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A. The rights, privileges, benefits, title or interest provided by this Franchise shall <br /> not be sold, transferred, assigned or otherwise encumbered, without the prior written <br /> consent of the City, with such consent not being unreasonably withheld or delayed. No <br /> such consent shall be required, however, for a transfer in trust, by other hypothecation, <br /> or by assignment or any rights, title or interest in MClmetro's telecommunications <br /> system in order to secure indebtedness. Approval shall not be required for mortgaging <br /> purposes provided that the collateral pledged for any mortgage shall not include the <br /> assets of this franchise. Approval shall not be required for any transfer from MClmetro <br /> to another person or entity controlling, controlled by, or under common control with <br /> MClmetro. MClmetro may license fibers to other users without the consent of the City <br /> provided that MClmetro remains solely responsible for the terms and conditions outlined <br /> in this Franchise Agreement. <br /> B. In any transfer of this Franchise which requires the approval of the City, <br /> MClmetro shall show that the recipient of such transfer has the technical ability, <br /> financial capability, and any other legal or general qualifications as reasonably <br /> determined by the City to be necessary to ensure that the obligations and terms <br /> required under this Franchise Agreement can be met to the full satisfaction of the City. <br /> The qualifications of any transferee shall be determined by hearing before the City <br /> Council and the approval to such transfer shall be granted by resolution of the City <br /> Council. Any reasonable administrative costs associated with a transfer of this <br /> Franchise that requires the approval of the City shall be reimbursed to the City within 30 <br /> days of such transfer. <br /> Section 10. Administrative Fees. <br /> A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from <br /> imposing franchise fees for "telephone businesses" as defined in RCW 82.16.010, or <br /> "service provider" as defined in RCW 35.99.010, except that fees may be collected for <br /> administrative expenses related to such franchise. MClmetro does hereby warrant that <br /> its operations, as authorized under this Franchise Agreement, are those of a telephone <br /> business as defined in RCW 82.16.010 or a service provider as defined in 35.99.010. <br /> B. MClmetro shall be subject to a one-time $5,000 administrative fee for <br /> reimbursement of costs associated with the preparation, processing and approval of this <br /> Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, <br /> overhead expenses, equipment and supplies associated with such tasks as plan review, <br /> site visits, meetings, negotiations and other functions critical to proper management and <br /> oversight of City's right-of-way. Administrative fees exclude normal permit fees as <br /> stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one-time <br /> administrative fee is due 30 days after notice of franchise approval. <br /> C. The City reserves the right to exercise authority it has or may acquire in the <br /> future to charge a franchise fee as authorized by law. <br /> D. In the event MClmetro submits a request for work beyond the scope of this <br /> Franchise Agreement, or submits a complex project that requires significant <br /> comprehensive plan review or inspection, MClmetro shall reimburse the City for <br /> 39 <br />