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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 />5. Construction Standards. Any Construction, installation, maintenance <br />and 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 the 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 se or operation of any street <br />improvements, utilities, and related facilities of City he City's existing lessees, <br />licensees, permitees, franchisees, easement beneficiate lien holders, without prior <br />written consent of City or the parties whose improvements are interfered with and whose <br />consent is required pursuant to agreements with the City existing prior to the Effective <br />Date. <br />6. Duty to Restore. <br />1„ a. Franchisee shall, a t 'r`cowurp[ :tioww of Construction of any part of its <br />Network, leave the Public Rights -of -Way and other property disturbed nearby, in as good <br />or better condition in all respects as it was in before the commencement of such <br />Construction. Franchisee agrees to promptly aomplete restoration work to the reasonable <br />satisfaction of the City and is w conformance wan City standards. <br />b. If Franchisee's rnchisee's Work causes unplanned, unapproved, or <br />unanticipated disturbance or alteration or damage to Public Rights -of -Way or other public <br />property, it shall plorptiy remove any obstructions therefrom and restore such Public <br />Rights -of -Way and public property to the satisfaction of the City and in accordance with <br />City Standards. <br />c. If weather or other conditions do not allow the complete restoration <br />required, Franchisee shall temporarily restore the affected Public RigihtRights-of-Way or <br />public property. Franchisee shall promptly undertake and complete the required <br />permanent restoration when the weather or other conditions no longer prevent such <br />permanent restoration. <br />6- 7. Notice._ If Franchisee's Work causes unplanned, unapproved, or <br />unanticipated disturbance or damage to Public Rights -of -Way or other public or private <br />property, the -Franchisee shall promptly notify the property owner within twenty four -(24) <br />hours. <br />14, 8. Warranty._ Franchisee shall warrant any restoration work performed by <br />Franchisee in the Public Rights -of -Way or on other public property for two years, <br />unless a longer period is required by applicable City Standards. If restoration is not <br />W: Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O,W. 6-28-18 <br />CKbjs• LH <br />Page 7 of 24 <br />229 <br />