HomeMy WebLinkAboutResolution 14-053-CC T
BOARD OF COUNTY COMMISSIONERS
Grant County,Washington
IN RE THE CASCADE NATURAL RESOLUTION No. 14 -Q�"5- CC
GAS CORPORATION
1�TONEXCLUSIVE RIGHT,
PRIVILEGE,AUTHORITY AND
FRANCHISE TO CONSTRUCT, ORDER AND RESOLUTION
OPERATE,MAINTAIN,REMOVE, GRANTING FRANCHISE
REPLACE,AND REPAIR EXISTING
PIPELINE FACILITIES UPON
PUBLIC STREETS,RIGHTS OF WAY,
ROADS,AND PROPERTY SITUATED
WITHIN GRANT COUNTY
WHEREAS, the Cascade Natural Gas Corporation ("FRANCHISEE"), a
corporation organized and doing business in the State of Washington, has previously
obtained a franchise to, construct, reconstruct, replace, renew, repair, operate and
maintain a gas pipeline and appurtenances thereof, across, on, along, above or under the
public streets, rights of way, roads and property of the County of Grant ("COLTNTY");
and
WHEREAS, the Board of County Commissioners finds that it is in the public
interest to specify the rights and duties of the Cascade Natural Gas Corporation through a
franchise; and
WHEREAS, RCW 36.55 et seq., permits the Board of County Commissioners to
grant non-exclusive franchises to persons or private or municipal corporations to use the
right-of-way of county roads for the construction and maintenance of waterworks, gas
pipes, telephone, telegraph, and electric light lines, sewers and any other such facilities;
and
WHEREAS, in granting such a non-exclusive franchise, Grant County
specifically reservas all powers and authorities granted to counties by general law.
NOW, THEIZEFORE, BE IT HEREBY RESOLVED THAT the Board of
County Commissioners does ordain as follows:
Section 1. Definitions.
For the purposes of this Franchise and any exhibits attached hereto, the following terms,
phrases, words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense include the future, words in
the plural include the singular, and words in the singular include the plural. Words not
defined shall be given their common and ordinary meaning.
1.1 Construct or Construction shall mean removing, replacing, and repairing existing
pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or
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excavating for the purposes of removing, replacing, and repairing existing pipeline(s)
and/or Facilities. '
1.2 Effective Date shall mean the date designated herein, after passage and approval
of this Order and Resolution acceptance by FRANCHISEE, upon which the rights, duties
and obligations shall come in effect and the date from which the time requirement for any
notice, extension and/or renewal will be measured.
1.3 Facilities shall mean the FRANCHISEE's pipeline system, lines, valves, mains,
and appurtenances used to transport or distribute of FRANCHISEE's petroleum
product(s).
1.4 Franchise shall mean this Franchise and any amendments, exhibits, or appendices
attached to this Franchise.
1.5 Franchise Area means along, above or under the public streats, rights of way,
roads and property of the COUNTY.
1.6 Hazardous Substance shall mean any hazardous, toxic, or dangerous substance,
material, waste, pollutant, or contaminant. The term shall specifically include petroleum
and petroleum products and their by-products, residue, and remainder in whatever form
or state. The term shall also be interpreted to include any substance which, after release
into the environment, will or may reasonably be anticipated to cause death, disease,
injury, illness,behavior abnormalities or, genetic abnormalities.
1.7 Maintenance or Maintain shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing pipeline(s) and/or Facilities or any part thereof as
required and necessary for safe operation.
1.8 Pipeline Corridor sha11 mean the pipeline pathway through the Franchise Area in
which the pipeline(s) and or Facilities of the FRANCHISEE are or may be located,
including any Rights-of-Way, Public Property, and/or easement over and through private
property.
L9 Public Properties shall mean the present and/or future property owned or leased
by the COLTNTY within the present and/or future corporate limits or jurisdictional
boundaries of the COUNTY.
1.10 Operate or Operations shall mean the use of FRANCHISEE's existing natural gas
pipeline(s) and/or Facilities for the transportation, distribution and handling of natural gas
products or byproducts within and through the Franchise Area.
L 11 Rig;hts-of-WaX means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements, rights-of-way
and similar public property and areas located within the Franchise Area.
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Section 2. Grant of Authoritv.
2,1 The COUNTY hereby grants to FRANCHISEE, a corporation authorized to
transact business within the State of Washington, its successors and assigns (as provided
in Section 4), the right, privilege, authority and Franchise to Construct, Operate and
Maintain its existing natural gas pipeline(s) and/or Facilities and otherwise develop
additional natural gas pipelines necessary for the transportation. distributi�n and h�nclling ,
of any natural gas product thereof, within the Franchise Area.
Sub.iect Countv Road Ri�ht of Wav
2.2 This Franchise is non-exclusive. The COUNTY reserves all rights to its property,
including, without limitation, the right to grant additional Franchises, easements, licenses
and permits to others, provided that the COUNTY shall not grant any other Franchise,
license, easement or permit that would unreasonably interfere with FRANCHISEE's
permitted use under this Franchise. This Franchise shall in no manner prohibit the
COUNTY or limit its power to perform work upon its Rights-of-Way, Public Properties
or make all necessary changes, relocations, rep�tirs, maintenance, establishment,
improvement thereto, or from using any of the Rights-of Way and Public Properties, or
any part of them, as the COUNTY may deem fit from time to time, including the
dedication, establishment, maintenance and improvement of all new Rights-of-Way and
other Public Properties of every type and description.
2.3 This Franchise is conditioned upon the terms and conditions contained herein and
FRANCHISEE's compliance with all applicable federal, state or other regulatory
programs that currently exist or may hereafter be enacted by any regulatory agencies with
jurisdiction over the FRANCHISEE.
2.4 By granting this Franchise, the COUNTY is not assuming any rislcs or liabilities,
which shall be solely and separately borne by FRANCHISEE. The FRANCHISEE agrees
and covenants to, at its sole cost and expense, take all nacessary and prudent steps to
protect, support, and keep safe from harm its pipeline(s) and/or Facilities, or any part
thereof, when necessary to protect the public health and safety.
2.5 This Franchise is intended to convey only a limited right and interest, It is not a
warranty of title or interest in the COUNTY's Rights-of Way or other Public Property.
None of the rights granted herein shall affect the COUNTY's jurisdiction over its
property, streets or Rights-of-Way.
2.6 This Franchise does not and shall not convey any right to FRANCHISEE to
maintain or install its Facilities on, under, over, across, or to otherwise use COUNTY
owned or leased properties of any kind, other than existing public rights of way.
2.7 The limited rights and privileges granted under this Franchise shall not convey
any right to FRANCHISEE to install any new pipeline(s) and/ or Facilities without the
express written consent of the COUNTY.
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Section 3.Term.
3.1 Each of the provisions of this Franchise shall become effective upon the Effective
Date, subject to FRANCHISEE's acceptance of the terms and conditions of this Franchise
and shall remain in effect for fifteen (15) years thereafter. Subsequently, the COUNTY
wi11 consider renewing this Franchise, at the written request of FRANCHISEE, for an
additional fifteen (15) year renewal period at any time within two (2�years before the end
of the Franchise's original fifteen (15) year term, unless either party expresses its
intention in writing to terminate this Franchise at the conclusion of the original fifteen
(15) year term. Renewal must be requested no less than six months before expiration of
this Franchise.
Section 4.Assignment and Transfer of Franchise.
4.1 This Franchise shall not be leased, assigned or otherwise alienated without the
express consent of the COUNTY by ordinance and/or resolution and/or order, which
approval sha11 not be unreasonably withheld.
4.2 No transfer shall be approved unless the assignee or transferee has at least the
legal, technical, financial, and other requisite qualifications to carry on the activities of
the FRANCHISEE.
4.3 Any transfer or assignment of this Franchise without the prior written consent of
the COUNTY shall be void and result in ravocation of the Franchise.
Section 5. Compliance with Laws and Standards.
5.1 FRANCHISEE shall, in carrying out any authorized activities under the privileges
granted herein, comply with all valid and applicable local, state and federal laws,
including,but not limited to, environmental laws, and any laws or regulations that may be
subsequently enacted by any governmental entity with jurisdiction over Company and/or
the Facilities concerning rights created under this Franchise,
Section 6. Construction and Maintenance.
6.1 All pipeline Construction, Maintenance or Operation undertalcen by
FRANCHISEE, upon FRANCHISEE's direction or on FRANCHISEE's behalf shall be
completed in a workmanlike manner,
6.2 Except in the case of an emergency, prior to commencing any Construction and/or
Maintenance work in the Franchise Area, the FRANCHISEE shall first file with the
COUNTY such detailed plans, specifications and profiles of the intended worlc as may be
required by the COUNTY. The COUNTY may require such additional information, plans
and/or specifications as are in COUNTY's opinion necessary to protect the public health
and safety during the Construction and/or Maintenance work and for the remaining term
to ofthis Franchise.
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6.3 All Construction and/or Maintenance worlc shall be performed in conformity with
the plans, maps and specifications filed with the COUNTY, except in instances in which
deviation may be allowed thereafter in writing pursuant to an application by the
FRANCHISEE.
6.4 All pipe and other components of any Facilities used in Construction and/or
Maintenance activities within the Franchise Area shall com ly with a�plicable federal
regulations, as from time to time amended.
6.5 Except in the event of an emergency, FRANCHISEE shall provide the COUNTY
at least ten (10) calendar days written notice prior to any Construction and/or
Maintenance, or other substantial activity, other than routine inspections and
maintenance, by FRANCHISEE, its agents, employees or contractors on FRANCHISEE
's pipeline(s) or Facilities within the Franchise Area.
6.6 Any and all work performed FRANCHISEE shall only commence upon the
issuance of applicable permits by the COUNTY, which permits shall not be unreasonably
withheld or delayed. However, in the event of an emergency requiring immediate action
by FRANCHISEE for the protection of the pipeline(s) or Facilities, the COUNTY's
property or other persons or property, FRANCHISEE may proceed without first
obtaining the normally required permits. In such event FRANCHISEE must (1) take all
necessary and prudent steps to protect, support, and keep safe from harm its pipeline(s)
and/or Facilities, or any part thereof; COUNTY's property; or other persons or property,
and to protect the public health and safety; and (2) as soon as possible thereafter, must
obtain the required permits and comply with any mitigation requirements or other
conditions in the after-the-fact permit.
6.7 Unless such condition or regulation is in conflict with a federal requirement, the
COUNTY may condition the granting of any permit or other approval that is required
under this Franchise, in any manner reasonably necessary for the safe use and
management of the public right-of-way or the COUNTY's property including, by way of
example and not limitation, bonding, maintaining proper distance from other utilities,
protecting the continuity of pedestrian and vehicular traffic and protecting any Rights-of-
Way improvements, private facilities and public safety.
6.8 Whenever necessary, after Constructing or Maintaining any of FRANCHISEE's
pipeline(s) or Facilities within the Franchise Area, the FRANCHISEE shall, without
delay, and at FRANCHISEE's sole expense, remove all debris and restore the surface as
nearly as possible to as good or better condition as it was in before the work began.
FRANCHISEE shall replace any property corner monuments, survey reference or hubs
that were disturbed or destroyed during FRANCHISEE's work in the areas covered by
this Franchise. Such restoration shall be done in a manner consistent with applicable
codes and laws, under the supervision of the COUNTY and to the COUNTY's
satisfaction and specifications. The restoration shall be done under a bond in an amount
appropriate to guarantee adequate restoration.
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6.9 FRANCHISEE shall continuously be a member of the State of Washington one
number locator service under RCW 19.122 et seq, or an approved equivalent, and shall
comply with all such applicable rules and regulations at set forth in RCW 19,122, et seq.
FRANCHISEE shall provide reasonable notice to the COUNTY prior to commencing
any Maintenance or Construction under this Franchise and additionally to those owners
or other persons in control of property in the Franchise Area when the Maintenance or
Construction will affect access or otherwise impact the property.
6.10 Markers demarcating the pipeline's location shall be placed on the surFace in
compliance with 49 C.F.R. § 195.410, to wit:
6.10.1 Marlcers must be located at each ��ublic road crassing, �t each railroad
crossing, anc� in sufficient n�rinber along the remai�lder of each buried line
so that its location is accur�tely kixowzi.
6.10.2 The lnarker tn��st state �i least tl�e follawin� an � b�ckground oi' shacply
contrasting color•:
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words "Natural Gas Pipeline," all of which, excel�t for marlccrs ir�
heavily cleveloped Lzrban areas, must l�e in letters �t least 1 inch (25
mi1.1.i7��cters) high w.itla an approxi►iaate stt•ol<e oi' 1/4-i��ch (6.4
m'rllitnete�s).
(ii) The na�ne of the operator and a telephoile nui7iber (including uea
cod.e) wherc the oper.ator c��n be reacheci at all.times,
6.10.3 Line marke�•s are not requirecl L'c>r burieci pipe.lir�es located:
(i) nffshore ar at crossin�s of or under wate�ways and other bodies of
water; or
(i.i) In heavi.ly clevelaped urball are�s sue:h as dawtltown business
centers whe��e (a) the place�nent aP m��°kers is iznpractical and
wou:fd riot serve th.e purpose :Par which marlce�s are i.nte��cCed; nncl
(b)the local �overnment m�ii7tains current substructure records.
C.10.4 Each operato�� shall provide line m.arl<ing at lac�tions where the l.ine is
above g��ound ii� areas that are accessible to the publ.ic.
6.11 Except in the case of an emergency,prior to commencing any Construction and/or
Maintenance work in the Franchise Area, the Grantee shall first file with the Grantor such
detailed plans, specifications and profiles of the intended work as may be required by the
Grantor. Grantor may require such additional information, plans and/or specifications as
are in Grantor's opinion necessary to protect the public health and safety during the
Construction and/or Maintenance work and for the remaining term of this Franchise.
When the COUNTY or third parties are engaged in work in the Pipeline Corridor, or
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within fifty (50) feet of the Pipeline Corridor, FRANCHISEE shall promptly respond to
requests to locate the precise position of its Facilities. If the project is a COUNTY
project, FRANCHISEE shall bear any costs associated with locating its Facilities.
6.12 FRANCHISEE shall also provide COLTNTY maintenance crews with detailed
information and/or maps and/or illustrations of the location of pipeline infrastructure
which may be situated on or near a COUNTY right of way, on or near crossin�locations,
and/or where such pipeline runs parallel to COUNTY right-of-ways or in close proximity
to a COUNTY right-of-way. PROVIDED: It is not anticipated that such detailed
information and/or maps and/or illustrations shall include "as-built" design drawings, but
shall include pipe size, approximate pipe depths, and the valve site situated at the East
Low Canal.
6.13 Nothing in this Franchise shall be deemed to impose any duty or obligation upon
the COUNTY to determine the adequacy or sufficiency of information and/or maps
and/or illustrations provided by the FRANCHISEE at set forth in Section 6.12, or to
ascertain whether FRANCHISEE's proposed or actual construction, testing, maintenance,
repairs, replacement or removal is adequate or sufficient or in conformance with any
information and/or maps and/or illustrations provided to the COUNTY,
6.14 FRANCHISEE shall be solely and completely responsible for workplace safety
and safe working practices on its job sites within the Franchise area, including safety of
all persons and property during the performance of any work.
Section 7. Operations, Maintenance, Inspection, Testin�.
7.1 FRANCHISEE shall operate, maintain, inspect and test its pipeline(s) and
Facilities in the Franchise Area in full compliance with the applicable provisions of all
federal, state and local laws, regulations and standards, as now enacted or hereafter
amended, and any other future laws or regulations that ase applicable to FRANCHISEE's
pipeline(s) and Facilities,products and business operations.
Section 8. Encroachment Mana.e� ment.
8.1 FRANCHISEE shall maintain a written program to prevent damage to its
Facilities from excavation activities, as required by applicable state and federal
guidelines.
8.2 FRANCHISEE and the COUNTY shall comply with applicable and valid federal,
state and local requirements regarding encroachment management, including
RCW 19.122 (one-call system).
8.3 Upon the COiJNTY's reasonable request, in connection with the design of any
COUNTY public works project, FRANCHISEE will verify the exact location of its
underground Facilities within any Pipeline Corridor by excavating (pot holing) at no
expense to the COUNTY. In the event FRANCHISEE performs such excavation, the
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COUNTY shall not require any restoration of the disturbed area in excess of restoration
to the same condition as existed immediately prior to the excavation.
Section 9.Leaks, Spills, Ruptures and Emer e�ncv Response.
9,1 FRANCHISEE shall have in place, at al1 times during the term of this Franchise, a
system for remotely monitoring pressures and flows across the Franchise Area. The
remote monitoring must be able to accurately detect pipeline ruptures.
9.2 During the term of this Franchise, FRANCHISEE shall have a written emergency �
response plan and procedure for locating leaks, and ruptures and for shutting down valves �
as rapidly as possible. At all times material herein, such emergency response plan and
procedure shall comply with all requirements as set forth by the United States
Department of Pipeline and Hazardous Materials Safety Administration ("PHMSA"). '
9.3 FRANCHISEE's emergency plans and procedures shall designate
FRANCHISEE's responsible local emergency response officials and a direct 24-hour
emergency contact number for control center operator. FRANCHISEE shall, after being
notified of an emergency, cooperate with the COUNTY and make every effort to respond
as soon as possible to protect the public's health, safety and walfare.
9.4 In the event the COUNTY, a special district and/or a state agency is required to
respond to any rupture, or leak from FRANCHISEE's pipeline(s) and/or Facilities,
including, but not limited to, detection and removal of any contaminants from air, earth
or water, FRANCHISEE shall be solely responsible for all necessary costs incurred by
the COLTNTY, the special district and/or the state agency. This section shall not limit
FRANCHISEE's rights or causes of action against any third party or parties who may be
responsible for a leak, other release of hazardous substance from FRANCHISEE's
pipeline, including such third palty's insurers.
9.5 At all times matarial herein, FRANCHISEE shall provida adequate protection
against risks to life and property posed by pipeline transportation and pipeline facilities,
and further comply with guidelines and requirements set forth by the PHMSA, including,
but not limited to, all provisions set forth in 49 U.S.0 §§ 60101 —6030. ,
9.6 If requested by the COUNTY in writing, FRANCHISEE shall provide a written '
summary of any event requiring the participation of PHMSA, including, but not limited
to, the leak, or rupture's date, time, amount, location, response, remediation and other
agencies FRANCHISEE has notified.
9.7 In the event of an uncontained leak, spill or rupture from FRANCHISEE's
pipeline(s) and/or Facilities affecting the Franchise Area of ten (10) barrels or more,
where the cause is not reasonably apparent, and where federal or state regulators do not
investigate, the COUNTY may demand that the occurrence be investigated by an
independent pipeline consultant selected by the COUNTY. The FRANCHISEE shall be
solely responsible for paying all of the consultant's costs and expenses incurred in
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investigating the occurrence and reporting the findings. In cases where federal or state
regulators do perform an investigation, FRANCHISEE agrees to share the results of that
investigation with the COUNTY within sixty(60) days.
Section 10. Relocation.
10.1 In the event that the COUNTY undertakes or approves the construction of or
changes to the grade or location of any water, sewer or storm drainage line, street,
sidewalk or other COUNTY improvement project or any governmental agency or any
person or entity acting in a governmental capacity, or on the b�half of, under the
authority of, or at the request of the COLTNTY or any other governmental agency,
undertakes any improvement project and the COLTNTY determines that the project might
reasonably require the relocation of FRANCHISEE's Facilities, the COUNTY sha11
provide the FRANCHISEE at least ninety (90) calendar days prior written notice or such
additional time as may reasonably be iequired, of such project requiring relocation of
FRANCHISEE's pipeline(s) and/or Facilities.
10,2 The COUNTY shall provide FRANCHISEE with copies of pertinent portions of
the plans and specifications for the improvement project. Upon request, FRANCHISEE
shall, at its cost and expense, determine and identify for the COUNTY the exact location
of its pipeline(s) and Facilities potentially affected by the improvement project.
10,3 FRANCHISEE may, after receipt of written notice requesting a relocation of its
Facilities, submit to the COUNTY written alternatives to the relocation within forty five
(45) calendar days of receiving the plans and specifications. The COLTNTY shall evaluate
the alternatives and advise FRANCHISEE in writing if one or more of the alternatives is
suitable to accommodate the work that would otherwise necessitate relocation of the
Facilities. If requested by the COUNTY, FRANCHISEE shall submit additional
information to assist the COUNTY in making the evaluation. The COUNTY shall give
each alternative proposed by FRANCHISEE full and fair consideration but retains full
discretion to decide for itsel�whether to utilize its original plan or an alternative proposed
by FRANCHISEE. In the event the COUNTY ultimately determines that there is no other
reasonable alternative, FRANCHISEE shall relocate its Facilities as proposed by the
COUNTY.
10.4 If any improvement project under this section is required in the interest of public
health, safety, welfare, necessity or convenience, as adjudged in the sole discretion of the
COUNTY, the FRANCHISEE shall make such changes as required herein at
FRANCHISEE's sole cost, expense and risk.
10.5 The COUNTY shall work cooperatively with FRANCHISEE in determining a
viable and practical route within which FRANCHISEE may relocate its Facilities, in
order to minimize costs while meeting the COUNTY's project objectives,
10.6 FRANCHISEE shall complete relocation of its Facilities so as to accommodate
any improvement project within 90 calendar days of being advised by the COUNTY that
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relocation is required as set forth in Section 10.3, In the event the COUNTY does not
provide a final notice under Section 10,3 because FRANCHISEE fails to submit written
alternatives to relocation within 45 days of receiving plans and specifications,
FRANCHISEE shall complete relocation of its Facilities so as to accommodate the
improvement project within 45 calendar days of expiration of the 45 calendar day period
set foY•th in Section 10.3, or at such other time as may be mutually agreed by the pat�ties in
writing.
Section 11. Removal, Abandonment in Place.
111 In the event of FRANCHISEE's permanent cessation of use of its pipeline(s)
and/or Facilities, or any portion thereof, within the Franchise Area, the FRANCHISEE
shall, within one hundred and eighty days (180) after the cessation of use, remove the
pipeline, Facilities or any portion thereof.
11.2 In the event of the removal of all or a portion of the pipeline(s) or Facilities,
FRANCHISEE shall restore the Franchise Area to as good or better condition as it was in
before the work began.
11,3 Removal and restoration work shall be done at FRANCHISEE's sole cost and
expense and to COUNTY's reasonable satisfaction. FRANCHISEE shall be responsible
for any environmental review required for the removal of any pipeline(s) and/or Facility
and the payment of any costs of the environmental review.
11,4 If FRANCHISEE is required to remove its pipeline(s) and/or Facilities and fails to
do so and/or fails to adequately restore the Franchise Area or other mutually agreed upon
action(s), the COUNTY may, after reasonable notice to FRANCHISEE, remove the
pipeline(s) and/or Facilities, restore the premises and/or take other action as is reasonably
necessary at FRANCHISEE's expense. This zemedy shall not be deemed to be exclusive
and shall not prevent the COUNTY from seelcing a judicial order directing that the
Facilities be removed.
11.5 With the express written consent of the COLTNTY, the FRANCHISEE may purge
its pipeline(s) and Facilities, as directed by the COUNTY, and abandon them in place.
FRANCHISEE shall be responsible for any environmental review required for the
abandonment of any pipeline(s) and/or Facilities and the payment of any costs of such
environmental review. The COUNTY's consent to the abandonment of Facilities in place
shall not relieve the FRANCHISEE of the obligation and/or costs to remove or to alter
such Facilities in the future in the event it is reasonably determined that removal or
alterations is necessary or advisable for the health and safety of the public, in which case
the FRANCHISEE shall perform such work at no cost to the COUNTY. The parties
expressly agree that this provision of this Section shall survive the expiration, revocation
or termination of this Franchise.
Section 12. Violations, Remedies and Termination.
1338448 10/07,/2014 02:45 PM FRANC
Order and Resolution Granting Franchise- 10 ��g� 16 af 24 R 0 Gran4, Cn, WA
Civi18�BOCC�2013\OrdandRes9-3-14 GRANT COUNTY COMMYSSIONERS
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12,1 In addition to any rights set out elsewhere in this Franchise, or other rights it may
possess at law or equity, the COUNTY reserves the right to apply any of the following
remedies, alone or in combination, in the event FRANCHISEE violates any material
provision of this Franchise. The remedies provided for in this Franchise are cumulative
and not exclusive; the exercise of one remedy shall not prevent the exercise of another, or
any rights of the COUNTY at law or equity.
12,2 The COUNTY may also terminate this Franchise if FRANCHISEE materially
breaches or otherwise fails to perform, comply with or otherwise observe any of the
terms and conditions of this franchise, or fails to maintain all required licenses and
approvals from federal, state, and local jurisdictions, and fails to cure such breach or
default within thirty (30) calendar days of the COUNTY's providing FR�NCHISEE
written notice thereof, or, if not reasonably capable of being cured within thirty (30)
calendar days, within such other reasonable period of time as the parties may agree upon.
12.3 This Franchise shall not be terminated until reasonable notice to FRANCHISEE
and the FRANCHISEE has an opportunity to be heard, provided that if exigent
circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
12.4 In the event of termination under this franchise, FRANCHISEE shall immediately
discontinue operation of the pipeline through the Franchise Area. Either party may in
such case invoke the dispute resolution provisions herein. Alternatively, the COUNTY
may elect to seek relief directly in Superior Court, in which case the dispute resolution
requirements shall not be applicable in this limited situation. Once the FRANCHISEE's
rights to Operate in the Franchise Area have terminated, FRANCHISEE shall comply
with Franchise provision regarding removal and/or abandonment of Facilities,
12,5 The COUNTY's failure to axercise a particular remedy at any time shall not waive
the COUNTY's right to terminate, assess penalties, or assert that or any other remedy at
law or equity for any future breach or default of FRANCHISEE,
12.6 Termination of this franchise shall not release FRANCHISEE from any liability
or obligation with respect to any matter occurring prior to such termination, nor shall
such termination release the FRANCHISEE from any obligation to remove or secure the
pipeline pursuant to this Franchise and to restore the Franchise Area.
12,7 The parties acknowledge that the covenants set forth herein are essential to this
Franchise, and, but for the mutual agreements of the parties to comply with such
covenants, the parties would not have entered into this Franchise. The parties further
a�lcnowl�dge th�t the�m�y not have ar� �deq��tie r�medy�t l�� if the othe�party violates
such covenant. Therefore, the parties shall have the right, in additinn to any other rights
they may have, to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach or otherwise to specifically enforce any of the
covenants contained herein should the othar party fail to perform them.
13�8448 1�/01/2014 02:45 PM FRANC
Order and Resolution Granting Franchise- 11 page 17 pf 24 R m Grant Co, WA
c;��is�BOCC�zots�ora�naRes�-s-ia GRANT GOUNTY COMMZSSxQNERS
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Section 13. Dis�ute Resolution.
13.1 In the event of a dispute between the COUNTY and the FRANCHISEE arising by
reason of this Franchise, or any obligation hereunder, the dispute shall first be referred to
the representatives designated by the COLTNTY and the FRANCHISEE to have oversight
over the administration of this Franchise. Said officers or representatives shall meet
within thirty (30) calendar days of either party's request for said meeting, and the parties
s a ma ce a goo ait e ort to attempt to achieve a resolution of the dispute.
13.2 In the event that the parties are unable to resolve the dispute under the procedure
set forth in Section 13.1, then the parties hereby agree that the matter shall be referred to
mediation. If the parties are unable to agree on a mediator, the parties shall each secure
the services of a mediator, who will in turn work together to mutually agree upon a third
rnediator, and the three mediators will serve as a mediation panel to assist the parties in
resolving their differences. Any expenses incidental to mediation shall be borne equally
by the parties.
13.3 If either party is dissatisfied with the outcome of the mediation, that party may
then pursue any available judicial remedies, provided, that if the party seeking judicial
redress does not substantially prevail in the judicial action, it shall pay the other party's
reasonable legal fees and costs incurred in the judicial action. It is agreed that Grant
County, Washington shall be the venue for any judicial action arising out of this
Franchise.
13.4 Subject to state and federal regulation, the Company shall be permitted to
continuously operate its Facilities during dispute resolution.
Section 14. Indemnification.
14.1 General Indemnification. FRANCHISEE shall indemnify, defend and hold
harmless the COUNTY from any and all liability, loss, damage, cost, expense, and claim
of any kind, including reasonable attorneys' and experts' fees incurred by the COUNTY
, in defense thereof, arising out of or related to, directly or indirectly, the installation,
construction, operation, use, location, testin�, repair, maintenance, removal, or
abandonment of FRANCHISEE's pipeline(s) and/or Facilities, or from the existence of
FRANCHISEE's pipeline and other appurtenant Facilities, and the products contained in,
transferred through, released or escaped from said pipeline and appurtenant Facilities,
including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising
under any environmental laws. If any action or proceeding is brought against the
COUNTY by reason of the pipeline(s) or its appurtenant Facilities, FRANCHISEE shall
defend the COUNTY at the FRANCHISEE's complete expense, provided that, for
uninsured actions or proceedings, defense attorneys sha11 be approved by the COUNTY,
which approval shall not be unreasonably withheld. This indemnity provision is not
intended to indemnify the COUNTY from the negligence of COUNTY's own employees,
officers or agents.
1338448 �0/01/2�14 �2:45 PM FRANC
Order and Resolution Granting Franchise- 12 Paq�e l8 af 24 R 0 Grant Co, WA
CivilB\BOCC�2013\OrdandRes9-3-14 GR NT COUNTY COMMISSTQNERS
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14,2 Environmental Indemnification. FRANCHISEE sha11 indemnify, defend and save
the COUNTY harmless from and against any and all liability, loss, damage, expense,
actions and claims, either at law or in equity, including, but not limited to, costs and
reasonable attorneys' and experts' fees incurred by the COUNTY in defense thereof,
arising directly or indirectly from (a) FRANCHISEE's breach of any environmental laws
applicable to the pipeline or (b) from any release of a hazardous substance on or from the
pipeline. This indemnity includes but is not limited to (a) liability for a governmental
agency's costs of removal or remedial action for hazardous substances; (b) damages to
natural resources caused by hazardous substances, including the reasonable costs of
assessing such damages; (c) liability for any other person's costs of responding to �
hazardous substances; (d) liability for any costs of investigation, abatement, correction,
cleanup, fines, penalties, or other damages arising under any environmental laws; and (e)
liability for personal injury, property damage, or economic loss arising under any
statutory or common-law theory. This indemnity provision is not intended to indemnify
the COUNTY from the negligence of COUNTY's own employees, officers or agents, ,
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Section 15. Insurance. ;
15,1 During the term of this Franchise, FRANCHISEE agrees to self-insure or ,
otherwise carry as a minirnum, the following insurance, in such forms and with such i
carriers as is satisfactory to the COUNTY;
'�
(a) Workers compensation and employer's liability insurance in amounts snfficient '�
pursuant to the laws of the State of Washington; '�
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I (b) Commercial general liability insurance,_—with combined single limits of liability �
not less than $5,000,000 per occurrence and in the aggregate for bodily injury, including
personal injury or death, products liability, contractual coverage, operations, explosion, I
collapse, sudden or accidental pollution, underground and property damage and any
claims or losses under this Section; and
(c) Automobile liability insurance with combined single limits of liability not less �
than $2,000,000 for bodily injury, including personal injury or death and property j
damage. '
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15.2 The comprehensive general liability insurance and automobile liability insurance �
policies shall be endorsed to contain the following provisions: ;
�
(a) The COUNTY shall be named as additional insured; such insurance shall apply to !
the COUNTY's officers, elected officials and employees, representatives, consultants, or
volunteers, while acting on behalf of the COUNTY and resulting from the
FRANCHISEE's operations.
(b) Coverage shall apply separately to each insured against whom claim is made or I
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suit is brought, except with respect to the limits of the insurer's liability;
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Order and Resolution Grantin Franchise- 13 p�ge$�98af 4����'����a �2°�5 PM �Rqry�
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(c) Coverage shall not be suspended, canceled, modified or reduced except after
thirty (30) days prior written notice to the COUNTY delivered by certified mail, return
receipt requested; and
(d) Coverage shall be primary as to the COUNTY, its officers, officials, employees,
representatives, consultants, or volunteers. Any insurance or self-insurance by the
COUNTY, its officers, officials, employees or volunteers shall be in excess of the
FRANCHISEE's required insurance as a result of the FRANCHISEE's negligence.
15.3 The FRANCHTSEE shall furnish the COUNTY with certificates of insurance and
original endorsements, and/or a letter of adequate self-insurance reasonably satisfactory
to COLTNTY, evidencing the coverage required by this section upon acceptance of this
Franchise.
15,4 The indemnity and insurance provisions herein under sections 14 and 15 of this
Franchise shall survive the termination of this Franchise and shall continue for as long as
the FRANCHISEE's Facilities shall remain in or on the Franchise Area or until the
parties execute a new Franchise agreement that modifies or terminates these indemnity or
insurance provisions.
Section 16. Receivershi� and Foreclosure.
16,1 FRANCHISEE shall immediately notify the COUNTY in writing if it: files a
voluntary petition in bankruptcy, a voluntary petition to reorganize its business, or a
voluntary petition to effect a plan or other arrangement with creditors; files an answer
admitting the jurisdiction of the Court and the material allegations of an involuntary
petition filed pursuant to the Bankruptcy Code, as amended; or is adjudicated bankrupt,
makes an assignment for the benefit of creditors, or applies for or consents to the
appointment of any receiver or trustee of all or any part of its property including all or I
any parts of its business operations, pipeline(s) or Facilities within or affecting the �
Franchise Area. '
16,2 Upon the foreclosure or other judicial sale of all or a substantial part of ;
FRANCHISEE's business operations, pipeline(s) or Facilities within or affecting the
Franchise Area, or upon the termination of any lease covering all or a substantial part of
the pipeline(s) or Facilities within or affecting the Franchise Area, or upon the occasion i
of additional events which effectively cause termination of FRANCHISEE's rights or �
ability to operate the pipeline(s) or Facilities within or affecting the Franchise Area, j
FRANCHISEE shall notify the COUNTY of such fact, and such notification or the �
occurrence of such terminating events shall be treated as a notification that a change in
control of the FRANCHISEE has taken place, and the provisions of this Franchise i
Agreement governing the consent of the COUNTY to such change in control of the i
FRANCHISEE shall apply. ��
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Section 17.Franchise Fee and Costs. �
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13384a8 10/01/20�.4 02c45 PM FRANC I
Order and Resolution Granting Franchise- 14 p�gQ �� °f z4 R 0 Grant Co, WA I
GRAN7 COUNTY COMMISSIONERS
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17,1 In consideration for granting this Franchise and for the use of the Franchise Area,
there is hereby established an annual fee equal to One Thousand Dollars and No Cents
($1,000.00). The first payment shall be paid at the time FRANCHISEE accepts this
Franchise and shall cover the next twelve (12) months. Each succeeding payment shall
cover the next twelve (12) month period and shall be paid not later than the anniversary
date of the Effective Date of this Franchise.
Section 18. Legal Relations.
18,1 Nothing contained in this Franchise shall be construed to create an association,
trust, partnership, agency relationship, or joint venture or to impose a trust, partnership,
or agency duty, obligation or liability on or with regard to any party. Each party shall be
individually and severally liable for its own duties, obligations, and liabilities under this
Franchise.
18,2 FRANCHISEE accepts any privileges granted by the COLTNTY to the Franchise
Area, public Rights-of-Way and other Public Property in an "as is" condition.
FRANCHISEE agrees that the COUNTY has never made any representations, implied or
express warranties or guarantees as to the suitability, security or safety of
FRANCHISEE's location of facilities or the facilities themselves in public property or
rights of way or possible hazards or dangers arising�rom other uses of the public rights of
way or other public property by the COUNTY or the general public. FRANCHISEE shall
remain solely and separately liable for the function, testing, maintenance, replacement
and/or repair of the pipeline or other activities permitted under this Franchise.
18,3 FRANCHISEE waives immunity under Title 51 RCW in any cases involving the
COUNTY and affirms that the COUNTY and FRANCHISEE have specifically
negotiated this provision, to the extent it may apply.
18.4 This Franchise shall not create any duty of the COUNTY or any of its officials,
employees or agents and no liability shall arise from any action or failure to act by the
COUNTY or any of its officials, employees or agents in the exercise of powers reserved
to the COUNTY. Further, this resolution and order is not intended to acknowledge,
create, imply or expand any duty or liability of the COUNTY with respect to any function
in the exercise of its police power or for any other purpose. Any duty that may be deemed '
to be created in the COUNTY shall be deemed a duty to the general public and not to any
specific party, group or entity.
� 18S This Franchise shall be governed by, and construed in accordance with;the laws
of the State of Washington and the parties agree that in any action, except actions based . �
on federal questions, venue shall lie exclusively in Grant County, Washington. �
Section 19: Miscellaneous.
19.1 In the event that a court or agency of competent jurisdiction declares a material j
provision o�this Franchise Agreement to be invalid, illegal or unenforceable, the parties ,�
�
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Order and Resolution Granting Franchise- 15 page 21 af 24 R 0 Grant Ca, Wq �
GRANT CQUNTY COMMISSIONERS
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shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate actions so as to
give effect to the intentions of the parties as reflected herein. If severance from this
Franchise Agreement of the particular provision(s) determined to be invalid, illegal or
unenforceable will fundamentally impair the value of this Franchise Agreement, either
party may apply to a court of competent jurisdiction to reform or reconstitute the
Franchise Agreement so as to recapture the original intent of said particular provision(s).
ot er provisions o t e ranc ise s a remain in effect at all times during which
negotiations or a judicial action remains pending.
19,2 Whenever this Franchise sets forth a time for any act to be performed, such time
shall be deemed to be of the essence, and any failure to perform within the allotted time
may be considered a material violation of this Franchise.
19,3 In the event that FRANCHISEE is prevented or delayed in the performance of
any of its obligations under this Franchise by reason(s) beyond the reasonable control of
FRANCHISEE, then FRANCHISEE's performance shall be excused during the Force
Majeure occurrence. Upon removal or termination of the Force Majeure occurrence the
FRANCHISEE shall promptly perform the affected obligations in an orderly and
expedited manner under this Franchise or procure a substitute for such obligation or
performance that is satisfactory to the COUNTY. FRANCHISEE shall not be excused by
mere economic hardship nor by misfeasance or malfeasance of its directors, officers or
employees.
19,4 The Section headings in this Franchise are for convenience only, and do not
purport to and shall not be deemed to define, limit, or extend the scope or intent of the
Section to which they pertain.
19.5 By entering into this Franchise, the parties expressly do not intend to create any
obligation or liability, or promise any performance to, any third paity, nor have the
parties created for any third party any right to enforce this Franchise.
19.6 This Franchise and all of the terms and provisions shall be binding upon and inure
to the benefit of the respective successors and assignees of the parties.
19.7 Whenever this Franchise calls for notice to or notification by any party, the same
(unless otherwise specifically provided) shall be in writing and directed to the recipient at
the address set forth in this Section, unless written notice of change of address is provided
to the other party. If the date for making any payment or performing any act is a legal
holiday, payment may be made or the act performed on the next succeeding business day
which is not a legal holiday.
Notices shall be directed to the parties as follows:
1338448 10/0�/2A14 02:45 PM FRANC
Order and Resolution Granting Franchise- 16 page 22 of 24 R 0 Grant Co, WA
Civi18\HOCC�2013\OrdandRes9-3-14 GRANT CQUNTY COMMISSIONERS
I I��I�I�III�II�IA IIIII IIAI�IIII�I All�I�I IIA I�IAllll I�II IIIA IIAII�AIIA IIII��I�I�I I�Allll Iwl I�II �
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To the COUNTY:
Board of County Commissioners
PO Box 37
Ephrata WA 98823
To FRANCHISEE:
Mike Clapp
Region Director
200 North Union
Kennewick, WA 99336
19.8 The parties each represent and warrant that they have full authority to enter into
and to perform this Franchise, that they are not in default or violation of any permit,
license, or similar requirement necessary to carry out the terms hereof, and that no further
approval, permit, license, certification, or action by a governmental authority is required
to execute and perform this Franchise, except such as may be routinely required and
obtained in the ordinary course of business.
19.9 This Franchise Agreement and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject matter and it
supersedes all prior oral negotiations between the parties. This Franchise Agreement can
be amended, supplemented, modified or changed only by an agreement in writing which
makes specific reference to the Franchise Agreement or the appropriate attachment and
which is signed by the party against whom enforcement of any such amendrnent,
supplement, modification or change is sought.
19.10 The Effective Date of this Franchise shall be the�� day of �
20�, after passage and approval of this Resolution and Order as provided by law, and
provided it has been duly accepted by FRANCHISEE as herein above provided.
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Page 23 of 24 R 0 Grant Ca, WA �
Order and Resolution Granting Franchise- 17 CaANT COUNTY COMMISSIONERS
Civi18\BOCC\2013\Ord and Res 9-3-14 I I�Illlw III All�l�IIIA�IIII�IIIII IIIII�III II�IIIA I�AIAI I�II II A IIII t�ll�IIII�I�IAI�III�IIIII IA�I II�I ��
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APPROVED}�Y THB Bt�ATtD t1��s_��J"�day ot'�� �,2012.
BO�RI�Q�COUNTY GOXViCMISSIQNCRS
�J�GRAi�T CQUNT�,WASH[N�TC7T�T i
, �
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Caral�tn�Y Swa�tz, Chair '
��C".,�S�� ;
R Steveixs, ic� ha� � �
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,�'_ Cit�dy Carke ,Ntemiaer
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�1��ONDlTIIC7NAL AC TPT,�NCE
BY FRANCI3TS�L�: �
I, lli� �uz�dersig�ec� official af Cascade Natural Gas Ct�i�or�tio;n, atn a�,tthar�.zec1 to bix�d
Cascade Natuz�al Gas Corporat�on �.nd to uncot�diti�xxa�ly�ccept tkte terms ancl ca�ditions
of t�ie for�goiz�g Franc�use I��so�ution ��.d Uxder wk�i�h are lt�reby acc��t�d tiy the
���cad�Natural Gas Corporati�n this ti�iy af ,24_.._.,
1�'RA.NCH�.�B�°�" �M�,w W� •�
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Su�isc�il�ed a�d swarn to beta��e�e this day of ,2b , ,
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Page 24 of 24 R 0 Granti Co, WA
GRANT COUNTY CdMMISSIQNERS
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Return to:
Name: ,
Address �� �� �
City, State: �
Document Title� ���`..,-(�l�..lZ_ �.'�I'�-�`�i4h�� (�x�����vt.l C.��P c S( � /�C�; ���v�7�z�
Reference Number: + �° � � � � ��� G-�°°
(Reference Number only required on Satisfaction of Mortgages and/or Deed of Trusts; Release of Liens and Assignment of
Mortgages and/or Deed of Trusts)
Grantor(s): �,�, F�°°" �
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Legal Description (lot, block and plat name or section, township &range.):
Assessor's Property Parcel Number:
1.
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3.
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 provide hereon. ,
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�:ei°tain Cr�unty ra��s izx C�ra�t CrI,unty,Waslain�to described as fbll�v�s:
� �,� U�,L�J G�..��•�l.�.-~.�-v 1" U V"�n ` CJ �°c. ��
's Sai�fr�zchise tc��e�'ox a�e�ioc3 a�`�fry(SO)y��xs fiox�a t�ae dat:e o�°�;ranti��the sa�ne;��ti it�ppearira�;
; tr� t}ie�3oard af Cbz�n ty Comznissio�aers t�aat due and pxapea-notir.e of the tizne and plae�o�'tlae he�g
nf saic]�pplicalian h�s�ir�e��a 1s prc�r�decl by statute,and it fu�-tl7er a�pearing th�t na objections ta the
i gt'a�tin�o£said�C'araclxisu��applied fox Ixave be�n eith�r filed cax°he�•d�Sy t�aas�34�xrd;�ncT th�k3oard
? l�ei3lg full��dv�sed 'rxa the pren�ises<�z��cieezriing ii:for t}xe��.a�lic inte�est to grant said�"ranalai��;nov�r
tY�e�-efor�.
�'�`T�H�12�13'�'oz°de�°ed tlaat �°����:�'°��� ,���'��f�'(_.. `��.(.ii'A" �
(applicaz�t} �
theix sucn�ssors�nc�assa�;ns,he,ar.acl th�y h�ret>y�re,�r�t�d the right,povver,�arivilege anr�au�k►qz�ty,
for i;he period a£"�i�ty(50),�e�rs�'x�arn the date hereaf;ta enter upon,aonstruct,opex�ake,azid�nnaintain I
(pipelinc:or at}�r:z�f�ci�ity,as requiz°ed} (pa��allel tn,u�.der,aarass,as rer�ui�•ed) !
�'���5 �f 3 �
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1338448 10/P1�/20�4 02:45 pM FRANC ;
page 2 of 24 R 0 Grant, Ca, WA i
GRANT COUN?Y COMMIS520NERS
I II�III)III�IIII�II�I IIIII�IIIII�I�I�I�III)I�IIII I��I IIII IIIII��II�I�II�II I�I�II I�IIII I��I I�I I
I
ce��lain�'ounty xr��rl(s}an Gz•ant Couz�,ty,Washin.�;torr,as z�eferenced in s�icl applicatian and�otices,and
as p�rticulaz•ly ciesaz�iY�ecl�xbov�,subjeat to t1�e fol�r�wing conciitians:
l. Th� �'ra�chise shG�l1 t�zxninate within one�ear fram the date nf�sst�e,uzaless the Ciz��t�tee
furnist�es a oe;r�.ificatc;of oan�piet�o��tn t�a�Directar o��'ublic Warks�witlai�r�z�e ycar from th�
da�e c�f'aa�y p�.�-mits issiied�ursuant ta the frazachiss.
. ze
f����i��.t) __..� �_.______._.
hereinafter�e#'errec�ta as the ap�Zican�,their suc�essars aryd assig�s,a�ree fo hold the Caunty af
Crant,Sta�e a��'�Iashaaagton,harrrlless anri f�ee f�e�xrr any an<i atl dazr�a�;es,casts,azad expenses,
inclurlir��;indemni.ty#or xny settleax�ents ar jud��an��i�,defens�casts,an�attoxney's fees,causet�
in w}gole or in�aart�y the coz�snvctian,z�aainten�r�ce,or ape�at�ar�af tlle£acility ca�exed by t�ai�
franc��is�i�cS�az�iri��ut�ot limiteci t�a a�1 under�•autad faoalitzes��ri app�.a�~ten�uac�s as well�s�ny
�rad�el�d�sma�es,cost�,arid expenses,including�xis��nxnity for az�:y settlerraents a�r jra�l�e�en.ts,
defe2ase costs,�i�c�aYcorn�y's fees aaa.xsed xn wlyc,le csr xn���t l��the�xe��czse of ar�y right�ranted
kaercruxcler.
3. 1'1�e a�plzc�nt shal'f,wi�k�iri 1 r�,asorfalate 1<�xz�th ofti�ne,x�paaz�any d�n���s r�vk�io�a n°�a3+be cicvine
; to said�•o�d{s)�aer��rz desarabe*d by rea.sota of l�yin�;s constz�zction,4peratin�or xnaiz�taining t�e
� fr•an�lai�c;c3#'acilaty�nd s��tl restore z�oad(s)ira�s goaci ao�d�tian as 1a�farc:tkxey w�re clistur.beci by
t}i�:�.f'rs�•�t>�i<i ope�•atiuns.
4. '�`la�;ap�lic�.t�t sfxa���`urxxzs�i Grant Cnunty a band, ce�ki�ed cheok or cash d��oszt ix�:t}a�su�°n��"
�._____...__ io instu•e that sazd�oael repaixs will l���;ad�to the st�tisfactznn ofth�C:ount,y
:Crjginet;r,it'E��:ixx�a�rec�3 t}�at upc�n f�e���ressio�of sur,l�s�tisfactic�n,said br��d,aheo�C,as�
ca�h de�osit slx�sll be r•cturri�,c��c�rthv�ritla ta the a�rplicaz,f.
5. '.�"tie��,�3ierant s}��Il n1�+.�ze a��plic�tion fnz•anc�obt.�an a perrnat tn�erform wqrk oza th�;ri�lxt�of
way fresxn tb.e�ount�:�n�in€���•tcs p��ce�11 f�cilitaes a�athns�zed by trsis�'ranck�i�e.
G. Tl�e��pplAC;a��t shalt cc��,�p1y�nrith�11 conditions imposed an the�aer�nit anci rr�imbursc�h�C;ounfiy
for the oost c�f'any inspeet�aons�elt riecessaryr by the Cat�nt�j to assure coznpli�xce with tkze
�>i°avisiczns o�'ths permit and this fr�nchise.
7 'l°hc;���licant s�al1 give azotice to the Ca�ant C;nur�ty�xa�ir��ez•when the t�aval�c3 partioaa of t��
a�"fec:tec�xoads ar�to be intex��erGd vritka when loaatzi��,coz�siru��in�,aper�t�n�;,�nd xaaai�i:aini�ag
th��aaxlity,�aici natice to be given at least twr�(2)days b��<7re tlae wvrk is�erfpxmmed.
8. �s�lor,atir��;,cons�ructin�,aperratiza�,�n�maintaining t��e faaility,t��s ap�lic�zat,the'rx succ�ssaxs,
and assi�;x�s,sh�]t zt mll tirrr�:s lemve at least cane l�alf of t�se travel.ed�c�rtia�i a�th�xo�dway n�a�x�
t���r�i��c�znless�writt�;ri aitth�rriz�tic�n to cl�se th�road�ay(s)is granted by the C`xraxat�ounty
�a��in�er,ad�quat�deCour signage is erruted,a1�d a�'ublic Naticu nf C1QS�,a�•e is published xn the
n��cvsj�aper s�rvi���tae are���t les�tst tk�r�e{3}cl���in adv�xaG�of#���e3c�sure.
�). When,i7y reasoa�of thP cox�st�aatic�n,a•e�air,inlprovemes�t,alter�tion,or relc�Gatian o�'s�acl
�o��nty��aads,or�.���portxon tix�reo�',it s11a11 appear zaecess�y in t:hs;r�piniar�a�the 13oard af'
�'��c�n£;�
��38448 10/01/2014 '02:45 PM FRANC
Page 3 af 24 R 0 Grant Co, WA
GRANT COUNTY CQMMISSIbNERS
I Ilillll III IIIIII IIII IIIIII IIIII I II IIIIIII IIIIII IIII IIII IIIII IIIII III III II IIIII IIIII IIII INII
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I
Count�Co�nassia�zers of Grarat Caunty,5tate nF'Wask�iragtan,to rsmcave,lawer,or kel�cat�
sard facility fram sarc3 z-oads,it��a�s�licant,thezr successor.s,anc�assi�ns,agiee to rernove,
lowet�,or r�lc�uate saicl tacility i��rxnc:diat��y at theax a��n e.xp�xz�e tc>the place�i�r pl�ces
� desi�nat�d�y tkie said J�oaxd�f Couxaty C��nmiasior►e�s. .
! 14. Xra tkxe eve:z�t th�t saicl Cv�inty r�ar�s car por�tians tizu�reo�'as d.�sari�r<.d,sh�ll be;co�ie��itate
� kii�laway�n�3 t�zexefc�re by xeasoi•10#"t�►e constx7ictian,rep�ir,irxtpr�'�emsilt,altc,r�ti�n,nr
xa oca xon o a nr an�r po iosa o sai roa s as a � e 1� w�y,a�de erzz��ne � e
De��sr�YZ�ent a#"�'r�isport�tion o�'ttle St�te�f Wa�,hii�gtor�,it s}��.lt becaxn�zaecessary�in tk►�
�ipi�lion a�'tia�said:Ue�artmexrt to remove,lower,ar relacat�;s�irl fac;ili�frrstn sai�kaz�hvva�,
tlae a�plica�ats,klaeiz•successors,�d�assi�is,a��ec:to remov�,lc�v�v�r,o�•r�loaate s�id facility
i�rrrsaectiat�l�at�th�;ix•orxraa exp�:nsc ta the plac�o�'�al�ces desigr�at�d�iy saad TT?e�az-tza�a�zz�.
11. `S'h��;Qrxnty reserves the ri��t to x•e�vo�e the�ari�ileges gran�ecl by t�si�L��zachise anc�tc��eelc legaX
x��ncc�i�s,C�r fai.ltrre of't�e frarar.his�hatd�:x tn comply with tt��cozzdztinns s�t�'ortka abov�ar�cU�x•
tn ctrrrcct a��y deficic��.�cy a�t�r being�iv�r�thirty(3Q)day�wrYtt�n nt�tic�a�"cozxectiotx by the
Ccr��ty.
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Page 4 of 24 R 0 Grant Co, WA
GRANT COUN7Y GOMMISSIONER5
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