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May 17, 2004
<br />
<br />Page 462
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<br />Section 23 Liability Insurance.
<br /> A) A holder of a Conditional Use Permit for Wireless Telecommunications
<br /> Facilities shall secure and at all times maintain public liability
<br /> insurance for personal injuries, death and property damage, and
<br /> umbrella insurance coverage, for the duration of the Conditional Use
<br /> Permit in amounts as set forth below
<br />
<br /> 1) Commercial General L~abllity covering personal injuries, death
<br /> and property damage. $1,000,000 per occurrence/S2,000,000
<br /> aggregate
<br /> 2) Automobile Coverage: $1,000,000.00 per occurrence/ $2,000,000
<br /> aggregate,
<br /> 3) Workers Compensation and Disability: Statutory amounts.
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<br /> B) The Commercial General liability insurance policy shall specifically
<br /> include the County and its officers, Councils, employees, committee
<br /> members, attorneys, agents and consultants as additional named
<br /> insureds
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<br /> C) The insurance policies shall be issued by an agent or representative of
<br /> an insurance company licensed to do business in the State and with a
<br /> Best's rating of at least A.
<br />
<br /> D) The insurance policies shall contain an endorsement obligating the
<br /> insurance company to furnish the County with at least thirty-(30) days
<br /> prior written notice in advance of the cancellation of the insurance.
<br />
<br /> E) Renewal or replacement policies or certificates shall be delivered to
<br /> the County at least fifteen (15) days before the expiration of the
<br /> insurance that such policies are to renew or replace.
<br />
<br /> F) Before construction of a permitted Wireless Telecommunications
<br /> Facilities is initiated, but in no case later than fifteen (15) days
<br /> after the grant of the Conditional Use Permit, the holder of the
<br /> Conditional Use Permit shall deliver to the County a copy of each of
<br /> the policies or certificates representing the insurance in the required
<br /> amounts.
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<br /> Section 24. Inde~u%ification.
<br /> A) Any application for wireless TeleCommunication Facilities that is
<br /> proposed for County property, pursuant to this Ordinance, shall contain
<br /> a provision with respect to inde~nification. Such provision shall
<br /> require the applicant, to the extent permitted by the Law, to at all
<br /> times defend, indemnify, protect, save, hold harmless, and exempt the
<br /> County, and its officers, Councils, employees, committee members,
<br /> attorneys, agents, and consultants from any and all penalties, damages,
<br /> costs, or charges arising out of any and all claims, suits, demands,
<br /> causes of action, or award of damages, whether compensatory or
<br /> punitive, or expenses arising therefrom, e~ther at law or in equity,
<br /> which might arise out of, or are caused by, the placement,
<br /> construction, erection, modification, location, products performance,
<br /> use, operation, maintenance, repair, installation, replacement,
<br /> removal, or restoration of said Facility, excepting, however, any
<br /> portion of such claims, suits, demands, causes of action or award of
<br /> damages as may be attributable to the negligent or intentional acts or
<br /> omissions of the County, or its servants or agents. With respect to
<br /> the penalties, damages or charges referenced herein, reasonable
<br /> attorneys' fees, consultants' fees, and expert witness fees are
<br /> included in those costs that are recoverable by the County.
<br />
<br /> B) Notwithstanding the requirements noted in subsection (A) of this
<br /> section, an indemnification provision will not be required in those
<br /> instances where the County itself applies for and secures a Conditional
<br /> Use permit for Wireless Telecommunications Facilities.
<br />
<br /> Section 25. Fines.
<br /> A) In the event of a violation of this Ordinance or any Conditional Use
<br /> Permit issued pursuant to th~s Ordinance, the County may impose and
<br /> collect, and the holder of the Conditional Use Permit for Wireless
<br /> Telecommunications Facilities shall pay to the County, fines or
<br /> penalties as set forth below
<br />
<br /> B) The holder of a Conditional Use Permits failure to comply with
<br /> provisions of this Ordinance shall constitute a violation of this
<br /> Ordinance and shall subject the Applicant to the code enforcement
<br />
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