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ORD 15-792 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. 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