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6.K. - Page 11 of 24 <br />roadway where City does not hold an easement right allowing public <br />access, including the sidewalk, crosswalk, or public thoroughfare <br />associated with said State or County highway or private roadway <br />unless express authorization by the owning jurisdiction/entity is <br />received and provided to City. <br />xv. All of the Conditions of Approval are timely satisfied. <br />C. Permittee's Risk. All of Permittee's activities shall be performed at <br />Permittee's sole cost, risk and expense. Permittee shall provide staffing sufficient to <br />respond quickly to inquiries from the public and shall respond to such inquiries within <br />forty-eight (48) hours. If PDD Operations conflict with other City work in the service area, <br />the City work shall take precedence. <br />D. Damage to Permittee Property. Permittee hereby waives any recovery of <br />damages against City (including its officers, officials, employees, agents, and volunteers) <br />for loss or damage to any structures, tenant improvements and betterments, fixtures, <br />equipment, and any other personal property. <br />11. Protection of Property. <br />A. Liability, Defense, Indemnity. Permittee shall be responsible and liable for <br />any and all damages to City's structures and property, other public space or property, and <br />private property due directly or indirectly to any Permittee action and shall promptly pay <br />any just claim. Permittee shall assume the defense of and indemnify and save harmless <br />City, its officers, officials, employees, agents, and volunteers from all claims, loss liens, <br />damage, injury and liability of every kind, nature and description, directly or indirectly <br />arising from any Permittee action. <br />B. Repair. Permittee shall be responsible for restoring to its former condition, <br />as nearly as may be possible, any portion of the Right of Way, other public space or <br />property, or private property which has been disturbed due directly or indirectly to any <br />Permittee action. If such areas are not restored as provided herein, or if City elects to <br />make repairs, Permittee agrees by acceptance of the PDD Permit to bear the actual cost <br />thereof. <br />C. Sidewalk Access Ramps. Any portion of an existing sidewalk ramp is <br />Page 7 of 20 <br />ATTY/DOCS-RESOLUTIONS/2019/RESO.0042 CC RESO PDD PILOT PROGRAM <br />REV: 04-25-19 DZ <br />252 <br />