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Franchise, written notice of the extension shall be provided to Franchisee prior to the <br />Franchise expiration date. <br />B. Termination by Mobilitie. Mobilitie may terminate this Agreement, either in its <br />entirety or only as to Facilities installed at a particular location, for any reason or no reason <br />in Mobilitie's sole discretion by providing thirty (30} days' written notice to the City, in <br />which case Mobilitie shall remove the subject Facilities or, with the approval of the City, <br />abandon such Facilities in place. <br />Section 5. Acceptance of Terms and Conditions. An acceptance of this Franchise <br />Agreement and all the terms and conditions, in the form attached hereto as Exhibit A, <br />shall be filed with the City Clerk within 30 days of the effective date of this ordinance. <br />Failure on the part of Mobilitie to file said consent within 30 days of the effective date of <br />this ordinance shall void and nullify any and all rights granted under this Franchise <br />Agreement, and in such event this Agreement shall termina without further obligation to <br />either party. <br />Section 6. Construction Provisions and Sta 1('ar The following provisions <br />shall be considered mandatory and failure to abij 1by any cdI1 itions described herein <br />shall be deemed as non-compliance with the ter r'of t s Franck Ih Agreement and may <br />result in some or all of the penalties specified i <br />X07//i <br />1. Permit Required. No structid ijraintenance, or repairs (except for <br />q ���i �i <br />emergency repairs) shall be undertake Fra�P,.ise Area without first obtaining <br />g Y p ) °i, �� <br />appropriate permits from the City of TukS2a/ ;�� in the case of an Emergency. In <br />case of an Emergency, Mobilitie, roc ith Construction, maintenance, or repairs <br />necessary to address the Eme., ;,: ncy ,;,itho � rst obtaining appropriate permits, but shall, <br />within 24 hours of the Emerge; cy o �� /°rit from the City of Tukwila's Public Works <br />Department. Such 24-hour pe" / altended to accommodate the duration of any <br />closure of the City of �s %,clic Works Department (for example, for a holiday or <br />weekend). - <br />2. Co& nation I% Il capital Construction projects performed by Mobilitie <br />within the Franchise Ar'p h..�=i /ell <br />by a City inspector. All work and inspection <br />shall be coordinated with Engineering Division of the Public Works Department to <br />ensure consistency with City infrastructure, future Public Improvement projects, all <br />developer improvements, and pertinent codes and ordinances in effect on the date the <br />permits and authorizations are issued for the affected Facilities. <br />3. Notice to the Public. Except in the case of an Emergency, City retains <br />the 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 />4. Use of Public Rights -of -Way. Within parameters related to the City's <br />role 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 />W. Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 <br />CK:bjs: LH <br />Page 6 of 24 <br />61 <br />