensee's obligation to pay any costs of removal. 6.02 Licensee's Duty to Remove Attachments Upon termination of this agreement, or cancellation of any permit or permits issued pursuant to this agreement, Licensee agrees to remove its attachments from any poles affected within thirty (30) days after the effective date of such termination or cancellation, except as otherwise provided herein. (a) Licensee's Failure to Remove or Make Changes In the event that Licensee shall fail to make any change in its plant required by Licensor or shall fail to remove any attachments upon cancellation of any specific permit or upon termination of this agreement, Licensor shall have the right to make such changes or effect such removals. (b) Emergency In case of emergency or immediate service needs of Licensor, Licensor may perform such removal or change work without notice to Licensee or upon such notice as may be reasonable under the circumstances. -17- (c) Costs of Licensee's Work Licensee shall pay all costs of any removal or changes performed by Licensor. Said costs shall be determined in accordance with the provisions of Article II of this agreement. Licensee shall pay such costs within thirty (30) days of the date of Licensor's billing for such costs. 6.03 Attorney's Fees and Costs In the event that either party should commence any suit, action, or other legal proceedings against the other party to enforce this agreement, the prevailing party in such suit, action or proceedings shall be entitled to recover, in addition to any judgment or decree for costs, such reasonable attorney's fees, accounting fees, and expert witness fees as the prevailing party may have incurred in such suit, action or proceedings, including appeal. The "prevailing party" for the purposes of this paragraph and the amount(s) to be awarded shall be determined by the court having final jurisdiction in such suit, action or proceeding. -18- VII. DURATION OF AGREEMENT 7.01 Duration. In General The duration of this agreement shall be indefinite, subject to the rights of termination of either party as set forth herein; provided, however, that either party shall have the right to terminate this agreement without cause by giving six (6) months written notice of termination. 7.02 Failure to Implement This agreement shall terminate six (6) months from the date hereof if Licensee has not applied for any permit within that period. This agreement shall terminate one (1) year from the date hereof if no permit has been granted hereunder within that period; however, that the agreement shall not terminate under this paragraph if Licensee has pending an application for a permit, and Licensor has failed to act thereon within such period. 7.03 Specific Permits The parties understand and agree that this agreement contemplates the subsequent issuance by Licensor of permits for specific poles. Accordingly, each party has certain rights to cancel specific permits as hereinafter set forth without terminating this agreement. (a) Licensee's Rights to Cancel Permits The Licensee may cancel or relinquish its permit or permits to any specific pole or poles by removing its attachments therefrom and giving appropriate notice of such removal to Licensor on a form provided by Licensor, a copy of which is attached to this agreement as Exhibit "D". Licensees liability for pole attachment charges for such attachments shall terminate as of the end of the month in which such notice is given and the attachments have been removed. The amount of refund or credit shall be based upon the pole attachment charges set forth in Article III above, or as the same may from time to time be adjusted; provided, however, that in no event may the amount of refund exceed the amount actually paid by Licensee for the months in question. (b) Licensor's Rights Licensor may at any time revoke a permit to attach to any specific pole or poles by giving thirty (30) days' written notice to Licensee, such written notice to specify the reason for such revocation or cancellation. Licensee agrees to remove its attachments from the pole or poles in question within said thirty (30) days, except as otherwise provided herein. In such event, Licensee shall be entitled to a refund of prepaid pole attachment charges commencing on the date the attachments are removed through the remaining period for which such charges have been paid. -19- 7.04 Other Governmental Authorities Licensee's rights under this agreement shall remain subject to the express condition that Licensee continue to comply with all applicable laws, statutes, rules, and regulations now in effect or which may hereafter be issued by local, state and federal governmental entities. Accordingly, this agreement is subject to termination by Licensor without notice, or, where circumstances permit, upon five (5) days' written notice to Licensee upon appropriate request or mandate issued by a governmental agency with requisite authority. -20- VIII. GENERAL PROVISIONS 8.01 Assignment Prohibited The Licensee shall not in any way assign, transfer, sublet or encumber this agreement, nor any of the privileges hereby granted to it, without the prior written consent of the Licensor. For the purpose of this agreement, assignment and transfer shall be deemed to include (but not be limited to) the assignment and transfer of this agreement to any joint venture of which the Licensee is a partner, to any subsidiary, parent or affiliated or controlled corporation, to any corporation with which Licensee may be merged or consolidated, or to any corporation to which Licensee may sell substantially all its assets. Licensor agrees that it will not unreasonably withhold approval of a written request by Licensee. However, Licensor reserves the right to require Licensee to provide appropriate information in order to properly evaluate the request including information pertaining to the financial stability and technical expertise of the proposed assignee, transferee, or sublicensee. Subject to the foregoing, however, this agreement shall extend to and bind the successors and assigns of the parties hereto. 8.02 Non -Waiver Failure to enforce or insist upon compliance with any of the terms or conditions of this agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 8.03 Entire Agreement, Amendments This agreement constitutes the entire agreement between the parties and may not be modified or amended nor may any obligation of either party be changed or discharged except in writing signed by the duly authorized officer or agency of the party to be changed. 8.04 Waiver of Jury Trial The Licensor and Licensee each hereby waive any right to a trial by jury in any litigation arising out of this agreement or out of the Licensee's use of space on the Licensor's poles. 8.05 Mail Addresses Any notice to be given to the Licensor under this agreement shall be sent by mail to: Public Utility District No. 1 of Snohomish County P.O. Box 1107 Everett, Washington 98206 Attention: Joint Use-02 -21- Any notice to be given to the Licensee under this agreement shall be sent by mail to: Le al gtificatto o' S Operations 4215 05+.19 (Pg Ed At11J I. NF-fo m1N Any such notice shall be effective immediately upon being deposited in the United States Mail. 8.06 Washington Law This agreement shall be governed by, and interpreted according to, the laws of Washington. 8.07 Department of Revenue In the event the Department of Revenue of the State of Washington shall require the Licensor to provide certain information concerning Licensee, Licensee agrees to cooperate with and assist Licensor in providing information, data, or such other matters as may be required by said Department of Revenue. Licensee specifically agrees to provide Licensor with appropriate data as determined or required by the State Department of Revenue concerning its pole attachments in each taxing district and such other data as may hereafter be required by said Department of Revenue. 8.08 Paragraph Heading The paragraph headings used in this agreement are merely for ease of reference by the parties. The paragraph headings are not intended to restrict or limit the applicability of the language within any specific paragraph. In the event of a conflict between the text of a paragraph and the paragraph heading, the text shall control. LICENSOR: PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH YOUNTY By:&"21a �A Assistant deneral Manager LICENSE : By:--MfLT e F J_F M PADS am),Hfii9f�ENSoN, ln'gy /q -22- EXHIBIT C pin T&D Guideline 4 - 19 - 1.0 PAGE 1 OF 11 Pole Attachment Guidelines REV. 3 MAY 24, 2005 Scope This standard covers District requirements for rental and joint ownership pole attachments. Reference Standards All clearances between conductors and climbing/working space requirements shall meet the minimum requirements of the latest editions of the Washington Administrative Code (WAC) 296-44 or the National Electrical Safety Code (NESC), whichever is greater. Definitions District — Snohomish County Public Utility District No. 1. Foreign Utility — Any utility, public agency, communications company or other entity besides the District that attaches to any District owned facility. Joint Ownership — Refers to poles which are jointly owned by the District and VERIZON Third Party — Any foreign utility (except VERIZON) that attaches to a District/VERIZON jointly owned pole. Supply Space - The vertical space on a pole that is occupied by the electric supply conductors and/or hardware. The bot- tom of the supply space is the bottom of the lowest supply -owned conductor. Communications Space — The vertical space on a pole below the 40" separation space which is occupied by commu- nications lines (as defined by the NESC, communication lines include, but are not limited to telephone, CATV, and District owned fiber optic lines). Separation Space — The vertical space (40" per WAC 296-44-21287 and NESC 235) on a pole separating the supply space and the communications space. This space is intended to provide a safe working clearance for workers in the commu- nication space. Pole Face — The side or half of the pole that contains the pole gain. Pole Gain — The notch in the pole that contains the pole manufacturing information. The pole gain is located 12 feet from the butt of the pole. General Attachment Requirements Cables and Guys Communications lines shall be attached to the same side of the pole as the power neutral conductor. If the power neutral conductor is on a primary crossarm, communication cables shall be installed on the road face of the pole. Communication lines shall be tensioned or guyed in a way that does not alter the angle of existing structures or change the sag characteristics of power conductors. Communication guys may be attached to District anchors provided the anchor has sufficient unused strength to support the attachment. If the existing District anchor cannot support an additional guy attachment, then the foreign utility must provide their own anchor. Every communication line shall be clearly marked or labeled with the owner's name at or near the point of attachment. All guys shall be bonded or shall have strain insulators installed. Pole Drilling Field drilled pole holes shall be treated with a 2% copper naphthenate solution or other District approved wood preservative. 5" Min. -I Road Side C 0 M ME U C N OLCGain C S AU T R I E O N S Figure 4.1 Risers Field Side sNakuiuiaH �u�Nrr Pun n�euc w nl �r wu.x �+o. Pale Attachment Guidelines Equipment Mounting T&D Guideline 4-19-1.0 PAGE 2 OF 11 REV. 3 MAY 24, 2005 Through bolt ends shall not protrude more than two inches beyond the nut on the other side of the pole. Attachments to steel poles shall be bolted or welded. Banding attachments to steel poles is not permitted. Galvanized surfaces damaged during attachment shall be recoated. Risers Communications cables transitioning from overhead to underground shall be mounted in riser conduits. Service wires may be attached directly to the pole, contiguous to the pole ground if present. Communication risers shall be installed on the pole face (see Figure 4.1). If power or communication risers are already installed, additional communication risers shall be installed alongside the existing risers. All risers except for power supply risers shall be installed in conduit and mounted on 15 inch standoff brackets to provide a minimum 5 inch clearance from the pole. Existing standoff brackets shall be used when available. If new brackets are needed, the communications company shall provide and install brackets conforming to the latest revision of District Material Standard 761123.1 or District approved equal. Brackets shall be spaced 5 feet apart with the lowermost bracket no lower than 8 feet above ground line (see Figure 4.2). Power risers for pole mounted communication power supplies must be installed high enough to ensure that the 40 inch separation space is maintained between the bottom of the drip loop and the top of the communications space (see Figure 4.3). In no case shall the bottom of the drip loop be lower than the lowermost piece of pole hardware in the supply space. System Maximum power riser diameter is 1-1l2 inch. Pole mounted power Neutral supplies shall be designed for 120 volt, 15 amp single phase service. Electric service for any equipment that is not a self contained pole mounted power supply as described earlier shall be provided by a District installed underground service pedestal or over- head Service drop. 40" Min. 1 Separation I Space ! I Communications Communications 5.. I I Space Cable Min. I I I 5, l I Maxi I I 5. l l Max. I I I Pole Gain 8'-0" Min. Figure 4.2 Bottom of Drip Loop I 8I t I Supply Space Power Riser 1-1/2" Dia. Max. Communications Cable 40" Min. Separation Space I Communications Space POWER SUPPLY ENCLOSURE ! ! 16' Max. I I I Pole ! 1 g, Face - A— 4, � Figure 4.3 ..s+aii kNM� rP u n • , - rtinvc uiii,ir onurci mo. � � PAGE 3 OF 11 Peale Attachment Guidelines REV. 3 MAY 24, 2005 Enclosures Communication enclosures shall be mounted on either the road side or the field side of the pole. Enclosures shall be mounted on standoff brackets to provide a minimum 5 inch .clearance from the pole. Maximum enclosure size is 26 inches wide x 36 inches high x 16 inches deep. Maximum weight is 500 lbs. All metallic enclosures shall be effectively grounded. A 3 foot zone on the pole is allocated for mounting communication enclosures. This zone extends from 13 to 16 feet above ground line (see Figure 4.3). Multiple enclosures are allowed within this 3 foot zone as long as a minimum of 1 foot separa- tion between enclosures is maintained and all enclosures are mounted on the same side of the pole. No more than one power supply enclosure per pole is permitted. Battery pac power supplies and power supplies that may be supplied by portable generators during outage conditions must be equipped with feedback voltage protection to prevent power from the unit being routed back into the District's system. Antennas Wireless communications antenna assemblies fall into two general types, celluar or PCS antennas installed in the the supply space and low -power FCC license -exempt antennas installed in the communications space. Antennas located in the supply space shall be installed and maintained by qualified line workers. Supply space antennas must be installed a minimum of 10 feet above District owned conductors operating at 12.47kV or less and 15 feet above District conductors operating over 12.47kV (see Figure 4.4). Most celluar or PCS antenna attachments will involve setting new or replacing existing poles to meet clearance and structural requirements. The District will evaluate each antenna installation and will determine if the pole in question has sufficient unused space and capacity to accommodate the attachment. Per pole, a maximum of one antenna assembly each will be allowed in the communications space and supply space. Multiple antennas in the supply or communications space will require a variance from the District. l IXTA 12.47kV Figure 4.4 1PW °� T&D Guideline 4 - 19 - 1.0 PAGE 4OF11 Pole Attachment Guidelines REV.3 MAY 24, 2005 Antennas (continued) Antennas mounted in the communications space must be attached on the side of the pole opposite the pole face so as not to obstruct District risers. The 40 inch separation space must be maintained between all points on the antenna and the District's lowest attachment. A minimum 5 inch clearance must be maintained between the antenna mounting base and the pole. If the antenna assembly uses "YAGI" type directional antennas, they must be positioned so as to provide 24 inches clear climbing space (see Figure 4.4). Risers installed in conjunction with wireless communications antennas must conform to District standards for communications risers. System Antennayv v Front View Figure 4.5 Antenna Top V i ew SNI]Ha1MI1M C V YN Ix r�uo wcua U1-0 04, W, no. T&D Guideline 4-19-1.0 PAGE 5 OF 11 Pole Attachment Guidelines REV.3 MAY 24. 2005 Grounding Conductive communications messengers shall be bonded when District pole grounds are present. The pole ground shall not be cut or damaged when connecting foreign utility grounds. If a ground is needed and no District pole ground is available, the foreign utility may install their ground and extend a #4 solid soft drawn copper ground wire up to the top of the communication space, leaving sufficient ground wire coiled to reach and connect to the District's neutral. Immediately notify the District's Crew Dispatch at 783-5524 that the ground wire is ready for connection and the District will extend and connect the ground wire to the District's neutral. Decorative Object Attachments All decorative object attachments, such as banners, hanging flower baskets or Christmas lights shall be mounted on the road side of the pole as indicated in Figure 4.5. Decorative objects shall be mounted between 12 to 16 feet above ground and shall extend no farther than 42 inches away from the pole. Maximum allowable weight of decorative object and mounting bracket is 50 pounds. Decorative objects shall not overhang roadway. Banners or other objects shall not be strung between District poles or between a District pole and any other supporting member. 16' Max. 42" Max. from pole 12' Min. Road, Driveable Surface Ground 9&M%W r, - Not Vehicle Accessible - Figure 4.5 CLU© T&D Guideline 4 - 19 - 1.0 PAGE 60FII Pole Attachment Guidelines REV. 3 MAY 24. 2005 CLEARANCE REQUIREMENTS Distribution Clearances at Supports A minimum clearance of 40 inches must be maintained between the bottom of the supply space and the top of the communi- cation space. The supply space begins at the bottom of the lowest piece of supply equipment. Supply equipment includes, but is not limited to neutral and secondary clevises, bare and insulated secondary wires (except for street light wire drip loops), guy hardware and equipment platforms (see Figure 5.1- Figure 5.4). Neutral ' 1 Secondary or Clevis I I Service Conductors System I 1 Supply Space I Neutral Supply I Space I } ! P I -------------- I I I ! 40" Min. I ! 40" Min. I 1 Drip Loop Separation I I Separation I 1 Space i i Space I I 1 1 Communication �y e I Communication I I Space ti- Space Figure 5.1 Figure 5.2 Guy Hook>�1 I ! Secondary I i Riser Supply Space I Supply Space I I I I ! 40" Min. 40" Min. I I 1 I Separation i Separation I I Space i i Space 11 Communication Communication I I Space �� Space Figure 5.3 Figure 5.4 pCJ® T&D Guideline 4 -19 - 1.0 PAGE 7 OF 11 Pole Attachment Guidelines REV.3 MAY 24, 2005 Distribution Clearances at Supports (Continued) Primary Conductor If the primary and neutral conductors are mounted on a crossarm at System Neutral the same level and there is no other supply equipment mounted 1— below the primary arm, then the minimum clearance between the supply conductors and the communication space is 7 feet (see ° Figure 5.5). Note: When working near energized wires, equipment or T-0" Min. parts, refer to WAC 296-24-960 for minimum clearance re- Separation quirements. Space Communication Cable Midspan Distribution Clearances Midspan clearance between the supply space and the communications space at any point in the span cannot be less than 30 inches from secondary/service/neutral conductors and 5 feet - 3 inches from primary conduc- tors (see Figures 5.6 & 5.7). Midspan clearances are measured based on the final unloaded sag at the maxi- mum operating temperature of the supply conductors. Communication Space Figure 5.5 I � I I I Secondary/Service/Neutral Conductor I I II 11 II II II it I I 30" Min. I I it II 11 it li II I I Upper Communication Cable i } II Il Figure 5.6 Distribution lIIIIII Primary Supply Conductors III II I! I I 5'-3" Min. li I II II , Il I I Upper Communication Cable i I ll II Transmission Clearances Clearances on transmission poles that have no distribution underbuild will be stipulated on the attachment permit. eHnK.remnH cuu.arr PUa &■ Guideline - i wetiK v+ni�r oi�+air� rvv. t PAGE 8 OF 11 Pole Attachment Guidelines REV. 3 MAY 24. 2005 Street Light Clearances Provided certain minimum clearances are met, street lights may be mounted in the separation space or below the communi- cation space. When street lights are mounted above communication cables, a minimum of 12 inches of clearance must be maintained between the top of the communication space and the bottom of the street light drip loop. This may be reduced to 3" if the drip loop is covered with a non-conductive covering extending at least 2" beyond the drip loop. A minimum of 20 inches of clearance must be mantained between the top of the communication space and the bottom of the street light bracket. This may be reduced to 4" if the mast arm is effectively grounded. (see Figure 5.8). Supply Space 4== Street Light B rackG t Arm 40" Min. I Separation I Space -- I I i� I I Unbonded Arm - 20" Min. 12' Min. if Uncovered I I Bonded Arm - 4" Min. 3" Min. If Covered I I I I I I Communication . I Communication Space -� Cable i Figure 5.8 Supply space I I — For street lights mounted below communications space, a minimum of 1 20 inches of clearance must be maintained between the bottom of the i communication space and the top of the street light bracket. This, may be reduced to 4" in the mast arm is effectively grounded. A minimum of 40 inches of clearance must be maintained between the bottom of the communication space and uncovered street light conductors. A protective Separation I moulding will be used to cover energized street light conductors passing Space I through the communication space (see Figure 5.9). I 1 Protective Street Light I I Moulding Bracket Arm Communication I Space S 1 Communication ! i Cable 20" Min. I I Bonded ! 4" Min, I 1 40" Min. to Top of Uncovered Wires 45' Jointly Owned Pole - 18' 4" Max. Height Above Grade I I 45' PUD Owned Pole - 17' 4" Max Height Above Grade ! I I I Figure 5.9 eMv�om�nn cauH�r Puo R�l����G���i��0•L..Me Nn i Pole Attachment Guidelines T& D Guideline i 4-19-1.0 PAGE 9 OF 11 REV. 3 MAY 24.2005 I Service Entrance Clearance Communication service drops shall have a minimum 12 inch clearance from District service drops at any point in the span down to their point of attachment at the customer's service entrance (see figure 5.10). This applies to service entrance attach- ments at buildings and meter poles. Minimum clearance at a District service pole or distribution pole is 40 inches. 8" Minn.. — 1 � 12" Min. Separation Space I Climbing Space Figure 5.10 Service Entrance Secondary or Service Conductors Drip Loop Communication Service Drop To provide adequate clearances on the pole for safe ascent and descent by line personnel, a clear climbing space of 24 inches between communication cables must be provided (see Figure 5.11). This space must extend 40 inches above and below the limiting cables. The climbing space may be rotated around the pole for continued climbing if the climbing spaces in different quadrants overlap (refer to WAC 296-44-21273). Road Face 1 I_ Communication Cables Communication Drop Wires Risers Field Face 1 1 Climbing Space I } 1 24" Min. l I I I 2a" Min. --H I Figure 5.11 Communication Drop Wires CAM® T&D Guideline 4 - 19 - 1.0 PAGE 10OF11 Pole Attachment Guidelines REV.3 MAY 24, 2005 Pole Space Allocation Jointly Owned District/VERIZON Poles Most distribution poles in the District's system are jointly owned by the District and VERIZON. Per our current Joint Use Agreement with VERIZON, 45 foot tall poles are standard for new distribution construction. District, VERIZON and third party communication attachments on 45 foot joint distribution poles are shown in Figure 6.1. An 18 inch space is reserved for third party communication attachments. This space extends from 25.5 feet to 27 feet Joint PUDNerizon 45' Pole above grade. No third party attachments shall be made above or below this space.. A 6 inch clearance shall be maintained between attachments in this space. New attachments must be made at the highest available position in the communication space. If the communication space is filled on a 45 foot joint pole and third party communications company wishes to attach, they may request the District install a 50 foot pole. The company requesting the taller pole will be billed per Section 2.04 of the District Pole Attachment Agreement. Because most District trucks cannot reach distribution facilities on poles over 50 feet tall, the District will not install poles taller than 50 feet to provide additional third party communications attachments. 40" NESC Min. Clearance 18„ Communication - Space 12" Buffer Zone 54" Verizon Space 27' " -%K V V 41, �� ��� r � Figure 6.1 Rn�]NUMfON CuyNry uv itiei�r u uu,r vn i.ce r rro- s T&D Guideline 4-19-1.0 PAGE 11 OF 11 Pole Attachment Guidelines REV.3 MAY 24. 2005 District Owned Distribution Poles Some District distribution and all District transmission poles are 100% District owned. All communication company at- tachments on these poles are subject to the District Pole Attachment Agreement. Space allocation on a new 45 foot District owned pole is shown in Figure 6.2. A 6 foot space is reserved for third party communication attachments. This space extends from 19 feet to 25 feet above grade. No non -District communication attachments shall be made above or below this space. A 6 inch clearance shall be maintained between attachments in this space. New attachments must be made District Owned 45'Pole at the highest available position in the communication space, with the exception of VERIZON attachments. VERIZON cables shall be attached at the lowest available position in the communications space that provides adequate clearance and is consistent with VERIZON attachments on adjacent joint District/VERIZON poles. A 12 inch space directly above the communication space shall be reserved for District communication use. If the communication space is filled on a 45 foot pole and a com- munications company wishes to attach, they may request the District install a 50 foot pole. The company requesting the taller pole will be billed per Section 2.04 of the District Pole Attachment Agreement. Because most District trucks cannot reach distribution facilities on poles over 50 feet tall, the District will not install poles taller than 50 feet to provide additional third party communications attachments. Figure 6.2 40" NESC Min. Clearance 12„ District Communications Communication 6 Space 26' r MH 1 Ca11Nry _ PUBLIC UTILITY DISTRICT No.1 PO Box 1107 Everett, WA 98206 4/02 Applicant Company EXHIBIT D POLE ATTACHMENT REMOVAL NOTIFICATION Date: .pplicant hereby wishes to terminate attachment(s) to District poles as indicated on the ttached maps. Such termination shall be effective at which time Applicant hall have removed all of its facilities. 'his Request for Termination is submitted in accordance with Licensor's present policies and is xpressly subject to the provisions set forth in the Pole Attachment License Agreement. inclose sketch identifying Licensor's poles to which equipment will be attached including pole umbers. (If necessary, contact the Licensor for assistance in identifying pole numbers.) Applicant/Licensee: he District hereby has terminated your attachment to the pole(s) specified. Licensor: PUBLIC UTILITY DISTRICT NO.1 OF SNOHOMISH COUNTY Termination Accepted By: Date: Exhibit B Contact Fee Schedule Effective July 1, 2006 Application IF cc Application fees shall be determined as follows: $65, including the first pole and $3 for each additional pole per application. Separate application must be made for poles located in a different Section, Township and Range. Annual Contact Fees Cornmunication Cable (aerial rate) Each contact fee provides one foot of vertical space on a pole and provides for a maximum of 2" cross section of cable/messenger diameter. Additional pole space required to provide minimum clearances per Exhibit "C" or cables of larger diameter will result in additional contact fees. Wholly -owned District Pole (a pole solely owned by Licensor) $ 10.69 (per contact) Jointly -owned Pole (a pole jointly owned by Licensor and another owner) $ 6.83 (per contact) Auxiliary Equipment (non -aerial rate) Each contact fee provides one foot of vertical space on the pole. Equipment requiring more than one vertical foot of space on the pole will be charged additional contact fees. Power supplies, junction cabinets, and splice boxes are considered auxiliary equipment. Power supplies, for example, require an average of 2 feet of space per attachment. Wholly -owned District Pole Jointly -owned Pole $9.08 (per contact/foot) $5.80 (per contact/foot) Unauthorized Contact Penalty (Bootleg) $50.00 (per pole) plus application fees and 5 (five) years back rent at current wholly -owned District pole rate. )=" EXHIBIT A Application Reference # POLE ATTACHMENT APPLICATION PO Box 1107 Everett, WA 98206 1511 Rev. 4/02 Applicant must complete all sections, clearly and legibly or application will be returned to Applicant. All Applicants must have a current Pole Attachment License Agreement on file with the District. Date: Company Name Identify type of business entity (corporation, partnership, joint venture, etc.) . , -# of ..New Contacts Proposed Caristruction Date Total # of poles applied for # of Overlash Maps must indicate overlmh/new contact poles Twn-Rrig-Sec-1/4 Sec Tax Area Code Attachment ❑ Coax Auxilliary Equipment: ❑ Junction Cabinet Type: ❑ Fiber El Traffic Signal El Power Supply ❑Other ❑ Guy Wire Anchoring to be indicated on maps Cabinet dimensions Proposed Attachment Location on Pole (Distance down from District Neutral) H x W x D Overall Cross Section: El1" - 2" Stringing Tension (in lbs.) (Messenger & Cables) ❑ 2" - 3"❑ >3„ This application is submitted in accordance with Licensor's present policies and is expressly subject to the provisions set forth in the Pole Attachment License Agreement. Applications for attachment to District transmission poles will require specific loading data to include diameter, weight and tension of proposed attachment. Enclose sketch identifying Licensor's poles to which equipment will be attached including pole numbers. (If necessary, contact the Licensor for assistance in identifying pole numbers.) It shall be Applicant's responsibility to maintain proper clearances and conform to all District requirements, all requirements of the National Electrical Safety Code and applicable state and local electrical codes, and all other applicable laws and regulations. If you have questions regarding this application, please contact: Applicant/Licensee: Engineer: By: Phone: