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ORDINANCE NO. 2017- 006 <br /> 1. Whenever any of the public rights-of-way are used under the terms of this chapter the <br /> person so using them shall take necessary precautions, including illumination, for <br /> protection of the public with particular emphasis on the period from sunset to sunrise. <br /> The persons so using the public rights-of-way as a condition of that use agree to hold <br /> and save the county harmless from any and all liability that may arise out of the use of <br /> any public rights-of-way as provided in this chapter or by permit. <br /> 2. The user agrees and is bound to hold Indian River County whole and harmless against <br /> any and all claims for damages, costs, and expenses to persons or property that may <br /> arise out of, or be occasioned by the use, occupancy, and maintenance of the public <br /> right-of-way, or from any act or omission of any representative, agent, customer, and/or <br /> employee of the user. This user shall also be responsible for any claim for damage that <br /> any utility, whether publicly or privately owned, may sustain or receive by reason of <br /> user's use of the public right-of-way and improvements and equipment located thereon. <br /> User shall not make any claim of any kind or character whatsoever against Indian River <br /> County for damages that it may suffer by reason of installation, construction, <br /> reconstruction, operation, and/or maintenance of any public improvement, or utility, <br /> whether presently in place or which may in the future be constructed or installed, <br /> including but not limited to, any water and/or sewer mains and/or storm sewer facilities <br /> fiber optic cables, and whether such damage is due to flooding, infiltration, natural <br /> causes, or from any other cause of whatsoever kind or nature. It is the intention of this <br /> section, and a condition of any permit, that it shall be full and total indemnity against any <br /> kind or character of claim whatsoever that may be asserted against Indian River County <br /> by reason of, or as a consequence of having granted permission to a user to use and/or <br /> maintain a public right-of-way. User is required to defend any and all suits, claims, or <br /> causes of action brought against Indian River County on behalf of the county and pay <br /> any judgment or judgments that may be rendered against county in connection <br /> therewith. <br /> 3. Any user placing or installing any structure or object on County utility poles or other <br /> equipment or structures within the right-of-way shall ensure that, at least thirty (30) days <br /> prior to the commencement of any work on County utility poles or equipment or <br /> structures, the user provides to the Indian River County Risk Management Division a <br /> certificate or certificates issued by an insurer or insurers authorized to conduct business <br /> in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval <br /> by Indian River County's Risk Manager, of Commercial general liability insurance with a <br /> combined single limit of$1,000,000.00 per occurrence. The County shall be named as <br /> an additional insured for each of these policies. The Indian River County Risk <br /> Management Division has the authority to require additional insurance based upon the <br /> structure or object to be installed or placed. <br /> 4 <br />