Agenda - Council - 08/08/1995 - Laserfiche WebLink

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be served on the company by personally delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subd. 2. City action on def~tull[. If the company is in default in the performance of the work authorized by the permit, the City may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the City for the City's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 2, Subd. 5 will be applied by the City first toward payment for such reimbursement. sECTION 5. INDEMNIFICATION Subd. 1, Scope. The company will indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation, or operation of the facilities affecting public grOund, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City will notify the company of claims or actions and provide a reasonable opportunity for the company to accept and undertake the defense. ~ Subd. 2. Claim defense. If a claim or action is brought against the City under circumstances where indemnification applies, the company, at its sole expense, shall defend the City if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. In defending any action on behalf of the City, the company is entitled to assert every defense or immunity that the City could assert in its own behalf. SECTION 6. OTHER CONDITIONS OF USE Subd. 1. Use of public ground. Facilities must be located, constructed, installed, maintained, or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of insPection by the City at reasonable times and places; (ii) the obligation to relocate the facilities pursuant to Section 3, Subdivisions 3 and 4; and (iii) compliance with all applicable regulations imPosed by the Minnesota Public Utilities Commission and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 2t6D. ' Subd. 2. ~. The facilities must be placed in a location agreed to by the City. The company shall give the City forty-five (45) days advanced written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the City's receipt of the company's written notice, the City will notify the company in writing of the City's acceptance or rejection of the proposed location. If the City rejects the company's proposed location, the City shall propose alternative locations. The City does not waive or forfeit its fight to reject the location of facilities by failure to respond within the 45 days. Subd. 3. Emergency work. A company may open and disturb the surface of public ground without a permit where an emergency exists requiting the immediate repair of its facilities. In Such event the company must request a permit not later than the second working day thereafter I I I I I I I I