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2023 Docket Enabling Ordinance December 19, 2023
<br />Page 183
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<br />were before the commencement of such work by the grantee, its/his agents or
<br />contractors, and all recorded monuments which have been disturbed or displaced by
<br />the work shall be reset to the specifications and approval of the director of public works.
<br />2. In case of any damage to the streets, avenues, alleys, roads, highways, rights-of-way or
<br />other county properties, or to paved or surfaced roadways, turnouts, gutters, ditches,
<br />wood or concrete walls, drain pipes, hand or embankment rails, bridges, trestles,
<br />wharves, landings or monuments by the grantee, the grantee agrees to immediately
<br />repair the damage at its/his own sole cost and expense.
<br />3. When the director of public works determines that an emergency situation does exist,
<br />he may order and have done any and all work considered necessary to restore to a safe
<br />condition any such street, avenue, alley, road, highway, right-of-way or other county
<br />property left by the grantee or agents in a condition dangerous to life or property. He
<br />may cause to be replaced or reset recorded monuments if a grantee fails to replace or
<br />reset same within a reasonable time after completion of construction. The grantee, upon
<br />demand, shall pay to the county all costs of such construction or repair and of doing
<br />such work. (Ord. 82-7 § 9, 1982).
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<br />12.13.01.090 County held harmless.
<br />The grantee, its/his successors or assigns, shall protect, indemnify and save harmless the
<br />county, its agents and employees, from all claims, actions or damages of every kind and
<br />description which may accrue to or be suffered by any person or persons, corporation or
<br />property by reason of any construction, the presence of any material or equipment, the
<br />operation of or the occupation of the rights-of-way or other county properties by the
<br />grantee or for any claims on account of the existence of any excavation, temporary turnouts
<br />or the operation by the grantee of its/his lines over or under the streets, avenues, alleys,
<br />roads, highways, rights-of-way or other county properties as hereinafter designated, or for
<br />any other acts or omissions on the part of grantee, and in case that suit or action is brought
<br />against the county, its agents or employees, for damage arising out of or by reason of any of
<br />the above-mentioned causes, the grantee, its/his successors or assigns, will, upon notice to it
<br />or him of the commencement of said action, defend the same at its or his sole cost and
<br />expense and in case judgment shall be rendered against Kittitas County, its agents or
<br />employees, in such suit or action, will fully satisfy the judgment within ninety days after the
<br />suit or action has been finally determined, if determined adversely to the county, its agents
<br />or employees. Acceptance by the county of any work performed by the grantee at the time
<br />of completion shall not be a ground for avoidance of this hold harmless agreement. (Ord. 82-
<br />7 § 10, 1982).
<br />12.13.01.100 Damage to grantee's installation.
<br />In consideration of the granting of such franchise by the grantor to the grantee, the grantee,
<br />for itself/himself and its/his assigns, shall contract and agree to save the county harmless
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