TIC 2017-09-12 Item 2E - Ordinance - Telecommunications Facilities Franchise with Sprint Communications Company

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9, As -Built Plans Required. Sprint shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by Sprint pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. 10. Recovery of Costs. Sprint shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, Sprint shall pay such reasonable costs and expenses directly to the City within 30 days following receipt of an invoice, together with reasonable supporting documentation evidencing such costs and expenses. 11. Vacation. If, at any time, the City shall vacate any City road, right-of-way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right-of-way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 60 - days written notice to Sprint, terminate this Franchise Agreement with reference to such City road, right-of-way or other City property so vacated, and the City shall not be liable for any damages or loss to Sprint by reason of such termination other than those provided for in RCW 35,99. A. Franchise Violations. The failure by Sprint to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the Franchise Agreement and requests remedial action within 60 days of receipt of such notice, If Sprint has not attained full compliance at the end of the 60 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 60 -day period, B. Emergency Actions. 1. If any of Sprint's actions under this Franchise Agreement, or any failure by Sprint to act to correct a situation caused by Sprint, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order Sprint to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify Sprint and give Sprint an opportunity to correct within a specified time said threat, financial harm or delay before undertaking such corrective measures. Sprint shall be liable for all reasonable costs, expenses and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by Sprint and shall further be liable VV: Word Processing\O rd i na ncestS print Franchise Agreement 8-11-17 BG:bj-. Page 6 of 12 201