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9. RELOCATION AND MOVEMENT OF FACILITIES
<br /> 9.1. Movement of Telecommunication Facilities For City Purposes
<br /> A. Pursuant to RCW 35.99.060, the City shall have the right to require Grantee to adjust, secure,
<br /> relocate, remove, replace, modify, or disconnect Grantee's Facilities and equipment located in the
<br /> Rights-of-Way when the public welfare,health or safety requires such change(for example,without
<br /> limitation, by reason of traffic conditions, public safety, Right-of-Way vacation, Right-of-Way
<br /> construction,change or establishment of Right-of-Way grade,construction,maintenance,or removal
<br /> of traffic signals, light poles,or other infrastructure, installation of sewers, drains,gas or water pipes,
<br /> or any other types of structures or improvements by the City for public purposes). Unless otherwise
<br /> provided by law, such work shall be performed at the Grantee's expense. Except during an
<br /> emergency, and after consultation with Grantee as set forth in RCW 35.99.060(2), the City shall
<br /> provide reasonable notice to Grantee, not to be less than sixty (60) days, and allow Grantee the
<br /> opportunity to perform such action. In the event of any capital improvement project exceeding
<br /> $500,000 in expenditures by the City that requires the adjustment,securement,removal,replacement,
<br /> modification, or disconnection of Grantee's Facilities or equipment, and after consultation, the City
<br /> shall provide at least ninety(90)days'written notice to Grantee.Following notice by the City,Grantee
<br /> shall adjust,secure,relocate,remove,replace,modify,or disconnect any of its Facilities or equipment
<br /> within any Right-of-Way,or on any other property of the City. If funds are generally made available
<br /> to users of the Rights-of-Way for such relocation,Grantee shall be entitled to its pro rata share of such
<br /> funds. The provisions of this Section shall survive the expiration, revocation, or termination of this
<br /> Franchise; provided that relocation shall not be required after the expiration of this Franchise if the
<br /> City consents to the Grantee abandoning its facilities in place.
<br /> B. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction,
<br /> the City may cause such work to be done and bill the cost of the work (to the extent it is Grantee's
<br /> responsibility under this Franchise or applicable law, including RCW 35.99.060) to the Grantee,
<br /> including all costs and expenses incurred by the City due to Grantee's delay. In such event,the City
<br /> shall not be liable for any damage to any portion of Grantee's Telecommunications System. Within
<br /> thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City any
<br /> undisputed sums.
<br /> 9.2.Relocation of Telecommunication Facilities for Others
<br /> If any removal, replacement, modification or disconnection of the Telecommunications System is
<br /> required to accommodate the construction,operation or repair of the facilities or equipment of another
<br /> City franchise holder or private party, Grantee shall, after at least thirty (30) days' advance written
<br /> notice, take action to effect the necessary changes requested by the responsible entity. Grantee may
<br /> require that the benefited party pay the costs associated with the removal or relocation.
<br /> 9.3.Temporary Changes for Other Permitees
<br /> At the request of any Person holding a valid permit and upon reasonable advance notice,Grantee shall
<br /> temporarily raise,lower or remove its wires as necessary to permit the moving of a building,vehicle,
<br /> equipment or other item. The permit holder must pay the expense of such temporary changes, and
<br /> Grantee may require the estimated payment in advance.
<br /> {DPK2242501.DOCX;4/13113.000007/}
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