5.3. ERMUSR 01-13-2009Ji
Elk River
Municipal Utilities
13069 Orono Parkway • PO. Box 430
Elk River, MN 55330-0430
January 9, 2008
To: Elk River Municipal Utilities Commission
Jerry Takle
John Dietz
Jerry Gumphrey
Fr: Mark Fuchs
Subj: Pole Disposal Policy
Phone: 763.441.2020
Fax: 763.441.8099
For your consideration, attached please find proposed Pole Disposal Policy and Utility Pole
Agreement waiver.
"Occasionally existing overhead electrical distribution is upgraded, relocated, or replaced with
underground. This may result in the Utility reclaiming used utility poles that would need to be
disposed o£ Used poles that are unfit for reuse as utility poles because of height or condition but
are in reasonable condition for other uses will be given away or disposed o£ These poles will be
offered to the public and employees at a first come first serve basis. To receive any of these used
utility poles, a Utility Pole Agreement waiver must be sign releasing the Utility of liability."
UTILITY POLE AGREEMENT
This Agreement is made this _ day of , 20_, by and between Elk River
Municipal Utilities ("ERMU") and ("Buyer").
Whereas ERMU is the owner of used utility poles; and
Whereas Buyer desires to acquire from ERMU used utility poles;
Whereas, as a condition to the transfer of said utility poles to Buyer, ERMU requires
Buyer to execute this Agreement.
NOW, THEREFORE, in consideration of the foregoing and other valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. NO WARRANTIES OF ERMU: "AS-IS" PURCHASE BUYER HEREBY
ACKNOWLEDGES AND AGREES THAT BUYER HAS HAD AMPLE OPPORTUNITY TO
INSPECT AND EVALUATE THE PHYSICAL CHARACTERISTICS OF THE USED UTILITY
POLES, AND HAS INDEPENDENTLY DETERMINED THE POLE(S) IS ACCEPTABLE IN ALL
RESPECTS TO BUYER. BUYER FURTHER ACKNOWLEDGES AND AGREES BUYER IS
ACCEPTING THE USED UTILITY POLES "AS-IS" AND "WHERE-IS", "WITH ALL FAULTS"
WITHOUT RELYING UPON ANY REPRESENTATION OR WARRANTIES WITH RESPECT TO
THE POLES MADE BY ERMU, ITS AGENTS, EMPLOYEES OR INDEPENDENT
CONTRACTORS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. BUYER ACKNOWLEDGES
THAT ERMU HAS MADE NO EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES WITH RESPECT TO THE USED UTILITY POLES OR ANY CONDITION
THEREOF.
2. INDEMNIFICATION. Buyer hereby agrees to defend, indemnify and hold
harmless ERMU, against any and all claims, demands, damages, cost and expenses, including
attorneys' fees incurred on ERMU's behalf, arising out of the loading, transporting, and use of
the used utility poles including any and all costs associated with the use, handling, storage,
release or disposal of any Hazardous Substances.
3. USE. Buyer warrants and represents that Buyer will not erect the used utility pole
4. ENTIRE AGREEMENT. This Agreement contains the entire understanding
between the parties with respect to the purchase and use of the used utility poles by the Buyer
and supersedes all prior agreements and understandings between the parties with respect to
such purchase.
ELK RIVER MUNICIPAL UTILITIES BUYER
BY
Its:
Printed Name
Address:
Phone #:
C:\DOCUMENTS AND SETTINGS\VANCE\LOCAL SETTINGS\TEMPORARY INTERNET FILES\CONTENT-OUTLOOK\SVSCRW361UTILITY POLE SALE AGREEMENT V2.DOC