HomeMy WebLinkAboutFranchise - BOCC1463322 12/16/2021 11:12 AM FRANC
BOgCC ge I of 20 R 0 Grant Co, WA
VIII I III I II II I I I VIII II I VIII II I III II VIII VIII IIIIIII III VIII VIII I III
Return to: Barbara Vasquez
Commissioners Office
Document Titles: Franchise Agreement
Reference Number:
Grantor(s):
1. Grant County
2.
3.
4.
5. Additional grantors on page
Grantee(s):
1. Hyer Farms
2.
3.
4.
5. Additional grantees on page
Legal description (lot, block and plat name or section, township &range):
To consider Hyer Farms application for a franchise to construct, operate and maintain an
irrigation pipeline under certain County Road Rights -of -Way within the County of Grant State of
Washington, for the purpose of carrying water. Running under and along Road W -NE and Road
2 -NE within Sections 23, 24, 25 and 36, all in Township 19 N, Range 30 E WM.
Assessor's property parcel number:
1.
2.
3. Additional parcel numbers on page
The Auditor's Office will rely on the information provided on this form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
hereon.
FRANCHISE AGREEMENT -
After Recording Return To:
ATTN:
FRANCHISE COVER SHEET
GRANT COUNTY, WASHINGTON
Applicant/ Grantee:
Type of Facilities:
This agreement applies to certain County Roads within County of Grant,
Applicant Name: Hyer Farms
Contact Person: John Hyer
(509) 766-0234
Notice Address: P.O. Box 1093
1842 N. Frontage Road E.
Moses Lake, WA. 98837
Effective Date:
Expiration Date:
1463322 12/16/2021 11:12 AM FRANC
BaOgC2 of 20 R 0 Grant Co, WA
IIIIIIII II I 'l lVIII II II I 1II II II VIII VIIII VIII VIII VIIII1111111111111111111 IN
EXHIBIT "All
GRANT COUNTY
TERMS AND CONDITIONS OF FRANCHISE
INDEX OF TERMS AND CONDITIONS OF FRANCHISE
1. Scope and Duration
2. Definition of Terms
.3. Permits, Plans, and Specifications
4. Performance of Work
5. Aesthetic/ Scenic Considerations
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. Annexation
16. Vacation
17. Termination
18. Assignment
.19. Effective Date
20. Severability
21. Limitation of Liability
22. Hazardous Conditions
23. Notices
24. Governing Law and Stipulation of Venue
1. Scope and Duration
Name of Applicant, its successors and assigns (hereinafter called "Grantee") are
hereby granted a franchise to set, erect, instatt, place, lay, construct, extend, support,
attach, connect, 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 County roads and rights of -way falling within the area described on
the attached Appendix 1 (such roads and rights-of-way being hereafter referred to at
times as the "Franchise Area"), for a period of fifty (50) years, all in accord with the
granting this Franchise, all 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 County's continued right to enact
codes and ordinances, in the event of any conflict or inconsistency of such codes and
ordinances with the terms and conditions of this Franchise (including, without
[imitation, this Exhibit A), the terms and conditions of this Franchise shaltgovern and
control.
1463322 12/16/2021 11:12 AM FRANC
Pan 3 of 20 R 0 Grant Co, WA
BO C
2. Definition of Terms
COUNTY
COUNTY COMMISSIONERS
COUNTY ENGINEER
COUNTY ROAD STANDARDS
COUNTY UTILITY POLICY
FRANCHISE
GRANTEE
MANUAL ON UNIFORM TRAFFIC
CONTROL DEVICES (MUTCD)
MAP OF DEFINITE LOCATION - for new
construction not pre-existing
facilities.
PERMIT
Grant County,
Grant County Commissioners,
-Grant County Engineer
The policy titled "Grant County
Minimum Road Standards for
Developments" or the policy's
successor.
The policy titled "Accommodation of
Utilities on County Road Right of Way
for Grant County" approved by the
County Commissioners February 9, 1998
or the otic 's successor.
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*
Public Utility District No. 2 of Grant
County, Washington, its successors and
assigns, and any other 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.
Latest edition of the MUTCD 'Manual on
Uniform Traffic Control Devices for
Streets and Highways, U.S. Department
of Transportation, Federal Highway
Administration.
Construction plans;plans and
specifications; design standards and
specifications.
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),,
1463322 12/16/2021 11:12 AM FRANC
BOC
Pa�e 4 of 20 R 0 Grant Co, wA
I IIIIIIIIIII IIIIIIIVIII II IIIIII III II IIII VIII VIIII VIII VIIIVIIII III11111111111111111111111
RESTORATION A general term denotingreplacing,
eplac�ng,
repairing, or otherwise restoring the
right-of-way to same or equal condition
as before any change or construction
began thereon.
RIGHT-OF-WAY All property falling within the area described on
the
attached Appendix 1 in which the County has any form of
ownership or title and which is held for public road right-
of-way g
of -way or other public purposes, regardless of whether or
not any road or facility exists thereon or whether or not it
is used, improved, or maintained for public travel.
ROADWAY The portion of the right-of-way, within the outside limi
ts
of the side slopes (shoulder to shoulder) or between curb
lines, used for vehicular travel.
TRAFFIC CONTROL A general term more specifically defined in the MUTCD
3. Permits, Plans, and Specifications
A. Prior to commencing any work within the Franchise Area on any county road or
right-of-way, the Grantee shall comply with and obtain all necessary permits to do
such work. Permits required may include, but are 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 Count
Development Regulations for necessary county permitting.
Y
Work in the Right -of -Way permits will require at a minimum, plans and
specifications showing: the position, depth, and location of Facilities to be
constructed within the Franchise Area at that time and their positions in relation to
any involved county road and their locations within the right-of-way. These plans,
all drawn to scale, shall be known as the "map of definite location". Specifications
will include class and type of materials and equipment to be used, manner of
excavation, construction, installation, and backfill; 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.
14g63322 12/16/2021 31:12 AM FRANC
BOCC 5 of 20 R 0 Grant Co, WA
IIIIIII III IIIIII 1 I I II ILII II I VIII III I II IIII VIII VIII IIIIIII III VIII VIII I I III
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
p 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 b
the County in inspecting and approving n the work as y
pp g and to the extent required by
applicable provisions of the County Utility Policy. Grantee shall remain solei
responsible for compliance with all applicable la y
pp laws, regulations, codes, and
standard plans and specifications in the design and construction of Grantee's
Facilities within the Franchise Area. The Grantee shall notify the County Engineer
at a minimum of 48 hours prior to starting any construction activity.
If and to the extent 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; provided, however, Grantee shall notify
the 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 b
application b Gr y
the County Engineer pursuant to a
pp y Grantee, in which 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 right-
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 immediate)
prior to such disturbance or make provisions they y
( p 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 fails to restore any surface or other facility within the
Franchise Area as required in this paragraph, but in each case only if Grantee does
not promptly take corrective action after receiving written notice from the County
Engineer regarding such condition or failure.
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 county 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
guard the public from any condition caused by the work. Grantee shall conform to
the MUTCD, 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
1463322 12/16/2021 11:12 RM FRANC
802eC
6 0( 20 R 0 GranC Co, WA
1111111111111111111111111111111111111111111111111 II II VIII VIIII VIII VIII VIIII II
opinion of the County Engineer, any hazard to travel of the public is created,
Grantee shall relocate the line, pole, or other facility at its expense upon request
of the County Engineer. Grantee shall be liable for any 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 any existing monuments or markers 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 markers. 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 County 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 restrictions are not in conflict with State law governing utility
right-of-way maintenance.
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 County will not assume responsibility 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 as 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 it will not negligently or intentionally cause the release of any
hazardous substance, waste, or pollutant or contaminant (as defined by applicable law)
1463322 12/16/2021 11:12 AM FRANC
Pag 7 of 20 R 0 Gran! Co, WR
BOCC
11111111111I I II II IVIII II II I III II II VIII VIIII VIII VIII VIIII II
into or upon any County road or right-of-way in violation of any 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 liable for an
and all consequences of such illegal release including Y
g g under any federal or
state statute or at common law. Grantee shall indemnify and hold the county harmless,
as provided in paragraph 10, from any and all liability resulting from such an illegal
release and shall have full responsibility for completely cleaning up, as required by any
government agency, any and all contamination from such release. The County shall be
entitled 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 County may give immediate notice of
termination of this Franchise or enter the Franchise Area and take whatever steps it
deems appropriate 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 adjustment to
accommodate future roadway improvement and to permit access to servicing such
installations with minimum interference to roadway traffic. If the County causes
any County road or right-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 reasonably necessitate relocation of any Facility of the
Grantee on such road or right-of-way within the Franchise Area (in any case for
purposes other than those described in Section 8(C), below), the County will:
(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 such road or right-of-way project.
After receipt of such notice and such plans, timetables ands specifications, Grantee
P
shall relocate such Facilities within the Franchise Area at no cost to the County.
B. The County Engineer shall have the final approval of the relocation schedule.
Grantee shall be responsible for timely compliance with Facility relocation and
coordinate with the County or the County's 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
contiguous 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 foregoing shall be subject to all other provisions of this Franchise
and shall not substantially or unreasonably impair the rights granted to Grantee
under this Franchise.
C. Whenever (a) any public or private development within the Franchise Area, other
than a public right of way improvement of the type described in Section 8(A),
above, requires the relocation of Grantee's Facilities within the Franchise Area to
14g63322 12/16/2021 11:12 RM FRANC
BOCC 8 of 20 R B Grant Co, WA
IIIIIIIIIIIIIII 111I II I II IIIIA II II I III II II VIII VIIII VIII VIII VIIII II
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 r�htasa
�ndidon�such �i��on,��ui�s�hd�i�r'�r�ore���'—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 I s Facilities.
D. Any condition or requirement imposed by the County upon any person or entity'
other than. aGentee'Lhat requires the relocation ofGrantee'sFaciUbesshalibe
required reiocabonfor purposes of Section 8(O'ab�h���'�--
[imitation, any condition or requirement imposed' pursuant to any contractor in
��
conjunction with approvals or permits for zoning, land use, construction or
E. Nothing in this Section 8shall require Grantee to bear any cost or expense in
connection with the location or relocation of any Facilities then existing pursuant
to easement or such other rights not derived from this Franchise.
9. Non-Exclusive/Other Occupants
& This Franchise isnot exclusive. ^|tshall not prohibit the County from granting other
franchises or permits for use of any County roads or rights -of -ways or parts thereof'
Subject to this Franchise, Grantee shalt not prevent or prohibitthe County --
'
constructing, altering, maintaining, or using any of said roads or hQhts' -~ or
affect its jurisdiction over them or any part of them, the County having full r
to make all necessary changes' relocations, i maintenance, ,-''-
' repairs, man nance, eL��' of the
same as the County may deem fit.
B.All installation, operation, maintenance, and repair by the Grantee ofits Facilities
on any county road or right-of-way within the Franchise Area shall be done so as
not to unreasonably interfere with installation, construction, operation,
maintenance' or repair of other utilities, drains, ditches, structures, or -- other
improvements permitted upon such road or right-of-way, subiecttothe preference
and priority rules set forth below. Owners, �ubbcorphva - ofanysuch ��facilities
'�
installed prior to construction and/or installation of the Facilities ofvGnante�-
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 '�nsLaiiation of
the Facilities of Grantee. Such preference shalt continue ifrelocation 's required
as e result of any construction relocation, realignment, and/or change of grade by
the County.
-'
10. Insurance and SecuritV
A. For the period after the assignment of this Franchise to the UdULv 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 hold harmless
agreement herein with limits of liability not less than:
$2,000,000-00 per occurrence
1463322 12/16/2021 11'12 AM FRANC
Pan s of om m m Grant cm, uw
I IIIIIII III IIIIII IIII 1111111111111111111111111111111111111111111111111111111111111111111111 IN
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
Endorsement", "Severability of Interests", or "Separation of Insureds" provision
indicating:
"The inclusion of more than one insured under this policy shall not affect the
rights of any insured as respects any claim, suit, or judgment made or brought
by 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 company's liability beyond 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. Grantee shall provide the County annually a signed certificate of
insurance naming Grant County as 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 County Accommodation of Utility Policy. Acceptance by the County of any
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 Indemnity
A. The Grantee shall defend, indemnify and hold harmless the County, its appointed
and elected officials, agents, and employees, against all third party claims, losses,
suits, actions, costs, counsel fees, litigation costs, expenses, damages, judgments,
or decrees on account of any injury or damage to the person or property of
another, to the extent such injury or damage is caused by the negligence, willful
misconduct, or from any breach of any common law, statutory or other delegated
duty pursuant to this 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 propertycaused b
or resultingfrom the concurrent n • y
negligence 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 indemnify the County is
enforceable only to the extent of the Grantee's negligence.
1463322 12/16/2021 11:12 AM FRANC
Pag 10 of 20 R 0 Grant Co, WA
BO CC
111111111111111111111111111111111111111111111111111111 II 11111111111111111111111111111111111111111
C. The Grantee's obligation shall include, but not be limited to, investigating,
adjusting, and defending all claims alleging loss from g�
g g om any negligent 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 any claim or demand be presented to or filed with the Count b
reason of the above-mentioned causes the Countyy Y
shall promptly notify Grantee
thereof, 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 Grant County for damages arising out of or by reason of the above-
mentioned causes, the County shall promptly notify 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 County in suit or action, the Grantee will fully satisfy
90 days after suit or action
said judgment within ninety ( ) Y on shall have finally been
determined, 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 Grantee's refusal 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, then 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 indemnify the County for any settlement made by the County 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 51;
provided that the foregoing waiver shall not in any way preclude Grantee from
raising such immunity as a defense against any 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 welfare; provided, however, that the County shall adopt ordinances
and regulations in a manner consistent with the terms of this Franchise.
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 market
value thereof. In determining the value of such Facilities, no value shall be attributed
� 14g63322 12/16/2021 11:12 AM FRANC
BOCC 11 of 20 R 0 Grant Co, Wp
IIIIIIII II VIII I II I I II II I III II II IVIII VIIII VIII VIII VIIII III
to the right to occupy the Franchise Area conferred by this Franchise. Nothing herein,
however, isintended toorwill limit any severance damages arising out ofany impact
of any such condemnation on the Name of Project or related Facilities.
15. Annexation
If any road or right-of-way covered by this Franchise is incorporatedinto the limits of
any city or town` this Franchise shall terminate as to any road or right-of-way within
the corporate limits of such city ortown (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 at[ or a portion of any county road or which is
subject 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 orgovernmentaicapacity, the[ounty Commission may, atits option and
by giving thirty (30) days written notice to the Grantee' terminate this Franchise with
reference to any county road or hght'of'waysovacated and, in its vacation procedure'
reserve and grant an easement to Grantee for Grantee's Facilities, and the County shall
not be liable for any damages or loss to the Grantee by reason of such termination.
Whenever a county road or right-of-way orany portion thereof isvacated 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 [and for the construction, repair,
and maintenance of public utilities and services which at the time ofthe vacation are
specifically authorized under paragraph 3orphysically iocated on portion ofthe land
being vacated' but only in accordance with the provisions of RCW 38.87.140. In such
event' the County shall also, in its vacation procedure' reserve and grant an easement
to Grantee for Grantee's Facilities. The County shalt not otherwise be liable for any
damages or loss to the Grantee by reason of any such vacation.
17. Termination
A.\fGrantee defaults on any term or condition of this Franchise, the County may
serve upon Grantee awritten order to so comply within sixty (60)days 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 forfeiture of this Franchise; provided, however, if
any failure tocomply with this Franchise by Grantee cannot becorrected with due
diligence within said sixty (80) day period (Grantee 'sobligation to comply and to
proceed with due diligence being subject 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, in addition to any other relief it may obtain' its
reasonable costs and expenses' not limited to taxable costs, and reasonable
attorney's fees.
1463322 12/16/2021 11'12 AM FRANC
Page 12 of 20 R m Grant Co, um
BOCC
I
��N�����������1111111���������|�����
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 constructed 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
discontinued for any reason, including, but not limited to, discontinuance,
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 rights-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 provisions, conditions, regulations, and requirements herein contained shall be
binding upon the successors and assigns of the Franchisee, and all privileges, as 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 Franchisee is mentioned.
Any reference in this franchise to a specifically named party shall be deemed to apply
to any successor, heir, administrator, executor or assign of such party (hereinafter
collectively referred to as successor) who has acquired its interest in compliance with
the terms of this franchise, or under law.
Any 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 County 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 notifying Grant County. Should any court find the successor
not liable, the original holder of this franchise shall assume full liability as if the
succession never occurred.
19. Effective Date
This Franchise shall be effective thirty (30) days after approval by the County
Commission; PROVIDED that Grantee within such time, has signed a copy thereof and
returned it to the County Commission.
20. Severability
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 Franchise or its application to other persons or circumstances.
14g63322 12/16/2021 11:12 AM FRANC
BOCC 13 of 20 R 0 Gran! Co, WA
111111111111111111111111111111111111111111111111111111 II II VIII1111I VIII VIIIVIIII III
21.
22.
23.
24.
Limitation of Liabi lite
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.
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 is located, or other person or agent in
control of said property, and direct them to repair or eliminate such condition or
operation within the period specified therein so as to eliminate the hazard and be in
conformance with 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 to notify the Grantee before acting. In such instance, the Grantee (responsible
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 authority, the County Engineer shall
have the authority to forfeit the bond or other security to recover the costs incurred.
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 Washington.
This Franchise is subject to the provisions of any
Washington Utilities and Transportation Commission
any conflict or inconsistency between the provisions
the provisions of such tariff shall control.
Notices
applicable tariff on file with the
or its successor. In the event of
of this Franchise and such tariff,
Notices provided for in this Franchise shall be sent to the following addresses:
1) Grant County Public Works Department
124 Enterprise St SE
Ephrata, WA 98823
2) Grantee:
1463322 12/16/2121 11:12 AM FRANC
Page 14 of 20 R 0 Grant Co, WA
13 BOCC
If to Company Name:
with a copy to:
John Hyer
PO Box 1093
Moses Lake,
Attn:
WA 98837
If to the Utility Assignee:
Attn:
25. Governing Law and Stipulation of Venue
The Grantee shall promptly notify the County of any change in notice address. The
Grantee hereby agrees to be bound by the laws of the State of Washington and
subjected 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, Washington, or in
the case of a federal action, in the United States District Court for the Eastern District
of Washington at Spokane, Washington.
1463322 12/16/2021 11:12 AM FRANC
] Pag 15 of 20 R 0 Grant Co, UA
BOCC
II I III I II VIII I I I I VIII II I I I II I II II VIII VIII I I I III VIII VIII I II
APPENDIX 1
Franchise Area Boundaries
Name of County Roads and Section, township and range of the franchise areas,
Road W NE and Road 2 NE
Sections: 23, 24, 25, 36
Township: 19 N
Range: 30 E
A 12" water pipeline starting at the center line of Road W NE and running 2,700
feet East of said center tine. Pipeline to be located 28 feet North of the center
line of Road 2 NE. Pipeline to be installed and buried to Grant County
specifications.
I
A 12YY water pipeline starting at the center line of Road W NE and running 60
feet West of said center line. Pipeline to be located 28 feet North of the
center tine of Road 2 NE. Pipeline to be installed and buried to Grant County
specifications.
A cut, fill and patch across Road W NE, located 28 feet North of the center line
of Road 2 NE. All road work to be performed to Grant County specifications,
A 12" water pipeline starting at the center line of Road 2 NE and running 28
feet North of said center line. Pipeline to be located 28 feet East of the center
line of Road W NE. Pipeline to be installed and buried to Grant County
specifications.
A 12" water pipeline starting at the center line of Road 2 NE and running 6,600
feet South of said center line. Pipeline to be located 28 feet East of the center
line of Road W NE. Pipeline to be installed and buried to Grant County
specifications.
A cut, fill and patch across Road 2 NE, located 28 feet East of the center line of
Road W NE. All road work to be performed to Grant County specifications,
Please see attached map
1463322 12/16/2021 11:12 AM FRANC
Pae 16 of 20 R 0 Grant Co, WA
BO C
11111111111 111111 11111 1111 111111 11111 11111111111111111
APPENDIX 2
Construction Work Technical Standards
Grantee shall submit drawings for the construction work, if required by the Count Engineer.
Drawings shall be to a working scale showingposition an y g
p d location of work. Names or number
and width of roads, streets, etc., showing their location in plats, or subdivisions of sections
township and range, showing the relative position of such work to existin utilities'
constructed, laid installed or erected upon such roads, streets or public placesg '
.
Grantee shall specify the type of construction by submitting plans 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 quality and the manner of excavation,
fills, construction, installation,
erection of temporary structures, traffic turnouts, road obstruction, barricades, etc., shall
meet with provisions of the County Utility Accommodation Policy (WAC136-40), and shall
require approval of the County Engineer. Signing, barricades, and traffic control in the vicinity
of the work shall strictlyconform to
provisions of "the Manual on Uniform Traffic Control
Devices for Street and Highways." Grantee shall pay to the County all applicable fees and
charges prescribed by the policy for "Accommodation of Utilities on County Road Right of Way
for Grant County."
g
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 Count
Engineer prior to start of work and shall be subject to inspectionY
of the County Engineer so as
to assure proper compliance with the terms of this Franchise.
Grantee shall leave all roads, streets, alleys, public places, and structures after installation
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 propertyof an
kind on account of said work b Grantee Grantee will r Y
Y repair said damage at its own sole cost
and expense.
The County Engineer, his agents or representative may do, order, or have done any and all
work consid.ered necessary to restore to a safe condition any street, alley, publicp lace 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 as permitted herein, and upon demand
Grantee shall pay to the County all costs of such work and material.
14g63322 12/16/2021 11:12 AM FRANC
SPCC 17 of 20 R 0 Grant Co, WA
' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII�II
CERTIFICATE OF ACCEPTANCE
The undersigned grantee hereby accepts all the terms and conditions of
this franchise as set forth in Exhibit A for himself and for his heirs, executors,
administrators, successors and assigns, being at:
'Location)
;4! this day of 111OV, 20.;21
Subscribed and sworn to before me
this
a , -/? * of
-JekeA (,Y/
Notary Public
In and for
LOP
ANNE L FOX
NOTARY PUBLIC #24393
STATE OF WASHINGTON
COMMISSION EXPIRES
L.- MAY 29, 2023
//1
(Company or Organization)
orizing sigh5ture of applicant)
1463322 12/16/2021 11:12 AM FRANC
gaOgC 18 of 20 R 0 Grant co, wA
IIIIIIIIIII VIII I III IILII II II I III II II VIII VIIII III III VIII VIIII I11111111111111111111111111111
DATED this day of , 2021.
BOARD OF COUNTY
COMMISSIONERS
Yea Nay Abstain G T COU Y, SHINGTON
Cindy Cart r, Chair
k4 I Z' "V
ATTEST: 4
.
YB#bara
Danny E. tone, Vice -Chair
. Va.sq�� RobL5�
ember
l� e B o �l'
AppReuting
s to Form:
Pro Attorney
of Grant County, Washington
1463322 12/16/2021 11:12 AM FRANC
W19 of 20 R 0 Grant Co
C , WA
IIIIIII IIII II VIIIIIIIII IVIII II II IVIII II II VIII VIII IIIIIIIIIVIII VIIII III
Road 3 NE
Road 2 NE
Road 1NE
S 23, T 19 N, R 30 E
S 261 T 19 N, R 30 E :.:.:.:..v....::..:.v,
Pipeline
crosses under
Road 2 NE; 28
feet east of
the center line
Of Road W NE.
Road W NE
S 24, T 19 N, R 30 E
Trench located on
North side of Road
2 NE. Pipeline is 28
feet North of the
center line of Road
2 NE
Pipeline begins
2,700 feet East
of the center line
of RoadW NE
S 25, T 19 N, R 30 E
Proposed
Pipeline
Trench located on East
side of Road W NE.
�- -r Water line is 28 feet East
of the center line of
Road W NE
S 36, T 19 N, R 30 E
Pipeline ends
6,600 feet
South of the
center line of
14g63322 12/16/2021 11:12 AM FRANC
BOCL 20 of 20 R 0 Gran! Co, Wp
IIIIIIII IIVIII II II IVIII II II I III II II VIII VIIII VIII VIII VIIII II
Pipeline
crosses under
Road W NE; 28
w:..........,.:,..v............
feet north of
Pipeline ends
the center line
60 feet past
of Road 2 NE.
the center line
1
of Road W NE
S 261 T 19 N, R 30 E :.:.:.:..v....::..:.v,
Pipeline
crosses under
Road 2 NE; 28
feet east of
the center line
Of Road W NE.
Road W NE
S 24, T 19 N, R 30 E
Trench located on
North side of Road
2 NE. Pipeline is 28
feet North of the
center line of Road
2 NE
Pipeline begins
2,700 feet East
of the center line
of RoadW NE
S 25, T 19 N, R 30 E
Proposed
Pipeline
Trench located on East
side of Road W NE.
�- -r Water line is 28 feet East
of the center line of
Road W NE
S 36, T 19 N, R 30 E
Pipeline ends
6,600 feet
South of the
center line of
14g63322 12/16/2021 11:12 AM FRANC
BOCL 20 of 20 R 0 Gran! Co, Wp
IIIIIIII IIVIII II II IVIII II II I III II II VIII VIIII VIII VIII VIIII II