HomeMy WebLinkAboutFranchise - BOCC1500905 06/28/2024 03:31 PM FRANC
Page 1 f 19 R 321.50 Gran! co, WA
GRANT COUNTY COfif1I5SI0NER5
V III IIII II I III VIIII IIII I III II I VIII ILII II VIII VIII VIII VIII II III
Return to: Barbara Vasquez
Commissioners Office
Document Titles: Grant County Franchise Agreement
Reference Number:
Grantor(s):
1. Grant County
2.
3.
4.
5. Additional grantors on page
Grantee(s):
1. JR Simplot Company
2.
3.
4.
5. Additional grantees on page
Legal description (lot, block and plat name or section, township &range):
Road 3 -NE (Wheeler Road) in S 16, T 19 N, R 29 E WM
Assessor's property parcel number:
1.
2.
3.
4.
5. 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.
GRANT COUNTY FRANCHISE AGREEMENT
Franchise agreement between J. R. Simplot Company
and Grant County, Dated
1. Scope and Duration
2. Definition of Terms
3. Permits, Plans, and Specifications
4. Performance of Work
5. Aesthetic/Scenic Cons iderations
6. Maintenance of Facilities
7. Hazardous Wastes, Substances
8. Relocation
9. Non-Exclusive/Other Occupants
10. Insurance and Security.
11. Hold Harmless and Indemnity
12. Reservation of Police Power
13. Applicable Laws
14. Eminent Domain, Powers of the People
15. Annexa.ti on
16. Vacation
17. Termination
18. Assi gtrmut
19. Effective Date
20. Severability
21. Limitation of Liability
22. Hazardous Conditions
23. Notices
24. Governing Law and Stipulation of Venue
Scope and Duration
Name of Applicant, its successors and assigns (hereinafter called "Grantee'i are
hereby granted a franchise to set, erect, install, place, lav, construct, extend,
support., attach., conned. maintain, repair, replace, enlarge, operate and use ( type of
utility or installation)( choose type of installation) (in, upon, over, under, along, across
and through) the Grant Count -y roads and rights of falling within the area
described on the attached Appendix I (such. roads and rights-of-way being hereafter
referred to at times as the "Franchise Area"), for a period of fifty (50) years, d1l in
accord with the granting this Franchise, 0 applicable provisions of Grant County
Utility Accommodation Policy, Codes and Ordinances, whether specifically referred
to or -not, and this Exhibit A; provided that, notwithstanding the Coun-ty's
continued right to enact codes and ordinances, in the event of any conflict
or inconsistency of such codes and ordinances
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Page 2 of 19 R 321.50 Grant Co, WA
GRANT COUNTY COMMISSIONERS
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with the terms and conditions of this Franchise (including, without limitation, this
Exhibit A), the terms and conditions of this Franchise shall govern and control.
2. Definition of Terms
COUNTY
Grant County.
COUNTY COMMISSIONERS
Grant County Commissioners.
COUNTY ENGINEER
Grant County Engineer
COUNTY ROAD STANDARDS
The policy titled "Grant County Minimum
Road Standards for Developments5lb or the
pol1 cy5s successor.
COUNTY UTILITY POLICY
The policy titled "Accommodation of
Utilities on County Road Right of Way for
Grant County'15 approved by the County
Comml s s i oners Febru m --y 9 5 199 8 or the
--poliqr"s successor.
FRANCHISE
The terms and conditions of this franchise
agreement., as set forth in this Exhibit A. In
accordance with RCW 36.55 and RCW
80.32.
GRANTEE
J. R. Simplot Company
its successors and assigns, and any the
person named in any permit as permittee, and
any successor to any rights or interests of a
permittee under a permit or in property
installed on the right-of-way pursuant to a
permit.
MANUAL ON UNIFORM TRAFFIC
Latest edition of the MUTCD, Manual on
CONTROL DEVICES (MUT D)
Uniform Traffic Control Devices for Streets
and Highways, U.S. Department of
Transportation, Federal Highway
Administration.
MAP OF DEFINITE LOCATION — for
Construction plans; plans and specifications;
new consti-Liction not pre-existing
design standards and specificalions.
facilities.
PERMIT
A document including any license.., permit, or
franchise, authorizing specified use of county
rights-of-way and granted under the
provisions of this franchise and (county
code).
RESTORATION
A general term denoting replacing., repm'ring,
or otherwise restoring the right-of-way to
same or equal condition as before any change
or construction began thereon.
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GR NT COUNTY COMMISSIONERS
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RIGHT-OF-WAY
All prope: MT falling within the area described on the attached Appendix I
in which the Count-�r has any form of ownership or title and which is held
for public road, right-of-way or other public purposes, regardless of
whether or not any road or facilit-v exists thereon or whether or not it is
used improved, or ma'nta-i'ne l i c tra
id for pubvel.
ROADN-VAY
The portion of the r'fit- 1 of-wav, within the outside limits of the side
slopes (shoul d er to shoul d er) o r b etwe en curb Anes, used for vehi alar
travel.
TRAFFIC
A general term more specifically defined in the MUTCD.
CONTROL
3. Permits, Plans, and Specifleations
A. Prior to commencing any work within the Franchise Area on any count7 road or night -
of -w -,ay, the Grantee shall comply with and obtain all necessary permit,'-; to do such
work. Permits required may include, but axe not limited to, Work in the Right -of -Way
Permits, Approach Permits, Conditional Use Permits, Haul Road Permits and/or any
other County, State or Federal Permit required. Refer to the Grant County Utility
Accommodation Policy, Comprehensive Plan and other County Development
Regulations for necessary county permitting.
Work in the might- of-Wayp erm its wim
ll require at a minium, plans and specifications
I
showing: the position, depth, and location of Facilities to be constructed within the
Frau. chis e Area at that tim e and their p o s iti ons I n rel ati on to any 1 nvolved count road
and their locations within the righto-of-way. These plans, all drawn to scale, shall be
known as the "map of definite location Specifications will include class and type of
mat rials and equipment to be used, manner of excavation,
construction installation
and back -fill; location of temporary and permanent structures to be erected; description
of road facilities which will be disturbed and plans for their restoration; traffic
controls; traffic turnouts and detours; road obstructions; and such other details as are
required by the County Engineer.
Grantee shall pay all costs and expenses incurred by the County in reviewing plans
and specifications, as and to the extent required by applicable provisions of the Grant
County Utility Accommodation Policy.
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1 4. Performance of Work
A. No work on any County road or right-of-way shall be commenced until all necessary
permits have been obtained and a set of plans and specifications, reviewed, approved,
and endorsed by the County Engineer, has been returned to the Grantee.
All work shall be performed in accordance with the approved plans and specifications
and shall be subject to inspection and incremental approval by the County Engineer.
Grantee shall pay all reasonable costs and expenses incurred by the County in
inspecting and approving the work, as and to the extent required by applicable
provisions of the County Utility Policy. Grantee shall remain solely responsible for
compliance with all applicable laws, regulations, codes, and standard plans and
specifications in the design and construction of Grantee's Facilities within the.
Franchise Area. The Grantee shall notif.y the County Engineer at a minimum of 48
hours prior to starting any construction activity.
If and to the ex"tent Grantee reasonably determines that action on Grantee's part is
necessary to respond to an emergency situation involving Grantee's Facilities within
the Franchise Area, and such action would otherwise require the notice specified
above, the County hereby waives the requirement that Grantee give such -notice as a
prerequisite to undertaking such activity y he
. ; pr however5 Grantee shall notift
County Engineer, verbally or in writing, as soon as practicable and no later than 24
hours following the emergency if the roadway shoulders, embankment or cut slopes,
or drainage facilities are disturbed.
B. Grantee's Facilities within the Franchise Area shall be laid in exact conformance with
the map of definite location except where deviations are allowed in writing by the
County Engineer pursuant to application by Grantee, in high case Grantee shall file
a corrected map of definite location.
C. Any work which disturbs any soil, surface, or structure of any County road or fig -
.,ht
of -way shall be controlled by applicable design standards and specifications of the
County, and applicable provisions of the Grant County Accommodation of Utility
Policy and County Road Standards. Grantee, at its expense, shall restore such surface
or other facility to at least a condition the same as it was in immediately prior to such
disturbance (or make provisions therefor), all to the reasonable satisfaction of the
County Engineer. The County Engineer may cause to be done, at the expense of the
Grantee, all work necessary to render any County road or right-of-way safe. where a
condition which is dangerous to life., health, or property is created by Grantee as a
result of work undertaken by Grantee within the Franchise Area or where Grantee
falls to restore any surface or other facility within the Franchise Area as required in
this paragraph, but in each as only if Grantee does not promptly take corrective
action after receiving written notice from the County Engineer regarding such
condition or failure.
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GRANT COUNTY COMMISSIONERS
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D. All work within the Franchise Area shall be done in accordance with the current
County standards in a thorough, professional, and workmanlike manner with
minimum interference in public use of the count7
yr road. Where any work includes
opening of trenches and/or ditches and/or tunneling under a county road or right-of-
way, Grantee shall take all reasonable precautions necessary to protect and gpard the
publ1 ' c from any diti ion caused by the work. Grantee shall conform to the MU TCD
con
including directing traffic, signs, and barricades. Subject to Section 8, below, and
specifically the rights of Grantee with respect to third parties under Section 8(C), if
any line, pole or other facility of Grantee is located that, in the opinion of the County
Engineer, any hazard to travel of the public is created, Grantee shall relocate the line,
pole, or other facility -.it its expense upon request of the County Engineer. Grantee
shall be liable for an -
.,v damages, including any costs incurred by the County in
remedying any failure to provide adequate traffic controls and protection to members
of the public and their property.
E. Before any work- which may affect anNr existing monuments or maxkers of any nature
relating to subdivisions, plats, roads, or other surveys is performed by Grantee within
the Franchise Area under this Franchise, Grantee shall reference all such monuments
and maxkers. Reference points shall be so located that they will not be disturbed
during Grantee's operations under this Franchise. The method of referencing
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 markers lost, destroyed, or disturbed,
and the expense of replacement of approved monuments shall be borne by the
Grantee. A complete set of reference notes for monument and other ties shall be filed
with the County.
G. All work undertaken by Grantee within the Franchise Area shall be performed by the
Grantee in compliance with all applicable Federal, State., and Count-
y laws,
regulations, and policies (including, without limitation, applicable environmental and
land use laws and regulations)-, provided that, -notwithstanding the County's continued
right to enact codes and ordinances under the Grant County Utility Accommodation
Policy, in the event of any conflict or inconsistency of such codes and ordinances
with the terms and conditions of this Franchise (including, without limitation, this
Exhibit A), the terms and conditions of this Franchise shall govern and control.
5. Aesthetic/Scenic Considerations
A. If Grantee intends to use pesticides within the Franchise Area to control or kill weeds
and brush in scenic areas, prior approval must be granted by the County at: least
annually (which approval shall not be unreasonably withheld or delayed). The County
may limit or restrict the types, amounts, and timing of applications if a significant
negative impact on the aesthetics of the area is anticipated, provided such limitations
or 'n
restrictios are not in conflict with State law f
governing utility right-
maintenance.
R
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GR NT COUNTY COMMISSIONERS
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B. Refuse and debris resulting from the installation or maintenance of the Facilities by
Grantee shall be promptly removed once the work is completed.
6. Maintenance of Facilities
The Count% ill not assume respons'b'l"t
,,?- w I I I I y for damage to the Grantee's property and
various objects that are placed in county- roads and rights-of-way. The Grantee will
maintain its above -ground Facilities within the Franchise Area so -cis not to unreasonably
interfere with county maintenance or free and safe passage of traffic if so allowed by
Grant County.
7. Hazardous Wastes,, Substances
Grantee agrees that itwill not neg I
I J"gently or int cause the release of any
hazardous substance, waste, or pollutant or contaminant as defined by applicable law)
into or upon any Countr road or right-of-way in violation of an state or federal law with
respect thereto. Grantee shall notify the County. and the State Department of Ecology in
writing of any such illegal release. Grantee shall be completely 1i -able for any and all
consequences of such illegal release, including liability under any federal or state statute
or at common law. Grantee shall IndemniAr and hold the county harmless, as provided in
paragraph 10, from any and all liability resulting ftm.such an illegal release and shall
J_
have full responsibility for completely cleaning up, as required by any government
agency, any and all contamination fi-om such release. The Countv shall be enti
tl ed to full
contribution for all costs 'Incurred by it as the result of any release of such materials by
Grantee in violation of any state or federal law. Upon any such illegal release of a
hazardous substance by Grantee, the Count -y may give immediate notice of termination of
thi s Fra nchi s e or enter the Fran chl s e Area and tali e whatever S tep s I t d e em S appropri ate to
cure the consequences of any such release, all at the expense of the Grantee, but only if
Grantee does not promptly take corrective action after receiving written notice from the
County Engineer.
8. Relocation
A. Utility Installations shall be located to minimize need for later ad�justment to
accommodate future roadwaN
yr improvement and to permit access to servicing such
installations with minimum interference to roadway, traffic. If the County causes any
Count,
y road or r'I
ght-of-way to be constructed improved, relocated, realigned, or
otherwise changed within .the Franchise Area; including traffic controls, drainage, and
illumination; or if any part of such road or right-of-way becomes a state highway and
relocation or readjustment Is directed by the State Director of Transportation so as to
reasonablFnssitat relocation of a Facility of the Grantee on such road or right -
o f- way within the Franchi s e area. (in anv c as e for purposes other than thus e d e s crib e d
in Section 8(C), below), the County will:
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GR NT COUNTY COMMISSIONERS
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(a) provide Grantee, within a reasonable time prior to the commencement of
the road or right-of-way project, written notice requesting the relocation;
and
(b) provide Grantee with reasonable plans, timetables and specifications for
s u ch ro ad or ri ght- o f- w ay p rcje et.
After receipt of such notice and such plans, timetables and specifications, Grantee
shall reloo t s u ch F ac. i I iti es within. the Franchi s e Are a at no cost to the C ounty.
B. The County Engineer shall have the final approval of the relocation schedule. Grantee
shall be responsible for l
t"me-
I yr compliance with Facility relocation and coordinate
with the Count -N
/- or the Countys contractor.
The construction!, operations, maintenance, and repair of Grantee's Facilities
authorized by this Franchise shall not preclude Grant County, its agents, or its
contractors from blasting, grading, excavating, or doing necessary road work-
contizious to the said Facilities of the Grantee provided that the Grantee shall be
given forty-eight (48) hours notice of said blasting or other work, and provided
further that the forego 1 ng s hall b e sub ect to all other provi s i ons o f thi s Franchl s e and
shall not substantially or unreasonably impair the rights granted to Grantee under this
Franchise.
C. W'henever (a) any public or private development within the Franchise Area, other
than a public night of way improvement of the type described in Section 8(A), above.,
requires the relocation of Grantee's Facilities within the Franchise Area to
accommodate such development; or (b) the County requires the relocation of
Grantee's Facilities within the Franchise Area for the benefit of any person or entity
other than the County, then in such event, Grantee shall have the right as a condition
of such relocation, to require such developer, person or entity to make payment to
Grantee, at a time and upon terms acceptable to Grantee, for any and all costs and
expenses incurred by Grantee in the relocation of Grantee's Facilities.
D. Any condition or requirement imposed by the County upon any person or entity, other
than Grantee, that requires the relocation of Grantee's Facilities shall be a required
relocation for purposes of Section 8(C), above (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conj junction with
approvals or permits for zoning, land use, construction or development).
E. Nothing in this Section 8 shall require Grantee to bear any cost or expense in
connection with the location or relocation of Facit an- I I
yr ities then existing pursuant to
easement or such other rights not derived from this Franchise.
in
9. Non-Exclusive/Other Occupants
A. This Franchise is not exclusive. It shall not prohibit the County from granting other
franchises or permits for use of any County roads or lights -of -ways or parts thereof.
Subject to this Franchise, Grantee shall not prevent or prohibit the County from
h
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Page 8 of 19 R 321.50 Grant Co, WA�.
GRANT COUNTY COMMISSIONERS
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-constructing, altering, maintaining, or using a of said roads or rights-of-way, or
affect its Jurisdiction over them or any part of them, the County having full power to
mak all ne ce s s ary changes, relocations, repairs, mai ntenan ce , etc., of the s am e as the
County may deem fit.
B. All installation, operation, maintenance, and repair by the Grantee of its Facilities on
any county road or r'ght-of-wa-- within the Franchise Area shall be done so as not to
I
unreasonably interfere with installation, construction, operation, maintenance, or
repair of other utilities, drains, ditches, structures, or other improvements permitted
upon such road or r"I gt-of-wa-
yr, subject to the preference and priority rules set forth
below. Owners, public or private, of any such facilities installed prior to construction
and/or installation of the Facilities of Grantee, shall have preference as to positioning
and location of such facilities. Likewise, Grantee's Facilities shall have preference as
to positioning and location over any such other facilities that are installed after the
construction and/or installation of the Facilities of Grantee. Such preference shall
continue if relocation is required as a result of any construction relocation,
reall nLt, and/or change of grade by the County.
10. Insurance and Secu
A. For the period after the assi n of this Franchise to the Utility Assignee under
Section 18, below, the following insurance provisions shall apply:
Prior to the effective date of this franchise and during its life, the franchisee shall obtain and
maintain continuously liability insurance necessary to comply with the bold harmless agreement
herein with limits of liability not less than:
$2.5000,000.00 per occurrence
The County Engineer may further determine that Business Auto Liability Insurance
may also be required. Such insurance shall include Grant County, its officers, elected
officials, agents, and employees as an additional insured and shall not be reduced or
cancelled without thirty- days written prior notice to the County. Such insurance, in its
provision for additional insured, shall include a "Cross Liability Endorsemenfj
"Severability of Inter es&1) , or "Separation of Insureds51N provision indicating:
The inclusion of more than one insured under this policy shall not affect the
rights of any insured as J
respects any claim, suit, or 'udgment made or brought by
p
or for any other insured or by or for any employee of any other insured. The
policy shall protect each insured in the same manner as though a separate policy
had been issued to each except that nothing herein shall operate to increase the
to liability beyond ond the amount or amounts for which the insurer would
have been liable had only one insured been named."
All insurance policies will be issued on an occurrence basis. Claims made policies are
unacceptable. Grantee shall maintain coverage for the duration of this Franchise.
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GRANT COUNTY COMMISSIONERS
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Grantee shall provide the County annually a signed certificate of insurance naming
Grant County a,% an additional insured. Proof of all insurance shall be in a form
acceptable to the County, and all conditions and requirements of insurance stated in
this clause 10.A shall be satisfied prior to commencement of construction. All
insurance documentation shall be submitted and reviewed by the Grant County Risk
Manager prior to commencement of construction.
The County may require additional bond, deposit or security as provided in the Grant
Countr Accommodation of Utilit-yI ptance by the County of an- Pol'cy. Acce -
yr work
performed by the Grantee at the time of completion shall not be a ground for
avoidance of this covenant.
In lieu of the insurance requirements set forth in this Section 10, Grantee may self -
insure against such risks in such amounts as are consistent with good utility practice
and the per occurrence minimum of $2,000,000-00. Grantee shall provide the County
with a self-insurance letter as evidence that Grantee maintains a self-insurance
program.
11. Hold Harmless and Inde
A. The Grantee shall defend indemnlfv and hold harmless the Dung, its appointed and
elected officials, I th'd party claims, losses, suits,
agents, and employees aga'nst a Ir
acti ons . c o sts , c ouns el fees , li ti gatl on co S ts , expenses, d am ag es, j u d gm tints , or d e cre e s
on account of anv inj
ury or damage to the person or property of another, to the extent
such injui-Nr or damage is caused by the negligence, willful misconduct, or from auv
breach of any common law, statutory her delegated du y pursuant. to
yr or ot t� t -h I s
Franchise of Grantee, Grantee's employees, agents, or subcontractors, in exercising
the rights granted to Grantee in this Franchise.
B. For the avoidance of doubt, for those provisions of this Franchise which a court of
competent Jurisdiction determines are subject to RCW 4.24.115, then in the event of
damages arising out of bodily injury to persons or damage to property caused by or
resulting from the concurrent negortigence of the County, its appointed and elected
officials, agents or employees, and the Grantee or the Grantee's agents or employees,
the Grantee's liability to hold harmless and indemni! the County is enforceable only
to the extent of the Grantee' s negligence.
C The Grantee's obligation shall include, but not b e 11 m I te d to, inve stl gati ng . a ustl ng
and defending all claim,% alleging loss from any negJigent act, error, or omission or
from any breach of any common law, statutory or other delegated duty pursuant to
this Franchise of the Grantee or its employees, agents, or subcontractors.
D. In the event a claim or demand be presented to or filed with the County by reason
o f the A ove-m entl on c au s es . the C ounty s hall promptly noti A, Grantee there o f, and
Grantee shall have the right, at its election and at its sole cost and expense, to settle
and compromise such claim or demand. In case suit or action is brought against
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Grant County for damages arising out of or by reason of the above-mentioned causes,
the County shall promptly notiAr Grantee thereof and the Grantee will, upon notice to
it of the commencement of said action, settle, compromise or defend the same at its
sole cost and expense, -and in case judgment shall be rendered against the Countv in
suit or action, the Grantee will fully satisfy said Judgment within ninety (90) days
after suit or action shall have finally been determined 5 if determined adversely to
Grant County. In the event Grantee refuses a tendered defense by the County -
pursuant to section 11 of this Franchise and if rant's rhinal is subsequently
determined by a Court having Jurisdiction (or such other tribunal that the parties shall
agree to decide the matter) to have been a wrongful refusal, they. Grantee shall pay all
of the County's reasonable costs for defense of the action including all legal costs,
witness fees and attorney fees and indemnir the County for any settlement made by
the Count-
.y- of the wrongfully refused claim or demand.
E. Solely to the extent required for the County to enforce Grantee's indemnification
obligations under this Section 11, Grantee waives its immunity under RCW Title 517
provided that the foregoing waiver shall not in any wa-
.,N7 preclude Grantee from raiI
sing
such immunit�7 as a defense against amr claim brought against Grantee by any of its
employees. This waiver has been mutually negotiated by the parties.
F. The provisions of this Section 11 shall survive the expiration or termination of this
agreement.
12. Reservation of Police Power
In granting this Franchise, the County does not waive any of its police powers to regulate
the use of County roads or rights-of-way. in the interest of public health, safety, and
general Afar . provided, however, that the Count-N.,r shall adopt ordinances and
re,gilati ons i n a m anner c ons i stent wi th the term s o f thi s Fran chi s e.
13. Applicable Laws
Grantee shall comply with all federal, state, and local laws, rules, and regulations
applicable to any work, facility, or operation of Grantee upon County roads or rights-of-
way during the life of this Franchise.
14. Eminent Domain, Powers of the People
This Franchise is subject to the power of eminent domain and its existence shall not
preclude the County from acquiring by condemnation in accordance with applicable law,
all or a portion of Grantee's Facilities within the Franchise Area for the fair maxket value
thereof. In determining the value of such Facilities, no value shall be attributed to the
right to occupy the Franchise Area conferred by this Franchise. Nothing herein, however,
is intended to or will limit any severance damages arising out of any impact of any such
condemnation on the Name of Proj" ect or related Facilities.
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PaXof 321.50 Grant Co, WA
GR NT COUNTY COMMISSIONERS
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15. Annexation
If any i i incorporated into the limits of
y road or right-of-way covered by this Franchise is
an)y I city or town, this Franchise shall terminate. as to any road or right-of-way within the
corporate limits of such city or town (except as otherwise provided by applicable law).,
but this Franchise shall continue as to county roads and rights -of -ways not incorporated
into a city or town.
16. Vacation
If the County vacates all or a portion of any county road or right-of-way which is sulject
to this Franchise, and said vacation is for the purpose of acquiring the fee or other
property interest in said road or right-of-way for the use of the County in either its
proprietary or governmental capacity, the Count, its option and by
y Commission may, at
giving thirty (30) days written notice to the Grantee, terminate this Franchise with
reference to anv county road or n'ght-of-way so vacated and, in its vacation procedure,
reserve and grant an easement to Grantee for Grantee's Facilities, and the County shall
not be 11 -able for any damages or loss to the Grantee by reason of such termination.
Whenever a county road or right-of-way or any portion thereof is vacated upon a finding
that it is not useful and the public will be benefited by the vacation, the County may
retain an easement in respect to the vacated land for the construction, repair, and
maintenance of public utilities and services which at the time of the vacation are
specifically authorized under paragraph 3 or physically located on a portion of the land
being vacated, but only in accordance with the provisions of RCW 36.87.140. In such
event, the County shall also in its vacation procedure, reserve and grant an easement to
Grantee for Grantee's Facilities. The County shall not otherwise be liable for any
damages or loss to the Grantee by reason of any such vacation.
17. Termination
A. If Grantee defaults on any term or condition of this Franchise, the County_ may serve
upon Grantee a written order to so comply within sixty y
I I a
_ (60) d_ s from the date such
order is received by Grantee. If Grantee is not in compliance with this Franchise after
expiration of said sixty (60) day period, the County may, by ordinance, declare an
immediate forfeit -Lire. of this Franchise. provided, however, if any failure to comply
with this Franchise by Grantee cannot be corrected with due diligence within said
sixty (60) daype liod (Grantee's obligation to comply and to proceed with due
diligence being suklect to unavoidable delays and events beyond its control), then the
time within which Grantee may so comply shall be extended for such time as may be
reasonably necessary and so long as Grantee commences promptly and diligently to
effect such compliance. Upon such termination, all rights of the Grantee hereunder
shall cease. Should any action or proceeding be commenced to enforce any of the
provisions of this Franchise, the prevailing party in such action shall be awarded 5 in
addition to any other relief it may obtain, its reasonable costs and expenses, not
limited to taxable costs, and reasonable attorneys fees.
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Re 12 of 19 R 321.50 Grant Co, WA
GR NT COUNTY COMMISSIONERS
IIII 1II VIII IIII MIDI II III II II IVIIIVIII II VIII VIII VIII VIII1 IN III
B. The County, at its option, may terminate this Franchise by ordinance, as to those
roads and rights-of-way upon which Grantee has not consti-Licted or placed any
Facilities within five (5) years of the effective date of this Franchise.
C. In the event that the use of all or any part of Grantee's Facilities is permanently
ars-- reason, nued for
i
dscontiincluding, but ndiscontinuance
limited to, discontinuanI y
obsolescence, or abandonment of the Facilities, or the abandonment, termination, or
expiration of this Franchise, the Grantee is solely responsible for the removal and
proper disposal of the abandoned/surplus Facilities within the Franchise Area. The
Grantee is not entitled to abandon any Facilities in place without the County's prior
express agreement and written consent. The Grantee shall restore the county roads
and fights -of -way from which such facilities have been removed to the same or equal
conditions as before.
D. Upon the expiration of this Franchise for any reason other than a default by Grantee
or abandonment of the Facilities,., the Grantee shall have the first and preferential right
to take and receive such authority upon similar terms and conditions.
18. Assignment
All the provi s I ons } c ond I ti ns, regul ati ns} and requ irem ents Derain. c ontal"ne d shall b e
in upon the successors and assigns of the Franchisee, and all privileges, ass well as
all obligations and liability of the Franchisee, shall ensure to its successors and assigns
equally as if they were specifically mentioned wherever the Fran chi s e e i s m enti one d.
Any reference in this franchise to a specifically named party shall be deemed to apply to
administrator, p I
any successor, heir, , executor or assign of such arty. (hereinafter
collectively referred to as successor) who has acquired its interest in compliance with the
terms of this franchise, or under law.
Amy successor will notify Grant County of the change within 30 days of the transfer if the
County. is not notified prior to said transfer. The County, at its discretion, may require
the successor to complete a new franchise. Should the County not be notified within the
allotted time the unty may withdraw the franchise at its discretion. ALL work- within
any County right-of-way requires a work- in right- of -way permit
The successor will be held liable to the extent of the law for any damages caused by not
following through with noti4,lng Grant Count�r. Should any court find the successor not
liable, the original holder of this franchise shall assume full liability as if the succession
never occurred.
12
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PaRe 13 of 19 R 321-50 Grant Co, WA
GR NT COUNTY COMMISSIONERS
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
19. Effective Date
This Franchise shall be effective this r (30) days after approval by the County
Commission; PROVIDED that Grantee within such time, has signed a copy thereof and
returned it to the C oun4r Commi ssi on.
20. Severa.
If any provision of this Franchise or its application to any person or circumstance is held
to be invalid, such decision shall not affect the validity of the remaining portions of this
Franchi s e or i is a-ppli c ah on to other P ers ons or c i rcum s tans e s.
21. Limitation of Liao ilia
Administration of this Franchise shall not be construed to create the basis for any liability
on the part of the County, its appointed and elected officials, and employees for any
injury or damage from the failure of the Grantee to comply with the provisions of this
Franchise-, by reason of any plan, schedule, or specification review, inspection, notice and
order, Permission. or other approval or consent by the County, for any action or inaction
thereof authorized or done in connection with the implementation or enforcement of this
Franchise by the County, or for the accuracy of plans submitted to the County.
22. Hazardous Conditions
Whenever any conditions or operations caused by any activity undertaken by Grantee
pursuant to this Franchise have become a hazard to life and limb, endanger property or
public resources, or adversely affect the safety, use, or stability of a public way or
drainage channel, the County Engineer shall -notify the Grantee in writing of the property
upon which the condition or operation i's located, or other person or agent in control of
said propei-t-y, and direct them to repair or eliminate such condition or operation within
the p eri o d sp e ci fi ed t-herei n s o as to ell m 1 nate the hazard and b e in c onform an ce wi th the
requirements of this Franchise.
Should the County Engineer have reasonable cause to believe that the situation Is so
adverse as to preclude written -notice, he/she may take the measures necessary to
eliminate the hazardous situation, provided that he/she shall first make a reasonable effort
'Ar the Grantee bef(--)re acting. In such instancy, Grantee to noti I instanc the Gra ee for the
creation of the hazardous situation) shall be responsible for the payment of any
reasonable costs incurred. If costs are incurred and the hazardous situation has been
created in conjunction with or as a result of an operation for which a bond has been
posted pursuant to this title or any other County au.thorit- y, thCounty Engineer shall
e .
have the authorI t y to forfeit the bond or other security to recover the costs incurred.
13
Pag00905or 06/28/2024 03:31 PM FRANC
19R210GAntCoWAGT COUNTY COMMISSIONERS
11111 IN IN
'223. Miscellaneous
This Franchise may be amended only by written instrument, signed by both parties,
which specifically states that it is an amendment to this Franchise and is approved and
executed in accordance with the laws of the State of Washing, on.
This Franchise is subject to the provisions of any applicable tariff on file with the
Washing on Utilities and Transportation. Commission or its successor. In the event of
any conflict or inconsistency between the provisions of this Franchise and such tariff, the
provisions of such tariff shall control.
24. Notices
Notices provided for in this Franchise shall be sent to the following addresses:
1) Giant County Public Works Department
124 Enterprise St SE
Ephrata, INVA 98823
2) Grantee:
J. R. Simplot Company
If to Company Name:
with a copy, to:
J. R. Simplot CompanNr
P.O. Box 27
Boise 18 3707
Attn: Corporate Secretary
If to the Utilit-
I I y?, As si gnee:
Attn:
25. Governing Law and Stipulation of Venue
The Grantee shall promptly notify the County of any change in notice address. The
Grantee hereby afires to b e b ound by the I aws o f the State o f W- ashi ngton and s ubj e cte d
to the Jurisdiction of the State of Washington. The parties hereby stipulate that this
Franchise shall be governed by the laws of the State of Washington and that any lawsuit
regarding this contract must be brought in Grant County,Washing the case of a
on , or i n
federal action, in the United States District Court for the Eastern District of Was hinSton.
at Spokane, Washington.
14
Pag009s5oi06/28/2024 03:31 PMFRANC
e 19 R 321.50 Grant co WA
GRANT COUNTY COMMISSIONERS
I1111 UI IIII VIIIIIIIII I VIII 1111111111 VIIIIIIVIII VIII VIII IIIIII
APPENDIX 1
Franchise Area Boundaries
Name of County Roads and Section, township and range of the franchise areas.
Road 3 NE (Wheelef Road)
Section 16, Township 19 N, Range 29 E
15
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WNT1COUNTV COMMISSIONERS R 321.50 Grant Co, WA
I
VIIIIIIVIII VIII IIII IIIIII VIII I IIIIII IIIIII IN 11111111111111111111 Ill VIII VIIIIIIII II
Consti-Liction Work Technical Standards
Grantee shall submit drawings for the construction work, if required by the County
Engineer. Drawings shall be to a working scale, showing position and location of work.
Names or number - and width of roads, streets, etc., showing their location in plats, or
subdivisions of sections, toNivuship and range, showing the relative position of such work -
to existing utilities., constructed, laid installed or erected upon such roads, streets or
public places.
Grantee shall seri pec
I y the type of construction by submitting p1ans showing the class of
material and the manner in which the work is to be -accomplished. All such materials and
equipment shall be of the highest qualit I
I y and the manner of excavation, fills,
constructlon, installation.., erection of temporary structures, traffic turnouts, road
obstruction., barricades,., etc., shall meet with provisions of the County Utility
Accommodation Policy (INIAC'136-40), and shall require approval of the County
Engineer. Signing, barricades, and traffic control in the vicinity of the work shall strictly
conform to provisions of "the Manual on Uniform Traffic Control Devices for Street and
Highways. 513 Grantee shall pay to the Count -11 applicable fees and charges prescribed
y a
by the policy for "Accommodation of Utilities on County Road Right of Way for Grant
Count- 15
yr.,
The location, type of work-, materials, and equipment used, manner of erection or
construction, safeguarding of public traffic during work- or after doing same, mode of
operation and manner of maintenance of project petitioned for, shall be approved by the
County Engineer prior to start of work- and shall be subject to inspection of the County,
Engineer so as to assure proper compliance with the terms of this Franchise.
Grantee shall Ie all ro ad s ., streets, alleys , publ. 1 c pl ac es, and stru cture s after i nstall ati on
and operation or removal of utility, in a good and safe condition in all respects as same
were in before commencement of work- by Grantee.
In case of any damage to any roads, streets, public places, structures or public property of
an -
r kind ynd on account of said work- by Grantee, Grantee will repair said damage at its own
sole cost and exp ens e.
The County Engineer, his agents or representative may do, order, or have done any and
all work- considered necessary to restore to a safe condition any street, alley, public place
or structure which is in a condition dangerous to a life., or property resulting from
Grantee's Facilities within the Franchise Area or its installation a,% permitted herein, and
upon demand Grantee shall pay to the County all costs of such work- and material.
16
1500905 06/28/2024 03:31 PM FRANC
MNT1000NTV9COAMISR SIONERS Grant Co, WA
I IIIIII III 111111111 III 111111111111111111111111111111111111111111111111111111111111111 IN IN
CERTIFICATE OF ACCEPTANCE
The undersigned grantee hereby accepts all the terms and conditions of this
franchise as set forth in E-xhlbit A for himself and for his heirs, executors, administrators,
successors, and assigns, being at:
(Location). 0 c SQ. �k10 this 14+t day of 20
J. R. Simplot Company
(Company or Organization)
Subscribed an sworn to be ore me (authorizing signature of applicant)
this Ma, q'0 James B. Alderman, Sr. Vice
President and Secretary
M*
- #0
(Type or print name and title)
C
NOT44it
oil V* ft if sfi-?�uo ft
r'k
06
Notary Public
1 4
RLIC
In and for 44000
a
jV26 ox. Z1. &O,%re. Bag 01 0. 00
00
0*00010 0 -t
(address)
OF I'D
#81191#11"Itl
DATED this /--Cj day of y 20
ATTEST: Cindy Carter, Chair
!� Danny�E. Stone vice,. -Chair
0 -77
Y -b a i
axb m --a J Z
er 0
k h iB el�
d
Ilerk of th B
Rob Jo" -nes, Member
Approved as to Form:
64,16vi(W ro s e cut in g'Awf-ney
of Grant County, Washington
17
1500905 06/28/2024 03:31 PM
Pa FRANC
Re 18 Of 19 R 321.50 Grant Co, WA
GR NT COUNTY COMMISSIONERS
1111111III1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
This map should not be construed as legal advice or legal opinion on
any specific facts or circumstances. The contents are intended for
general information purposes only, and you are urged to consult your
own lawyer concerning your own situation and any specific questions
you may have. o�o
Infrastructure records, drawings, and other documents have been
gathO,-d over many decades, using differing standards for quality
control, documentation and verification. All of the data provided
represents current information in a readily available format While ✓
the data is generally believed to be accurate, occasionally it proves to
be incorrect; thus its accuracy is not warranted. Prior to making any
property purchases or investments based in full or in part upon the
material provided, it is specifically advised that you independently
field verify the information contained in county records.
3 NE 94000
Pt
CO
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O 5
3 NE 94000
V�
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obo
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-61
3 NE 94000
Franchise starting on the east side of 3rd St (Wheeler), proceeding
east along Rd 3 NE for approxamately 900 feet.
1500905 06/28/2024 03:31 PM FRANC
Pag 19 f 19 R 321.50 Grant Co, WA
GR RNT COUNTY COMAISSIONERS
II I' III I II IIIA I I I I VIII I I I I II I II I I I 1 VIII II I I III VIII VIII VIII II III
`j
o�
0
obo
5�
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*% 4It&
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-61
3 NE 94000
Franchise starting on the east side of 3rd St (Wheeler), proceeding
east along Rd 3 NE for approxamately 900 feet.
1500905 06/28/2024 03:31 PM FRANC
Pag 19 f 19 R 321.50 Grant Co, WA
GR RNT COUNTY COMAISSIONERS
II I' III I II IIIA I I I I VIII I I I I II I II I I I 1 VIII II I I III VIII VIII VIII II III