Hold PH to consider Irrigation Franchise with WA Fruit

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Section 4. Franchise Compliance. A. Franchise Violations - The failure by "FRANCHISEE" to comply fully with any of the provisions of this Franchise Agreement may result in a written notice from the COUNTY which describes the violations of the franchise and requests remedial action within thirty (30) days of receipt of such notice. If "FRANCHISEE", has not attained full compliance at the end of the thirty (30) day period following receipt of the violation notification, the COUNTY may declare an immediate termination of all franchise rights and privileges; provided that full compliance was reasonably possible within that thirty (30) day period. The demonstration of due diligence on the part of "FRANCHISEE", may be grounds for the grant of an extension in the period during which compliance is to be attained; provided that, "FRANCHISEE", continues to pursue correction of any violations of the Franchise Agreement noted by the COUNTY. B. Emergency Actions - If any of "FRANCHISEE", actions, or any failure by "FRANCHISEE", to act to correct a situation caused by "FRANCHISEE", is deemed by the COUNTY to create a threat to life or property, the COUNTY may order "FRANCHISEE", to immediately correct said situation threat or, at the COUNTY's discretion, the COUNTY may undertake measures to correct said situation threat itself; provided that, when possible, the COUNTY shall notify "FRANCHISEE", of said threat and give "FRANCHISEE", an opportunity to correct said threat before undertaking such measures itself. "FRANCHISEE", shall be liable for all costs, expenses, and damages attributable to the correction of such an emergency situation as undertaken by the COUNTY to the extent that such situation was caused by "FRANCHISEE", and shall further be liable for all costs, expenses, and damages resulting to the COUNTY from such situation and any reimbursement of such costs to the COUNTY shall be made within thirty (30) days of written notice of the completion of such action or determination of damages by the COUNTY. The failure by "FRANCHISEE", to take appropriate action to correct a situation caused by "FRANCHISEE", and identified by the COUNTY as a threat to public or private safety or property shall be considered a violation of franchise terms and each day that such a situation continues to exist and "FRANCHISEE", fails to take appropriate action to abate said situation shall be regarded as a separate violation. C. Other Remedies - Nothing contained in this Franchise Agreement shall limit the COUNTY's available remedies in the event if "FRANCHISEE" (OR HIS SUCCESSORS), failure to comply with the provisions of this Franchise Agreement, to include but not limited to, the COUNTY's right to sue for specific performance and/or damages. D. Removal of System - In the event that this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, "FRANCHISEE", shall at his sole expense, promptly remove all water system components and facilities, provided that, the COUNTY, at its sole option, may allow "FRANCHISEE", to abandon its facilities in place. Section 5. Insurance. "FRANCHISEE" shall present such insurance deemed necessary by the Kittitas County Public Works Director. Section 6. Other Permits & Approvals. Nothing in this agreement shall relieve "FRANCHISEE", from any obligation to obtain approvals or necessary permits from applicable federal, state, and COUNTY authorities for all activities in the franchise area. Section 7. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this franchise shall be transferred to the new owner if any of these parcels change ownership. Section 8. Franchise Term, The franchise rights granted herein shall remain in full force and effect for a period of fifteen (50) years from the effective date of this franchise and will be renegotiable at the end of that time. Section 9. Administrative Fees, NOT APPLICABLE