Loading...
(a) The permittee shall indemnify and save the City harmless from all damages resulting from injury to persons or property arising from the use of City land, structures or other property under this Permit. Insurance policies naming the City, together with its officials and employees and the New York City Water Board as additional insureds must be provided as follows:
• All individuals and Not-for-Profit Organizations: Personal or General Liability or Homeowners' Insurance with minimum limits of $500,000;
• All Commercial entities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate;
• All Utilities and Municipalities: Commercial General Liability Insurance with minimum limits of $2,000,000 per occurrence, $5,000,000 aggregate.
In lieu of such insurance policies, municipal permittees may provide proof of self-insurance in an amount satisfactory to DEP and municipal and Commercial entities may provide other forms of undertakings, such as, but not limited to, letters of credit in amounts satisfactory to DEP. All permittees must provide proof of insurance, self-insurance or other undertaking annually.
(b) The permittee shall be required to furnish a surety bond in a minimum amount of $250,000 in favor of the City of New York to be continued during the period that City property is occupied by the permittee for siting major improvements or infrastructure, including, but not limited to, the following:
• pump stations,
• filtration plants, and
• other improvements of a similar nature.
The purpose of such bond is to cover the cost of any repairs or remediation necessitated by the permittee's use of City property or for removal of permittee's improvements remaining on City property after Permit revocation or termination and restoration of the property to its original conditions after such removal. Such bond shall be continued in force by the permittee until City property is cleared of all encumbrances placed there by permittee and shall not limit in any way the liability of the permittee for damage to life or property resulting from the use or occupancy of City property.
(c) In the event any City infrastructure or lands are damaged by the permittee's use of City property, DEP will determine, based on the nature and location of the damage, whether DEP or the permittee will perform such repair. Regardless of whether DEP or the permittee performs such repairs, the permittee shall be responsible for any and all costs for such repairs to the satisfaction of DEP. If DEP allows the permittee to undertake such repairs, failure to complete these repairs to the satisfaction of DEP may result in revocation of the Permit and any additional legal remedies available to DEP.
(d) In case of emergency, insurance verification must be submitted to DEP within ten (10) business days of the date of emergency Permit issuance.
Permits are revocable at the will of the Commissioner upon thirty (30) days' written notice of the proposed revocation, except in the case of emergencies that present immediate risks to water quality, City infrastructure(s) or to the health of employees or members of the public. Reasons for revocation include, but are not limited to, the following:
• violation by the permittee of any regulation or condition(s) of the Permit,
• failure to pay Permit fees,
• failure to maintain improvement or structure allowed by such Permit,
• failure to provide proof of insurance, and
• DEP's need to use its land for water supply operations.
Such revocation, other than for DEP's need to use its land for water supply purposes, may be cured by the permittee within the thirty (30) day written notice period. Failure by DEP to revoke a Permit shall not prohibit DEP from exercising any other legal remedies available.
Upon Permit revocation, any improvements belonging to the permittee must be removed from City property, at the permittee's expense, within thirty (30) days of such revocation unless otherwise authorized by DEP in writing. The property must be restored by the permittee or DEP in accordance with 15 RCNY § 17-08(c) within thirty (30) days of revocation or as otherwise agreed upon. Any improvement(s) remaining on City property beyond thirty (30) days of the written notice shall be considered abandoned and title to such improvement(s) shall become vested in the City, at the City's option. Should the City elect to take title, the improvement(s) shall be disposed as the Commissioner may direct in lieu of any other procedure for the disposition of abandoned property required or permitted by law, and the former permittee waives any right to assert a claim against DEP pursuant to the provisions of the New York State Personal Property Law, Abandoned Property Law or any such other procedure. DEP shall seek reimbursement for any costs incurred for the removal of any such improvement(s) and shall also seek forfeiture of any bond provided.
Title and ownership of all City property, including all natural resources above, on and beneath the property, such as, but not limited to, minerals, soils, trees and metals upon, in or under the land shall remain and be vested in the City of New York. Removal of City resources from any Permitted location, unless approved in writing in advance by DEP, is strictly prohibited and will be prosecuted to the fullest extent of the law.
If any clause, sentence, paragraph, subdivision, section, rule or part of this chapter shall be adjudged by any court or competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, rule or part thereof directly involved in the controversy in which such judgment shall have been rendered.
These rules are intended to repeal those rules entitled Issuance of Temporary Permits for the Occupation of City Property, effective September 2, 2001; provided, however, that with respect to Permits issued before the effective date of these rules, all restrictions, conditions and requirements upon the permittee contained in the earlier rules shall remain in effect until such Permit is renewed, cancelled, terminated or revoked.