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was discontinued, the Facilities shall be considered a nuisance and the City may
<br />remove the Facilities at the expense of the Facilities Operator.
<br />(b) In the event that Facilities are damaged, the Facilities Operator shall
<br />promptly repair the damaged Facilities. Damaged Facilities shall be repaired no
<br />later than 30 days after obtaining written notice that the Facilities were damaged.
<br />If the damaged Facilities are not repaired within 30 days, then the damaged Facil-
<br />ities shall be considered a nuisance and the City may repair or remove the Facili-
<br />ties at the expense of the Facilities Operator.
<br />906.13 INSURANCE REQUIREMENTS.
<br />Facilities Operators shall comply with the insurance requirements set forth in
<br />Section 904.02.
<br />906.14 INDEMNIFICATION
<br />A Facilities Operator shall indemnify, protect, defend, and hold the City and its
<br />elected officials, officers, employees, agents, and volunteers harmless against any
<br />and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include
<br />reasonable attorney fees and costs of defense, proceedings, actions, demands,
<br />causes of action, liability and suits of any kind and nature, including personal or
<br />bodily injury or death, property damage or other harm for which recovery of dam-
<br />ages is sought, to the extent that it is caused by the negligence of the Operator
<br />who owns or operates Small Cell Facilities and wireless service in the Right -of-
<br />Way, any agent, officer, director, representative, employee, affiliate, or subcon-
<br />tractor of the Operator, or their respective officers, agents, employees, directors,
<br />or representatives while installing, repairing, or maintaining Facilities in the
<br />Right -of -Way.
<br />906.15 FINANCIAL SURETY.
<br />(a) Each Facilities Operator must procure and provide to the City a bond, es-
<br />crow, deposit, letter of credit, or other financial surety to ensure compliance with
<br />this chapter and Chapter 4939. The financial surety must be in an amount suffi-
<br />cient to cover the cost of removal of all Facilities owned or operated by the Facil-
<br />ities Operator.
<br />(b) The City may, in its sole discretion, draw on the financial surety to remove
<br />abandoned Facilities, remove or repair damaged Facilities, or to repair damage to
<br />any City property caused by the Facilities Operator or its agent. In such event,
<br />the Facilities Operator shall cause the financial surety be replenished to its prior
<br />amount within 10 business days after City notifies the Facilities Operator that it
<br />has drawn on the financial surety.
<br />906.16 RESERVED SPACE.
<br />The City reserves the right to install, and permit others to install, Facilities in
<br />the Right -of -Way. The City may reserve space in the Right -of -Way and on Wire-
<br />less Support Structures for future utility, safety, or transportation uses. Such space
<br />may be reserved in an ordinance or plan approved by the Mayor, City Manager,
<br />City Council, Building Commissioner, or Planning Commission.
<br />906.17 REMOVAL OR RELOCATION OF FACILITIES.
<br />(a) The City may require a Facilities Operator to remove or relocate Facilities
<br />to accomplish construction and maintenance activities. The Facilities Operator
<br />shall remove or relocate the Facilities at no cost to the City. If the Facilities Op-
<br />erator fails to remove or relocate the Facilities within 90 days of receiving a re-
<br />quest to do so from the City, then the City may remove the Facilities at Facilities
<br />Operator's sole cost and expense, without further notice to the Facilities Operator.
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