Ordinance 2018-531 - Laserfiche WebLink

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by April 1 of even-numbered years in accordance with the registration requirements in this Section. as may be amended. except that a registrant that initially registers during the even-numbered year when renewal would be due, or the odd-numbered year immediately preceding such even-numbered year. shall not be required to renew until the next even-numbered year. If no information in the then-existing registration has changed. the renewal may state that no information has changed. Failure to renew a registration may result in the City restricting the issuance of additional permits. (5) Indemnification. A registrant shall. at its sole cost and expense. indemnify, hold harmless and defend the City. its officials, boards. members, agents and employees. against any and all claims. suits. causes of action, proceedings. judgments for damages or equitable relief. and costs and expenses incurred by the City arising out of the placement or maintenance of its communications system or facilities in public rights-of-way, regardless of whether the act or omission complained of is authorized, allowed or prohibited by this Ordinance. This provision includes. but is not limited to. the City's reasonable attorneys' fees incurred in defending against any such claim. suit or proceedings. City agrees to notify the registrant, in writing, within a reasonable time of City receiving notice of any issue it determines may require indemnification. Nothing in this Ordinance shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost, if in the City's reasonable belief there exists or may exist a conflict, potential conflict or appearance of a conflict. Nothing contained in this Ordinance shall be construed or interpreted: as denying to either party any remedy or defense available to such party under the laws of the state of Florida; ii. as consent by the City to be sued; or iii. as a waiver of sovereign immunity beyond the waiver provided in F.S. §768.28, as it may be amended. (6) A registrant may cancel a registration upon written notice to the City that the registrant will no longer place or maintain any communications facilities in public rights-of-way. No liens shall apply to public rights-of-way or City property as a result of the placement or maintenance of a registrant's facilities in the public rights-of-way or on a City utility pole. In the event any liens are filed on the City property or public rights-of-way, the registrant shall discharge such lien at its expense within ten (10) days of receiving notice. or the City may discharge such lien. and charge such costs plus reasonable attorney's fees to registrant. (7) A registrant shall pay or reimburse the City. as applicable. for any personal property or other taxes or assessments that may be imposed on the registrant's facilities placed or maintained in the public rights-of-way or on a City utility pole as a result of a registrant's collocation. 35 City of Sunny Isles Beach CROW Ordinance 10-17-18