ORD 15-792 - Extending Franchise with Christian Faith Center for Utility Conduits ORDINANCE NO. #15-792
AN ORDINANCE of the City of Federal Way, Washington, extending
the term of the franchise agreement established in ordinance 05-489
and granting Christian Faith Center nonexclusive rights to occupy
rights-of-way of the City of Federal Way, within the specified
franchise area for purposes of constructing, maintaining, repairing
operating and removing cable, voice, data, mechanical and fire alarm
conduits within and through certain rights-of-way and streets within
the City of Federal Way; (Amending Ordinance No. 05-489).
WHEREAS, Christian Faith Center has previously requested a franchise from the City of
Federal Way in order to construct, operate and maintain cable, voice, data and mechanical
conduits within certain rights-of-way as depicted in Exhibit A attached hereto and incorporated
herein; and
WHEREAS, the City Council of Federal Way previously found that it is in the public
interest to grant such a franchise and did grant a franchise that specifies the rights and duties of
Christian Faith Center through a franchise; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets, bridges or other public ways for things such as conduits,
tunnels, towers and structures, pipes and wires and appurtenances thereof for water, sewer and
other private and publicly owned and operated facilities; and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law; and
WHEREAS, Section 4 of the franchise established in Ordinance 05-489 allows the
parties to extend the term of the original 10-year franchise for an additional term of 10 years, and
the Christian Faith Center has expressed a desire to do so; and
Ordinance No. 15-792 Page 1 of 5
WHEREAS, the City Council of Federal Way finds that it is in the public interest to
extend this franchise for an additional 10 year term;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The term of the franchise established in Ordinance 05-489 and attached as
Exhibit A is extended for an additional ten (10) years commencing on the effective date of this
ordinance.
Section 2. Severability The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
this ordinance, or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to any
other persons or circumstances.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective thirty (30) days after passage
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 5t" day of May, 2015.
Ordinance No. 15-792 Page 2 of 5
CITY OF FEDERAL WAY
YO' , JIM FERRELL
ATTEST:
/
C�C ERK, STEPHA E COURTNEY, CMC
APPROVED AS TO FORM:
CITY ATIY RNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK: 04/17/2015
PASSED BY THE CITY COUNCIL: 05/05/2015
PUBLISHED: 05/08/2015
EFFECTIVE DATE: 06/07/2015
ORDINANCE NO.: 15-792
Ordinance No. 15-792 Page 3 of 5
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions and
obligations contained therein.
DATED this a✓ day of Ilia_ ,2015.
CHRISTIAN FAITH CENTER
B
TITLE: 1r'. • _4 ti— I1 ' ! •:
Ordinance No. 15-792 Page 4 of 5
EXHIBIT A
Ordinance No. 15-792 Page 5 of 5
ORDINANCE NO.05-489
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY,WASHINGTON,GRANTING CHRISTIAN
FAITH CENTER A NONEXCLUSIVE FRANCHISE TO
OCCUPY RIGHTS-OF-WAY OF THE CITY OF FEDERAL
WAY, WASHINGTON, WITHIN THE SPECIFIED
FRANCHISE AREA TO CONSTRUCT,MAINTAIN,REPAIR,
OPERATE, AND REMOVE CABLE, VOICE, DATA,
MECHANICAL,SPRINKLER AND FIRE ALARM CONDUITS
CERTAIN RIGHTS OF WAY AND
I AND N ND THROUGH C
STREETS WITHIN THE CITY OF FEDERAL WAY.
WHEREAS,Christian Faith Center has requested a franchise from the City of Federal Way,
in order to construct, operate and maintain cable, voice, date, and mechanical conduits through
certain public rights-of-way,including 20th Avenue South;and
WHEREAS, 20th Avenue South has not yet been constructed but will be constructed by
Christian Faith Center and will be dedicated to the City of Federal Way and the requirements of this
franchise agreement will take effect upon dedication of 20th Avenue South to the City of Federal
Way;and
WHEREAS,the City Council of Federal Way finds that it is in the public interest to grant
such a franchise,which will specify the rights and duties of Christian Faith Center; and
WHEREAS, RCW 35A.47.040 permits the City of Federal Way to grant nonexclusive
franchises for the use of public streets,bridges or other public ways for,interalia,conduits,wires
and appurtenances for transmission of signals and other methods of communications;and
WHEREAS, in granting such a nonexclusive franchise, the City of Federal Way reserves
such other powers and authorities granted to Washington code cities by general law;
ORD#05-489,PAGE 1
EXHIBIT A
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON,DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Definitions
Where used in this Franchise the following terms shall be defined as follows:
1.1 "City"means the City of Federal Way,Washington,a municipal corporation of the
State of Washington, and its respective successors and assigns.
1.2 "Council"means the City of Federal Way Council acting in its official capacity.
1.3 "Director"means the Public Works Director,or designee,of the City of Federal Way
Public Works Department.
1.4 "Facilities"means Franchisee's equipment to be located within the public right-of-
way.
1.5 "FWCC"means the Federal Way City Code.
1.6 "Franchise Area"means only that portion of the 20T11 Avenue South rights-of-way
located in the City of Federal Way and shown in Exhibit A.1,Exhibit A.2 and Exhibit A.3 attached
hereto,and/or any other areas approved by the Federal Way City Council and incorporated into this
Ordinance via amendment.
1.7 "Franchisee"means Christian Faith Center,a Washington non-profit corporation,and
its respective successors and assigns if consented to by the City of Federal Way as provided in
Section 24 herein.
Section 2. Grant/Acceptaaice
2.1 Grant of Franchise.
The City hereby grants to Franchisee the nonexclusive right to enter upon the Franchise Area
for the limited purpose of constructing,excavating,installing,maintaining,restoring,and repairing
ORD#05-489,PAGE 2
Facilities within the Franchise Area.This franchise is specifically limited to the right for Franchisee
to install Facilities owned and operated by Franchisee. This franchise does not permit Franchisee to
lease,rent,or otherwise allow use of conduits,space or capacity provided by the Facilities to other
third-party telecommunications providers,and Franchisee covenants and agrees that it will not do so.
2.2 Aceetltance byFranchisee.Franchisee shall have no rights under this Franchise,nor
shall Franchisee be bound by the terms and conditions of this Franchise,unless Franchisee shall,
within sixty (60) days after the effective date of this Franchise, file with the City its written
acceptance of this Franchise and all of its terms and conditions.
Section 3. Non-Franchise Area City Property
This Franchise does not and shall not convey any right to Franchisee to install its Facilities
on,under,over,across,or to otherwise use City-owned or leased properties of any kind outside the
Franchise Area, or to install Facilities on,under,over, across or otherwise use any City owned or
leased property within the Franchise Area other than public roads, streets, avenues, alleys and
highways.
Section 4. Term
Subject to Franchisee filing its acceptance pursuant to Subsection 2.2, the term of this
Franchise shall be for a period of ten(10)years commencing on the effective date of this Franchise,
unless terminated earlier pursuant to this Franchise or other applicable law. At any time not more
than two(2)years nor less than one-hundred-eighty(180)days before the expiration of the Franchise
term either party may request a renewal of the Franchise for an additional ten (10)year renewal
period.
Section 5. Location of Facilities
5.1 Location. The Facilities permitted by this Franchise shall be installed underground.
Oltb#05-489,PAGE 3
The location of the Facilities,including the underground Facilities and appurtenances,their depths
below surface of ground or grade of a right-of-way,and any related existing equipment to which the
Facilities are connected shall be depicted on a map and submitted to the City within thirty(30)days
of the installation of the Facilities. Upon written request of the City,Franchisee shall update such
map to reflect actual or anticipated improvements to the system. Any such map(or update thereof)
so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake
any specific improvements,nor shall such map be construed as a proposal to undertake any specific
improvements.
5.2 GIS Data.At such time as Franchisee develops or employs Geographic Information
System ("GIS") technology, Franchisee shall submit the information required in Subsection 5.1
above in digital GIS format,showing the location of its Facilities within the Franchise Area.
5.3 ?csi An Markings, In the event the City desires to design new streets or intersections,
renovat e existing streets, or make any other public improvements,
Franchisee shall at the City of
Federal Way's reasonable request,provide the location of Franchisee's underground Facilities within
the Franchise Area by either field markings or by locating the Facilities on the City's design
drawings,and shall provide all other reasonable cooperation and assistance to the City.
Section 6. Noninterference of Facilities
Franchisee agrees to maintain its Facilities and perform any and all activities authorized by
this Franchise: (1) so as not to unreasonably interfere with the free passage of traffic; (2) in
accordance with the laws of the State of Washington and City Code requirements, franchise
provisions,regulations,resolutions and rules,as now existing or as hereafter amended;and(3)as
required by the Director. This requirement applies whether or not the work is performed by the
Franchisee,its agents,employees,subcontractors,or other third parties at Franchisee's direction.
ORD#05-489,PAGE 4
Section 7. Requirement to Obtain Permits
7.1 Permits and Permit Applications.
Franchisee shall,at its expense,obtain all permits,(including rights-of-way permits),and pay
all permit fees required by applicable City ordinances,regulations,resolutions and rules prior to
commencing any work within the Franchise Area. Franchisee permit applications shall show the
position and location of the proposed facilities to be constructed,laid,installed,or erected at that
time, show their relative position to existing rights-of-way or property lines upon prints drawn to
scale, designate rights-of-way by their names and improvements, such as, but not limited to,
sidewalks,curbs,gutters,shoulders of roadway,ditches,paved roadways,roadways to property lines,
turnouts,parking strips, telephone or electric distribution poles, and water pipes existing on the
ground to be occupied,or as required by the Director. The Franchisee shall specify the class and type
of materials to be used,equipment to be used,and mode of safeguarding and facilitating the public
traffic during construction. Materials and equipment shall be in new or Like-new condition for its
type and kind. The manner of excavation, construction, installation, back fill, and temporary
structures such as,but not limited to,traffic turnouts and road obstructions shall meet the standards
of the FWCC and be satisfactory to the Director. All traffic control shall be in accordance with the
right-of-way permit,and shall be in accordance with the Manual on Uniform Traffic Control Devices
(MUTCD). The Franchisee shall indicate on any permit application the time needed to complete the
work. The time needed to complete the work is subject to approval by the City as a condition of the
issuance of the permit or approval.
7.2 Emergency Exception to Permit Requirement.
In the event of an emergency in which Franchisee's Facilities within the Franchise Area are in
a condition as to immediately endanger property, or the life, health or safety of any individual,
OR D#45-489 PAGE 5
Franchisee may take action immediately to correct the dangerous condition without first obtaining
any required permit so long as: (1) Franchisee informs the City of nature and extent of the
emergency,and the work to be performed, prior to commencing the work;and(2)such permit is
obtained by Franchisee as soon as practicable following cessation of the emergency.
Section S. Standard of Performance
The Franchisee shall not excavate for a distance of more than one hundred feet(100)without
immediately backfilling and compacting to surface grade and city standards. Backfilled trench areas
within a driving lane must be patched,either temporarily or permanently,before the end of the work
day in which they have been opened. Trench areas within the right-of-way,but not within a driving
lane,must also be patched within the time limits specified by the City on the right-of-way use permit.
Final surface restoration shall be completed within thirty(30)days and shall be equal to or better
than the surface condition prior to permit issuance.
Any asphalt overlay completed within the Franchise Area during the five(5)year-period
immediately prior to the date of permit application shall not be open cut by Franchisee unless
required by an emergency and subject to the provisions of Subsection 7.2 above. Franchisee shall
install new asphalt overlay on any street that is open cut,whether in an emergency or otherwise,for a
minimum of one(I)block(approximately 500 feet)in length in both directions from the open cut,
unless determined otherwise by the Director.
Within fifteen(15)days of completion of any installation of Franchisee's Facilities within the
Franchise Area,Franchisee shall submit to the Director plans,stamped by a Professional Engineer
licensed by the State of Washington,showing the"as-built"location of the Facilities.
Section 9. Survey Markers and Monuments
Franchisee shall,using a licensed surveyor,immediately replace all markers or monuments
ORD#05-489,PAGE 6
disturbed during any work by Franchisee within the Franchise Area.Franchisee shall pay all costs
associated with such lost,destroyed or disturbed monuments or markers.
Section 10. Surface Markings/Stakes
Prior to Franchisee commencing any excavation work within the Franchise Arca,Franchisee
shall reference all monuments and markers relating to subdivisions, plats, highways, and other
surveys. The reference points shall be located so that they shall not be disturbed during the
Franchisee's operations under this Franchise. The method of referencing these monuments or other
points shall be approved by the City before placement. The construction shall be made as
expeditiously as conditions permit, and as directed by the City. The cost of monuments or other
markers lost,destroyed, or disturbed,and the expense of replacement of the monuments,shall be
borne solely by the Franchisee. A complete set of reference notes for monuments and other ties shall
be filed with the City.
Section 11. Right of City to Complete Work,
In the event Franchisee fails to comply with any applicable federal, state or City laws,
ordinances, rules, regulations or standards or with any of the terms of this Franchise, and such
noncompliance continues for a period of ten(10)days after Franchisee receives written notice from
the City regarding the noncompliance,the City may,but in no event is the City obligated to,order
any work completed, including without limitation Franchisee's obligation to repair pursuant to
Section 13 herein and Franchisee's obligation to remove or relocate facilities pursuant to Section 12
herein. if the City causes such work to be done by its own employees or by any person or entity
other than Franchisee,Franchisee shall,upon the City's written request,immediately reimburse the
City for all reasonable costs and expenses incurred by the City in having such work performed,
which costs may include the City's reasonable overhead expenses and attorneys fees. However,the
ORD 405-489,PAGE 7
City shall not have any electrical work accomplished by any person or entity other than Franchisee or
a qualified and licensed electrical contractor.
Section 12. Reouired Relocation of Facilities
12.1 City Reservation of Rights. The City reserves the right to use,occupy and enjoy all or
any part of the Franchise Area,either above,below,or adjacent to the Facilities,for any purpose that
is not inconsistent with the terms and conditions of this Franchise. The rights reserved herein
include,without limitation,the construction,installation,and/or maintenance of any electrical,water,
sewer or storm drainage line,traffic signals,street lights,trees,landscaping,bicycle paths and lanes,
equestrian trails,sidewalks,other pedestrian amenities,and other public street improvement projects.
This Franchise is not an exclusive Franchise and shall not be construed to in any manner
prohibit the City from granting other and further Franchises in, under,over, upon, and along the
Franchise Area,nor from exercising such other powers and authorities granted to the City by the
Washington State Constitution and general law.
12.2 City's Duties. •ln the event the City undertakes any work, including necessary
maintenance within a right-of-way in which Franchisee's facilities are located, and such work
necessitates the relocation of Franchisee's then existing Facilities within the Franchise Area,the City
shall:
(a) Provide written notice of the required relocation to Franchisee within a
reasonable time prior to the commencement of such City work;and
(b) Provide Franchisee with copies of pertinent portions of the City's plans and
specifications so that Franchisee may relocate its Facilities to accommodate the City work.
Nothing in this section shall be construed as to relieve Franchisee of its duty and obligation to
relocate its Facilities,at Franchisee's sole cost,for any improvement project undertaken by,or on
ORD#05-489,PAGE 8
behalf of,the City in the interest of public health, safety, welfare, necessity or convenience, as
adjudged in the sole discretion of the City.
123 Franchisee's Duties. Within thirty (30) days of receipt of the City notice under
Subsection 12.2(a) requiring relocation and receipt of the plans and specifications pursuant to
Subsection 1 2.2(b);Franchisee shall raise,lower,or move such Facilities within the Franchise Area
at its sole cost and expense to the location or position directed by the City, to cause the least
interference with the improvement,repair,or alteration contemplated by the City and to conform to
such new grades as may be established. If the City improves a right-of-way,Franchisee shall,at its
sole cost and expense,upon receipt of notice,replace the Facilities located in the improved subgrade
of the improvement with substitute Facilities conforming to the specifications for the improvement
of the right-of-way.
12.4 The provisions of this Section shall in no manner preclude or restrict the Franchisee
from making any arrangements it may deem appropriate when responding to a request for relocation
of its Facilities by any person or entity other than the City,where the Facilities to be constructed by
said person or entity are not or will not become City-owned, operated or maintained Facilities;
provided that such arrangements do not unreasonably delay a City improvement project.
Section 13. Damage Repair
In case of damage by the Franchisee, its agents or employees or by the Facilities of the
Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of-
way,the Franchisee agrees to repair the damage at its own cost and expense_ The Franchisee shall,
upon discovery of any such damage,immediately notify the City. The City will inspect the damage,
and set a time limit for completion of the repair. If the City discovers damage caused by the
Franchisee to rights-of-way,or to public and private improvements within or adjacent to rights-of-
ORD#05-489,PAGE 9
way, the City shall give the Franchisee notice of the damage and set a time limit in which the
Franchisee must repair the damage. In the event the Franchisee does not repair a right-of-way or an
improvement as required in this section,the City may repair the damage pursuant to Section 11 of
this Agreement.
Section 14. Default
14.1 Notice of Default. In addition to other remedies set forth herein,if Franchisee shall
fail to comply with any of the provisions of this Franchise,the City may serve a written notice to
Franchisee ordering such compliance and Franchisee shall have sixty(60)days from the receipt of
such notice in which to comply.
14.2 Revocation of Franchise.If Franchisee is not in compliance with this Franchise after
the expiration of the sixty (60) day period, the City may, by resolution, declare the franchise
immediately revoked.
Section 15. Limited Rights
This Franchise is intended to convey only a limited right and interest to Franchisee in the
Franchise Area. This Franchise is not a warranty of title or conveyance of any ownership interest in
or to the Franchise Area to Franchisee.
Section 16. Eminent Domain
The existence of this Franchise shall not preclude the City from acquiring by condemnation,
in accordance with applicable law,all or a portion of Franchisees Facilities within the Franchise Area
for the fair market value thereof. In determining the value of such Facilities, no value shall be
attributed to the right to occupy the Area conferred by this Franchise.
Section 17. Vacation
If at any time the City,by ordinance,vacates all or any portion of the Franchise Area,the City
ORI)#05-489,PAGE 10
will not be liable for any damages or loss to the Franchisee by reason of such vacation.The City shall
noti iv I:ranchisee in writing not less than 30 days before vacating all or any portion of the Franchise
Area. The City may,after thirty(30)days written notice to Franchisee,terminate this Franchise with
respect to any such vacated area.
Section 18. Compliance with Laws
18.1 General. Franchisee shall comply with all applicable federal, state and City laws,
franchises,resolutions,regulations,standards,policies and procedures,as now existing or hereafter
amended or adopted, including without limitation the State Environmental Policy Act;provided,
however,that if any term or condition of this Franchise and any term or condition of any City law,
code,franchise,resolution,regulation,standard,procedure,permit or approval are in conflict,the
term or condition of this Franchise will control.
18.2 Future city of Federal Way Regulation. Franchisee acknowledges that the City may
develop rules,regulations,ordinances and specifications for the use of the right-of-way which shall
govern Franchisee's Facilities and activities hereunder as if they were in effect at the time this
Franchise was executed by the City and Franchisee covenants and agrees to be bound by same.
Section 19. Guarantee
Franchisee shall guarantee work completed by the Franchisee under this Franchise for a
period of 10 years against settlement or repair.
Section 20. Charge for Administrative Costs
Franchisee agrees to pay a fee or a charge to recover the actual reasonable administrative
expenses incurred by the City that are directly related to preparing and approving this Franchise.
Nothing herein shall preclude the City from charging administrative fees or recovering any
administrative costs incurred by the City in the approval of permits or in the supervision,inspection
ORD#05-489,PAGE 11
or examination of all work by Franchisee in the Franchise Area as prescribed in accordance with
applicable provisions of the Federal Way City Code.
Section 21. Indemnification
Franchisee agrees to indemnify and hold harmless and defend the City,its elected officials,
officers,employees,agents,and volunteers from any and all claims,demands,losses,actions and
liabilities(including costs and all attorney fees)to or by any and all persons or entities,including,
without limitation,their respective agents,licensees,or representatives,arising from,resulting from,
or connected with this Franchise to the extent caused in part or in whole by the acts, errors or
omissions of the Franchisee, its officers, partners, shareholders, agents, employees, or by the
Franchisee's breach of any provisions of this Franchise;provided,however,that this section shall not
be construed as requiring Franchisee to indemnify,hold harmless or defend the City against claims or
damages arising from the negligence of the City,its agents or employees. In the event any claim,
demand, suit or action is commenced against the City that gives rise to Franchisee's obligation
pursuant to this Section 21,the City shall promptly notify Franchisee thereof.Franchisee's selection
of an attorney to defend any such claim, demand, suit or action shall be subject to the City's
approval,which shall not be unreasonably withheld. Franchisee shall not settle or compromise any
such suit or action except with prior written consent of the City,which shall not be unreasonably
withheld. The City shall have the right at all times to participate through its own attorney in any suit
or action which arises pursuant to this Franchise when the City determines that such participation is
required to protect the interest of the City or the public. In the event it is determined that RCW
4.24.115 applies to this Franchise,Franchisee agrees to defend,hold harmless and indemnify the
City to the maximum extent permitted thereunder,to the full extent of Franchisee's negligence.
ORD#05-489,PAGE 12
Section 22. Insurance
22.1 Minimum Limits. The Franchisee agrees to carry as a minimum, the following
insurance,in such forms and with such carriers as are satisfactory to the City.
(a) Workers compensation and employer's liability insurance in amounts
sufficient pursuant to the laws of the State of Washington;
(b) Commercial general liability insurance with combined single limits of liability
not less than $5,000,000 for bodily injury, including personal injury or death, products
liability,contractual coverage, operations,explosion, collapse, underground and property
damage;and
(c) Automobile liability insurance with combined single limits of liability not less
than$5,000,000 for bodily injury,including personal injury or death and property damage.
22.2 Mandatory Insurance Provisions.The comprehensive general liability insurance and
automobile liability insurance polities shall be endorsed to contain the following provisions:
(a) The City, its officers, elected officials,employees,and volunteers are to be
named as additional insured;
(b) Coverage shall apply separately to each insured against whom claim is made
or suit is brought,except with respect to the limits of the insurer's liability;
Coverage shall not be suspended,canceled,modified or reduced except after thirty(30)days
prior written notice to the City delivered by certified mail,return receipt requested;and Coverage
shall be primary as to the City,its officers,officials,employees and volunteers.Any insurance or
self-insurance by the City, its officers, officials, employees or volunteers shall be in excess of
Franchisee's required insurance:
ORD#05-489,PAGE 13
22.3 Verification of Coverage. Franchisee shall furnish the City with certificates of
insurance and original endorsements evidencing the coverages required by this Section. The
certificates and endorsements shall be signed by a person authorized by the insurer to bind coverage
on its behalf and must be received and approved by the City prior to the commencement of any work.
At the City's request,Franchisee shall deliver certified copies of all required insurance policies.
Section 23. Bond
Franchisee shall post a bond before commencing any work within the City to guarantee
performance of construction,maintenance or repair in accordance with any permits required by this
Franchise. Procedures for submission and release of the bond shall be as provided in FWCC
Sections 22-146 and 22-175 or as otherwise provided in the City Code. In the event that the
Franchisee fails to perform as required herein or by any permits required,the City may perform the
work as provided herein,and may have recourse to the bond in addition to or in lieu of the remedies
provided herein,at the City's sole discretion.
Section 24.' General Provisions
24.1 Entire Agreement.This Franchise contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Franchise and no prior agreements or
understandings pertaining to any such matters shall be effective for any purpose.
24.2 Modification. No provision of this Franchise may be amended or added to except by
agreement in writing signed by both of the Parties.
24.3 Assignment.Franchisee shall not have the right to transfer or assign,in whole or in
part,any or all of its obligations and rights hereunder without the prior written consent of the City.
Any assignee shall, within thirty (30) days of the date of any approved assignment,file written
notice of the assignment with the City together with its written acceptance of all terms and conditions
ORD#05-489,PAGE 14
of this Franchise.Notwithstanding the foregoing,Franchisee shall have the right,without such notice
or such written consent,to mortgage its rights,benefits and privileges in and under this Franchise to
the Trustee for its bondholders.
24.4 Attorney Fees. In the event the City or the Franchisee defaults on the performance of
any terms in this Franchise,and the Franchisee or the City places the enforcement of the Franchise or
any part thereof or for the collection of any monies due,or to become due hereunder,in the hands of
an attorney, or files suit upon the same, the prevailing party shall be entitled to an award of all
reasonable attorneys'fees,costs and expenses.The venue for any dispute related to this Franchise
shall be King County,Washington.
24.5 No Waiver.Failure of either party to declare any breach or default by the other party
immediately upon the occurrence thereof,or delay in taking any action in connection therewith,shall
not waive such breach or default, but such party shall have the right to declare any such breach or
default at any time.Failure of either party to declare one breach or default does not act as a waiver of
such party's right to declare another breach or default.
24.6 Governing Law. This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
24.7 Authority. Each individual executing this Franchise on behalf of the City and
Franchisee represents and warrants that such individual is duly authorized to execute and deliver this
Franchise on behalf of the Franchisee or the City.
24.8 Notices.Any notices required to be given by the City to Franchisee or by Franchisee
to the City shall be delivered to the parties at the following addresses:
01W#05-489,PAGE 15
Franchisee: City:
Christian Faith Center City of Federal Way
Attn:Ellen Kenison Attn: City Attorney
PO Box 98600 33325 8th Avenue South
•
Seattle,WA 98198 P.O. Box 9718
Federal Way,WA 98063
Any notices may be delivered personally to the addressee of the notice or may be deposited in
the United States mail,postage prepaid,to the address set forth herein.Any notice so posted in the
United States mail shall be deemed received three(3)days after the date of mailing.
24.9 Captions.The respective captions of the sections of this Franchise are inserted for
convenience of reference only and shall not be deemed to modify or otherwise affect in any respect
any of the provisions of this Franchise.
24.10 Remedies Cumulative.Any remedies provided for under the terms of this Franchise
are not intended to be exclusive but shall be cumulative with all other remedies available to the City
at law,in equity or by statute.
Section 25. Severabilrty
If any section,sentence, clause, or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction,such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise.
Section 26. Ratification
Any act consistent with the authority and prior to the effective date of this Franchise is hereby
ratified and affirmed.
Section 27. Effective Date
This ordinance shall take effect and be in force 30 days from the time of its final passage,as
ORD#05-489,PAGE 16
provided by law,provided it has been duly accepted by Franchisee as herein provided.above.
PASSED by the City Council of the City of Federal Way this 17th day of
May ,20 05
CITY OF FEDERAL WAY
72
°YOR,DE'41 MCCOLGAN
EST:
f . ; ..ur`rame
CIT CLERK,N.CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY,PATRICIA A.RICHARDSON
FILED WITH THE CITY CLERK: 4/27/2005
PASSED BY THE CITY COUNCIL: 5/17/2005
PUBLISHED: 5/21/2005
EFFECTIVE DATE: 6/16/2005
ORDINANCE NO.: 05-489
ACCEPTANCE:
ORD# 05-489 ,PAGE 17
ACCEPTANCE:
The undersigned hereby accepts all the rights and privileges of the above granted License and
acknowledges that such rights and privileges are subject to and limited by all of the terms,conditions
and obligations contained therein.
DATED this day of , 2005.
CHRISTIAN FAITH CENTER
By:Casey Treat
Its:President
K:\(KNFranchise1Franehise Fedrac 4.26.05
ORD#05-489,PAGE l8
cn t la 114..
114r Ihr.
moo°
�m Gzr
- 7 F. -I c
Drrim ZCq
' D D
r i :C %U � C
+ 4 13
.
rn
Via 23
a
®- as�mw,a.i vu�T+= r � m
Ii
� ) r ,,
-
z
- ---
f - v fry �_, ,�
a - m S° p
'r` XI
P .;
-
AVENUE 4f„..._9 0 ? a s -n s » c _� „
L mm0
rn
1 \III
r+ Z7
r-_
D w /1s, s ilk
Q ---
et era,:-,x 1�
�.' .t,L3�mot,s�t�`i��'��'=W'� � ,.E=.�t t I ows-
i 1t am
Z
1
Scb 0 0O �0O t - r^ o
—I aZ a 00�K 4","f.' ! a
I z z ;• r+ cn -� rn to 0
— o r,1 Itil t $
v
P. CI
r-T p i,,
O O c- Ai
°' Z `lmDr-
m
P Z
4 0 *ill � • g
o+-ta .e�e+rnc.
1ID 91`t9 NJman ""�.
COVENT We"'':Aittw.irin Abbey Road Group lLC Kai me
e~eit Land Development Company Christian Faith Center Christian Faith Center
Conduit Plan View
—
923 SHAW ROAD,SUITE A Exhibit A.1
1Q k"aM PUYALluP WA 98372
F 0 Mr NIT
P 0 tau 707,Nn, ',,f)WA 1 31,t
At r t f1tpYay.,WA9tl]ll
_.. _ i251)<s,fri4M.I,r�, �a:l}ear 3,a., �tv+ns w:w.wn_
'111111 ' N
m
:_..-9 & x -, .. b.
t7
I
lig .., E_.-0
^T� Z•
---�� O
'" 13 -uO cn
lk „o ......
±EE ±TIt
1 °
cn 1 N
r 1 1 "' —�i
7o m O
O
rn
1
sva� �. o‹., * >
v
0 % z" z
rri Li a _
oaZ➢ 1 c N '71
o m- o y 1 —~' _ --1
-C W r ----:---" In 0
). i A i
lb1 1 w. 1 —I
------ \ ,
. .. \
r. a 1
0
*-o 0r i . o
\, . . \
�O to '< r� ° CD 171 X,�J n ++.�. + � a (]
GI= ` •
` f
^v
MOD ercarramann
*CSC f"!............ ._._...__.�..,.._ __..�.._._�. �.._......., --^ R
inP►sttrae.teVewt.ron Abbey Road Group LLC °^4
Y-w Lind Development Company Christian Faith Center Christian Faith Center
,40,4,,,,,,x„ - IJ Jey Conduit Plan View
IS j[) sw�w ROAD,sumE a Exhibit A2
PWALLUP.WA 99372
rAl
1111P 1i P.O.Box 207,PttyaBtgt,WA 98371 P.O.Box 7Di
P4Y?�4
.5344353829.Fax N 4 8.3159 .WA9W7i Fed/ni W ,WA
5.25' MAX COVERAGE fc3 ;c
st; Z RI
3' MIN. COVERAGE G I g
4 i— k t t g�g" '2
mix
,.III—I 11--11 I=I I *XiM� . -7.2‹. 3
i.+iahi `'Z�`
il*ip***.*i `�
0 ce
Ate 1...*� -R sz i
i!!# D A
S*.****fit _ = z O
C) I /73 I 11414.4§1 ,- > m
!***
**** >tJr d
m
z U 0*i 01
y
*** N ,,
V I .... s.**. �i.*. , • O n
m
K 2Va Q O
1v *0** O 0
i**.# 2 000.4 Ea
-i C. ° ..0, a z
_, ®
100.04 D
il G!x a 0 '*0 z ia** a m s
001040 '. Z i...d
..**: n
PI
1
111***!p*14kk.9> ;- -t
: ° Or" 0 m
t40•001 I
0 . 4!.41 x4 -
I 1 *0 :
1...4� -
1.00$1 1 '.t*#*
****% ,
M 0.10.7 40014 in
.d. 40014
III i 3.*�s�
—I I 12" DIAMETER *4,�**�+i .;
= STORM PIPE 1 w l To irull-_-.7'
z
co CO NI--I DA lit/fc
mc
-" a
z'`L is � „ a� M sg
oo w ' m a.o
a 1 0.I-
II i 14
1 ...E O
1111 CO 8Y GI Nulenurn
NOMMOOMMMW
AVM 0044.0.wtwn.., Abbey Road Group LW ." n.
O'er Land Development Company Christian Faith Center Christian Faith Center
,,,,;�,� Conduit Section View AbbeyRoad 923 SHAW ROAD.sUm:A Exhibit A.3
v.:**
p ?o° PUYALLUP,WA 98372
.11 P.O.Sox 207,Puya6up,WA 98371 P.O.eox 207
ti s PWY+wa WA9B37f
/86.3619,Fax 253 IA6 JS5J Ftldetgl VYayt,WA
- ..�,_ —. -�-�-.._-_. . 00__00__.__ ,.. _�.-,__-..._..._._.
,_ ..
... .�...,.,.. r��._' 0000