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A. Permit Required. No Construction, maintenance, or repairs (except for <br />emergency repairs) shall be undertaken in the Franchise Area without first obtaining <br />appropriate permits from the City of Tukwila, except in the case of an Emergency. In <br />case of an Emergency, Mobilitie may proceed with Construction, maintenance, or repairs <br />necessary to address the Emergency without first obtaining appropriate permits, but shall, <br />within 24 hours of the Emergency, obtain a permit from the City of Tukwila's Public Works <br />Department. Such 24-hour period shall be extended to accommodate the duration of any <br />closure of the City of Tukwila's Public Works Department (for example, for a holiday or <br />weekend). <br />B. Coordination. All capital Construction projects performed by Mobilitie within <br />the Franchise Area shall be inspected by a City inspector. All work and inspection shall <br />be coordinated with the Engineering Division of the Public Works Department to ensure <br />consistency with City infrastructure, future Public Improvement projects, all developer <br />improvements, and pertinent codes and ordinances in effect on the date the permits and <br />authorizations are issued for the affected Facilities. <br />C. Notice to the Public. Except in the case of an Emergency, City retains the <br />right to require the Franchisee to notify the public prior to commencing any significant <br />planned Construction that Franchisee reasonably anticipates will materially disturb or <br />disrupt public property or have the potential to present a danger or affect the safety of the <br />public generally. <br />D. Use of Public Rights -of -Way. Within parameters related to the City's role <br />in protecting the public health, safety, and welfare and except as may be otherwise <br />preempted by Law, the City may require that Facilities be installed at a particular time, at <br />a specific place, or in a particular manner as a condition of access to the proposed <br />Franchise Area and may deny access except in compliance with such requirements; and, <br />may require removal of any Facility that is not installed in compliance with the Standards <br />provided in this Franchise or which is installed without prior City approval of the time, <br />place, or manner of installation. <br />E. Construction Standards. Any Construction, installation, maintenance and <br />restoration activities performed by or for Mobilitie within the Franchise Area shall be <br />Constructed and located so as to produce the least amount of interference with the free <br />passage of pedestrian and vehicular traffic and the rights and reasonable convenience of <br />property owners, businesses, and residents along the Public Rights -of -Way. All <br />Construction, installation, maintenance, and restoration activities shall be conducted such <br />that they conform to City's development guidelines and standards in effect on the date <br />the permits and authorizations are issued for the affected Facilities and comply with Title <br />11 of the Tukwila Municipal Code. Franchisee's Facilities shall be designed, located, <br />aligned, and Constructed so as not to disturb or impair the use or operation of any street <br />improvements, utilities, and related facilities of City or City's existing lessees, licensees, <br />permitees, franchisees, easement beneficiaries, or lien holders, without prior written <br />consent of City or the parties whose improvements are interfered with and whose consent <br />is required pursuant to agreements with the City existing prior to the Effective Date. <br />137061302.3 <br />47 <br />