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lss2/25/11 Sec. 33-245. Compliance with Applicable Law and Regulations This Article is not intended to be the exclusive means of regulating installation of Facilities in the public right of way and nothing herein is intended to waive any other applicable City requirements, including but not limited to building permit, storm water runoff, business license, excavation and undergrounding regulations. The applicant/permittee shall obtain all permits, licenses, and similar authorizations that are required by other governmental entities for the installation of its Facilities. The applicant/permittee must also be and remain in compliance with all applicable statutes, ordinances, rules, regulations, orders, and decisions issued by any federal, state or local governmental body or agency, including without limitation those issued by the California Public Utilities Commission and the Federal Communications Commission. Sec. 33-246. Nonexclusive Use of public right of way All permits to construct or place Facilities in the public right of way shall be nonexclusive. The granting of a permit under this article by the City does not provide any permittee with an exclusive use of the public right of way. All telecommunication facilities permitted by this chapter shall, upon the demand of the Director, be relocated if required by the City to avoid potential conflicts with a proper governmental use of a street, alley, sidewalk or other public place. All expenses incurred in relocating shall be paid by the telecommunication facility owner. Sec. 33-247. Director's Guidelines To the extent not preempted by applicable laws, the Director may prescribe additional guidelines covering the location, size and depth of excavations in public streets and sidewalks as the Director may deem necessary for the public safety and welfare. Where such guidelines are general in character and are designed to apply to all excavations of a certain type or nature, they shall be promulgated in writing showing the date of their enactment, and a copy thereof, duly certified to by the Director shall be kept on file where they may be made available for public inspection upon the demand of any person. All Work performed under this Article shall be subject to such guidelines. 33-248. Submittals Prior to the issuance of any permit, each Applicant shall provide the Agency with evidence that it has obtained all applicable business licenses, state permits, and other licenses, as well as insurance in an amount and form specified by the Agency. Sec. 33-249. Indemnity; insurance Prior to issuance of any permit under this article, each applicant shall: (a) Represent, stipulate, contract and agree that such applicant will indemnify Ordinance NS-2816 Page 13 of 16