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CHAPTER 930: Use of Public Rights of Way
<br />(x) General Indemnification: Each permit application shall include, to the extent
<br />permitted by law, the Permit Holder's express undertaking to defend, indemnify and
<br />hold the City and its officers, employees, agents and representatives harmless from
<br />and against any and all damages, losses and expenses, including reasonable
<br />attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to
<br />arise out of or result from the negligent, careless or wrongful acts, omissions, failures
<br />to act or misconduct of the Permit Holder or its AfFiliates, officers, employees,
<br />agents, contractors or subcontractors in the construction, reconstruction, installation,
<br />operation, maintenance, repair or removal of its Facilities, and in providing or
<br />offering Services over the Facilities or System, whether such acts or omissions are
<br />authorized, allowed or prohibited by this Ordinance or by a grant agreement made or
<br />entered into pursuant to this Ordinance.
<br />(y) Performance and Construction Surety: Before a Use Permit granted pursuant to
<br />this Ordinance is effective, and as necessary thereafter, the Permit Holder shall
<br />provide and deposit such monies, bonds, letters of credit or other instruments in form
<br />and substance acceptable to the City as may be required by this Ordinance.
<br />(z) Security Fund: Each Permit Holder shall establish a permanent security fund with
<br />the city by depositing the amount of Fifty Thousand Dollars ($50,000.00) with the
<br />City in cash, an unconditional letter of credit, or other instrument acceptable to the
<br />City, which fund shall be maintained at the sole expense of the Permit Holder so long
<br />as any of the Permit Holder's Facilities are located within the Public Ways of the
<br />City.
<br />(1) The fund shall serve as security for the full and complete performance of this
<br />Ordinance, including any costs, expenses, damages or loss the City pays or
<br />incurs because of any failure attributable to the Permit Holder to comply with
<br />the codes, ordinances, rules, regulations or permit of the City.
<br />(2) Before any sums are withdrawn from the security fund, the City shall give
<br />written notice to the Permit Holder:
<br />(a) describing the act, default or failure to be remedied, or the damages, cost
<br />or expenses which the City has incurred by reason of the Permit Holder's
<br />act or default;
<br />(b) providing a reasonable opportunity for the Permit Holder to first remedy
<br />the existing or ongoing default or failure, if applicable;
<br />(c) providing a reasonable opportunity for the Permit Holder to pay any
<br />monies due the City before the City withdraws the amount thereof from
<br />the security fund, if applicable;
<br />(d) that the Permit Holder will be given an opportunity to review the act,
<br />default or failure described in the notice with the Service Directar or his
<br />designee.
<br />(3) Permit Holders shall replenish the security fund within fourteen (14) days after
<br />written notice from the City that there is a deficiency in the amount of the fund.
<br />(aa) Construction and Completion Bond: A construction bond written by a corporate
<br />surety acceptable to the City equal to at least one hundred percent (100%) of the
<br />estimated cost of constructing, reconstructing, installing or repairing the Permit
<br />EXHIBIT A
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