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ATTY/ORD.0006/CC ORD AMENDING MUNICIPAL CODE CHAPTER 29 – EXHIBIT A REV: 07-11-24 VR Page 7 of 16 appeal within ten (10) days of the date of notice of final decision. Failure to appeal in writing within the prescribed time constitutes a waiver of the right to appeal. The Director or their designee will make a determination on the written appeal. The determination of the Director or their designee shall be a final decision of the City. Sec. 29.10. - NO VESTED RIGHTS: The issuance of a permit pursuant to this Chapter is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, or in any particular manner of placement within the rights-of-way. Without limitation, a permit to place cabinets and similar appurtenances aboveground may be revoked and the permittee required to place all its facilities underground, upon reasonable notice to the permittee. A permit to provide, operate, or maintain outdoor business activity may be revoked and the permittee required to remove all encroachments, pursuant to the noticing and timeline identified in Section 29.21. Sec. 29.11. - TERMS AND CONDITIONS OF ALL ENCROACHMENT PERMITS: A. Indemnification. No encroachment permit shall be issued until the permittee has executed and filed with the City an indemnity agreement satisfactory to the City Attorney. The permittee shall be responsible for and indemnify the City from all claims, demands, expenses or liability, including but not limited to, personal injury and property damage arising out of or related to work performed by the permittee under the permit, arising out of the failure on the permittee's part to perform work under the permit, or arising from or caused by the structures or encroachments placed in, on or under the City's right-of-way. If any claim of such liability is made against the City, its City Council, officers, officials or employees, permittee shall defend, indemnify and hold the City, its City Council, officers, officials and employees, harmless from such claim. B. Insurance. No encroachment permit shall be issued until and unless the applicant has filed and maintained on file with the City evidence of self-insurance satisfactory to the City or a certificate of insurance demonstrating sufficient public liability and property damage insurance coverage issued by an insurance carrier authorized to do business in the state, insuring the applicant and the City and its agents, against loss by reason of injuries to, or death of persons, or damages to property arising out of or related to work performed by the applicant, its agents or employees while performing any work under the permit, arising out of the failure on the permittee's part to perform work under the permit, and arising from or caused by the structures or encroachments placed in, on or under the City's right-of-way. Such insurance shall be primary and provide coverage for all liability assumed by the applicant under subsection A of this Section and shall be provided by the permittee in minimum amounts as required by the City's Risk Manager. C. Performance Bonds or Other Financial Security. The Department may require, as a condition of issuing any encroachment permit, applicant to post performance bonds or other approved financial security to ensure satisfactory completion of any work to be performed in, on or under any right-of- way or City property and to insure adequate maintenance of encroachments. D. Commencement of Work. The permittee shall begin the work or use authorized by a permit issued pursuant to this Chapter within ninety (90) days from date of issuance, unless a different period is stated in the permit. If the work or use is not so begun, then the permit shall become void. The