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NOW THEREFORE IT IS ORDERED: <br />Section 1 - Non-exclusive Franchise Granted. The COUNTY hereby grants <br />to Vantage Wind Energy LLC, subject to the conditions prescribed in this <br />Franchise Agreement, the franchise rights and authority to construct replace, <br />repair, monitor, maintain, use and operate Facilities necessary for electrical <br />transmission, within the COUNTY -owned rights -of -way generally described <br />below, and shown in Exhibit A, and hereinafter referred to as the "Franchise <br />Route". The franchise rights and authority granted herein is hereinafter called the <br />"Franchise". "Facilities" means all of Vantage Wind Energy LLC's electric <br />transmission and distribution systems, including but not limited to poles (with or <br />without cross arms), wires, lines, conduits, cables, communication and signal <br />lines, braces, guys, anchors, vaults and meter -reading devices, and any other <br />necessary or convenient equipment, attachments, appliances and other facilities <br />and appurtenances thereto, whether the same be located over or under ground. <br />Such Franchise shall not be deemed to be exclusive to Vantage Wind Energy <br />LLC and shall in no way prohibit or limit the COUNTY's ability to grant other <br />franchises, permits, or rights along, over, or under the Franchise Route to which <br />this Franchise relates; provided, that such other franchises do not unreasonably <br />interfere with Vantage Wind Energy LLC's exercise of franchise rights granted <br />herein as determined by the COUNTY. This Franchise shall in no way interfere <br />with existing utilities or in any way limit, prohibit, or prevent, the COUNTY from <br />using the Franchise Route or affect the COUNTY's jurisdiction over such area in <br />any way. The owners of all other franchises, public or private, installed prior in <br />time to the work of Vantage Wind Energy LLC shall have preference as to the <br />positioning and location of such utilities. Such preference shall continue in the <br />event of relocation or grade/elevation changes of any COUNTY right-of-way. <br />Section 2. Authority. The Director of Public Works or his or her designee is <br />hereby granted the authority to administer and enforce the terms and provisions <br />of this Franchise and may develop such rules, policies, and procedures as he or <br />she deems necessary to carry out the provisions contained herein. <br />Section 3. Construction Provisions and Standards. The following provisions <br />shall be considered mandatory and failure to abide by any conditions described <br />herein shall be deemed as non-compliance with the terms of this franchise and <br />may result in some or all of the penalties specified in Section 4. See KCC 12.56. <br />A. Permit Required - No construction, maintenance, or repairs (except for <br />emergency repairs as determined reasonably by Vantage Wind Energy <br />LLC, in which case Vantage Wind Energy LLC will notify of such repairs <br />as soon as practicable) shall be undertaken in the franchise route without <br />first obtaining a Construction Permit from the COUNTY Department of <br />Public Works. The parties recognize that time is of the essence for <br />Vantage Wind Energy LLC in completing these activities, and the <br />Vantage Wind Energy LLC 2 <br />Franchise Agreement <br />