HomeMy WebLinkAboutR-2012-108 City Light Poles; Water Meter Reader Transmitters/Repeaters; Nob Hill Water Association Revocable License AgreementRESOLUTION NO. R-2012-108
A RESOLUTION authorizing the City Manager to execute a Revocable License
Agreement between Nob Hill Water Association (Licensee) and the
City of Yakima, governing Licensee's installation, attachment and
maintenance of water meter reader transmitters and/or repeaters to
City light poles, and/or Licensee's placement of poles within the City
right-of-way, all as support infrastructure for Licensee's automatic
water meter reader system.
WHEREAS, Nob Hill Water Association has requested a license and right to
install, attach and maintain water meter reader transmitters and/or repeaters to City light
poles, and/or placement of poles within the City right-of-way, as necessary for the support
of Licensee's automatic water meter reader system; and
WHEREAS, an automatic water meter reader system would benefit the provision
of potable water to the City and its citizens, as well as assisting the Nob Hill Water
Association with greater accuracy and efficiency in tracking customers' water consumption
and potential systemic problems; and
WHEREAS, the Nob Hill Water Association shall reimburse all direct costs
incurred by the City to permit this licensed use, including but not limited to administrative
support, City personnel's time spent preparing for the equipment installation and the direct
costs of power consumed by the equipment; and
WHEREAS, the Yakima City Council finds and determines that it is in the public
interest to grant Nob Hill Water Association a Revocable License Agreement, attached
hereto and incorporated herein by this reference, to authorize and allow Licensee's
installation of automatic water meter reader infrastructure on poles installed within City
right-of-way and on City light poles located within the City limits, Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Revocable License Agreement, thereby permitting the Nob Hill Water
Association to install, attach and maintain water meter reader transmitters, repeaters and
other necessary infrastructure to City light poles, and/or to place poles within the City
right-of-way, all to support the operation of Licensee's automatic water meter reader
system.
ADOPTED BY THE CITY COUNCIL this 4th day of September, 2012.
ATTEST:
Micah wley, Mayor
Revocable License Agreement for Pole Attachment
1.0 PURPOSE.
1.1
This is a Revocable License Agreement between the City of Yakima, a municipal corporation
("Licensor") and Nob Hill Water Association ("Licensee"), governing Licensee's installation,
attachment and maintenance of water meter reader transmitters and/or repeaters ("Facilities") to
Licensor's City light poles ("Poles") and/or placement of poles within the City Right -of -Way, all as
support for Licensee's automatic water meter reader system
2.0 SCOPE.
2.1 Subject to the provisions of this Agreement and Licensor's applicable processes, Licensor
agrees to grant Licensee a nonexclusive, revocable license authorizing Licensee to
attach, maintain, rearrange, transfer and remove, at its sole expense, its Facilities on
certain previously identified and approved Poles and upon specified Right -of -Way owned
or controlled by Licensor pursuant to and as described in the attached "Approved Pole
Use Locations" list attached hereto and fully incorporated herein as Exhibit "A".
2.2 Licensor agrees to provide access to Poles and Right -of -Way access identified pursuant
to this Agreernent for attachment of Licensee's Facilities. Any and all rights granted to
Licensee shall be subject to and subordinate to any present and future local, state and/or
federal requirements.
2 3 Licensor shall permit use of Pole space until such time as Licensor has an actual need for
that space, at which time Licensor may recover the space for its own use Licensor shall
give the displaced Licensee ninety (90) days written notice of the reclamation of space to
allow Licensee to make alternate arrangements, if available, including but not limited to
allowing Licensee to pay for any reasonable modifications needed to continue to
accommodate Licensee's Attachments that would otherwise be displaced.
2 4 Except as expressly provided herein, nothing in this Agreement shall be construed to
require or compel Licensor to construct, install, modify, or place any Poles or other facility
for use by Licensee.
3.0 DEFINITIONS.
"Agreement" means this License Agreement for use of space on Poles or use of City Right -of -
Way for Licensee's pole location.
"Audit" means a periodic full system physical examination of Licensor's Poles and Right -of -Way
used or occupied by Licensee and any of Licensee's Facilities for the purpose of i) verifying the
presence or location of all such Facilities, or ii) determining whether Licensee is in compliance
with the requirements and specifications of this Agreement.
"Facilities" includes, but is not limited to, antennas, cables, wires, conductors, fiber optics,
insulators, connectors, fasteners, transformers, capacitors, switches, batteries, amplifiers,
repeaters, transmitters, photocells, materials, appurtenances, or apparatus of any sort, whether
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License Agreement for Street Light Poles
electrical or physical in nature, including without limitation all support equipment such as guy
wires, anchors, anchor rods, grounds, clamps and other accessories attached to or occupying
Licensor's Poles and Right -of -Way.
"Make-ready Work" means all engineering, inspection, design, planning, construction, or other
work reasonably necessary to prepare Licensor's Poles for the installation of Licensee's
Attachments, including without limitation, work related to accessing electrical power, fastening
Facilities, and the installation of new Poles on Right -of -Way.
"National Electrical Safety Code" or "NESC" means the current edition, and any supplements
thereto and revisions or replacements thereof, of the publication, so named, published by the
Institute of Electrical and Electronics Engineers, Inc., for the purpose of safeguarding persons
and property during the installation, operation, or maintenance of electric supply and
communication lines and associated equipment.
"Order" means the individual orders for attachment or placement of Facilities to Poles, as well as
the location of poles in Right -of -Way, submitted by Licensee and approved by Licensor granting
permission to attach, install, maintain and modify Licensee's Facilities to Poles, and to install
poles, pursuant to the terms and conditions set forth in this Agreement.
"Poles" means the street light poles owned or controlled by Licensor.
4.0 TERM.
4 1 This Agreement shall commence upon execution by both parties and continue until such
time as the use granted by this License is no longer required, or until the License is
revoked, whichever shall first occur.
4.2 Any permission granted under any individual application for Pole attachments shall
continue in effect from the effective date until terminated by either party as provided
herein
5.0 TERMINATION.
5 1 Licensor may terminate this Agreement (which will have the effect of terminating all
individually approved attachments hereunder), for Cause, by providing notice of such
termination in writing and by certified Mail to Licensee "Cause" as used herein shall
include, but is not limited to, Licensee's use of its Facilities in material violation of this
Agreement, any applicable law, rule, regulation or order, or in aid of any unlawful act or
making an unauthorized modification to Licensor's Poles, or any act or omission that
violates the terms and conditions of any underlying Right -of -Way agreements. In the
event Licensor issues a notice of termination for Cause, Licensee shall have fifteen (15)
days within which to cure the problem asserted in the notice to the satisfaction of the
Licensor If an acceptable cure is not provided within that time, the termination will take
effect as provided in the notice.
5.2 To the extent permitted by law, either party may terminate this Agreement without cause
(which will have the effect of terminating all approved uses hereunder), or any individual
approvals hereunder, without cause, by providing notice of such termination in writing and
by certified Mail to the other party ninety (90) days prior to the effective termination
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License Agreement for Street Light Poles
5.3 Termination of this Agreement or any approved use hereunder does not release either
party from any liability under this Agreement that may have accrued or that arises out of
any claim that may have been accruing at the time of termination, including indemnity,
warranties, and confidential information.
5 4 If Licensor terminates this Agreement for Cause, or if Licensee terminates this Agreement
without Cause, Licensee shall remove its Facilities from the Poles within ninety (90) days
following the identified effective termination date, or be deemed to have caused Licensor
to remove its Facilities from the Poles at Licensee's expense; provided, however, that
Licensee shall be liable for and pay all appropriate and applicable use fees and charges
provided for in this Agreement to Licensor until Licensee's Facilities are physically
removed. Notwithstanding anything herein to the contrary, upon the termination of this
Agreement for any reason whatsoever, all approved uses hereunder shall simultaneously
terminate.
5.5 If this Agreement or any approved use is terminated for reasons other than Cause, then
Licensee shall remove its Facilities from Poles within one hundred and eighty (180) days
from the date of termination; provided, however, that Licensee shall be liable for and pay
all appropriate and applicable fees and charges provided for in this Agreement to Licensor
until Licensee's Facilities are physically removed.
5.6 Licensor may abandon or sell any Poles at any time by giving written notice to Licensee in
accord with paragraph 8 6, below. Any Poles that are sold will be sold subject to all
existing legal rights of Licensee. Upon abandonment or sale of poles, if required by
Licensor, Licensee shall, within fifteen (15) calendar days of such notice, either' 1)
continue to occupy the Poles pursuant to its existing rights under this Agreement if the
Poles are purchased by another party; 2) purchase the Poles from Licensor at the current
market value; or 3) remove its Facilities therefrom
6.0 CHARGES AND BILLING.
6.1. As applicable and specifically agreed upon by the parties, Licensee shall pay the following
fees: Field Verification/Inspection Fee, Make -Ready Fee, Pole Attachment Fee, and
Electrical Power Usage Fee. Usage fees will be assessed on an annual basis Annual
usage fees will be assessed as of January 1 of each year Applicable Field
Verification/Inspection Fees and Make -Ready Fees shall be paid in advance. All other
charges, including but not limited to nonroutine inspection charges, unauthorized
attachment charges and audit charges shall be paid within thirty (30) days following
receipt of invoices. All fees are not refundable except as expressly provided herein Any
outstanding invoice will be subject to applicable finance charges at the rate of one and
one half percent (1.5%) per month or the greatest amount allowable under law, whichever
is higher
6 2. Licensor has the right to revise any of its fees upon written notice to Licensee within at
least sixty (60) days prior to the end of any annual billing period.
7.0 INSURANCE.
During the effective term of this License Agreement Licensee shall secure and maintain in effect
insurance to protect Licensor from and against all claims, damages, losses, and expenses arising
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License Agreement for Street Light Poles
out of or resulting from the performance of this Agreement. Licensee shall provide and maintain in
force insurance in limits no less than that stated below, as applicable. Licensor reserves the right
to require higher limits should it be deemed necessary in the best interest of the public
7.1 Commercial General Liability Insurance. Before this License Agreement is fully
executed by the parties, Licensee shall provide Licensor with a certificate of insurance as
proof of commercial liability insurance and commercial umbrella liability insurance with a
total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit bodily injury and property damage, and Two Million Dollars
($2,000,000.00) general aggregate (per project). The policy shall include employers
liability (Washington Stop Gap). The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name Licensor, its elected officials, officers, agents, employees, and volunteers as
additional insureds The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
7.2 Commercial Automobile Liability Insurance.
a If Licensee owns any vehicles, before this Contract is fully executed by the parties,
Licensee shall provide Licensor with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability insurance with a total
minimum liability limit of Two Million Dollars ($2,000,000 00) per occurrence combined
single limit bodily injury and property damage. Automobile liability will apply to "Any Auto"
and be shown on the certificate
b If Licensee does not own any vehicles, only "Non -owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at the
same limits as required in Section 7 2(a) entitled "Commercial Liability Insurance"
c Under either situation described above in Section 7.2(a) and Section 7 2(b), the
required certificate of insurance shall clearly state who the provider is, the coverage
amount, the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this License Agreement. The policy shall
name Licensor, its elected officials, officers, agents, employees, and volunteers as
additional insureds The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
8.0 CONSTRUCTION AND MAINTENANCE OF FACILITIES.
8 1 Licensor retains the right, in its sole judgment, to determine the availability of space on
Poles consistent with applicable rules, regulations and orders. In the event Licensor
determines that rearrangement of the existing Facilities on Poles is required before
Licensee's Facilities can be accommodated, the cost of such modification will be included
in the Licensee's nonrecurring charges as Make -Ready Work for the associated Poles
Order. Any poles added by Licensee in Licensor's right-of-way shall be pre -approved by
Licensor prior to being installed. Installation of poles and Facilities shall be at Licensee's
sole risk and responsibility and in accord with all necessary permits and applicable
regulations related thereto
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License Agreement for Street Light Poles
8.2 Prior to installing any poles in Licensor's Right -of -Way, or Facilities on Licensor's Poles,
Licensee shall provide notice to Licensor of the specific use and location of said
installation or use and shall pay all applicable costs and obtain all necessary permits,
approvals or other legal authority and permission, at the Licensee's sole expense.
Required permits shall include, but not limited to, a City Street Break Permit, as required
for work conducted within the City Right -of -Way. The Licensee shall comply with all
conditions of rights-of-way and Orders
8.3 Licensee's Facilities shall be placed and maintained in accordance with the requirements
and specifications of current Industry Standards, the National Electrical Code, the NESC,
the rules and regulations of the Occupational Safety and Health Act, and in compliance
with Licensor's permits and procedures, if applicable, all of which are incorporated herein
by this reference, together with any other governing authority having jurisdiction of the
subject matter of this Agreement. Where a difference in specifications exists, the more
stringent shall apply. In particular, Licensee agrees that, consistent with industry practice
and in consideration of safety and service concerns, Licensor's Facilities shall take
Attachment priority on Licensor's Poles All other Facilities shall be placed to
accommodate Licensor's Facilities, as directed by Licensor. Failure to maintain Facilities
in accordance with the above requirements shall be considered Cause for termination of
authorization for Attachment. Termination of more than two (2) Attachments in any
twelve-month period pursuant to the foregoing sentence shall be deemed Cause for
purposes of termination of this Agreement. If applicable, Licensor's procedures governing
its standard maintenance practices shall be made available upon request for public
inspection at the Licensor's premises Licensee's procedures governing its standard
maintenance practices for Facilities shall be made available to Licensor upon request.
Licensee shall within thirty (30) days after notification of noncompliance, comply and
provide the requested information to Licensor and bring their Facilities into compliance
with the stated terms and conditions.
8.4 In the event of any electrical service outage or physical damage affecting Licensor's
Poles, repairs shall be effectuated as quickly as is reasonably possible. Except for the
negligent acts or omissions of Licensor, Licensor shall not be responsible to Licensee in
any way for any loss of information, service availability or any other effects whatsoever to
Licensee's Facilities associated with a loss of power to, or physical damage to Licensor's
Pole or Poles.
8.5 Licensee shall maintain and provide to the Licensor a current "Approved Pole Use
Locations" list (Exhibit "A") of all Licensor's Poles utilized by Licensee for Facilities
installation. The list shall be updated as necessary to indicate any additional Poles used
by Licensee and /or changes in Poles used, and shall also include the Pole number
assigned to each of Licensor's Poles utilized for Facilities mounting, together with specific
identification of each of the Facilities mounted thereon All Facilities mounted on
Licensor's Poles shall be labeled with legible permanent identification indicating Licensee
as owner and an independent device identification to allow Licensor to refer to a specific
device when communicating with Licensee. Poles that Licensee installs in Licensor's
right-of-way shall also include individual identification, shall be included on the "Approved
Pole Use Locations" list and shall be identified by specific location as poles added by
Licensee in Licensor's right-of-way.
8 6 In the event Licensor plans to relocate a Pole that includes Licensee's attached Facilities,
or requires the relocation of a pole Licensee previously located in Licensor's right-of-way,
Licensor shall provide Licensee with fifteen (15) days written notice of the intent to cause
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License Agreement for Street Light Poles
said relocation. Upon receiving said notice, Licensee shall remove said Facilities and / or
poles, at Licensee's expense, within the fifteen day notice period Licensor and Licensee
shall coordinate a new location for the Facilities so removed, as may be necessary.
9.0 INSPECTION OF FACILITIES AND AUDIT. Licensor reserves the right to make inspections of
each of Licensee's Attachments and related equipment at any time Licensor may charge
Licensee for the expense of any inspection and for necessary make ready work including pre -
construction, post construction, and with reasonable discretion, subsequent and periodic
inspections of Licensee's Facilities occupying the Pole system and Licensor's Right -of -Way
Licensee shall reimburse Licensor for the cost of such inspections at the rate established herein
9.1 Where final construction inspection by Licensor has been completed, Licensee shall be
obligated to correct non -complying conditions within thirty (30) days of receiving written
notice from Licensor In the event the corrections are not completed within the thirty (30)
day period, occupancy authorization for the Poles system where non -complying conditions
remain uncorrected shall terminate immediately, regardless of whether Licensee has
energized the Facilities occupying said Poles system, unless Licensor has provided
Licensee a written extension to comply. Licensee shall remove its Facilities from said
Poles in accordance with the provisions set forth in Section 12 of this Agreement. No
further occupancy authorization shall be issued to Licensee until such non -complying
conditions are corrected or until Licensee's Facilities are removed from the Pole where
such non -complying conditions exist. If agreed to in writing, by both parties, Licensor shall
perform such corrections and Licensee shall pay Licensor the cost of performing such
work. Subsequent inspections to determine if appropriate corrective action has been taken
may be made by Licensor.
9.2 The costs of inspections made during construction and/or the final construction survey
and subsequent inspection shall be billed to the Licensee within thirty (30) days upon
completion of the inspection.
9 3 Final construction, subsequent and periodic inspections or the failure to make such
inspections, shall not impose any liability of any kind upon Licensor, and shall not relieve
Licensee of any responsibilities, obligations, or liability arising under this Agreement.
9.4 Licensor reserves the right to perform a full system, physical inspection of Licensee's
attachments ("Audit") at any time after the execution of this agreement, but not more
frequently than once every five years ("Audit"), upon at least sixty (60) days prior written
notice. However, Licensor may require a "verification" inventory to be taken of all Poles
utilized by Licensee more frequently than every five years in the event of a pattern of
Licensee's non-performance of its obligations hereunder Licensor shall notify Licensee in
writing of such "verification" inventory thirty (30) days in advance of the inventory
10.0 UNAUTHORIZED FACILITIES.
10.1 If any Facilities are found attached to Poles for which no use approval is in effect,
Licensor, without prejudice to any other rights or remedies under this Agreement, shall
assess an unauthorized attachment fee of Fifty Dollars ($50.00) per unauthorized Facility,
and require the Licensee to submit in writing, within ten (10) days after receipt of written
notification from Licensor of the unauthorized occupancy, a request for additional Pole
use Licensor shall waive the unauthorized attachment fee if the unauthorized attachment
arose due to error by Licensor rather than by Licensee. If such application is not received
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License Agreement for Street Light Poles
by Licensor within the specified time period, the Licensee shall be required to remove its
unauthorized facility within ten (10) days of the final date for submitting the request for
additional Pole use, Licensor may remove the Licensee's Facilities without liability for
damage, and the cost of such removal shall be borne by the Licensee Any Facilities so
removed shall be returned to Licensee
10.2 No act or failure to act by Licensor with regard to an unauthorized attachment or
occupancy shall be deemed to constitute the authorization of the attachment or
occupancy; any authorization that may be granted subsequently shall not operate
retroactively or constitute a waiver by Licensor of any of its rights of privileges under this
Agreement or otherwise. For the purpose of determining the applicable usage charges,
unless otherwise determined, the unauthorized Poles occupancy shall be treated as
having existed from the initiation of the use permitted under this Revocable License and
the charges, as specified in Section 6, shall be due and payable forthwith for that period of
use, whether or not Licensee is permitted to continue the attachment/occupancy of the
Poles system.
11.0 REMOVAL OF FACILITIES Should Licensor, under the provisions of this Agreement, remove
Licensee's Facilities from the Poles covered by any Order (or otherwise), Licensor will deliver the
Facilities removed to Licensee, upon payment by Licensee of the cost of removal together with
any other amounts due Licensor. If payment is not received by Licensor within thirty (30) days,
Licensee will be deemed to have abandoned such Facilities, and Licensor may dispose of said
Facilities as it determines to be appropriate If Licensor must dispose of said Facilities, such
action will not relieve Licensee of any other financial responsibility associated with such removal
as provided herein. If Licensee removes its Facilities from Poles for reasons other than repair or
maintenance purposes, the Licensee shall have no right to replace such Facilities on the Poles
until such time as all outstanding charges that are due to Licensor for previous occupancy have
been paid in full.
12.0 INDEMNIFICATION AND LIMITATION OF LIABILITIES.
12 1. Licensee agrees to protect, defend, indemnify and hold harmless Licensor, its elected
officials, officers, employees, agents, and volunteers from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including reasonable costs and attorney fees)
resulting from death or bodily injury to any person or damage or destruction to a third
party or third parties to the extent caused by any negligent act and/or omission of
Licensee, its officers, employees, agents, volunteers and/or subcontractors, arising out of
the performance of this Contract.
12.2 If the negligence or willful misconduct of both Licensee and Licensor (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between Licensee and Licensor in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
12.3 Nothing contained in this Section or this Contract shall be construed to create a liability or
a right of indemnification in any third party.
13.0 DISPUTE RESOLUTION / CHOICE OF LAW / VENUE.
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License Agreement for Street Light Poles
In the event that any dispute shall arise as to the interpretation of this Revocable License
Agreement, or in the event of a notice of default as to whether such default does constitute a
breach of the contract, and if the parties hereto cannot mutually settle such differences, then the
parties shall first pursue mediation as a means to resolve the dispute. If the afore mentioned
method is not successful then any dispute relating to this Agreement shall be decided in a court
of law If both parties consent in writing, other available means of dispute resolution may be
implemented. This Agreement shall be governed by and construed in accordance with the laws
of the state of Washington. The venue for any action to enforce or interpret this Agreement shall
lie in a court of proper jurisdiction in Yakima County, Washington
14.0 LAWFULNESS. This Agreement and the parties' actions under this Agreement shall comply with
all applicable federal, state, and local laws, rules, regulations, court orders, and governmental
agency orders Any change in rates, charges or regulations mandated by the legally constituted
authorities will act as a modification of any contract to that extent without further notice. Nothing
contained herein shall substitute for or be deemed a waiver of the parties' respective rights and
obligations under applicable federal, state and local laws, regulations and guidelines.
15.0 SEVERABILITY. In the event that a court, governmental agency, or regulatory agency with
proper jurisdiction determines that this Agreement or a provision of this Agreement is unlawful,
this Agreement, or that provision of the Agreement to the extent it is unlawful, shall terminate. If a
provision of this Agreement is terminated but the parties can legally, commercially and practicably
continue without the terminated provision, the remainder of this Agreement shall continue in
effect.
16.0 GENERAL PROVISIONS.
16.1 No term, covenant or condition of this Agreement or any breach thereof shall be deemed
waived, unless such waiver shall be in writing and executed by the party claimed to have
waived the same The waiver of any breach by a party, whether express or implied, shall
not constitute a waiver of any subsequent breach. This Agreement may not be amended,
nor shall any change or discharge be affected except by an appropriate writing executed
by the parties. No course of dealing or failure of any party to strictly enforce any term,
right, or condition of this Agreement in any instance constitutes a general waiver or
relinquishment of the term, right or condition
16.2 This Agreement shall not be assignable by Licensee without the express written consent
of Licensor Assignment of this Agreement by Licensee to Licensee's subsidiary or
affiliate shall be presumed to be reasonable; provided, however, that Licensee must
obtain Licensor's prior written consent in any event. Licensee shall provide prior written
notice to Licensor in the event of a merger, reorganization, change in stock ownership,
change in control or other event affecting the organizational structure of Licensee.
16.3 This Agreement benefits Licensee and Licensor. There are no third party beneficiaries.
16.4 This Agreement constitutes the entire understanding between Licensee and Licensor with
respect to matters set forth herein and supersedes any prior agreements or
understandings.
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License Agreement for Street Light Poles
17. NOTICES
Address for Notices
LICENSOR:
City of Yakima — Public Works Administration
2301 Fruitvale Blvd.
Yakima, WA 98902
Contact: Joe Rosenlund
Phone: (509) 575-6005
FAX: (509) 575-6238
Address for Notices
LICENSEE:
Nob Hill Water Association
6111 Tieton Dr.
Yakima, WA 98908
Contact: Dave England
Phone: (509) 966-0272
FAX: (509) 966-0740
The parties hereby execute and authorize this Agreement as of the latest date shown below:
LICE SORCit Yakima
Tony O'Rberke, City Manager
Date
CITY coNTRAC r NO;
RESOLUTION NO;
Page 9
LICENSEE - Nob Hill
ater Association
Signature
William J. Allison
Name Typed or Printed
Vice President
Title
September 11,2012
Date
License Agreement for Street Light Poles
Exhibit A
Nob Hill Water Association Water Meter Transmitter Facilities
City Pole and Streetlight Locations
1
Tieton Dr / S 75th Ave, SE corner on S 75th
Use Streetlight
2
Chestnut / S 70th Ave
Use Streetlight
3
Yakima Ave / 62nd Ave
Use Streetlight
4
601 S 57th Ave
Use Streetlight
5
S 48th Ave / Bristol Way, SE corner
Use Streetlight
6
Ahtanum / S 64th Ave, NW corner
Use Streetlight
Street light is on wood pole
7
Occidental / S 77th Ave, NW corner
Use Streetlight
8
Easy St, North side, Approx 100' East of S 69th Ave
Use Streetlight
9
Wellington / Whatcom, SW corner
Use Streetlight
10
1815 S 71st Ave
Use Streetlight
11
S 88th Ave / Midvale, SE corner
Use Streetlight
12
Chestnut Ave, North side, between 9207 & 9205
Use Streetlight
13
Summitview / N 87th Ave, SW corner
Use Streetlight
14
Summitview between 4507 and 4509
Use Streetlight
15
Summitview / N 56th Ave, NW corner
Use Streetlight
16
7007 Gregory PI
Use Streetlight
17
S 48th Ave / Viola, SW corner
Install Pole
18
S 38th Ave / Carol, west side T intersection
Install Pole
19
Englewood Crest Dr / Viewcrest Way, NW corner
Install Pole
20
Englewood Dr/ N 44th Ave, SE corner
Install Pole
21
6915 Lincoln Ave, North side, West edge of property line
Install Pole
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON/TELEPHONE:
SUMMARY EXPLANATION:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / f
For Meeting of: September 4, 2012
Resolution authorizing a Revocable License Agreement
with Nob Hill Water Association (Licensee) providing for
installation, attachment and maintenance of automated
water meter reader equipment to City light poles, and/or
utilizing City right-of-way for equipment installation and
maintenance.
Jeff Cutter, City Attorney
Jeff Cutter, City Attorney/575-6030
Nob Hill Water Association has requested permission to utilize City light poles, as well as to
install its own poles in certain City right-of-way, as support structure for the installation of
automatic meter reading equipment. To memorialize the City's permission to use its light
poles and right-of-way for the support of automatic meter reading equipment the City and
the Nob Hill Water Association must enter into the attached and incorporated Revocable
License Agreement.
The attached Agreement provides the specific terms and conditions by which the City will
permit the use of its light poles and right-of-way for the Association to install, attach, and
maintain the water meter reader transmitters, repeaters and infrastructure necessary to
support the automated reader system.
Installation of an automatic water meter reader system will benefit the City and its citizens,
as well as Nob Hill Water Association, by providing greater efficiency in billing, greater
accuracy of use history and an immediate indication of unusual flow rates that could help
avoid excessive water consumption resulting from service leaks. The Nob Hill Water
Association will reimburse the City for all costs associated with the use with regard to City
administration, actual field work required by City personnel and the cost of electrical power
necessary to operate the equipment.
Resolution X
Contract:
Contract Term:
Ordinance
Mail to:
Amount:
Other
(specify)
Expiration Date:
Insurance Required? No
Funding
Source:
APPROVED FOR
SUBMITTAL:
Phone:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution -Nob Hill Water Association License Agreement -Light Pole Attachment -8-2012
❑ Nob Hill agreement
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