Franchise Greement between KC and Level 3

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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. Authoritv. The Director of Public Works or his/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. Section 3. Gonstruction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non-compliance with the terms of this franchise and may result in some or all of the penalties specified in Section 4. See KCC 12.13 A-Permit Required - No construction, maintenance, or repairs (except for emergency repairs, in which case LEVEL 3 will notify of such repairs as soon as practical) shall be undertaken in the franchise route without first obtaining a Construction Permit from the COUNTY Department of Public Works. The parties recognize that time is of the essence for LEVEL 3 in completing this segment of its nationwide network, and the COUNTY will therefore process the Construction Permit, or any other necessary authorization, in a timely fashion, and shall not unreasonably withhold or delay its approval of any Construction Permit or other authorization. B.Goordination - All capital construction projects performed by LEVEL 3 within the franchise route shall be inspected by a contract inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with COUNTY infrastructure, future COUNTY Capital lmprovement Projects, all developer improvements and pertinent codes and franchises. Gonstruction Standards - Any construction, installation, maintenance, repair, and restoration activities performed by or for LEVEL 3 within the franchise route shall be conducted and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, traffic control, repair and restoration activities shall be conducted such that they conform to the most current COUNTY standards in effect at the time that such activities take place, and as detailed in the proposed "Manualon Accommodating Utilities" (the "Manual"), attached hereto as Exhibit B, to the extent that the Manual is applied to all persons obtaining Construction Permits for access to the COUNTY public right-of-way. LEVEL 3 shall also abide by the terms of the Manual if and when it is adopted in final form by the County, provided that LEVEL 3 is given a reasonable opportunity to comment upon the final draft of the Manual before such final adoption. D. Underground lnstallation Required - All telecommunications cables and junction boxes or other vaulted system components shall be installed underground unless othenvise exempted from this requirement, in writing, by the Director of Public Works for the COUNTY.E. Relocation - Whenever the COUNTY determines that it is necessary for the public health, safety or welfare, for any of LEVEL 3's facilities to be moved or relocated from any COUNTY public right-of-way, the COUNTY shall notify LEVEL 3 in writing of such determination, and shall provide LEVEL 3 with a list of alternative COUNTY rights-of-way for the relocation of the facilities, and LEVEL 3 shall submit plans for such relocation with sixty (60) days. The COUNTY agrees to act upon these plans within sixty (60) days of their submittal, and within ninety (90) days of the approval by the COUNTY of the plans for relocation, LEVEL 3 shall relocate those facilities or structures designated by the COUNry to such alternative rights-of-way suggested by the COUNry, or to alternative rights-of-way suggested by LEVEL 3 that are approved by the COUNry. All costs of moving or relocating such facilities or structures, including but not limited to costs for design, engineering and construction, shall be the sole responsibility of LEVEL 3. Notwithstanding, upon request of a third-party performing work in the rights-of- way the reasonable cost of the relocation shall be borne by the third party. F. Removal or Abandonment - Upon the removal from service of any transmission lines or other associated structures, facilities and amenities, LEVEL 3 shall comply with all c FRA|VCHISE PAGE 2 AF 6