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<br />i. Occupancy and Storage. Human occupancy for office or other uses or the storage
<br />of other materials and equipment not in direct support of the connected
<br />telecommunications antennas is prohibited.
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<br />j. Decommissioning and Repair Bond. The applicant shall provide a financial
<br />surety bond from a corporation licensed to do business as a surety corporation in
<br />the State of Missouri, payable to the City of University City and acceptable to the
<br />City Council. The bond shall cover the costs of repairing damage resulting from,
<br />but not limited to, vandalism, lightning, storm, earthquake, fire, and explosion. The
<br />bond shall also cover all costs of decommissioning of the facility; dismantlement;
<br />and/or removal of the entire telecommunications facility, and remediation of the
<br />landscape in the event the owner or operator fails to complete these activities in a
<br />timely manner. The Zoning Administrator shall determine, based on substantial
<br />evidence, that the bond is sufficient to cover such costs, and that the application
<br />shall include assurance that the surety corporation will not cancel or transfer
<br />obligations for the bond until the site has been restored. The surety bond must be
<br />submitted to and approved by the Zoning Administrator after the application for a
<br />conditional use permit has been approved, but before the permit is issued.
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<br />k. Indemnification. The applicant shall submit a statement that it will:
<br />(1) Release the City of University City from, and against, any and all
<br />liability and responsibility for or arising out of the construction, operation,
<br />maintenance, decommissioning and removal of the telecommunications
<br />facility. Each facility owner or operator must further agree not to sue or
<br />seek any monies or damages from the City in connection with the above-
<br />mentioned matter.
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<br />(2) Indemnify and hold harmless the City of University City, its elected
<br />and appointed officers, agents, and employees, from and against any and
<br />all claims, demands, or causes of action, and the resulting losses, costs,
<br />expenses, reasonable attorneys' fees, liabilities, damages, orders,
<br />judgments or decrees, sustained by the City or any third party arising out
<br />of, or by any reason of, or resulting from the telecommunications facility
<br />owner's, operator's, agent's, or employee's negligent acts, errors, or
<br />omISSIons.
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<br />1. Insurance. The applicant shall submit a statement that he/she will procure
<br />adequate insurance, as determined by the Plan Commission and approved by City
<br />Council, to cover liability, bodily injury, and property damage. The insurance shall
<br />cover, but not be limited to, the site, and to the facility and its operation. Proof of
<br />such insurance must be submitted to and approved by the Zoning Administrator
<br />after the application for a conditional use permit has been approved, but before the
<br />permit is issued. The City of University City shall be named as an additional
<br />insured.
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