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<br />SKYBRIDGE ORDINANCE - 4
<br />A. the Skybridge and all its appurtenances are removed from the right-of-way;
<br />B. the area is restored in a manner and to a condition satisfactory to the Director in
<br />accordance with this Ordinance; and
<br />C. the Director certifies that Grantee has discharged its obligations under this Ordinance.
<br />Upon prior notice to Grantee and entry of written findings that it is in the public interest, the City may,
<br />in the City’s sole discretion, excuse Grantee, conditionally or absolutely, from compliance with any or all
<br />of Grantee’ obligations to remove the Skybridge and to restore disturbed areas.
<br />Section 11. Release, Hold Harmless, and Indemnification. The Skybridge is the exclusive
<br />responsibility of Grantee. Grantee releases the City from any and all claims resulting from the Skybridge
<br />or from damage or loss to Grantee’s own property and does covenant and agree at all times to
<br />indemnify and hold harmless the City, its officers, agents and employees, from all claims, actions, suits,
<br />liability, loss, costs, expense or damages of every kind and description (excepting only such damages
<br />that may result from the sole negligence of the City), that may accrue to, or be suffered by, any person
<br />or persons or property or properties, including without limitation, damage or injury to Grantee, its
<br />officers, agents, employees, contractors, invitees, tenants and tenant’s invitees, licensees, by reason of
<br />the construction, maintenance, operation or use of the Skybridge, or any portion thereof, or by reason
<br />of anything that has been done or may at any time be done by Grantee by reason of this Ordinance or
<br />by reason of Grantee violating, failing or refusing to strictly comply with each and every provision of this
<br />Ordinance or by reason of the City exercising any option, right or other privilege under this Ordinance;
<br />and in case judgment shall be rendered against the City in any suit or action, Grantee shall fully satisfy
<br />the judgment within one hundred and twenty (120) days after such suit, action or claim shall have been
<br />finally determined, if determined adversely to the City. If it is determined by a court of competent
<br />jurisdiction that RCW 4.24.115 applies to this Ordinance, then in the event claims or damages are
<br />caused by or result from the concurrent negligence of the City, its agents, contractors or employees, and
<br />Grantee, their agents, contractors, employees, this indemnity provision shall be valid and enforceable
<br />only to the extent of the negligence of Grantee or Grantee’ agents, contractors, employees. Solely and
<br />expressly for the purpose of its duties to indemnify the City, Grantee specifically waives any immunity
<br />it may have under the State Industrial Insurance Law, Title 51 RCW. Grantee recognizes that this
<br />waiver of immunity under Title 51 was specifically entered into pursuant to the provisions of RCW
<br />4.24.115 and was the subject of mutual negotiation. This Section 11 survives any termination or
<br />expiration of any permission granted under this Ordinance.
<br />Section 12. Consent for and Conditions of Assignment or Transfer. The right, privilege and authority
<br />granted under this Ordinance are solely for the USPS shall not be assignable, leaseable or otherwise
<br />alienated or transferable by operation of law, nor shall Grantee transfer, assign, mortgage, pledge or
<br />encumber the same without the consent of the City, which must be in writing and signed by the Mayor
<br />to be effective and which consent the City may refuse at the City’s sole discretion.
<br />Section 13. Inspection Fees. Grantee shall pay to the City such usual and reasonable amounts as may
<br />be required by the Director pursuant to City code for the City’s inspection of the Skybridge.
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