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NOW THEREFORE IT IS ORDERED: <br />section 1 - Non-exclusive Fren.chise granted..The couNTY hereby grants <br />e conditions Prescribed in this <br />Franchisi ngreement,-t'he franchise rights and..authority to construct replace, <br />repair, moniior, maintain, use and operate Facilities necessary for.electrica.l <br />transmission, within tne dOUtrtTY-owned rights-of-way.generally descriqed <br />O"lo*, and shown in Exhibit A, and hereinafter referred to as the "Franchise <br />Route". The franchir. iightt and authotiiv giant.d herein is hereinafter called the <br />"Franchise". "Facilitiei" means all of Vintage 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 appurt"n"nr"t tt'tereto, whethei the same be located over or under ground' <br />such Franchise shall not be deemed to be exclusive to Vantage wind E.lergy <br />LLC and shall in no *uy prohibit or limit the COUNTY's ability to grant other <br />franchises, permits, o1. iignts along, over, or under the Franchise Route to which <br />this Franchise relater; pfuiO"O, t[at such other franchises do not unreasonably <br />interfere wittr Vantale [VinO in6tgy LLC's exercise of franchise rights granted <br />herein as determinJOnV the COU}1TY. This Franchise shall in no way interfere <br />witn existing utilities oii''t tny way limit, prohibr! or pre.vent, the COUNTY from <br />,ring th" Fianchise noute oi affect the COUNTY's jurisdiction over such area in <br />"nv <br />mv The owners of atl other franchises, public or private, installed prior in <br />iir* to ihe work of Vantaie Wind Energy LLC shall have preference as to the <br />po.itioning and location oi such utilitiesl Such preference shall continue in the <br />fvent of rilocation <br />-i graoe/elevation changes of any couNTY right-of-way' <br />section 2. Authoritv. The Director of Public works or his or her designee is <br />ffithoritvtoadministerandenforcethetermsandprovisions <br />of this Franchise and may develop such rules, policies,.and procedures as he or <br />she deems necessary to'carry oui the provisions contained herein' <br />Section 3. ConstructioJr Provision-s,3nd .StanC.ards' The following provisions <br />shallbe considered any conditions described <br />herein shall be OeemeO "s <br />non-.otpliance with the terms of this franchise and <br />may result in some'oirtt of tnu penalties specified in Section 4. See KCC 12'56' <br />A. Permit Required - No construction, maintenance, or repairs (except for <br />emergency reiairs as determined reasonably_by Vantage Wind. Energy <br />LLC, in which'case Vantage Wind Energy LLC will notify of such rep.airs <br />as soon u, pm.ti.unb) sn-att be undertalien in the franchise route without <br />first obtainin; ;b;;trlction Permit from the CoUNTY Department of <br />Public Worki. The parties recognize that time is of the essence for <br />Vantage Wind eneigy LLC in completing these activities, and the <br />Vantage Wind EnergY LLC <br />Franchise Agreement <br />2