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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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Ord #112-3rd Ser/Adopting/amending franchise granted by LMCC
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4/1/2015 3:19:07 PM
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2/16/2024 10:25:21 AM
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1 t <br /> . � <br /> (h) Grantee shall have the right to challenge in a court of competent <br /> jurisdiction the City's findings that Grantee has violated one (1) or more terms, <br /> conditions or provisions of this Franchise or has failed to substantially cure such <br /> violation. <br /> (i) If said Security Fund or any subsequent security fund delivered pursuant <br /> thereto expires prior to the expiration of the Franchise, it shall be renewed or replaced <br /> during the term of this Franchise to provide that it will not expire earlier than the <br /> expiration of this Franchise. The renewed or replaced security fund shall be for the full <br /> amount stated in paragraph (a) of this section. <br /> (j) If City draws upon the Security Fund or any subsequent security fund <br /> delivered pursuant hereto, in whole or in part, Grantee shall replenish or replace the same <br /> within fifteen(15) days and shall deliver to City a like replacement security fund for the <br /> full amount stated in paragraph(a) of this section as a substitution of the previous <br /> security fund. <br /> (k) If any Security Fund is not so replenished or replaced, City may draw on <br /> said security fund for the whole amount thereof and hold the proceeds,without interest, <br /> and use the proceeds to pay costs incurred by City in performing and paying for any or all <br /> of the obligations, duties and responsibilities of Crrantee under this Franchise that are not <br /> performed or paid by Grantee pursuant hereof, including attorneys' fees incurred by the <br /> City in so performing and paying. <br /> (1) The collection by City of any damages, monies or penalties from the <br /> security fund shall not affect any other right or remedy available to City, nor shall any <br /> act, or failure to act, by City pursuant to the security fund, be deemed a waiver of any <br /> right of City pursuant to this Franchise or otherwise. <br /> (2) Liability Insurance. <br /> (a} Grantee shall with its acceptance of this Franchise, and at its sole expense, <br /> take out and maintain during the term of this Franchise comprehensive general liabiliTy <br /> insurance with a company licensed to do business in the State of Minnesota with a rating <br /> by A.M. Best& Co. of not less than"A-"that shall protect the Grantee,the City and their <br /> officials, officers, directors, employees and agents from any and all claims which may <br /> axise from operations under this Franchise, whether such operations be by the Grantee,its <br /> officials, officers, directors, employees and agents or any subcontractors of Grantee. This <br /> liability insurance shall include, but shall not be limited to, protection against claims <br /> arising from bodily and personal injury and damage to property, resulting from Grantee's <br /> vehicles, products and operations. The amount of insurance for single limit coverage <br /> applying to bodily and personal injury and property damage sha11 not be less than Two <br /> Million Dollars ($2,000,000.00). <br /> (b) The following endorsements shall be attached to the liability policy: <br /> (i) The policy shall provide coverage on an"occurrence"basis. <br /> i n2�6�2 19 <br />
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