107-22 - Puget Sound Energy - ContractRETURN ADDRESS:
Puget Sound Energy, Inc.
Real Estate Department
Attn: Connie Corpuz
3130 So. 3811' Street
Tacoma, WA 98409
PUGET SOUND ENERGY INC 202210040096
1
PUGET SOUND ENERGY Agreement RFee $ 207.50
10/04/2022 1:15 AM Page: 1 of 5
Paul Andrews, Kitsap Co Auditor
USE & OCCUPANCY LICENSE AGREEMENT
OWNER: CITY OF PORT ORCHARD
LICENSEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: NW / SW 01-23N-01 E
ASSESSOR'S PROPERTY TAX PARCEL: 012301-3-035-2000
THE CITY OF PORT ORCHARD, a Political Subdivision of the State of Washington ("Owner"), hereby
grants to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), a USE and OCCUPANCY
LICENSE AGREEMENT ("Agreement") for the purposes described below over, under, along, across and
through the following described real property ("Property") in Kitsap County, Washington:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.,
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
STARTING AT A POINT WHICH IS SOUTH 89012' EAST 30 FEET FROM THE
WEST QUARTER CORNER OF SAID SECTION 1;
THENCE SOUTH 89012' EAST 230 FEET;
THENCE SOUTH 00036' WEST 139.76 FEET;
THENCE NORTH 88012' WEST 230 FEET;
THENCE NORTH 00036' EAST 139.76 FEET TO THE POINT OF BEGINNING;
EXCEPT ANY PORTION THEREOF LYING WITHIN SE SALMONBERRY ROAD
AND BETHEL ROAD SE.
Except as may be otherwise set forth herein PSE's use and occupancy shall be exercised upon that portion
of the Property (hereinafter "Premises') described as follows:
THE NORTH TWENTY (20) FEET OF THE ABOVE DESCRIBED PROPERTY.
Use and Occupancy License Agreement
EPO-13 SALMONBERRY 3PH TREE WIRE FDR — PORT ORCHARD P01 8, P02
#153003849 / #101091036-R1 / RW-119525 / NOT-11717884
Page 1 of 5
1. Purpose. PSE shall have the right to use the Premises to construct, operate, maintain, repair,
replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission,
distribution and sale of electricity (hereinafter "facilities") as an interim measure until such time as the City
of Port Orchard commences construction as described in Section 6 below. Such systems may include, but
are not limited to:
Overhead facilities. Poles and other support structures with crossarms, braces, guys and
anchors; electric transmission and distribution lines; fiber optic cable and other lines, cables
and facilities for communications; transformers, street lights, meters, fixtures, attachments and
any and all other facilities or appurtenances necessary or convenient to any or all of the
foregoing.
Following the initial construction of all or a portion of its facilities, PSE may, from time to time,
construct such additional facilities as it may require for such systems. PSE shall have the right of access to
the Premises over and across the Property to enable PSE to exercise its rights granted in this Agreement.
2. Clearing and Maintenance. PSE shall have the right, but not the obligation to cut, remove and
dispose of any and all brush, trees or other vegetation on the Premises. PSE shall also have the right, but
not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the
establishment and growth of brush, trees or other vegetation in the Premises.
3. Restoration. Following initial installation, repair, extension or removal of its facilities, PSE shall
restore landscaping and surfaces and portions of the Property affected by PSE's work to the same or better
condition existing immediately prior to such work. PSE shall use good faith efforts to perform its restoration
obligations under this paragraph as soon as reasonably possible after the completion of PSE's work, but in
no case shall the restoration take longer than 180 days,
4. Owner's Use of Property and Premises. Owner reserves the right to use the Property and
the Premises for any purpose not inconsistent with the permissions herein granted, provided, however,
Owner shall not excavate within or otherwise change the grade of the Premises or construct or maintain
any structures on the Premises without a minimum of six (6) months' notice to PSE, and Owner shall
do no blasting within 300 feet of PSE's facilities without PSE's written consent.
5. Property and Premises Not Part of Franchise Area. PSE's Franchise Agreement with the
Owner dated August 23, 2016 is for PSE's use of the Owner's right of way only. The Property and Premises
are currently not right of way and therefore are outside of the Franchise Area and thus are not under the
terms of the Franchise Agreement. PSE's removal or relocation of its facilities onto, within, or outside of the
Premises or Property shall not be considered to be a "relocation" under the terms of the Franchise
Agreement.
6. PSE Not Entitled to Relocation Compensation. Should Owner have a public improvement
project for the expansion, improvement, relocation or maintenance of the right-of-way of SE Salmonberry
Road and/or a project which impacts the Property and such public improvement either impacts or makes it
necessary for utilities, including electric lines and/or appurtenances, to be removed or relocated, or if the
Owner determines that it is in the Owner's interest that the utilities, including electric lines and/or
appurtenances, to be removed or relocated, then PSE, its successors and assigns agree to remove or
relocate all of its facilities from the Property no later than six (6) months from the date of Notice from Owner.
Furthermore, PSE will not be entitled to any compensation, damages or other value for the repair, removal,
relocation or reconstruction thereof EXCEPT for those electric facilities covered by existing Easement AFN
1147978, granted October 18, 1976 by James C. Irish and Dorothy L. Irish, including pole P02 on Page 3
of PSE Work Sketch titled EPO-13 3Ph #2 TW, Electric Oder 101091036. Any removal, repair, relocation,
and/or reconstruction of pole P01 and appurtenances will be at the sole cost of PSE and the Owner will
provide no compensation for the same. However, Owner will work cooperatively with PSE to locate a
Use and Occupancy License Agreement
EPO-13 SALMONBERRY 3PH TREE WIRE FDR - PORT ORCHARD P01 & P02
#153003849 / #101091036-R1 / RW-119525 1 NOT-11717884 Page 2 of 5
suitable replacement location either within the expanded right-of-way or Property or elsewhere within the
Franchise Area to assist PSE in finding a replacement area that will not interfere with any Owner operations
or right of way use.
7. Indemnification / Hold Harmless. PSE shall defend, indemnify and hold harmless the Owner,
its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or
liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of
Property or from any activity, work or thing done, permitted, or suffered by PSE in or about the Property,
except only such injury or damage as shall have been occasioned by the negligence of the Owner. This
section shall survive termination.
8. Insurance.
A. Insurance Term. PSE shall procure and maintain for the duration of the use insurance
against claims for injuries to persons or damage to property which may arise from or
in connection with the use of the Property and the activities of PSE and its guests,
contractors, agents, representatives, volunteers and employees.
B. No Limitation. PSE's maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of PSE to the coverage provided by such
insurance, or otherwise limit the Owner's recourse to any remedy available at law or in
equity.
C. Required Insurance. PSE's required insurance shall be as follows:
General Liability insurance shall be at least as broad as Insurance Services Office
(ISO) occurrence form CG 00 01 covering premises, operations, products -completed
operations and contractual liability. Owner shall be included as an additional insured
on PSE's General Liability insurance policy using ISO Additional Insured -Managers or
Lessors of Premises Form CG 20 11 or an endorsement providing at least as broad
coverage. The General Liability insurance shall be written with limits no less than
$2,000,000 each occurrence, $5,000,000 general aggregate.
The insurance policy shall contain, or be endorsed to contain that PSE's insurance
coverage shall be primary insurance as respect to the Owner. Any insurance, self-
insurance, or self -insured pool coverage maintained by the Owner shall be excess of
PSE's insurance and shall not contribute with it.
D. Certificate of Insurance and Acceptability of Insurers. PSE shall provide a
certificate of insurance evidencing the required insurance before using the Premises.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A: VII. PSE may elect at its sole discretion to self -insure all or part of the insurance
required herein, and will provide Owner confirmation of its self-insurance program.
9. Termination. Owner may terminate this Agreement by providing PSE with at least six months'
notice of the date of termination. Upon receipt of such notice, PSE shall promptly begin removal and/or
relocation of its facilities from the Property in accordance with Section 6 of this Agreement. Following such
removal and/or relocation, PSE shall restore the Property in accordance with Section 3 of this Agreement,
10. Notices. All notices shall be in writing and deemed to have been given and received: (i) when
personally delivered to the Party at the address below; or (ii) 48 hours after being mailed by certified mail
with return receipt requested. Notices and invoices shall be sent to the following addresses:
Use and Occupancy License Agreement
EPO-13 SALMONBERRY 3PH TREE WIRE FDR — PORT ORCHARD P01 & P02
#153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 3 of 5
To Owner: To PSE:
City of Port Orchard Puget Sound Energy, Inc.
Attn. Public Works Director Real Estate Department
216 Prospect Street 3130 S. 38'" St.
Port Orchard WA 98366 Tacoma, WA 98409 CC
Each Party shall have the right, by written notice given to the other pursuant to the provisions of this
paragraph, to change from time to time the respective addresses at which notice shall be given.
11. No Third -Party Beneficiaries. The Parties agree that this Agreement is solely for the benefit
of PSE and the Owner and that no rights are granted to any third party by this Agreement.
12. Authority. All Parties executing this Agreement in a representative capacity covenant that all
necessary approvals have been granted to provide them with the authority to enter into this Agreement.
13. No Limitation. Nothing in this Agreement shall be deemed to waive any permit requirements
that may otherwise be required under local, state or federal law.
14. Non -Waiver Breach. The failure of a Party to insist upon strict performance of any of the
covenants and agreements contained herein, or to exercise any option herein conferred in one or more
instances shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be and remain in full force and effect.
15. Modification. No waiver, alteration, or modification to any of the provisions of this Agreement
shall be binding unless in writing, signed by the duly authorized representatives of PSE and Owner.
16. Entire Agreement. This document and its Exhibits contain the entire agreement between the
Parties with respect to the subject matter of this Agreement and shall supersede all prior verbal statements
of any officer or other representative of the Parties, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement.
17. Attorneys' Fees. If any Party employs an attorney to enforce or defend any claim or cause of
action arising out of or relating to this Agreement, the prevailing party in any such claim, cause of action or
arbitration shall be entitled to recover from the other all such prevailing party's reasonable attorneys' fees,
together with all costs and expenses incurred in connection therewith.
18. Cost of Agreement. As consideration for this Agreement, PSE agrees to reimburse the Owner
for its actual costs of reviewing, revising, negotiating, and processing this Agreement, including, but not
limited to actual attorneys' fees incurred by Owner. Such reimbursement shall be paid in full within thirty
(30) days of Owner providing an invoice to PSE for the same. Failure to reimburse the Owner's costs shall
be deemed a breach of this Agreement and will entitle the Owner to terminate this Agreement on thirty (30)
days written notice.
Use and Occupancy License Agreement
EPO-13 SALMONBERRY 3PH TREE WIRE FDR — PORT ORCHARD P01 & P02
#153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 4 of 5
DATED this day of �e-(— , 2022.
OWNER:
CITY OF PORT ORCHARD
a Political Subdivision of the State of Washington
By:
ROBERT PUTAANSUU, Mayor
STATE OF WASHINGTON )
) SS
COUNTY OF KITSAP )
PSE:
By: 9�AAli�,A'_V X'_0AA1 ' AAlbk - )I
S wn R. Greninger, Superviso
Real Estate
I certify that I know or have satisfactory evidence that ROBERT PUTAANSUU is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as Mayor of the CITY OF PORT ORCHARD
to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated: ? i 2022.
NOTA'q m
:r �•� _ �N TARY PUBLIC in a tate of Washington
%�.*•'s�o � - My Appointment Expires:
•��` • !l�pmbe(
0wA S HANG
STATE OF WA8HIhM31)<l�i� )
) SS
COUNTY OF PIERCE )
I certify that I know or have satisfactory evidence that SHAWN R. GRENINGER is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it as Supervisor, Real Estate of
PUGET SOUND ENERGY to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
2022.
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••• �_ NOTARY PUBLIC in and for the State of Washington
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a :r:S My Appointment Expires:
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Use and Occupancy License Agreement
EPO-13 SALMONBERRY 3PH TREE WIRE FDR - PORT ORCHARD P01 & P02
#153003849 / #101091036-R1 / RW-119525 / NOT-11717884 Page 5 of 5
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