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KITTITAS COUNTY PUBLIC WORKS <br />STATE OF WASHINGTON <br />NON-EXCLUSIVE TELECOMMUNICATION FRANCHISE <br />TO USE COUNTY ROADS, RIGHTS-OF-WAY AND OTHER <br />COUNTY PROPERTY WITHIN KITTITAS COUNTY <br />Application of Bluespan Wireless, LLC (OR HIS/HER SUCCESSORS), hereafter <br />referred to as "FRANCHISEE" for telecommunication service crossing over, along and under <br />county roads, rights-of-way and other county property in Kittitas County, Washington, as <br />hereinafter set forth, having come on regularly for hearing before the County under the <br />provisions of RCW Chapter 36.55, and it appearing to the Board that notice of said hearing has <br />been duly given as required by law, and that it is in the public interest to grant the franchise <br />herein granted; <br />WHEREAS, the COUNTY also recognizes that the use of public rights-of-way must be restricted <br />to allow for the construction of amenities necessary to serve the needs for the listed parcels located within <br />Kittitas County as described at this date as attached as EXHIBIT 1 (Telecommunication Service Area <br />Map). The coordination, planning, and management of the COUNTY's rights-of-way is necessary to <br />ensure that the burden of costs for the operations of non -municipal interests are not borne by the <br />citizenry; and <br />WHEREAS, the COUNTY has determined that the development of a comprehensive plan for <br />rights-of-way use and management is the most effective means for managing the current use of rights-of- <br />way and ensuring prudent and appropriate decisions concerning the use of rights-of-way in the future; <br />and <br />WHEREAS, "FRANCHISEE", has determined that it is in their best interests to move forward with <br />the installation and maintenance of facilities within the public rights-of-way consistent with approved water <br />and wastewater comprehensive plans on file with the County: <br />NOW THEREFORE; IT IS ORDERED: <br />Section 1. Non-exclusive Franchise Granted. The county of Kittitas hereby grants to "FRANCHISEE", <br />subject to the conditions prescribed in this Franchise Agreement, the franchise rights and authority to <br />construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for <br />telecommunication service crossing, within the COUNTY -owned rights-of-way generally described below, <br />and hereinafter referred to as the "franchise area": <br />Such franchise shall not be deemed to be exclusive to "FRANCHISEE", and shall in no way prohibit or <br />limit the COUNTY's ability to grant other franchises, permits, or rights along, over, or under the areas to <br />which this franchise has been granted to "FRANCHISEE"; provided, that such other franchises do not <br />unreasonably interfere with "FRANCHISEE", exercise of franchise rights granted herein as determined by <br />the COUNTY. This franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or <br />prevent, the COUNTY from using the franchise area or affect the COUNTY's jurisdiction over such area in <br />any way. <br />Section 2. Authority. The Director of Public Works or his or her designee is hereby granted the authority <br />to administer and enforce the terms and provisions of this Franchise and may develop such rules, <br />policies, and procedures as he or she deems necessary to carry out the provisions contained herein. <br />FRANCHISE PAGE 1 OF 5 <br />