[HISTORY: Adopted by the Board of Trustees of the Village
of Rhinebeck 8-23-2011 by L.L. No. 2-2011. Amendments noted where
applicable.]
The Village of Rhinebeck will well, truly and faithfully comply
with and perform all the terms and conditions of each such permit
on its part to be kept and performed and abide by and comply with
all such conditions, rules and regulations as may be from time to
time promulgated by the Commissioner of Transportation of the State
of New York (hereinafter referred to as the "Commissioner"), according
to the true intent and meaning of such permits, rules and regulations.
The Village of Rhinebeck will, at its own expense, promptly
complete the work allowed under each permit and within a reasonable
time restore state property damaged by its work to substantially the
same or equivalent condition existing before such work was begun;
and in the event that the Village of Rhinebeck fails to so restore
damaged state property within what the Commissioner deems to be a
reasonable time, the Commissioner, after giving written notice to
the Village of Rhinebeck, may restore the property to substantially
the same or equivalent condition as existed before the Village of
Rhinebeck began the work and require the municipality to reimburse
the state for any and all costs incurred by the state in such restoration.
The Village of Rhinebeck will indemnify, hold harmless and defend
and protect the State of New York, the Commissioner and the Department[1] and their officials, officers, agents and employees against
and pay any and all amounts, damages and costs and judgments which
may or shall be recovered against said state or its officers or agents
or which such state may be called upon to pay to any person or corporation
by reason of damages arising or growing out of operations pursuant
to said permits or the manner of doing the same or the neglect of
the Village of Rhinebeck or its agents or servants or the improper
performance pursuant to the conditions of said permits by the municipality,
its agents or servants.
[1]
Editor's Note: The New York State Department of Transportation.
The Village of Rhinebeck will pay any and all damages, costs,
including but not limited to attorneys' fees, and the judgments
recovered against the state, the Commissioner of Transportation, the
Department of Transportation and their officials, officers and employees
in connection with work allowed by a permit or from use of a permit
by the Village of Rhinebeck or by any person acting by, through or
for the Village of Rhinebeck, including omissions and supervisory
acts of any of the entities or persons named above.
It is understood that this undertaking is one of indemnity only
and is not be construed as imposing on the Village of Rhinebeck an
obligation to pay claims for which there would not otherwise be a
remedy in law against the State of New York
Any payments required by the foregoing will be guaranteed by
the full faith and credit of the Village of Rhinebeck or its districts,
as applicable.
