Agenda - Planning Commission - 07/01/1997

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.- By registering with the Department a Registrant agrees, or by accepting a Permit under Chapters 1 and 2, a Permittee is required to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its Equipment, or out of any activity undertaken in or near a Right-of-Way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a Right-of-Way Permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its Equipment, or any activity undertaken in or near a Right-of-Way, whether or not the act or omission complained of is authorized, allowed or prohibited by a Right-of-Way Permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said Equipment by the Registrant or on the Registrant's behalf, including, but not limited to, the issuance of Permits and inspection of plans or work. This Section is not, as to third parties, a waiver of any defense or immunity otherwise available to the Registrant or to the City; and the Registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Sec. 1.15. Future Uses. In placing any Equipment, or allowing it to be placed, in the Right-of-Way the City is not liable for any damages caused thereby to any Registrant's Equipment which is already in place. No Registrant is entitled to rely on the provisions of Chapter 1 or 2, and no special duty is created as to any Registrant. Chapters 1 and 2 are enacted to protect the general health, welfare and safety of the public at large. Sec. 1.16. Abandoned and Unusable Equipment. A Registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Director that the Registrant's obligations for its Equipment in the Right-of-Way under this Chapter and Chapter 2 have been lawfully assumed by another Registrant; or (b) Submit to the Director a proposal and instruments for transferring ownership of its Equipment to the City. If a Registrant proceeds under this clause, the City may, at its option: (1) purchase the Equipment, or (2) require the Registrant, at its own expense, to remove it, or 13 ~7