5413 S 2ND AVE TOUCH AMERICA 2018-01-02 MF Import

Permit Number CITY OF EVERETT PUBLIC WORKS REVOCABLE dENERAL PERMIT FOR ACTIVITY WITHIN THE PUBLIC RIGHT-OF-WAY The City of Everett hereby grants a non-exclusive revocable general permit to Touch America, Inc. a Montana corporation, and its respective successors and assigns, whose address is 130 North Main, Butte, Montana, S9701, hereinafter referred to as "the Permitter," pending adoption and approval of a franchise ordinance. Permit The Permitter is hereby authorized to install, commission and test all wires, lines, cables, conduits, equipment. and suppotting structures ("Facilities'7, located in the City's right-of-way, to be utilized by the Permittee in the operation of its telecommunication system, subject to the terms and conditions of this Permit. Term This Permit is effective commencing in the JQL day of October, 2000, and terminates on the sooner of one year from the effective date, the acceptance by the Permittee of a franchise ordinance approved by City Council, upon ninety days' written notice by the City, or as otherwise provided by this Permit. Conditions This Permit is subject to the following conditions: I. This permit only authorizes those activities described in Exhibit A. It does not authorize major activities which will require a separate permit. 2. The Permitter must pay the City a permit processing and inspection fee in the amount of Five Hundred Fifty Dollars ($550.00) at the time of permit application. 3. For each separate use of the right-of-way under this permit and prior to commencing any work on the right-of-way under this permit, the Permitter shall: a. Give the City the notice which shall include both the permit number and the street address nearest to the proposed work site; and b. The Permitter will telephone the City's Public Works Department at least one (1) business day (24 hours) prior to commencing work C. All activity on the right-of-way shall be included on the monthly list described in paragraph two which is provided to the City. 4. The Permittee agrees to, and hereby does release, indemnify and promise to defend and save harmless the City, its officers, agents, and employees from any and all claims for damages, demands or causes of action, whether to persons or property, that in any manner directly or indirectly arise out of the Permitter's use of the City's rights -of -way pursuant to this Permit and upon notice to the Permitter, the