Resolution_Franchise Amendment_Vantage Wind

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KITTITAS COUNTY STATE OF WASHINGTON NON-EXCLUSIVE FRANCHISE TO USE COUNTY ROADS, RIGHTS -OF -WAY AND OTHER COUNTY PROPERTY WITHIN KITTITAS COUNTY Application of Vantage Wind Energy LLC for Electrical facilities over, along and under Kittitas County roads, rights -of -way and other County property in Kittitas County, Washington. WHEREAS: Vantage Wind Energy LLC hereinafter referred to as "Vantage Wind Energy LLC" is a wind energy company providing electrical facilities in Ellensburg, WA; and WHEREAS: Vantage Wind Energy LLC desired route through Kittitas County, hereinafter referred to as "COUNTY" requires the use of certain portions of COUNTY rights -of -way for the installation, operation, and maintenance of its Facilities (as defined below); and 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 future needs of the citizens of Kittitas 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 public hearing came on regularly before the County Commissioners on . 19 ,_, 2009, under the provisions of RCW Chapter 36.55, 6d it appeared to the Board that notice of said hearing had been duly given as required by law and that it is in the public interest to grant the franchise herein granted; and WHEREAS: having afforded the public adequate notice and opportunity for comment, the COUNTY desires to enter into this Franchise with Vantage Wind Energy LLC for the construction and operation of its Facilities in the COUNTY on the terms set forth herein; and WHEREAS: the COUNTY and Vantage Wind Energy LLC have complied with all Federal and State -mandated procedural and substantive requirements pertinent to this franchise; and Vantage Wind Energy LLC Franchise Agreement