Ordinance 2000-91 - Laserfiche WebLink

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(b) Sec. 30. the telecommunications system, excepting only those claims resulting from the negligence of the City. The Licensee shall undertake at its own expense the defense of any action which may be brought against the City for damages, injunctive relief or for any other cause of action arising or alleged to have arisen out of, in connection with or attributable to, the foregoing and, in the event any final judgment therein should be rendered against the City resulting from the foregoing, the Licensee shall promptly pay the final judgment together with all costs relating thereto; the Licensee being allowed, however, an appeal or appeals to the appropriate court or courts from the judgment rendered in any such suit or action upon the filing of such supersedes bond to the extent required to prevent levy or judgment against the City during such appeal or appeals. Nothing in this Section shall prohibit the City from participating in the defense of any litigation with its own counsel and obtaining indemnification of the reasonable costs associated therewith upon a court order awarding such costs. (c) The City Manager shall give prompt, written notice to the Licensee of any claim for which the City seeks indemnification. The Licensee shall have the right to investigate, defend and compromise these claims subject to prior City approval. Failure of the City to provide written notice shall not waive the requirement of subsection (a) hereinabove. Construction Bond. (a) Prior to the commencement of any construction or other significant work in the public rights-of-way, licensee shall furnish a construction bond in favor of the City in an amount equal to the proposed wlae . of the work. No work shall commence until a construction bond is furnished to the City. The construction bond shall not be released until the rights-of-way have been restored and inspected pursuant to the specifications provided in this section. (b) The construction bond shall serve as security for: (1) The faithful performance by the licensee or permittee of all terms, conditions and obligations, including restoration of the rights-of-way, of the license agreement and this section. (2) Any expenditure, damage or loss incurred by the City occasioned by the licensee's or permittee's violation of this section, or its failure to comply with all rules, regulations, orders, permits and other directives of the City issued pursuant to this section. Telecommunications Right-of-Way Ord. LMD:chlpwalker 4/5/00 - 12:41 PM 16