Laserfiche WebLink
City of Tukwila My WebLink |HelpSearch Tips |About |Sign Out
said road, right-of-way, or other City property for the use of the City, in either its proprietary <br />or governmental capacity, then the City may, at its option and by giving 60- days written <br />notice to Franchisee, terminate this Franchise Agreement with reference to such City <br />road, right-of-way, or other City property so vacated, and the City shall not be liable for <br />any damages or loss to Franchisee by reason of such termination other than those <br />provided for in RCW 35.99. <br />Section 7. Franchise Compliance. <br />A. Franchise Violations. The failure by either the City or Franchisee (the <br />"Defaulting Party") to fully comply with any of the provisions of this Franchise Agreement <br />may result in a written notice from the other party (the "Non -Defaulting Party") that <br />describes the violations of the Franchise Agreement and requests remedial action within <br />60 days of receipt of such notice. If the Defaulting Party has not attained full compliance <br />at the end of the 60 -day period following receipt of the violation notification, the Non - <br />Defaulting Party may, declare an immediate termination of this Franchise Agreement, <br />provided that full compliance was reasonably possible within that 60 -day period. <br />B. Emergency Actions. <br />1. If any of Franchisee's actions under this Franchise Agreement, or any failure <br />by Franchisee to act to correct a situation caused by Franchisee, is reasonably deemed <br />by the City to create a threat to life or property, financial harm, or cause a delay of the <br />construction, repair or maintenance of the public improvement, the City may order <br />Franchisee to immediately correct said threat, financial harm, or delay or, at the City's <br />discretion, the City may undertake measures to correct said threat, financial harm or delay <br />itself; provided that, when possible, the City shall notify Franchisee and give Franchisee <br />an opportunity to correct within a specified time said threat, financial harm, or delay before <br />undertaking such corrective measures. Franchisee shall be liable for all reasonable <br />costs, expenses, and damages attributed to the correction of such an emergency situation <br />as undertaken by the City to the extent that such situation was caused by Franchisee and <br />shall further be liable for all reasonable costs, expenses, and damages resulting to the <br />City from such situation and any reimbursement of such costs to the City shall be made <br />within 30 days of written notice of the completion of such action or determination of <br />damages by the City. The failure by Franchisee to take appropriate action to correct a <br />situation caused by Franchisee and identified by the City as a threat to public or private <br />safety or property, financial harm, or delay of the construction, repair, or maintenance of <br />the public improvement shall be considered a violation of the terms of this Franchise <br />Agreement. <br />2. If, during construction or maintenance of Franchisee's Facilities, any <br />damage occurs to an underground facility and the damage results in the release of natural <br />gas or other hazardous substance or potentially endangers life, health, or property, <br />Franchisee or its contractor shall immediately call 911 or other local emergency response <br />number. <br />C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the <br />City's available remedies in the event of Franchisee's failure to comply with the provisions <br />28 <br />