(a) Nothing in this article shall be deemed or construed to impair or affect, in any way, to any extent, any right of the county to acquire the property of the grantee, either by purchase or through the exercise of eminent domain.
(b) The county reserves the right to amend any section or part of this article.
(c) At all reasonable times, the grantee shall permit any duly authorized representative of the county:
(1) To examine any and all financial records maintained by or under the control of the grantee relating to all revenue obtained by it from its operations under the franchise.
(2) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its permit.
(3) To inspect any and all installations owned, maintained, or used by the grantee in its operations under its franchise including all towers, cables and other components of the grantee's CATV system.
(d) The grantee shall indemnify and save harmless the county, its officers and employees, from and against any and all claims, demands, actions, suits, and proceedings by others, and against all liability to others, arising out of the exercise or enjoyment of its franchise, including, but not limited to, any liability for damages by reason of or arising out of any failure of the grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by the grantee's CATV system, and against any loss, cost, expense and damages resulting therefrom, including reasonable attorney's fees.
(e) Concurrently with the filing of the written acceptance, as required in section 22-35, the grantee shall file with the county manager, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof a good and sufficient liability insurance policy or policies, providing a minimum coverage for personal injuries to each person in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office; coverage for all personal injuries in each accident in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office; and coverage for all property damage in each accident in an amount set from time to time by the board of commissioners and contained in the schedule of fees and charges on file in the county clerk's office. The policy or policies shall name the county as an additional insured and shall be for the purpose of insuring the county against any damages to it and any and all legal liability, court costs, claim or demand for personal injury, death or property damage arising out of the operations of the grantee under this article or its franchise. Any coverage of the grantee in addition to the above minimum limits shall also name the county as an additional insured and/or beneficiary.
(f) Faithful performance bond. The grantee shall, concurrently with the effective date of the franchise ordinance, post with the county and at all times thereafter maintain in full force and effect for the term of the franchise or any renewal thereof, at the grantee's sole cost and expense either:
(1) A corporate surety bond issued by a responsible insurance company licensed to do business in the state and approved by the county in the amount of five percent of the total estimated construction costs, renewable annually, and conditioned upon the faithful performance of the grantee of all the provisions of the franchise agreement and this article, and upon the further condition that if the grantee shall fail to comply with any one or more of the provisions of the franchise agreement or this article, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the county as a result thereof, including the full amount of any compensation, indemnification, or cost of removal or abandonment of any property of the grantee as prescribed hereby plus a reasonable allowance for attorney's fees and costs, up to the full amount of the bond, such condition to be a continuing obligation for the duration of the franchise and any renewal thereof and thereafter until the grantee has liquidated all of its obligations arising out of the acceptance of this franchise or renewal by the grantee or from the exercise of any privileges or rights granted in this section or the performance of any covenants or obligations imposed by this section. The bond shall provide that at least 30 days' prior written notice of intention not to renew, cancellation or material change, be given to the county by filing the same with the county manager; or
(2) A letter of credit in a form approved by the county manager to the county in the amount of five percent of the estimated construction costs issued by a local lending institution approved by the county and payable upon demand by the county. This letter of credit shall be used to protect the county from the same contingencies as enumerated in subsection (f)(1) of this section for a corporate surety bond.
(Ord. of 10-5-1981, § 12.12)