Signs Encroaching on Right-of-Way:
1. Property owner/lessee agrees to save and hold the City of De Pere harmless from any and all injury that may occur to any party as the result of the requested sign encroachment upon the right-of-way referenced hereunder. This provision is intended to indemnify and hold harmless the City of De Pere to the fullest extent permitted by law and includes the payment of reasonable attorney fees for the defense of any claims brought which can fairly be said to be under the intent and purpose of this hold harmless agreement. To secure such hold harmless agreement, property owner/lessee shall maintain a general liability insurance policy on its business operations in an amount of not less than One Million Dollars per occurrence and has produced a Certificate of Insurance that the City is named as an additional insured and is entitled to coverage thereunder under the terms and conditions of this permit.
2.If the City right-of-way is required for another use deemed by the City of De Pere to be inconsistent with continued encroachment under this permit or if the City determines that the sign installation creates conditions adverse to the best interests of right-of-way users, the general public, or presents a threat to street safety, then property owner/lessee, upon notification by the Building Inspector, shall promptly remove the encroaching sign from the right-of-way upon ten (10) day written notice to property owner/lessee. The sign shall be removed by property owner/lessee at property owner/lessee’s sole cost and in accordance with all rules and regulations then applicable.
3. The authority to encroach upon right-of-way shall not transfer to any new business or property owner. A new permit is required.