Ordinance 2002-151 - Laserfiche WebLink

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Section 10. Indemnification. (a) The Permittee shall indemnify and hold the City and its officers, directors, agents, servants, employees, successors, and assigns harmless of and from any and all claims for personal injury, death or property damage, any other losses, damages, charges or expenses, including attorneys fees, witness fees, court costs and the reasonable value of any services rendered by any officer or employee of the City, and any orders, judgments or decrees which may be entered which arise or are alleged to have arisen out of, in connection with or attributable to, the Permittee's maintenance, occupation, placement, repair, relocation or removal by the Permittee of any portion of the telecommunications system, excepting only those claims resulting from the negligence of the City. The Permittee 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 Permittee shall promptly pay the final judgment together with all costs relating thereto; the Permittee 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. (b) 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 Permittee of any claim for which the City seeks indemnification. The Permittee 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. Section 11. Protection of City Property. The Permittee shall not in any way displace, damage or destroy any infrastructure or any other facilities belonging to the City without the consent of the City; and the Permittee shall be liable to the City for the cost of any repairs made necessary by any such displacement, damage or destruction and shall pay such costs upon demand. Section 12. Emergency Permits. An applicant may initiate work in the public rights-of-way without a permit if a bona-fide emergency situation exists provided, however, the applicant shall notify the city Manager or his designee immediately of such emergency. The applicant, however, shall be required to pull a permit within three (3) days after work has commenced. Section 13. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, Rights-of-Way Construction Permit Procedures LMD:chlHO:eb3/5/02 Legislation/Ordinances! Attorney 4