COW 2018-07-23 Item 4D - Ordinance - Small Cells Franchise Agreement with Mobilitie LLC

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Franchise, written notice of the extension shall be provided to Franchisee prior to the Franchise expiration date. B. Termination by Mobilitie. Mobilitie may terminate this Agreement, either in its entirety or only as to Facilities installed at a particular location, for any reason or no reason in Mobilitie's sole discretion by providing thi }-430). days' written notice to the City, in which case Mobilitie shall remove the subject Facilities or, with the approval of the City, abandon such Facilities in place. Section 5. Acceptance of Terms and Conditions. An acceptance of this Franchise Agreement and all the terms and conditions, in the form attached hereto as Exhibit A, shall be filed with the City Clerk within 30 days of the effective date of this ordinance. Failure on the part of Mobilitie to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement, and in such event this Agreement shall terminate: without further obligation to either party. Section 6. Construction Provisions and Standards.. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the teres of this Franchi e Agreement and may result in some or all of the penalties specified in ectib ". 1. Permit Required. No,onstructi rt , rnaintenance, or repairs (except for emergency repairs) shall be undertaken in dile Franchise Area without first obtaining appropriate permits from the City of Tukwila, except in the case of an Emergency. In case of an Emergency, Mobilitie may -proceed with Construction, maintenance, or repairs necessary to address the Emergency without first obtaining appropriate permits, but shall, within 24 hours of the Emergency, obtain a peirtnit from the City of Tukwila's Public Works Department. Such 24-hour period shall be extended to accommodate the duration of any closure of the City of Tt lkv llq's Public Works Department (for example, for a holiday or weekend). - 2. Coordination. AIJ capital Construction projects performed by Mobilitie within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Public Improvement projects, all developer improvements, and pertinent codes and ordinances in effect on the date the permits and authorizations are issued for the affected Facilities. G 3. Notice to the Public. Except in the case of an Emergency, City retains the right to require4h-e Franchisee to notify the public prior to commencing any significant planned Construction that Franchisee reasonably anticipates will materially disturb or disrupt public property or have the potential to present a danger or affect the safety of the public generally. 4. Use of Public Rights -of -Way. Within parameters related to the City's role in protecting the public health, safety, and welfare and except as may be otherwise preempted by Law, the City may require that Facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to the proposed W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to COW 6-28-18 CK:bjs: LH 228 Page 6 of 24