Right of Entry
RIGHT OF ENTRY AGREEMENT
This Right of Entry Agreement (the “Agreement”), dated this _____ day of _________________, 20___, is by and between ___________________ (“Owner”), who is requesting service at _________________________________________ (“Property”) and the City of Anacortes (“City”), a Washington municipal corporation. City and Owner may be individually referred to as a “Party” or collectively as the “Parties”.
In consideration of the mutual benefits and obligations set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. This Agreement is intended to provide City with access to the Property to provide Owner or Property occupant with broadband fiber internet services.
2. Owner represents and warrants that the Owner: (a) is the fee simple owner of the land, improvements, and building which constitute the Property and has full power and authority to grant the City the rights set forth in this Agreement; or (b) through written agreement with the fee simple owner of the Property, has the full power and authority to grant to City the rights set forth in this Agreement.
3. The City will not access the interior of any improvements located on the Property (e.g. enter Owner’s building) without the prior approval and attendance of the Owner or Owner’s agent.
4. Owner grants to City and City’s employees, agents, and contractors, a non-exclusive right of entry for ingress and egress to the Property for the purpose of installing, operating, repairing, replacing, removing, and maintaining all necessary equipment, including, without limitation, lines, wires, poles, conduits, pipes, converters, amplifiers, splitters, lock boxes, and facilities (collectively, the “System”) into, over, under, across and along the Property to sell, market, and provide City’s broadband fiber internet services (collectively, “Services”) to Owner or other occupants of the Property. Owner expressly acknowledges that installation activities may include and require drilling or otherwise penetrating exterior Property walls.
5. Owner grants to City and City’s employees, agents, and contractors, access to Owner’s water lines and appurtenances for the purpose of installing conduit and fiber optic cables within its water lines running from the City water meter to Owner’s premises. Owner expressly warrants that their water line is of sufficient quality, condition, and materials capable of withstanding the installation of ducting within the lines. Once installed, Owner agrees to provide the City with advance notice of any work on its water lines that may interfere with the fiber conduit or strands, and Owner acknowledges that any failure to provide such notice may result in interruption in internet services.
6. Owner hereby agrees to use reasonable efforts not to interfere with the City’s access to the System pursuant to this Agreement, including but not limited to construction, planting or placement of items such as fences, trees, outbuildings, driveways, sidewalks, animal pens, and vehicles.
7. Upon completion of construction, the System, including lines and appurtenances will be owned by the City of Anacortes or its assigns who will be responsible for the maintenance of the System. Owner acknowledges that City will not be responsible for the cost of electric service associated with the operation of the System and the customer receiving fiber services (either Owner or Property occupant) will be responsible for all monthly fiber fees charged by the City of Anacortes, as required under the Master Service Agreement, and any damage to the service lines.
8. This Agreement will continue for so long as the City provides Services to Owner or other occupants of the Property. This Agreement shall bind and benefit the Parties and their respective successors and assigns.
9. Throughout the term of this agreement, the City will maintain commercial general liability and property damage insurance policies covering activities of the City on the Property with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.
10. In any circumstance when Owner’s negligence or defects in the Property result in claims, demands, suits and losses of any nature whatsoever, including but not limited to personal injury, death, lost wages, attorney’s fees, and any other loss or damage, Owner hereby agrees to defend, indemnify, and hold harmless the City of Anacortes, along with its project engineers, project administrators, and all other employees, agents, servants, successors and assigns of the City of Anacortes for those resulting claims, demands, suits and losses.
11. The City shall not be liable for any effects of normal services installation and workmanship, such as holes in walls, etc., which may remain after installation or removal of the City equipment, except for damage caused by the gross negligence or willful misconduct on the part of the City.
12. Owner reserves the right to grant easements on or rights of access to the Property, but will not allow such other grants to interfere with the rights conveyed by this Agreement.
13. This Agreement shall be governed by and construed under the laws of the State of Washington and venue shall lie in Skagit County, Washington.
14. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterpart together shall constitute one and the same instrument.
IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first written above.
City of Anacortes
Emily Schuh, Director