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designees may, but will not be obligated to, enter onto the site area without
<br /> prior notice to support, repair, disable or remove any improvements or
<br /> equipment in emergencies or when such improvements or equipment threatens
<br /> actual, imminent harm to property or persons. The permittee, if present, may
<br /> observe the City's officers, officials, staff or other designees while any such
<br /> inspection or emergency access occurs.
<br /> (9) Permittee's Contact Information. Within 10 days from the final approval, the
<br /> permittee shall furnish the City with accurate and up-to-date contact information
<br /> for a person responsible for the small wireless facility, which includes without
<br /> limitation such person's full name, title, direct telephone number, mailing
<br /> address and email address. The permittee shall keep such contact information
<br /> up-to-date at all times and promptly provide the City with updated contact
<br /> information if either the responsible person or such person's contact
<br /> information changes.
<br /> (10) Indemnification. The permittee and, if applicable, the property owner upon
<br /> which the small wireless facility is installed shall defend, indemnify and hold
<br /> harmless the City, City Council and the City's boards, commissions, agents,
<br /> officers, officials, employees and volunteers (collectively, the "indemnitees")
<br /> from any and all (i) damages, liabilities, injuries, losses, costs and expenses
<br /> and from any and all claims, demands, law suits, writs and other actions or
<br /> proceedings ("claims") brought against the indemnitees to challenge, attack,
<br /> seek to modify, set aside, void or annul the City's approval of this small cell
<br /> permit, and (ii) other claims of any kind or form, whether for personal injury,
<br /> death or property damage, that arise from or in connection with the permittee's
<br /> or its agents', directors', officers', employees', contractors', subcontractors',
<br /> licensees' or customers' acts or omissions in connection with this small cell
<br /> permit or the small wireless facility. In the event the City becomes aware of any
<br /> claims, the City will use best efforts to promptly notify the permittee and the
<br /> private property owner (if applicable) and shall reasonably cooperate in the
<br /> defense. The permittee expressly acknowledges and agrees that the City shall
<br /> have the right to approve, which approval shall not be unreasonably withheld,
<br /> the legal counsel providing the City's defense, and the property owner and/or
<br /> permittee (as applicable) shall promptly reimburse City for any costs and
<br /> expenses directly and necessarily incurred by the City in the course of the
<br /> defense. The permittee expressly acknowledges and agrees that the
<br /> permittee's indemnification obligations under this condition are a material
<br /> consideration that motivates the City to approve this small cell permit, and that
<br /> such indemnification obligations will survive the expiration, revocation or other
<br /> termination of this small cell permit.
<br /> (11) Performance Bond. Before the Building Division issues any permits required
<br /> to commence construction in connection with this permit, the permittee shall
<br /> post a performance bond from a surety and in a form acceptable to the
<br /> Community Development Director in an amount reasonably necessary to cover
<br /> {00032392;5} page 14/28
<br /> page 13 /28
<br /><br /> has been met—bare conclusions not factually supported do not constitute a
<br /> {00032392;5} page 6/28
<br />le report(s), adjoining deeds, and underlying
<br /> recorded maps to the Director of Engineering/City Engineer, prior to submittal of the first plan
<br /> Vesting Tentative Map 8483 Planning Commission
<br /> Page 4 of 5
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