Conduct PHearing_Non-Exclusive Franchise_Level 3

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applicable standards and requirements prescribed by the COUNTY of Kittitas Public Works Department for the removal or abandonment of said structures and transmission facilities. G. Performance Bond — Prior to any construction within the COUNTY rights -of -way pursuant hereto, LEVEL 3 shall provide a performance bond to the COUNTY in an amount equal to the estimated cost of restoring the COUNTY rights -of -way to the pre -construction condition as required in Section 3(C) of this Agreement. Said bond shall insure performance of LEVEL Ts obligations under this franchise and shall remain in effect for a period of two years after the completion of construction of LEVEL 3's Facilities in the COUNTY rights -of -way in accordance with Section 12 13.30 of the Kittitas County Code. Notwithstanding the foregoing, the amount of the bond shall in no event exceed $100,000.00 per mile of COUNTY right-of-way occupied by LEVEL Ts facilities. W. "One -Call" Location & Liability — LEVEL 3 shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all its lines upon request. The COUNTY shall not be liable for any damages to LEVEL 3's system components or for interruptions in service to LEVEL Ts customers, which are a direct result of work performed for any COUNTY project for which LEVEL 3 has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The COUNTY shall also not be liable for any damages to the LEVEL 3 system components or for interruptions in service to LEVEL 3's customers resulting from work that was performed under any franchise utility permit issued by the COUNTY. As -Built Plans Required — LEVEL 3 shall maintain accurate engineering plans and details of all installations within the COUNTY limits and shall provide such information in both paper form and electronic form prior to close-out of any Construction Permit issued by the COUNTY and any work undertaken by LEVEL 3 pursuant to this Franchise LEVEL 3 will provide as-builts, where necessary and applicable, in PDF format. J. Protect Public Interest — LEVEL 3 understands and agrees that Kittitas County Code Chapter 12.13 incorporates provisions necessary to protect the public interest and investment with regard to utilization of County Road right-of-way and further, that the provisions of Chapter 12.13 are in full force and effect as if herein included or attached to or made a part of this franchise. K. Repair and Maintenance — LEVEL 3 at their cost will provide any repairs identified by the COUNTY to COUNTY rights -of -way or COUNTY infrastructure damaged by LEVEL 3 or its agents. Any such repair will be performed with reasonable approval of COUNTY. L. As -Is Condition -- Level 3 accepts such franchise and anv rights conferred thereunder for the use and occupation of any portion of the right-of-way at its/his own risk, and agrees to assume responsibility or any damage occasioned to Level 3 or third parties by the COUNTY in the maintenance and/or construction work performed by the COUNTY upon the roadways described herein and which would not have occurred but for the presence on the roadways of the COUNTY'S pipes, poles, lines, cables, fittings or other appurtenances mentioned above, except to the extent any such damage or loss is caused by the sole negligence of the County. Section 4. Franchise Compliance. A. Franchise Violations — The failure by LEVEL 3 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 Level 3 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 FRANCHISE PAGE 3 OF 6