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The following requirements apply as minimum conditions of installing, locating, using, maintaining, abandoning or removing facilities in the right-of-way or other permitted areas. They are also a basis of negotiation of any franchise or master permit. Service providers or others must accept the following requirements, so long as any use or occupancy continues and regardless of whether a master or use permit or franchise has been issued, revoked or expired:

A. Service providers must comply with all applicable federal, state, and local laws and ordinances relating to operations in the city, including safety laws and standards, as well as policies and standards of the city, construction codes, regulations, and orders of the administering officer, compliance therewith being subject to audit or verification by the city at the parties’ expense;

B. Service providers must obtain all permits required by the city for the installation, maintenance, repair, or removal of facilities in the right-of-way and pay all permit and filing fees, costs, charges and penalties within thirty days of billing or as otherwise specified by the administering officer;

C. Compliance with the policies of this chapter;

D. Service providers must cooperate with the city in ensuring that facilities are installed, maintained, repaired, and removed within the right-of-way in such a manner and at such points so as not to inconvenience the public use of the right-of-way or to adversely affect the public health, safety, and welfare;

E. Service providers must provide information and plans as reasonably necessary to enable the city to comply with and enforce this chapter, including, when notified by the city directly, through the Upper Kittitas County Tribune or any other means, the provision of advance planning information pursuant to the procedures established by the administering officer, and keep the administering officer fully informed of any changes to information required to be supplied with any master permit or franchise or any use permit;

F. Service providers must provide advance notice of long – and short-range needs for access to the right-of-way as may be ordered by the administering officer, and otherwise, as much advance notice as reasonable in order to facilitate the scheduling and coordination of work in the right-of-way;

G. Service providers must obtain the written approval of the facility or structure owner, if the service provider does not own it, prior to attaching to or otherwise using a facility or structure in the right-of-way, and construct, install, operate, and maintain their facilities at their sole expense and liability except as otherwise provided by law or agreement;

H. Execution of an indemnification agreement providing that the city must not be exposed to risks, claims, or costs because of a service provider, its successor, assignee or other’s use or occupancy of the right-of-way or related areas for the location or use of facilities. Such agreement must provide that the service providers fully indemnify and hold the city, its officers, agents and employees, harmless from all loss or liability in connection with their use or occupancy of such areas. Operations in or near the right-of-way should be conducted to minimize or avoid hazard to the public or to prevent interference with the priority of municipal infrastructure needs. Such parties must further pay for loss or damage to municipal assets or injury to municipal personnel, and waive any second party claims from the user or occupant. If the city nonetheless is exposed to risk or loss, the service provider, successor, assigned or other will protect and defend the city to the maximum extent permitted by law. Minimum insurance requirements are five hundred thousand dollars per occurrence and one million dollars aggregate, with the city as an additional named insured, or as ordered by the administering officer.

I. The city is not responsible for construction or operation of service provider’s facilities and has no duty to modify the right-of-way to accommodate such facilities. Permitted areas are accepted for use “as is”, and must be accepted along with any risks now or hereafter arising because of lack of municipal resources to maintain the right-of-way in its current or better condition; loss or liability arising from acts or omissions of other users, occupants or the public, unstable earth or roadbed, natural or artificial conditions rendering the right-of-way unsuitable for use for facilities placed; or any other problem. There are no express or implied assurances of suitability of any area for placement of the service provider’s facilities.

J. There is no warranty of any municipal title or interest to confer permission to use or access any area. Permission is in the nature of a quitclaim authorization, subject to any other underlying interests as may be established. The city further reserves the right to vacate or abandon as allowed by law any permitted area at no cost or liability to the city. Except and unless shown to be otherwise required by a preemptive right, municipal infrastructure needs have first priority in all cases.

K. There is no duty or liability of the city to any third-party user of a permittee’s facilities in the right. of way, or to any direct or indirect customers or third-party beneficiaries of a permitted user, and the city expressly disclaims any such duty or responsibility. Parties using or occupying the right-of-way must accept sole responsibly for claims of their direct or indirect third-party users, customers or third-party beneficiaries.

L. Nothing in this chapter limits or restricts any requirement, duty or obligation heretofore arising to the benefit of the city as a result of any municipal contract, permit, or franchise, but such provisions are supplemental and in addition to this chapter. The provisions of this chapter are supplemental and in addition to other applicable municipal ordinances, standards, and requirements. Nothing in this chapter impairs any obligation of contract in violation of the constitution of the state of Washington or the United States.

M. Any damage or disturbance to the right-of-way or surrounding areas caused by the activities of a service provider must be promptly restored thereby, and any patch must be thereafter maintained by the responsible party until the area is repaved. The administering officer may require the responsible party to repave an entire lane within a cut or disturbed location if deemed affected as a result of the service provider’s activity, provided, however, that this does not create any right of the city to receive recompense for degradation of the useful life of such right-of-way. Common trenching and coordination of access needs by the user is required to avoid unnecessary cuts or damage to the right-of-way.

N. Access may be limited by the administering officer at a specific location, considering the policies of this chapter, where there is inadequate space or other special limitations in an area. Minimum underground vertical separation is two feet and minimum underground horizontal separation is five feet from city water and sewer facilities and ten feet horizontal and vertical separation from above ground city water and sewer facilities.

O. Any assignment of use or occupancy privileges requires consent of the city in the same manner as right of use or occupancy originally granted, excepting minor stock transfers.

(Ord. 1133 § 1, 2001)