|
<br />2. Use of Permit. Permittee is permitted to install and maintain two
<br />
<br />panel antennae on the PG&E tower and associated equipment located within the
<br />
<br />Encroachment Area, and, as approved within that area by the City Engineer, to
<br />
<br />construct and maintain a radio equipment cabinet and appurtenances thereto.
<br />
<br />3. Maintenance of Encroachment Area. Permittee, or its permitted
<br />
<br />assignees hereunder, shall maintain the Encroachment Area free of litter, debris,
<br />
<br />and oil drippings and otherwise maintain the Encroachment Area in a neat and
<br />
<br />orderly condition.
<br />
<br />4. Hold Harmless. Permittee, or its permitted assignees hereunder,
<br />
<br />hereby agrees to defend, indemnify and save harmless City, its Council, officers,
<br />
<br />boards, commissions, agents, and employees from and against any and all
<br />
<br />claims, suits, actions, liability, loss, damage, expense, costs (including, without
<br />
<br />limitation, costs and fees of litigation) of every nature, kind, and description,
<br />
<br />which may be brought against, or suffered or sustained by, City, its Council,
<br />
<br />officers, boards, commissions, agents, or employees caused by, or alleged to
<br />
<br />have been caused by, any act or omission to act of Permittee, or its permitted
<br />
<br />assignees hereunder and their respective officers, agents, or employees or any
<br />
<br />of the Lot Owners and their respective tenants, invitees, and guests in
<br />
<br />connection with the construction and maintenance, or lack thereof, of the docks
<br />
<br />and the use and occupancy of the Encroachment Area.
<br />
<br />The duty of Permittee to indemnify and save harmless, as set forth herein,
<br />
<br />shall include the duty to defend as set forth in Section 2778 of the California Civil
<br />
<br />Agmt-287
<br />f: \s h \sh/Redwood\Co u ncil
<br />FXS:rg
<br />09/07/99
<br />
<br />2
<br />
|