Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
for all reasonable costs, expenses and damages resulting to the City from such situation <br />and any reimbursement of such costs to the City shall be made within 30 days of written <br />notice of the completion of such action or determination of damages by the City. The <br />failure by Sprint to take appropriate action to correct a situation caused by Sprint and <br />identified by the City as a threat to public or private safety or property, financial harm, or <br />delay of the construction, repair or maintenance of the public improvement shall be <br />considered a violation of the terms of this Franchise Agreement, <br />2, If, during construction or maintenance of Sprint's facilities, any damage <br />occurs to an underground facility and the damage results in the release of natural gas or <br />other hazardous substance or potentially endangers life, health or property, Sprint or its <br />contractor shall immediately call 911 or other local emergency response number. <br />C. Other Remedies. Nothing contained in this Franchise Agreement shall limit <br />the City's available remedies in the event of Sprint's failure to comply with the provisions <br />of this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for <br />specific performance and/or damages. <br />D. Removal of System. In the event this Franchise Agreement is terminated as a <br />result of violations of the terms of this Franchise Agreement, Sprint shall, at its sole <br />expense, promptly remove all system components and facilities, provided that the City, <br />at its sole option, may allow Sprint to abandon its facilities in place. <br />Section 7. Insurance, <br />A. Sprint shall maintain liability insurance written on a per -occurrence basis during <br />the full term of this Franchise Agreement for personal injuries and property damages. <br />The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of <br />the Tukwila Municipal Code, Should Title 11 of the TMC be amended to increase the <br />required amounts and conditions, Sprint shall acquire additional insurance, <br />B. Such insurance shall specifically name as additional insured, the City, its <br />officers and employees; shall apply as primary insurance; shall stipulate that no <br />insurance affected by the City will be called on to contribute to a loss covered <br />thereunder; and shall further provide that the policy shall not be materially modified or <br />canceled during the life of the permit or Franchise Agreement without Grantee giving 30 <br />days written notice to the City. Notice shall be by certified mail, return receipt requested <br />to the City. <br />Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve <br />Sprint from any obligation to obtain approvals or necessary permits from applicable <br />federal, state and City authorities for all activities in the Franchise Area. <br />Section 9. Transfer of Ownership. <br />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 Sprint's telecommunications system in <br />W, Word Processing\Ordinances\Sprint Franchise Agreement 4-11-17 <br />Mbjs Page 7 of 12 202 <br />