R2026-123 Vantage Wind - Laserfiche WebLink

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operation under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the County Engineer. The replacement of all such monuments or markers disturbed during construction shall be made as expeditiously as conditions permit, and as directed by the County Engineer. The cost of monuments or other markers lost, destroyed or disturbed, and the expense of replacement by approved monuments shall be borne by Vantage Wind Energy LLC. Sec-tion 4. Relocation of Facilities. Whenever the COUNTY determines that it @VantageWindEnergyLLCfacilitiesorothersystem components to be moved or relocated to accommodate the maintenance, construction, or enhancement of any COUNTY-owned public amenity in the franchise route, the COUNTY shall hotify Vantage Wind Energy LLC in writing of such determination, and shall provide Vantage Wind Energy LLC with a list of commercially reasonable alternative COUNTY rights-of-way for the relocation of the facilities, and Vantage Wind Energy LLC shall submit plans for such relocation within sixty (6b) days, The COUNTY agrees to act upon th,ese plans within sixty (60) days of their submittal, and within ninety (90) days of the approval 6y'thd CCjUrufy of the plans for relocation, Vantage Wind Elergy LLC shall relocite those facilities or structures designated by the COUNTY to such alternative rights-of-way suggested by the COUNTY, or to alternative rights-of- way suggesteo uy Vantage wind Energy LLC that are approved by the COUNiV. The CbUNTrshall use commercially reasonable efforts to permit Vantage Wind Energy LLC to construct new facilities prior to requiring Vantage Wind En"tgy LLC tdremove the existing facilities that are being relocated. All costs of moving or relocating such facilities or structures, including but not limited to costs for deJign, engineeiing and construction, shall be the sole responsibility of Vantage Wind'Energy LLC. Vantage Wind Energy LLC may propose to the COUNTV additional relocation alternatives to reduce or eliminate the need for relocation of its Facilities pursuant to this Section 4. Upon the COUNTY's receipt from Vantage Wind Energy LLC of such additional relocation alternatives in writing, tnebOUtrtTY shalievaluate such alternatives and shall advise Vantage WindEnergy LLC in writing if one or more of such alternatives are suitable to accommodate the work which would otherwise necessitate relocation of Vantage Wind Energy LLC Facilities. ln evaluating such alternatives, the COUNTY shall give each alternative proposed by Vantage Wind Energy LLC full and fair ionsiderations with due regard to all the facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. ln the event the iOUrufy reasonably determines that such alternatives are not appropriate, Vantage Wind Energy LLC shall relocate its Facilities as othenruise provided in this Section 4. Section 5. Noninterference of Facilities. Facilities shall be maintained within e unreasonably with the free passage of traffic and in accordance with all applicable Washington State laws, rules and Vantage Wind Energy LLC 5 Franchise Agreement