HomeMy WebLinkAboutOrder Granting - Public Works1423167 03/03/2020 02:14 PM FRANC
Page 1 of 6 R 0 Grant Co, WA
BOARD OF COMMISSIONERS
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Return to: Barbara J. Vasquez
Administrative Assistant
Clerk of the Board
Board of County Commissioners
Document Titles: Order granting franchise
Reference Number
Grantor(s):
1. Grant County
2.
3.
4.
5. Additional grantors on page
Grantee(s):
1. Intermountain Infrastructure Group, LLC
2.
3.
4.
5. Additional grantees on page
Legal description (lot, block and plat name or section, township & range):
Location is West side of Road 0.2 -NW and along the south side of Martin Road, to the
west side of Road R -NW, then south to Road 1 I -NW, within S 1, T 20, R 23; S 4, 5, 6
and 8, T 20, R 24; and S 8, T 20, R 24 EWM.
Assessor's property parcel number:
1.
2.
3. Additional parcel numbers on page
The Auditor's Office will rely on the information provided on this form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
hereon.
BEFORE THE HONORABLE BOARD OF COUNTY COM MSSIONERS
OF GRANT COUNTY, WASHINGTON
IN THE MATTER OF APPLICATION OF
Intermountain Infrastructure Group. LL
(applicant)
for a franchise to construct, operate and maintain
Conduit, Manholes/Handholes and fiber optic cable
(name of facility)
on certain County Road Rights of Ways within the
County of Grant, State of Washington, for
Providing Wholesale Telecommunications Services
(purpose of facility)
ORDER GRANTING FRANCHISE
AND
FRANCHISE
THIS CAUSE being regularly heard before the above entitled Board of County Commissioners
of Grant County, Washington, upon the application of Intermountain infrastructure Group, LLC
for a franchise authorizing and empowering the said petitioners to enter upon, construct, operate, and
maintain Conduit Manholes/Hand holes and fiber optic cable under and alona
(description of facility) (over, under, across, and/or along)
certain County roads in Grant County, Washington described as follows:
see attached maps
Said franchise to be for a period of fifty (50) years from the date of granting the same; and it appearing
to the Board of County Commissioners that due and proper notice of the time and place of the hearing
of said application has given as provided by statute, and it further appearing that no objections to the
granting of said franchise as applied for have been either filed or heard by this Board; and the Board
being fully advised in the premises and deeming it for the public interest to grant said franchise; now
therefore.
IT IS HEREBY ordered that Intermountain Infrastructure Group LLC
(applicant)
their successors and assigns, be, and they hereby are, granted the right, power, privilege and authority,
for the period of fifty (50) years from the date hereof, to enter upon, construct, operate, and maintain
S'1Qndijjt, lVlnnhnlPs/H ndhnlPs and fihPr nptic rnhic i inrder and along
(pipeline or other facility, as required) (parallel to, under, across, as required)
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Page 2 of 6 R 0 Grant Co, WA
BOARD OF COMMISSIONERS
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certain County road(s) in Grant County, Washington, as referenced in said application and notices, and
as particularly described above, subject to the following conditions:
The franchise shall terminate within one year from the date of issue, unless the Grantee
furnishes a certificate of completion to the Director of Public Works within one year from the
date of any permits issued pursuant to the franchise.
2. The Intermountain Infrastructure Group, LLC
(applicant)
hereinafter referred to as the applicant, their successors and assigns, agree to hold the County of
Grant, State of Washington, harmless and free from any and all damages, costs, and expenses,
including indemnity for any settlements or judgements, defense costs, and attorney's fees, caused
in whole or in part by the construction, maintenance, or operation of the facility covered by this
franchise including but not limited to all underground facilities and appurtenances as well as any
and all damages, costs, and expenses, including indemnity for any settlements or judgements,
defense costs, and attorney's fees caused in whole or in part by the exercise of any right granted
hereunder.
3. The applicant shall, within a reasonable length of time, repair any damages which may be done
to said road(s) herein described by reason of laying, construction, operating or maintaining the
franchised facility and shall restore road(s) in as good condition as before they were disturbed by
the aforesaid operations.
4. The applicant shall furnish Grant County a bond, certified check or cash deposit in the sum of
$ to insure that said road repairs will be made to the satisfaction of the County
Engineer, it being agreed that upon the expression of such satisfaction, said bond, check, or
cash deposit shall be returned forthwith to the applicant.
5. The applicant shall make application for and obtain a permit to perform work on the right of
way from the County Engineer to place all facilities authorized by this franchise.
6. The applicant shall comply with all conditions imposed on the permit and reimburse the County
for the cost of any inspections felt necessary by the County to assure compliance with the
provisions of the permit and this franchise.
7 The applicant shall give notice to the Grant County Engineer when the traveled portion of the
affected roads are to be interfered with when locating, constructing, operating, and maintaining
the facility, said notice to be given at least two (2) days before the work is performed.
In locating, constructing, operating, and maintaining the facility, the applicant, their successors,
and assigns, shall at all times leave at least one half of the traveled portion of the roadway open
to traffic unless written authorization to close the roadway(s) is granted by the Grant County
Engineer, adequate detour signage is erected, and a Public Notice of Closure is published in the
newspaper serving the area at least three (3) days in advance of the closure.
9. When, by reason of the construction, repair, improvement, alteration, or relocation of said
County roads, or any portion thereof, it shall appear necessary in the opinion of the Board of
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BOARD OF COMMISSIONERS
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County Commissioners of Grant County, State of Washington, to remove, lower, or relocate
said facility from said roads, the applicant, their successors, and assigns, agree to remove,
lower, or relocate said facility immediately at their own expense to the place or places
designated by the said Board of County Commissioners.
10. In the event that said County roads or portions thereof as described, shall become a State
Highway and therefore by reason of the construction, repair, improvement, alteration, or
relocation of all or any portion of said roads as a State Highway, as determined by the
Department of Transportation of the State of Washington, it shall become necessary in the
opinion of the said Department to remove, lower, or relocate said facility from said highway,
the applicants, their successors, and assigns, agree to remove, lower, or relocate said facility
immediately at their own expense to the place or places designated by said Department.
11. The County reserves the right to revoke the privileges granted by this franchise and to seek legal
remedies for failure of the franchise holder to comply with the conditions set forth above and/or
to correct any deficiency after being given thirty (30) days written notice of correction by the
County.
DATED this -g P -P day of JUv-,e-yK. 20_?�
EST:
Cl rk of the Bo
Approved as to Form:
Prosec g Attorney
of Grant County, Washington
Presented By:
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
E CJS tE31
CHAIRMAN
COMMISSIONER
COMMISSIONER
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BOARD OF COMMISSIONERS
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