Laserfiche WebLink
local governmental body or agency, including without limitation those issued by the <br />California Public Utilities Commission and the Federal Communications <br />Commission. <br />Sec. 33-251. - Nonexclusive Use of Public Rights -of -Way. <br />All permits to construct or place wireless facilities in the public right-of-way <br />shall be nonexclusive. The granting of a permit under this Article by the City does <br />not provide any permittee with an exclusive use of the public right-of-way. All <br />facilities permitted by this Article shall, upon the reasonable demand of the Director, <br />be relocated if required by the City to avoid potential conflicts with a proper <br />governmental use of a street, alley, sidewalk or other public place. All expenses <br />incurred in relocating shall be paid by the applicant. <br />Sec. 33-252. - Submittals. <br />Prior to the issuance of any permit, each Applicant shall provide the Agency <br />with evidence that it has obtained all applicable business licenses, state permits, <br />and other licenses, as well as insurance in an amount and form specified by the <br />Agency. <br />Sec. 33-253. - Indemnity, Insurance. <br />(a) As a condition of permit issuance under this Article, each applicant <br />shall: <br />1. Indemnify and hold harmless and defend the City of Santa <br />Ana, its officers and employees from and against any and all <br />suits, actions, judgments, losses, costs, demands, claims, <br />expenses (including attorney's fees), damages, and liabilities <br />of every kind for any and all claims for damage to property, or <br />injury to, or death of persons arising out of or resulting from <br />the issuance of the permit or the placement of the facility, <br />except to the extent any damage or injury is due to the <br />negligence or willful misconduct of the City, its officers or <br />employees. <br />2. Obtain and file with the Clerk of the Council, and thereafter <br />maintain during the term of any such permit, certificates evidencing <br />commercial general liability insurance policy or policies, approved <br />as to form by the City, issued by an insurance company or <br />companies authorized to do business in the State of California. The <br />City of Santa Ana, its officers and employees shall be named as <br />additional insureds on said policy or policies. Unless the Guidelines <br />specify otherwise, the policy limits of said insurance policy or <br />policies shall be not less than one million dollars ($1,000,000.00) <br />combined single limit for both bodily injury and property damage, <br />or equivalent. Said policy or policies shall also contain a provision <br />that no termination, cancellation, or change of coverage of insured <br />Ordinance No. NS -XXX <br />Page 18 of 21 <br />11 A-20 <br />