Ordinance 3557-17 - Laserfiche WebLink

Section 8. Plan Approval. PGB shall not commence relocation, readjustment, removal, or repair of the Covered Walkway except in accordance with plans and specifications approved in advance by the Director. Section 9. Operation,Maintenance and Repair. At its sole expense, PGB shall operate, maintain, and repair the Covered Walkway so that it is in a good and safe condition and fully functional as a Covered Walkway. In the event of damage to or destruction of the Covered Walkway, PGB at its sole expense shall either promptly repair such damage or destruction or shall remove the damaged or destroyed Covered Walkway. If PGB violates this Section 9, the Director may deliver a Violation Notice pursuant to Section 7B above. This Violation Notice may require closure of the Covered Walkway until PGB cures the violation. Section 10. Continuing Obligation to Remove and Restore. Notwithstanding termination or expiration of the permissions granted by this Ordinance, or closure or removal of the Covered Walkway, PGB shall remain bound by its obligations under this Ordinance until: A. the Covered Walkway and all its appurtenances are removed from the right-of-way; B. the area is restored in a manner and to a condition satisfactory to the Director in accordance with this Ordinance; and C. the Director certifies that PGB has discharged its obligations under this Ordinance. Upon prior notice to PGB and entry of written findings that it is in the public interest, the City may, in the City's sole discretion, excuse PGB, conditionally or absolutely, from compliance with any or all of PGB's obligations to remove the Covered Walkway and to restore disturbed areas. Section 11. Release,Hold Harmless,Indemnification, and Duty to Defend. With respect to the City,the Covered Walkway is the exclusive responsibility of PGB. PGB releases the City from any and all claims resulting from damage or loss to its own property and does covenant and agree at all times to indemnify, defend and hold harmless the City, its officers, agents and employees, from all claims, actions, suits, liability, loss, costs, expense or damages of every kind and description(excepting only such damages that may result from the sole negligence of the City),that may accrue to, or be suffered by, any person or persons or property or properties, including without limitation, damage or injury to PGB, its officers, agents, employees, contractors, invitees, tenants and tenants invitees, licensees, by reason of the 4