A. The permittee assumes the responsibility and all liability for any injury or damage to any person or property caused by or arising from the impact authorized by the Facility Impact Permit. The permittee shall indemnify, defend and hold harmless the District and Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of the exercise of the permit which are attributed to any act or omission of the applicant, its agents, employees or anyone acting under its direction, control or on its behalf. In the event suit shall be brought and the District or Pima County is named as a defendant, all costs for counsel, either house counsel or retained counsel, and any other court costs associated with defending itself shall be paid by the applicant.
B. Where work is performed in a drainage way, drainage easement or designated floodplain, the permittee shall not at any time obstruct or diminish in any manner the ability of the drainage way, drainage easement or designated floodplain to convey or pass stormwater except as allowed in the Facility Impact Permit. All existing District Structures damaged or removed shall be replaced immediately to the satisfaction of the Chief Engineer or authorized representative at no cost to the District or Pima County.
C. All work shall occur in a manner that is least destructive to existing public improvements and natural resources and shall be completed in the shortest possible timeframe, at no cost to the District, as directed by the Chief Engineer or authorized representative. Permittee shall notify the District representative noted on the Facility Impact Permit at least forty-eight hours prior to starting work. Once the work has begun it shall continue in a timely manner until completion with no significant gaps in the time between execution of the various phases of the work. In the case of an emergency requiring immediate work impacting a District Facility, the permittee shall make a diligent effort to contact the District prior to commencement of work. Such emergency work shall be halted upon issuance of a stop work order by the Chief Engineer. Emergency work shall not continue beyond twenty-four hours during the normal workweek or the next full work day following a weekend or holiday without the issuance of a written permit.
D. If the work performed or materials used by the permittee for repair or reconstruction of a District Facility under the Facility Impact Permit fails to pass final inspection, the permittee shall remove defective improvements and replace with improvements that meet specifications under the approved plan within the timeframe specified by written notice from the Chief Engineer or authorized representative. Facilities such as utilities that are abandoned or found to be defective may remain in place, at the discretion of the Chief Engineer.
E. The permittee shall not allow any condition to exist in connection with the exercise of the permit which would be a hazard or source of danger to the general public. If the work presents or becomes a hazard to the general public, the District may take immediate corrective action to protect public health and safety or as otherwise allowed by law. The District may bill the permittee for the full cost incurred for such corrective action.
F. The permittee shall be responsible for verifying the location of all underground utilities in accordance with the Blue Stake laws prior to the commencement of any excavation and shall protect said utilities from damage.
G. All work shall be accomplished in accordance with applicable requirements of the Pima County Code, including Floodplain Management Ordinance, Grading Ordinance, Channel Design Standards Manual, and any other applicable engineering details, standards or specifications of the District and Pima County. With the exception of plans prepared by public service corporations that are subject to federal and state regulations concerning safety and design, all work shall be performed in accordance with plans prepared by a professional engineer.
H. The permittee or his representative shall keep a copy of the Facility Impact Permit and make it available to the District upon request.
I. If at any time, the District Facility, or any portion thereof, occupied and used by the permittee in accordance with the Facility Impact Permit is needed or required by the District or County, the permittee, upon receipt of notice shall, at no cost to the District or County, remove, relocate, or abandon in place all property belonging to the permittee, unless other arrangements are agreed to by the Chief Engineer.
J. In the event the applicant does not repair the District Facility to the conditions set forth by the Chief Engineer or authorized representative after a thirty-day notice of any deficiencies, the applicant by the acceptance of a permit agrees to be responsible for all costs of completing such repair, and in the event suit is necessary, agrees to be responsible for all costs of collection including but not limited to court costs and attorney's fees.
K. Applicant is placed on notice that the District may not own the particular property or property rights for which the permit is issued. Applicant assumes all liability resulting from any defect to the title of the land and no warranty of title to the underlying land is expressed or implied.
(Ord. 2018-FC1 § 1 (part), 2018)