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decision to require relocation of any Franchisee Facilities in order to accommodate Public <br />Projects shall be made by the Public Works Director upon review of the location and <br />construction of the Franchisee Facilities at issue. Where the City incurs additional costs <br />in performing any maintenance, operation, or improvement of or to public facilities due to <br />measures taken by the City to avoid damaging or to otherwise accommodate one or more <br />Franchisee Facilities, Franchisee shall reimburse the City for the full amount of such <br />additional costs promptly upon receiving the City's invoice for same. <br />Section 6.3. Any condition or requirement imposed by the City upon any person <br />or entity (including, without limitation, any condition or requirement imposed pursuant to <br />any contract or in conjunction with approvals for permits for zoning, land use, construction <br />or development) which reasonably necessitates the relocation of any Franchisee <br />Facilities shall constitute a required relocation for purposes of this Section 6. <br />Section 6.4. If the City determines that the Public Project necessitates the <br />relocation of Franchisee's Facilities, the City shall provide Franchisee in writing with a <br />date by which the relocation shall be completed (the "Relocation Date") consistent with <br />RCW 35.99.060(2). In calculating the Relocation Date, the City shall consult with <br />Franchisee and consider the extent of facilities to be relocated, the services requirements, <br />and the construction sequence for the relocation, within the City's overall project <br />construction sequence and constraints, to safely complete the relocation, and the City <br />shall endeavor to provide Franchisee at least sixty (60) days' notice prior to the Relocation <br />Date. Franchisee shall complete the relocation by the Relocation Date, unless the City <br />or a reviewing court establishes a later date for completion, as described in RCW <br />35.99.060(2). To provide guidance on this notice process, the City will make reasonable <br />efforts to involve Franchisee in the predesign and design phases of any Public Project. <br />After receipt of the written notice containing the Relocation Date, Franchisee shall <br />relocate such facilities to accommodate the Public Project consistent with the timeline <br />provided by the City and at no charge or expense to the City. Such timeline may be <br />extended by a mutual agreement. <br />Section 6.5. If Franchisee fails to complete this work within the time prescribed <br />above and to the City's satisfaction, the City may cause such work to be done and bill the <br />Page 7 of 45 <br />{E F M 4895-9658-9257;1/13175.000042/} <br />11 <br />