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KITTITAS COUNTY PUBLIC WORKS STATE OF WASHINGTON NON-EXCLUSIVE IRRIGATION WATER FRANCHISE TO USE COUNTY ROADS, RIGHTS-OF-WAY AND OTHER COUNTY PROPERTY WITHIN KITTITAS COUNTY Application of ERIC S. MOE, SYDNEY A. MOE, MOLLY B. NISBET AND PETER B. NISBET AND ZIRKLE FRUIT COMPANY (OR HIS/HER SUCCESSORS), hereafter referred to as "FRANCHISEE" for irrigation water crossing over, along and under county roads, rights-of- way and other county property in Kittitas County, Washington, as hereinafter set forth, having come on regularly for hearing before the County under the provisions of RCW Chapter 36.55, and it appearing to the Board that notice of said hearing has been duly given as required by law, and that it is in the public interest to grant the franchise herein granted; WHEREAS, the COUNTY also recognizes that the use of public rights-of-way must be restricted to allow for the construction of amenities necessary to serve the needs for the listed parcels as described at this date as Tax Lot Number 390433 and Tax Lot Number 870433, and that the coordination, planning, and management of the COUNTY's rights-of-way is necessary to ensure that the burden of costs for the operations of non -municipal interests are not borne by the citizenry; and WHEREAS, the COUNTY has determined that the development of a comprehensive plan for rights-of-way use and management is the most effective means for managing the current use of rights-of- way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the future; and WHEREAS, "FRANCHISEE", has determined that it is in their best interests to move forward with the installation of facilities within the public rights-of-way prior to the completion of the comprehensive rights-of-way use and management plan and has agreed to abide by the terms and conditions of such a plan once it has been completed; NOW THEREFORE; IT IS ORDERED: Section 1. Non-exclusive Franchise Granted. The county of Kittitas hereby grants to "FRANCHISEE"; subject to the conditions prescribed in this Franchise Agreement, the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a irrigation water crossing, within the COUNTY -owned rights-of-way generally described below, and hereinafter referred to as the "franchise area": Such franchise shall not be deemed to be exclusive to "FRANCHISEE", and shall in no way prohibit or limit the COUNTY's ability to grant other franchises, permits, or rights along, over, or under the areas to which this franchise has been granted to "FRANCHISEE", provided, that such other franchises do not unreasonably interfere with "FRANCHISEE", exercise of franchise rights granted herein as determined by the COUNTY. This franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent, the COUNTY from using the franchise area or affect the COUNTY's jurisdiction over such area in any way. Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise and may develop such rules, policies, and procedures as he or she deems necessary to carry out the provisions contained herein.