2020/11/04 Council Agenda Packet

Snail IOMISII COUNTY D RCf i PUBIIC UTILITY DISTRICT NO. 1 HOST/OPERATOR AGREEMENT and LIMITED USE LICENSE THE CITY OF EVERETT, WASHINGTON, ("City"), a Washington municipal corporation, does herewith provide a Limited Use License ("License") to the PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, a Washington municipal corporation ("District"), for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, to install, operate, repair, and maintain two DC fast chargers for electrical vehicle charging located in the sidewalk adjacent to California Street in front of the District's main headquarters building, located at 2320 California St., in Everett, subject to the following terms, conditions and restrictions. 1. Term of License. The term of this License shall be for a period of Five (5) Years from the date of completion of installation of the Charging Equipment authorized under this License, subject to earlier termination as provided in Section 22. 2. Purpose of License. The District and the City have worked closely to propose a high quality location for DC fast chargers for electric vehicles. The District has pursued and received partial grant funding for a project that will include two DC fast chargers located in the City -owned sidewalk adjacent to California Street in front of the District's headquarters building (the "Project" and the "Charging Equipment"). The public would utilize two public parking spaces in California Street to access the Charging Equipment. An illustrative exhibit is attached hereto as Exhibit A. The District's Project includes engineering and design, permitting, procurement, electric system make ready work, installation, striping, and interconnection. The electrical equipment will be on the District's property, while the Charging Equipment will be on the City's sidewalk property. The purpose of this License is to provide access and the right to occupy the City's sidewalk property for the installation, operation and maintenance of the Charging Equipment, and to define the roles and responsibilities of the District and the City. 3. Maintenance -and -Repair -of -City -Property -Upon -installation -of the -Charging Equipment, the District shall, at its sole cost and expense, reasonably and appropriately patrol, inspect, maintain and keep in good repair the Charging Equipment for its intended use by the public. In the event that the City notifies District of any observed condition and/or defect in need of repair or correction regarding the City's property, the District shall appropriately repair the condition or correct the defect within a reasonable period of time after notification. 4. City Approval of Plans. Prior to the District installing the Charging Equipment, it will submit detailed drawings and specifications to the City. No modification, or improvement will be performed until the drawings and specifications have been approved in writing by the City; provided, however, that such approval by the City shall not in any manner be considered as imposing any obligation upon the City as to safety of such installation. Limited Use License Page 1