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Resolution_Franchise Amendment_Vantage Wind
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2026-07-21 10:00 AM - Commissioners' Agenda
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Resolution_Franchise Amendment_Vantage Wind
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Last modified
7/16/2026 12:44:54 PM
Creation date
7/16/2026 12:42:49 PM
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Meeting
Date
7/21/2026
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution to Amend a Non-Exclusive Electrical Franchise Agreement with Vantage Wind Energy, LLC
Order
4
Placement
Consent Agenda
Row ID
146685
Type
Resolution
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regulations. Whenever it shall be necessary for Vantage Wind Energy LLC, in <br />the exercise of its rights under this Franchise, to make any excavation in the <br />Franchise Route, Vantage Wind Energy LLC shall, upon completion of such <br />excavation, restore the surface of the Franchise Route to the same or better <br />condition it was in prior to such excavation. <br />Section 6. Insurance. Vantage Wind Energy LLC shall maintain liability <br />insurance written on a per occurrence basis during the full term of this franchise <br />for personal injuries and property damages. The policy shall name the County of <br />Kittitas as additionally insured and shall contain coverage in the following <br />minimum amounts per separate occurrence: <br />Personal Injury: $5,000,000 per person & $10,000,000 per occurrence. <br />Property Damage: $5,000,000 per claimant & $10,000,000 per occurrence. <br />The structure of such coverages required hereunder is to be at Vantage Wind <br />Energy LLC's option so long as the total amount of insurance meets the <br />requirement specified herein. Such insurance policy shall also contain a policy <br />provision that it cannot be revoked, canceled, or reduced below the above limits <br />without thirty (30) days advance written notice to the COUNTY, and Vantage <br />Wind Energy LLC shall provide proof of such insurance to the COUNTY Clerk's <br />Office annually upon request from the COUNTY. In the event that Vantage Wind <br />Energy LLC changes insurance carriers during the term of this Franchise, there <br />shall not be any gap in the coverage stated above, ensuring that Vantage Wind <br />Energy LLC is continuously insured in accordance with the terms hereof. <br />Section 7. Other Permits & Approvals. Nothing in this agreement shall relieve <br />Vantage Wind Energy LLC from any obligation to obtain approvals or necessary <br />permits from applicable federal, state, and COUNTY authorities for all activities in <br />the franchise area. <br />Section 8. Franchise Compliance. <br />A. Franchise Violations - The failure by Vantage Wind Energy LLC to <br />comply fully with any of the provisions of this Franchise may result in a <br />written notice from the COUNTY which describes the violations of the <br />Franchise and requests remedial action within thirty (30) days of receipt of <br />such notice. If Vantage Wind Energy LLC has not attained full compliance <br />at the end of the thirty (30) day period following receipt of the violation <br />notification, the COUNTY may declare an immediate termination of all <br />Franchise rights and privileges; provided that full compliance was <br />reasonably possible within that thirty (30) day period. The demonstration <br />of due diligence on the part of Vantage Wind Energy LLC may be grounds <br />for the grant of an extension in the period during which compliance is to be <br />attained; provided that Vantage Wind Energy LLC continues to pursue <br />correction of any violations of the Franchise noted by the COUNTY. <br />Vantage Wind Energy LLC 6 <br />Franchise Agreement <br />
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