(a) No permission to encroach on any public street or street right-of-way shall be granted unless, as a condition to that grant, the applicant is willing to and agrees to indemnify, defend and hold harmless the town, its officers, boards, commissions and employees against any and all claims and liabilities arising from the person's activities or items in the public street or street right-of-way, including reasonable attorneys fees and court costs.
(b) Depending upon the extent of a person's desired excavation, construction or other activities in any public street or street rights-of-way, the town may exercise its authority to require an applicant to secure and provide documentation of an appropriate performance bond or letter of credit, and/or insurance, covering such activities, pursuant to terms acceptable to the town.
(c) The other terms and conditions by which the town grants a person authority to encroach upon a public street or street right-of-way shall be set forth in the relevant permit, encroachment or franchise agreement.
(Code 1982, § 17-108; Ord. No. 00-031, 12-14-2000; Ord. No. 2012-Code-07, 12-13-2012)