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Irrigation Franchise
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2021
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06. June
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2021-06-01 2:00 PM - 2:00pm Public Hearing
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Irrigation Franchise
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Last modified
8/3/2021 11:38:52 AM
Creation date
8/3/2021 11:38:42 AM
Metadata
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Meeting
Date
6/1/2021
Meeting title
2:00pm Public Hearing
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
a
Item
Public Hearing to consider an Irrigation Franchise with The Ranch on Swauk Creek on Burke and Ranch Road(s).
Order
1
Placement
2:00pm Public Hearing
Row ID
77309
Type
Hold Public Hearing
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Section 4. Franchise Gompliance. <br />Franchise Violations - The failure by "FRANCHISEE" to comply fully with any of the <br />provisions of this Franchise Agreement may result in a written notice from the COUNTY <br />which describes the violations of the franchise and requests remedial action within thirty <br />(30) days of receipt of such notice. lf "FRANCHISEE', has not attained full compliance at <br />the end of the thirty (30) day period following receipt of the violation notification, the <br />COUNTY may declare an immediate termination of all franchise rights and privileges; <br />provided that full compliance was reasonably possible within that thirty (30) day period. <br />The demonstration of due diligence on the part of 'FRANCHISEE", may be grounds for <br />the grant of an extension in the period during which compliance is to be attained; <br />provided that, "FRANCHISEE', continues to pursue correction of any violations of the <br />Franchise Agreement noted by the COUNTY. <br />B.Emergency Actions - lf any of "FRANCHISEE", actions, or any failure by <br />"FRANCHISEE", to act to correct a situation caused by "FRANCHISEE', is deemed by <br />the COUNTY to create a threat to life or property, the COUNTY may order <br />"FRANCHISEE", to immediately correct said situation threat or, at the COUNTY's <br />discretion, the COUNTY may undertake measures to correct said situation threat itself; <br />provided that, when possible, the COUNTY shall notify "FRANCHISEE", of said threat <br />and give'FRANCHISEE", an opportunity to correct said threat before undertaking such <br />measures itself. "FRANCHISEE', shall be liable for all costs, expenses, and damages <br />attributable to the correction of such an emergency situation as undertaken by the <br />COUNTY to the extent that such situation was caused by "FRANCHISEE", and shall <br />further be liable for all costs, expenses, and damages resulting to the COUNTY from <br />such situation and any reimbursement of such costs to the COUNTY shall be made <br />within thirty (30) days of written notice of the completion of such action or determination <br />of damages by the COUNTY. The failure by "FRANCHISEE', to take appropriate action <br />to correct a situation caused by "FRANCHISEE', and identified by the COUNTY as a <br />threat to public or private safety or property shall be considered a violation of franchise <br />terms and each day that such a situation continues to exist and "FRANCHISEE', fails to <br />take appropriate action to abate said situation shall be regarded as a separate violation. <br />c.Other Remedies - Nothing contained in this Franchise Agreement shall limit the <br />COUNTY's available remedies in the event if "FRANCHISEE' (OR HIS <br />SUCCESSORS), failure to comply with the provisions of this Franchise Agreement, to <br />include but not limited to, the COUNTY's right to sue for specific performance and/or <br />damages. <br />Removal of System - ln the event that this Franchise Agreement is terminated as a <br />result of violations of the terms of this Franchise Agreement, "FRANCHISEE", shall at his <br />sole expense, promptly remove all irrigation water system components and facilities, <br />provided that, the COUNTY, at its sole option, may allow "FRANCHISEE", to abandon its <br />facilities in place. <br />Section 5. lnsurance. "FRANCHlSEE" shall present such insurance deemed necessary by the Kittitas <br />County Public Works Director. <br />Section 6. Other Permits & Approvals. Nothing in this agreement shall relieve'FRANCHISEE", from <br />any obligation to obtain approvals or necessary permits from applicable federal, state, and COUNTY <br />authorities for all activities in the franchise area. <br />Section 7. Transfer of Ownership. The rights, privileges, benefits, title, or interest provided by this <br />franchise shall be transferred to the new owner if any of these parcels change ownership. <br />Section 8. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a <br />period of fifteen (15) years from the effective date of this franchise and will be renegotiable at the end of <br />that time. <br />A. <br />D <br />F RANCH I SE _ I RRI GATION WATER PAGE 3 OF 5
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