HomeMy WebLinkAboutOrdinance 2025-04, Intermountain Franchise AgreementCity of East Wenatchee
Ordinance 2025-04 and Exhibit A
Page 1 of 3
City of East Wenatchee, Washington
Ordinance No. 2025-04
An Ordinance of the City of East Wenatchee granting a non-exclusive
Franchise to Intermountain Infrastructure Group, LLC to construct,
maintain, repair, or remove fiber optic cable within the public right of
ways of the City of East Wenatchee.
Una ordenanza de la Ciudad de East Wenatchee que otorga una
franquicia no exclusiva a Intermountain Infrastructure Group, LLC
para construir, mantener, reparar o retirar cable de fibra óptica dentro
de los derechos de la vía pública de la Ciudad de East Wenatchee.
1.Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en
voz alta, etc.), comuníquese con la administradora municipal al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2.Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly
incorporated and operating under the laws of the State of Washington.
3.Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt
ordinances of all kinds to regulate its municipal affairs and appropriate to
the good government of the City.
3.2. RCW 35A.47.040 authorizes the City to grant franchises for the use of its
streets, public right of ways, and properties.
4.Purpose. The purpose of this ordinance is to facilitate good coordination of the
use of rights-of-way between the City and Franchisee.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS
FOLLOWS:
5.Action. The City Council authorizes the Mayor to enter into a non-exclusive
Franchise Agreement as described in Exhibit A of this Ordinance.
6.Findings of Fact. The City Council adopts as its findings of fact the recitals
set forth above.
7.Repeal. The City Council repeals those provisions of any ordinance that are in
conflict with the language of this Ordinance.
City of East Wenatchee
Ordinance 2025-04 and Exhibit A
Page 2 of 3
8.Severability. If a court of competent jurisdiction declares any provision in this
Ordinance to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Ordinance.
9.Publication. The City Council directs the City Clerk to publish a summary of this
Ordinance. The summary shall consist of the title of this Ordinance. The City
Council directs the City Clerk to publish a copy of this Ordinance on the City’s
website.
10. Effective Date. This Ordinance becomes effective May 28, 2025.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on
this 6th day of May, 2025.
The City of East Wenatchee,
Washington
By _________________________________
Jerrilea Crawford, Mayor
Authenticated:
_____________________________________
Anna Laura Leon, City Clerk
Approved as to form only:
_____________________________________
Bob Siderius, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
05-22-2025
05-28-2025
04-10-2025
05-06-2025
Jerrilea Crawford (May 19, 2025 12:28 PDT)
Jerrilea Crawford
City of East Wenatchee
Ordinance 2025-04 and Exhibit A
Page 3 of 3
Summary of Ordinance No. 2025-04
Of the City of East Wenatchee, Washington
On the 6th day of May, 2025, the City Council of the City of East Wenatchee,
Washington approved Ordinance No. 2025-04, the main point of which may be
summarized by its title as follows:
An Ordinance of the City of East Wenatchee granting a non-exclusive
Franchise to Intermountain Infrastructure Group, LLC to construct,
operate, maintain, repair, or remove fiber optic cable within the public
right of ways of the City of East Wenatchee.
The full text of this Ordinance is available at www.eastwenatcheewa.gov.
Dated this 6th day of May, 2025.
_____________________________
Anna Laura Leon, City Clerk
Franchise Agreement
Page 1
FRANCHISE AGREEMENT
This Franchise Agreement ("Franchise") is entered into between the CITY
of EAST WENATCHEE, WASHINGTON, a municipal entity ("Grantor"), and
INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC, a Delaware limited liability company
("Grantee").
RECITALS.
A. Grantor is a municipal entity located in Douglas County, state of Washington.
B. Grantee is a corporation licensed to conduct business in the state of Washington.
C. Grantee is involved in placement of telecommunications infrastructure for
delivery of high-speed fiber-optic information and communication services to
residents and businesses located in Douglas County, Washington and elsewhere.
D. Grantee desires to place high-speed fiber-optic cables and other appurtenant
facilities within certain of the rights-of-way owned and/or under the control of
Grantor.
E. Grantor is willing to provide a franchise agreement to Grantee for placement,
operation, repair and maintenance of the fiber-optic cables on the terms and
conditions set forth in this Agreement.
Grantor and Grantee have complied with all federal and State-mandated procedural and
substantive requirements pertinent to this grant of franchise;
NOW THEREFORE, Grantor and Grantee agree as follows:
SECTION 1
Definition of Terms
1.1 Terms. For the purpose of this franchise the following terms, phrases, words and
their derivations shall have the meaning ascribed to them in the 1934 Communications Act, as
amended by the 1996 Telecommunications Act, 47 USC 151, etc. Seq. (the “Telecom-
munications Act”), unless otherwise defined herein. When not inconsistent with the context,
words used in the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number. The word "shall"
is mandatory and "may" is permissive. Words not defined shall be given their common and
ordinary meaning.
B. "Board/Council" shall mean the governing body of the Grantor.
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 2
D. "FCC" shall mean the Federal Communications Commission and any successor
governmental entity thereto.
E. "Franchise" shall mean the non-exclusive rights granted pursuant to this Franchise
to construct operate and maintain a telecommunications system, within the public
ways or within all or a specified area in the Service Area.
G. "Person" shall mean an individual, partnership, association, organization,
corporation, trust or governmental entity.
H. "Service Area" shall mean the geographic boundaries of the franchise authority,
and shall include any additions thereto by annexation or other legal means.
I. "State" shall mean the State of Washington.
J. "Street" shall include each of the following located within the Service Area:
public streets, roadways, highways, bridges, land paths, boulevards, avenues,
lanes, alleys, sidewalks, circles, drives, easements, rights of way and similar
public ways and extensions and additions thereto, including but not limited to
public utility easements, dedicated utility strips, or rights-of-way dedicated for
compatible uses now or hereafter held by the Grantor in the Service Area, which
shall entitle the Grantee to the use thereof for the purpose of installing, operating,
repairing and maintaining a telecommunications system.
SECTION 2
Grant of Franchise
2.1 Grant. The Grantor grants to the Grantee a nonexclusive Franchise which
authorizes the Grantee to construct, install, operate and maintain under the Streets, now in
existence and as may be created or established during its term; any wires, fiber optic cable,
underground conduits, manholes, and other conductors and fixtures necessary for the
maintenance and operation of a telecommunications system. Nothing in this Franchise shall be
construed to prohibit the Grantee from offering any service over its telecommunications system
that is not prohibited by federal, State or local law.
2.2 Term. The Franchise and the rights, privileges and authority hereby granted shall
be for an initial term of ten (10) years, commencing on the Effective Date of this Franchise as set
forth in Section 11.10. This Franchise will be automatically extended for an additional term of
five (5) years from the expiration date as set forth in Section 11.10, unless either party notifies
the other in writing of its desire to not exercise this automatic extension at least one (1) year
before the expiration of this Franchise.
2.3 Police Powers and Conflicts with Franchise. The Grantee agrees to comply
with the terms of any generally applicable state statutes or local ordinances necessary to the
safety, health, and welfare of the public which are lawfully adopted by the Washington
legislature or pursuant to the Grantor's general police power. This includes compliance with
RCW 35A.47 as it exists or as amended. This Franchise is a contract and except as to those
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 3
changes which are the result of the Grantor's lawful exercise of its general police power, the
Grantor may not take any unilateral action which materially changes the explicit mutual
promises in this contract. Any changes to this Franchise must be made in writing signed by the
Grantee and the Grantor. In the event of any conflict between this Franchise and any state statute,
Grantor ordinance or regulation that has the effect of limiting the benefits or expanding the
obligations of the Grantee that are granted by this Franchise, this Franchise will prevail, except
as to those statutes, ordinances and regulations which are the result of the state or Grantor's
lawful exercise of their general police power.
SECTION 3
Franchise Renewal
3.1 Procedures for Renewal. The Grantor and the Grantee agree that any
proceedings undertaken by the Grantor that relate to the renewal of the Grantee's Franchise shall
be governed by and comply with the provisions of the Telecommunications Act, or any such
successor statute.
SECTION 4
Indemnification and Insurance
4.1 Indemnification. The Grantee shall, by acceptance of the Franchise granted
herein, defend the Grantor, its officers, boards, commissions, agents, and employees for all
claims for injury to any Person or property caused by the negligence of Grantee in the
construction or operation of its telecommunications system and in the event of a determination of
liability shall indemnify and hold Grantor, its officers, boards, commissions, agents, and
employees harmless from any and all liabilities, claims, demands, or judgments growing out of
any injury to any Person or property as a result of the negligence of Grantee arising out of the
construction, repair, extension, maintenance, operation or removal of its wires, or other
equipment of any kind or character used in connection with the operation of the
telecommunications system, provided that the Grantor shall give the Grantee written notice of its
obligation to indemnify the Grantor. In the event any such claim arises, the Grantor shall tender
the defense thereof to the Grantee and the Grantee shall have the right to defend, settle or
compromise any claims arising hereunder and the Grantor shall cooperate fully herein. If the
Grantor determines in good faith that its interests cannot be represented by the Grantee, the
Grantee shall be excused from any obligation to represent the Grantor. Notwithstanding the
foregoing, the Grantee shall not be obligated to indemnify the Grantor for any damages, liability
or claims resulting from the willful misconduct or negligence of the Grantor or for the Grantor's
use of the telecommunications system. It is expressly agreed and understood that this
indemnification of actions is limited solely to claims against the Grantor by virtue of Grantee’s
exercise of the rights set forth in this Franchise.
4.2 Insurance.
A. The Grantee shall maintain throughout the term of the Franchise insurance in
amounts at least as follows:
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 4
Workers' Compensation Statutory Limits
Commercial General Liability $2,000,000 per occurrence,
Combined Single Limit (C.S.L.)
$5,000,000 General Aggregate
Auto Liability including coverage on $2,000,000 per occurrence C.S.L.
all owned, non-owned hired autos
Umbrella Liability $1,000,000 per occurrence C.S.L.
B. The Grantor shall be added as an additional insured, arising out of work
performed by Grantee, to the above Commercial General Liability, Auto Liability
and Umbrella Liability insurance coverage.
C. The Grantee shall furnish the Grantor with current certificates of insurance
evidencing such coverage upon request.
SECTION 5
Construction and Technical Standards
5.1 Compliance with Codes. All construction practices and installation of equipment
shall be done in accordance with all applicable sections of the National Electric Safety Code and
the Manual for Uniform Traffic Control Devices.
5.2 Construction Standards and Requirements. All of the Grantee's plant and
equipment, including but not limited to any antenna site, head end and distribution system,
towers, house connections, structures, poles, wire, fiber optic cable, coaxial cable, conduit,
fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed,
replaced, removed, repaired, maintained and operated in accordance with good engineering
practices and performed by experienced maintenance and construction personnel.
5.3 Underground Construction. Grantee shall comply with generally applicable
non-discriminatory local ordinances related to right-of-way construction. Grantee shall restore
the public way to pre-construction condition or better. Grantee shall restore all landscaping as
close to preconstruction condition as possible. Grantee, at its expense, shall make changes or
repairs as directed by the Grantor, in the event that any work done by Grantee interferes with any
other previously authorized user of the Grantor’s public ways or with the drainage of the
Street(s). Grantee is responsible for the costs of any damages to the Street(s) caused by its work
and shall work with the Grantor to mitigate such damages, when possible. Grantee agrees to pay
all costs and expenditures required on Rights-of-Way as a result of settling, subsidence, or any
other need for repairs or maintenance resulting from excavations made by Grantee for necessary
trench patch maintenance until the next paving job. If Grantee fails to undertake such repairs as
herein provided, Grantor may perform the repairs at Grantee's expense.
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 5
5.4 Safety. The Grantee shall at all times employ ordinary care and shall use
commonly accepted methods and devices preventing failures and accidents which are likely to
cause damage.
SECTION 6
Conditions on Street Occupancy
6.1 General Conditions. Grantee shall have the right to utilize any of Grantor’s
existing poles, conduits and other facilities whenever possible, and shall not construct or install
any new, different, or additional poles, conduits, or other facilities on public property without
obtaining all legally required permits of the Grantor.
6.2 Underground Construction. The facilities of the Grantee shall be installed
underground in those Streets where existing telephone and electric services are both underground
at the time of system construction. In areas where either telephone or electric utility facilities are
installed aerially at the time of system construction, the Grantee may install its facilities aerially
with the understanding that at such time as the existing aerial facilities are required to be placed
underground by the Grantor, the Grantee shall likewise place its facilities underground. In the
event that any cable, telephone or electric utilities are reimbursed by the Grantor or any agency
thereof for the placement of cable underground or the movement of cable, Grantee shall be
reimbursed upon the same terms and conditions as any cable, telephone, electric or other utilities.
6.3 Construction Codes and Permits. Grantee shall obtain all legally required
permits before commencing any work requiring a permit, including the opening or disturbance of
any Street within the Franchise area. The Grantor shall cooperate with the Grantee in granting
any permits required, providing such grant and subsequent construction by the Grantee shall not
unduly interfere with the use of such Streets. The Grantee shall adhere to all permitting, building
and zoning codes currently or hereafter applicable to construction, operation or maintenance of
the telecommunications system, provided that such codes are of general applicability and such
codes are uniformly and consistently applied by the Grantor as to other public utility companies
and other entities operating in the City. In case of emergency repairs, Grantee may commence
repairs prior to Grantee receiving applicable permits from Grantor to protect health, safety or
property. In case of emergency repair or response, Grantee shall (1) contact the Grantor as
quickly after becoming aware of the emergency as possible; (2) take all necessary and prudent
steps to protect, support, and keep safe from harm its facilities, or any part thereof; and (3) as
soon as possible thereafter, must obtain the requirement permits and comply with any mitigation
requirements or other conditions in the after the fact permit.
6.4 System Construction. All transmission lines, equipment and structures shall be
so installed and located as to not unreasonably interfere with the rights and reasonable
convenience of property owners or others with easements rights, and at all times shall be kept
and maintained in a safe, adequate and substantial condition, and in good order and repair. The
Grantee shall, at all times, employ ordinary care and use commonly accepted methods and
devices for preventing failures and accidents which are likely to cause damage, injuries, or
nuisances to the public. Suitable barricades, flags, lights, flares or other devices shall be used at
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 6
such times and places as are reasonably required for the safety of all members of the public. Any
poles or other fixtures placed in any public way by the Grantee shall be placed in such a manner
as not to interfere with the usual travel on such public way.
Grantee shall provide three (3) days advance notice of any construction to occur within
the Grantor’s Streets. Grantor shall have the right to monitor any work being performed. In the
event that Grantor determines that construction being performed is not being performed
consistent with the terms of this Agreement, Grantor shall notify Grantee. In the event Grantee
fails to take remedial action, Grantor may order a suspension of work until the dispute over
construction practices is resolved under section 13 below. Grantee shall ensure that the worksite
is in a condition, during suspension, such that it is in a safe condition and does not unreasonably
interfere with authorized users or the Street.
Upon completion of construction, and no later than thirty (30) days after substantial
completion, Grantee shall provide Grantor with as-built drawings for all construction undertaken
under this Agreement, if requested by Grantor.
6.5 Restoration of Public Ways. Whenever necessary, after construction or
maintenance of the telecommunications system within a right-of-way, Grantee shall, without
delay, and at Grantee's sole expense, remove all debris and restore the right-of-way disturbed by
Grantee as nearly as possible to as good or better condition as it was in before the work began.
Grantee shall replace any property comer monuments, survey reference or equipment that were
disturbed or destroyed by Grantee's work in a right-of-way. Such restoration shall be done in a
manner consistent with applicable codes and laws and to Grantor's satisfaction and specifications
where applicable.
6.6 Removal in Emergency. Whenever, in case of fire or other disaster, it becomes
necessary in the judgment of the Grantor to remove any of the Grantee's facilities and Grantee is
not available to perform the emergency restoration and repair, no charge shall be made by the
Grantee against the Grantor for restoration and repair, unless such acts amount to negligence or
willful misconduct by the Grantor.
6.7 Tree Trimming. Grantee or its designee shall have the authority to trim trees on
public property at its own expense as may be necessary to protect its wires and facilities.
6.8 Relocation for the Grantor. The Grantee shall, upon receipt of reasonable
advance written notice, not less than one hundred and eighty (180) days when reasonably
possible, protect, support, temporarily disconnect, relocate, or remove any property of Grantee
when lawfully required by the Grantor pursuant to its police powers. Grantee shall be responsible
for any costs associated with these obligations to the same extent all other users of the Grantor
rights-of-way are responsible for the costs related to the relocation of their facilities.
6.9 Relocation for a Third Party. The Grantee shall, on the request of any Person
holding a lawful permit issued by the Grantor, protect, support, raise, lower, temporarily
disconnect, relocate in or remove from the Street as necessary any property of the Grantee,
provided that the expense of such is paid by any such Person benefiting from the relocation and
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 7
the Grantee is give reasonable advance written notice to prepare for such changes. The Grantee
may require such payment in advance. For purposes of this subsection, "reasonable advance
written notice" shall be no less than sixty (60) business days in the event of a temporary
relocation, or such notice as is reasonable in the event of an emergency, and no less than one
hundred eighty (180) days for a permanent relocation.
6.10 Reimbursement of Costs. If funds are available to any Person using the Streets
for the purpose of defraying the cost of any of the foregoing, the Grantor shall reimburse the
Grantee in the same manner in which other Persons affected by the requirement are reimbursed.
If the funds are controlled by another governmental entity, the Grantor shall make application for
such funds on behalf of the Grantee.
6.12 Locate. Grantee will comply with RCW Chapter 19.122 and the rules of the
Washington Utility Notification Center (Call 811 - Call Before You Dig) regarding facility
location. Grantee shall respond as required by law to any requests to locate its underground
facilities for purposes of work to be performed within the Streets or otherwise.
SECTION 7
Cost Reimbursement
7.1 Review and Monitoring. Grantee shall reimburse Grantor for all reasonable costs
of Grantor’s review and monitoring of Grantee’s engineering and construction plans as well as
its actual construction.
7.2 Legal Fees. Grantee shall reimburse Grantor for its costs in preparation and
negotiation of this Franchise Agreement, not to exceed $3,000.
7.2 Payment. Grantor shall provide Grantee with an invoice monthly for costs or
legal fees incurred for pursuant to Section 7.2 and for any project review and monitoring fees
pursuant to Section 7.1. Payment of the cost reimbursement shall be made to Grantor within
thirty (30) days of receipt of a detailed invoice provided to Grantee, deemed to be delivered three
days after mailing or same day if emailed.
SECTION 8
Transfer of Franchise
8.1 Franchise Transfer. The Franchise granted hereunder shall not be assigned,
other than by operation of law or to an entity controlling, controlled by, or under common
control with the Grantee, without the prior consent of the Grantor, such consent not to be
unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in
trust, by mortgage or as collateral, by other hypothecation, or by assignment of any rights, title,
or interest of the Grantee in the Franchise or telecommunications system to secure indebtedness
to any financial lender. Within thirty (30) days of receiving a request for transfer, the Grantor
shall notify the Grantee in writing of any additional information it reasonably requires to
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 8
determine the legal, financial and technical qualifications of the transferee. If the Grantor has not
taken action on the Grantee's request for transfer within ninety (90) days after receiving such
request, consent by the Grantor shall be deemed given.
SECTION 9
Records, Reports and Maps
9.1 Records of Telecommunication Facility Locations. Grantee shall maintain full,
current, and complete records showing the exact location and size of facilities in the Streets.
Records should include facilities whether or not still in use, as well as facilities abandoned in
place. These records are subject to inspection by Grantor officials, employees, and agents.
Upon Grantor’s written request, Grantee shall product a copy of these records, or responsive
portion, in hard copy or digital files as prescribed by the Grantor, and at no cost to the Grantor.
SECTION 10
Enforcement or Revocation
10.1 Notice of Violation. If the Grantor believes that the Grantee has not complied
with the terms of the Franchise, the Grantor shall first informally discuss the matter with
Grantee. If these discussions do not lead to resolution of the problem, the Granter shall notify the
Grantee in writing of the exact nature of the alleged noncompliance (the "Violation Notice").
10.2 Grantee's Right to Cure or Respond. The Grantee shall have thirty (30) days
from receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of
noncompliance, or (ii) to cure such default, or (iii) if, by the nature of default, such default
cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default
and notify the Grantor of the steps being taken and the projected date that they will be
completed.
10.3 Disputes. If the Grantee fails to respond to the Violation Notice received from the
Grantor, or if the default is not remedied within the cure period set forth above or such other time
period as agreed upon by the parties, then the parties are free to avail themselves of any other
remedy at law or equity.
10.5 Revocation.
A. Prior to revocation or termination of the Franchise, the Grantor shall give written
notice to the Grantee of its intent to revoke the Franchise on the basis of
noncompliance by the Grantee, including one or more instances of substantial
noncompliance with a material provision of the Franchise. The notice shall set
forth the exact nature of the noncompliance. The Grantee shall have sixty (60)
days from such notice to either object in writing and to state its reasons for such
objection and provide any explanation or to cure the alleged noncompliance. If
the Grantor has not received a satisfactory response from Grantee, it may then
seek to revoke the Franchise at a public hearing. The Grantee shall be given at
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 9
least thirty (30) days prior written notice of such public hearing, specifying the
time and place of such hearing and stating its intent to revoke the Franchise.
B. At the hearing, the Grantor’s City Council shall give the Grantee an opportunity
to state its position on the matter, present evidence and question witnesses, after
which it shall determine whether or not the Franchise shall be revoked. The public
hearing shall be on the record and a written transcript shall be made available to
the Grantee within ten (10) business days. The decision of the City Council shall
be made in writing and shall be delivered to the Grantee. The Grantee may appeal
such determination to the Douglas County Superior Court or the U.S. District
Court for the Eastern District of Washington., which shall have the power to
review the decision of the City Council de novo. The Grantee may continue to
operate the telecommunications system until all legal appeals procedures have
been exhausted.
C. Notwithstanding the above provisions, the Grantee does not waive any of its
rights under federal law or regulation.
D. Upon revocation of the Franchise, Grantee may remove the telecommunications
system from the Streets of the Granter, or abandon the telecommunications
system in place. In the event of removal, the Streets shall be returned to its same
condition before removal, as best as is reasonably practical.
SECTION 11
Miscellaneous Provisions
11.1 Force Majeure. The Grantee shall not be held in default under, or in
noncompliance with the provisions of the Franchise, nor suffer any enforcement or penalty
relating to noncompliance or default, where such noncompliance or alleged defaults occurred or
were caused by circumstances reasonably beyond the ability of the Grantee to anticipate and
control. This provision includes, but is not limited to, severe or unusual weather conditions, fire,
flood, or other acts of God, strikes, work delays caused by failure of utility providers to service,
maintain or monitor their utility poles or other infrastructure to which Grantee's
telecommunications system is attached or contained within, as well as unavailability of materials
and/or qualified labor to perform the work necessary.
11.2 Minor Violations. Furthermore, the parties hereby agree that it is not the
Grantor's intention to subject the Grantee to penalties, fines, forfeitures or revocation of the
Franchise for violations of the Franchise where the violation was a good faith error that resulted
in no or minimal negative impact on the Streets within the city, or where strict performance
would result in practical difficulties and hardship to the Grantee which outweighs the benefit to
be derived by the Grantor and/or its third party users.
11.3 Action of Parties. In any action by the Granter or the Grantee that is mandated or
permitted under the terms hereof, such party shall act in a reasonable, expeditious and timely
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 10
manner. Furthermore, in any instance where approval or consent is required under the terms
hereof, such approval or consent shall not be unreasonably withheld.
11.4 Equal Protection. If any other provider of telecommunications services (without
regard to the technology used to deliver such services) is lawfully authorized by the Grantor or
by any other State or federal governmental entity to provide such services using facilities located
wholly or partly in the public rights-of-way of the Granter, the Grantor shall within thirty (30)
days of a written request from Grantee, modify this Franchise to insure that the obligations
applicable to Grantee are no more burdensome than those imposed on the new competing
provider. If the Grantor fails to make modifications consistent with this requirement, Grantee's
Franchise shall be deemed so modified thirty (30) days after the Grantee's initial written notice.
As an alternative to the Franchise modification request, the Grantee shall have the right and may
choose to have this Franchise with the Grantor be deemed expired thirty (30) days after written
notice to the Grantor. Nothing in this Franchise shall impair the right of the Grantee to terminate
this Franchise and, at Grantee's option, negotiate a renewal or replacement franchise, license,
consent, certificate or other authorization with any appropriate government entity.
11.5 Notices. Unless otherwise provided by federal, State or local law, all notices, reports
or demands pursuant to this Franchise shall be in writing and shall be deemed to be sufficiently
given upon delivery to a Person at the address set forth below, or by U.S. certified mail, return
receipt requested, nationally or internationally recognized courier service such as Federal
Express or electronic mail communication to the designated electronic mail address provided by
Grantor or Grantee. As set forth above, notice served upon the Grantor and Grantee shall be
delivered or sent to:
Grantor: City of East Wenatchee
Attn: Mayor
271 9th Street NE
East Wenatchee, WA 98802
Grantee: Intermountain Infrastructure Group, LLC
533 Airport Blvd., Suite 400
Burlingame, CA 94010
11.6 Public Notice. Minimum public notice of any public meeting related to this
Franchise or any such grant of additional franchises, licenses, consents, certificates,
authorizations, or exemptions by the Grantor to any other Person(s) to provide
telecommunications services utilizing any system or technology requiring use of the public rights
of way shall be by publication at least once in a newspaper of general circulation in the area at
least ten (10) days prior to the meeting and a posting at the administrative buildings of the
Grantor. In addition, Grantor shall provide Grantee notice of any application for grant of a
franchise that may impact Grantee’s use of its infrastructure and provide Grantee an opportunity
to comment on the application.
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Franchise Agreement
Page 11
11.7 Severability. If any section, subsection, sentence, clause, phrase, or portion of
this Franchise is, for any reason, held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Franchise.
11.8 Entire Agreement. This Franchise and any Exhibits hereto constitute the entire
agreement between Grantor and the Grantee and they supersede all prior or contemporaneous
agreements, representations or understandings (whether written or oral) of the parties regarding
the subject matter hereof.
11.9 Administration of Franchise. This Franchise is a contract and neither party may
take any unilateral action that materially changes the explicit mutual promises and covenants
contained herein. Any changes, modifications or amendments to this Franchise must be made in
writing, signed by the Grantor and the Grantee. Except as provided in Section 10, any
determination by either party regarding the interpretation or enforcement of this Franchise shall
be subject to de novo judicial review, as provided by applicable law.
11.10 Effective Date. The Franchise granted herein will take effect and be in full force
from such date of acceptance by Grantee recorded on the signature page of this Franchise
("Effective Date"). This Franchise shall expire ten years from the Effective Date, unless extended
in accordance with Section 2.2 of the Franchise or by the mutual agreement of the parties.
Considered and approved this _____ day of ___________________, 2025.
CITY OF EAST WENATCHEE
________________________________________
By Mayor Jerrilea Crawford
Accepted this ____ day of ______________________, 20____, subject to applicable federal,
State and Local law.
INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC
Signature: _________________________________
Name/Title: ________________________________
Exhibit A
City of East Wenatchee
Ordinance 2024-04
Ordinance 2025-04 Intermountain Franchise
Agreement
Final Audit Report 2025-05-19
Created:2025-05-19
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAp8qK2Cmni8RR0JRdJCs8PB4Y8JQZ6WQt
"Ordinance 2025-04 Intermountain Franchise Agreement" Histor
y
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2025-05-19 - 7:24:08 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2025-05-19 - 7:24:26 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2025-05-19 - 7:28:29 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2025-05-19 - 7:28:47 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2025-05-19 - 7:28:49 PM GMT - Time Source: server
Agreement completed.
2025-05-19 - 7:28:49 PM GMT